Freelance Love Page 3

  ***

  At Rick Devins’ office the next morning, Morgan sat in his office, explaining her work and how she structured her writing contracts.

  “The only thing I outsource is my research, and that’s in my contracts with each of my clients. If I had to stop and do the research for every article, I’d never be able to get as much written as I do. The writing and proofing – I have to do that. I have a professional editor who line-edits and copy-edits everything for me. He finds the mistakes I’ve missed and helps me make sure that what I’m saying works.”

  “I’ll need copies of your contracts. Do you have a contract with your researcher as well?”

  “Oh, yes. Here. You can make the copies and I’ll take the originals back.”

  “Okay, why do you think it’s your former boss?”

  “Simple. When I gave him my letter of resignation, he was . . . in a word . . . unhappy that I had chosen to leave. He kept trying to get me to change my mind before my last day and I kept refusing. Even more, he keeps calling me at home and begging me to come back. I’ve just gotten to where I don’t pick up his calls and I just let them go to message. The last time he called me was right before Lily called me to tell me about these allegations. It’s not much, I know, but he has a lot to gain if I lose my business and have to go back to what we in the biz call a “brick and mortar” job.”

  “Good point. When you lose any income from your freelance writing business, this makes it more likely that you’d have to return to his store. I’ll need phone numbers for the editors of each magazine you write for.”

  Morgan wrote the numbers down on a page she pulled from her planner and handed it to Rick.

  “How are you replacing the lost income? That’s important for me to know so I can determine potential losses,” Rick said.

  “I’m grading English assignments for my friend at the university, both undergrad and graduate level. I’m also starting to tutor students. I’m being paid $10 an hour for the grading and I will be charging $35 per hour for the tutoring. I don’t know how many students I’ll get. Because I still have magazine assignments for now, I can only devote so many hours a day to tutoring. Grace tried to get me a higher per-hour rate, but the personnel office said ‘no.’ I can only work on grading for 20 hours a week. I’m very likely to take a loss.”

  “Okay, I’ll run those numbers. Let me know if you get tutoring students and how many, including how many hours a week you devote to that.”

  “Gladly, thanks.” Morgan gathered her materials and left, stopping at the store for items she needed. At home, she put everything away and began working on a magazine article. Several hours passed as she wrote from the research Mia had completed. Looking at her clock, her jaw dropped.

  “Two p.m.! Oh, my God, I hate this! I need to get to the grading now – John, if you’re responsible for this, you will pay, in spades,” Morgan promised. She hastily saved the work she had completed and started grading the large pile of assignments Grace had given to her. Four hours later, she rubbed her gritty eyes and got up. Grabbing a bottle of eye drops, she inserted a drop in each dry eye and decided to find something for dinner.

  Chapter 4

  Morgan was stretched out on her couch, grading essays and assignments for Grace when Rick called the next morning.

  “Morgan Adams Consulting, how may I help you?”

  “Morgan, it’s Rick. I went through everything with a fine-tooth comb. You are definitely going to take a loss because of these allegations. I spoke to the Las Cruces Lifestyles editor, and she’s having her doubts about these allegations. But she doesn’t want to make a decision until she knows for sure. That’s good for the magazine and you in the long run. In the short run, your finances are gonna stink. I asked her if she recognized the caller and she didn’t. He had a distinctive Texas accent, from what she said. He didn’t seem to know much about the writing business, how it works and what’s considered ethical or unethical. She said that, about all he seemed to really know was the definition of outsourcing. Have you heard anything from any other clients?”

  “No, thank God. At least, I still have that work coming in.”

  “Good. I don’t want to make your situation any worse by calling your other clients and tipping them off to what happened with the Lifestyles client. Because Lily has her doubts, it looks good for you – except for your financial losses. I’m going to to to Mack’s store and talk to him, see what he says, then I’ll let you know what I come up with. I’m not calling him ahead of time. I’m just going to show up so he can’t cook up any stories. I want him to admit what he did and get him to agree to a large settlement – actual damages, defamation of character and punitive damages. I’ll be drawing up the lawsuit today and filing it before the end of the week.”

  Morgan exhaled a long sigh, looking at the grading. “Thank you. At least I’m getting two more paychecks from Lily in the interim. That’ll help, but I hope I don’t end up having to call creditors and explain that a client has put me on the reserve list.”

  “That’s why I’m doing this as fast as I am. If you don’t mind, I’d like to send a copy of the motion as an attachment so you can let me know if anything needs to be changed.”

  “No problem. I’ll look for it and let you know.”

  “I’ll let you go, then,” Rick said, hanging up.

  ***

  Rick drove to Mack’s Country Clothing, noting that the store was located in an area that got little foot traffic. “Hmm, no wonder he’s not getting very many sales. If he gave up his lease here and moved to the east side of the city, he’d be more likely to see better sales. Let’s see what he’s got on the racks.” Rick made sure to walk in as a customer so he wouldn’t tip off John Mack.

  “Well, good mornin’, pardner! How you doin’ this fine mornin’?” asked John Mack. He strode quickly to Rick, hand outstretched. “We got several men’s items on sale and clearance. If you’re lookin’ for some western jeans or a western-cut shirt, I know we got several in your size. How about some cowboy boots or riders?”

