Chapter 48: The Discovery Conference
SCOTT RODEN
The courthouse conference room was smaller than I expected. Rectangular table, six chairs, fluorescent lights that hummed with the particular frequency of government buildings everywhere. Magistrate Judge Chen's chambers smelled like old law books and burnt coffee.
I arrived fifteen minutes early, took the seat facing the door. Spread my materials—case file, motion papers, highlighted statutes—in organized stacks. The System ran quiet background calculations, but I dismissed them. This wasn't about probability. This was about execution.
Harvey and Mike walked in at nine fifty-eight. Harvey first, expensive suit, predator's confidence, scanning the room like he owned it. Mike behind him, carrying a leather bag, looking younger than his years.
Harvey's eyes found me, held for three seconds. No greeting. No acknowledgment. Just assessment.
They took seats across the table. Harvey in the center, Mike to his right. Creating the impression of authority through positioning.
I didn't move. Didn't adjust my papers. Just waited.
HARVEY SPECTER
Scott Roden looked different. Not physically—same sharp features, same controlled posture. But something in the eyes. When he'd worked at Pearson Hardman, there'd been calculation mixed with caution, the wariness of someone navigating territory that wasn't fully his.
Now there was just cold competence.
"Mr. Specter. Mr. Ross." Scott's voice was level, professional. Not friendly but not hostile either