  “Mornin! Let me see what you have. I do need a few things, but I want to make sure I’m getting a good price first. I’ll let you know if I see anything here.” Rick strolled around the store, looking at the stock and the general condition of the premises, noting the aged dressing rooms, dust on the windowsills and the fine coating of dust on shoeboxes and hangers.

  “Excuse me, Mr. . . .?”

  “Mack. John Mack. You see anything you like?”

  “Yeah, but like I said, I’d like to look around town before I make my decision. Listen do you have time to shoot the breeze for a few?”

  “Sure! Girls, manage the floor while I’m talkin’ to this fine man. I’ll be out in a few minutes. Push the sales items and suggest accessories! Let’s go right this way, sir.”

  Inside John’s small, cramped office, Rick got right to the point.

  “Did you used to have an employee by the name of Morgan Adams? She worked here up until a couple of years ago.”

  “Yeah. Why?”

  “She’s facing allegations of outsourcing some of her writing responsibilities with her client, it seems. She’s taking some different kinds of work to see her through until her editor determines if the charges are true or not. Would you know anything about that?”

  “Yeah, I called that editor. I need – want – Morgan back here in the store and I’ll do whatever it takes to get her in here. Takes some cool thinkin’ to outwit someone who thinks she’s able to run her own bidness outta’ her home.”

  “Yeah, that it does. How’d you find out about what ‘outsourcing’ is? What has her response been when you’ve invited her to come back?”

  “Talked to a writer friend I know. She explained this ‘outsourcing’ thing to me when we were eating lunch together one day. I figgered that, if I make her name mud, she’ll come back with her tail between her pretty little legs. She’s refused up until now. I think, with that call I made, she may just
have to come back if she don’t wanna lose that pretty little spread she’s got.”

  “Smart thinking! You just may have outwitted her . . . or you may have stepped your feet right into a huge cow patty,” said Rick with a sharp look.

  “What? What are you talkin’ about?”

  “Rick Devins. I’m her attorney. She’s suing you for defamation of character. By calling a client with those allegations, you painted her with a very ugly brush, Mack. She knows writing and journalism ethics and she works within those ethics. She has contracts with her clients that spell out exactly what she’s responsible for . . . and what she’s not allowed to do. She knows outsourcing anything other than research is verboten – forbidden. Yeah, you may have set up a situation where she can’t write professionally – and she’s fighting back, proving your claim is false. It would go much better for you if you would call that editor and let her know that you gave her false information about my client. If you don’t I’ll be forced to bring that civil lawsuit against you for defamation of character.”

  “Hey, wait a minute! All I did . . . y’know, I take everthin’ I just said back. I never called no client, no editor, no nobody. She wants to come back, she’ll be considered along with any other applicant.”

  “Ah. You know, you just painted two very different stories. I think a jury and a judge would be very interested in hearing both of them – y’know? I’m filing papers in district court today – a lawsuit that says you defamed her, and that asks for actual and punitive damages. Expect the paperwork in a few days. Have a great day!” With that, Rick bounced out of his chair and headed for the front of the store. As he was opening the door, he heard John’s enraged howl coming from his office. Chuckling and shaking his head, he jogged to his car and drove away, thinking, “He just stepped in it and he’s about to find that, wiping that shit off his foot and getting rid of the stench is going to be mighty damn hard.”

  Chapter 5

  In his office, Rick called Morgan, who was elbow-deep in more grading. “Morgan, I visited John Mack this morning. You were right. He found out a little bit about what outsourcing is, thought he knew everything and decided to endanger your position with a client. I don’t think he’s called any of your other clients, by the way. He admitted to everything at first – he was pretty damned proud of what he’d done, thought he’d made it to where you wouldn’t be able to continue working as a freelance writer. What’d he say? Something about, ‘I figure that, if I say she’s done something this bad, she won’t have any choice but to come back here with her tail between her legs.’ When I identified myself as your lawyer, he walked everything he’d said back. Said that, if you decided to apply there, you’d be considered for employment along with anyone else who applies. In short, Morgan, he gave me two very different stories, and I think the judge – and maybe a jury – would be very interested to know that little tidbit.”

  Morgan let out a laugh that was wrung dry of humor. “Yup. That’s John. Out for numero uno and the hell with anyone else’s rights.”

  “That’s the read I got, too. I have the paperwork drawn up and ready to file. I told him I’d be filing today, just to twist the screws a little bit. I suggest giving him, say, a two-week deadline to call that editor back and walk back his allegations of outsourcing. If he doesn’t, I’ll file the ‘notice of tort’ paperwork at the district courthouse.”

  “Thank you!” Morgan said with a huge sigh of relief. “I can see light at the end of this tunnel . . . about your fee . . .”

  “I’m giving you a contingency basis fee. If you win, I get 25 percent of your award. That fair?”

  “Very fair. As long as I regain what I could lose if Lifestyles drops me as a writer, I’ll be happy,” said Morgan.

  The next morning, Rick decided to stop at the Las Cruces Lifestyles office with no appointment. He didn’t want to give away any advantage that Morgan might hold. He told his receptionist he’d be back within an hour.

  The Lifestyles office, located in an office complex on the corner of Idaho and South Main, featured previous magazine covers and Southwest art pieces and sculptures. Rick noted that the sculptures could either be expensive originals or very good duplicates.

  “Morning. My name is Rick Devins and I need to speak to the managing editor. I believe her name is Lily?”

  “Yes. She’s on the phone at the moment. Do you have some time to wait?”

  “Yes, I do. Thank you.”

  “What’s the reason for your visit? This way, I can let Lily know.”

  “Certainly. I’m Morgan Adams’ attorney and I need to speak to her about John Mack’s allegations of outsourcing.”

  The receptionist shot him a sharp look. “You know who made the allegations? She’s suing him?”

  “Yes, but beyond that, I can’t say anything,” said Rick.

  Fifteen minutes later, he was sitting across from Lily, explaining the reason for his visit.

  “Morgan got my name from Kevin Scott, a business professor at NMSU. She says she has never outsourced any of her work, other than her research. I believe that’s allowed, per her contract.”

  “Yes, it is. What information do you need from me? I’d love to have Morgan back and actively writing for Lifestyles.”

  “Ms. Adams believes you received the outsourcing allegations from John Mack, her old boss at Mack’s Country Clothes. What can you tell me about that call?”

  “It was an . . . odd call, to say the least. I don’t really know who called me . . . all I can say is he had a heavy southern or Texas accent and he didn’t really seem to know about what he was saying, other than that Morgan had outsourced her actual writing, not her research. That goes directly against her contract, so I put her on reserve status here and started reviewing her previous work.”

  “So, beyond knowing what outsourcing is, he didn’t know about what Ms. Adams does?”

  “No.”

  “Have you been able to develop any conclusions about her work? Whether she’s outsourced?”

  “Yes, I have – the voice and writing style of each article is consistent. You see, different writers have different styles and voices. Some are more formal, while others are less so. A writer generally writes in the same style from assignment to assignment and it’s not very hard to pick out when someone has asked someone else to write something for them. I’ve determined that she hasn’t violated her contract with us, so I’m planning to call her and put her back on two assignments per month. I had been planning to increase her to four assignments per month. I’ll move ahead with that plan within three months.”

  “You know, the loss of three assignments a month has caused a real financial crunch for her. She’s grading assignments for a professor friend of hers, getting ready to put in hours at the Writing Center on campus and take on private clients.”

  “My God, that’s a lot of work!”

  “Well, she told me you pay her well for each assignment, so that’s a significant loss for her.”

  “Do you know Mr. Mack’s motivation for making these false allegations – if it was him?”

  “Oh, it was. I spoke to him yesterday and he was proud to admit he’d done it – until I told him that Ms. Adams is suing him. His motivation? He hates seeing her financially independent – for whatever reason – and thought he could force her back into the store if he destroyed her writing reputation and business.”

  “She never said anything about her years of working there. She kept that pretty close to the chest, actually.”

  “Well, from what I observed, his store is slowly dying. He’s desperate. He talked to a writer, who was more than happy to explain ‘outsourcing’ to him. With that little bit of knowledge, he was able to potentially destroy her writing career. I have a question for you – when you heard his allegations, what was your opinion of Ms. Adams?”

  “At first, I was very disappointed in what she’d supposedly done. My immediate reaction was, ‘If she’s done this, what other ethical shortcuts will s
he take? Do I want such a writer on my list?’ But, when he couldn’t elaborate on anything else, like false attribution of quotes or plagiarism, I began to wonder. He didn’t know what either ‘sin’ entails.”

  “Well, I’m no writer, but I know what they mean. So, your opinion of her changed? What would have you told other magazine publishers had they approached you for a reference on Ms. Adams?”

  “My opinion did change, and not for the good. She’s always been an excellent writer, turned assignments on time and wrote exactly what we were seeking. But I began to wonder, like I said. I don’t know what I would have said, actually. I would have wanted to complete a full review of her past work first – at the most, I would have asked them to hold off on contracting with her until I had completed a review of her work.”

  “Would that have alerted publishers to a potential problem?”

  “Definitely. yes.”

  “So, she could have suffered real damage to her reputation as a writer? As well as real financial damage?”

  “Again, yes.”

  “Lily, I don’t know what decision Mr. Mack will make. I’ve told him that I’ve filed the notice of intent to sue. In actuality, I’m waiting for him to call you and admit that he lied. Ms. Adams and I are giving him a two-week deadline. If he does, I won’t file. If he doesn’t, I will file and it’ll be up to a judge and jury to determine whether she’s been defamed. Would you be willing to testify as a plaintiff’s witness?”

  “Yes, I am. That’s really bad, what he tried to do to her. She’s a gifted writer and, to lose her livelihood that way – it would follow her everywhere.”

  “Thank you. Here’s my card. Please let me know if Mr. Mack calls. I’ll check back with you in two weeks if I don’t hear and I’ll verify whether he has or hasn’t called you to walk his allegations back.”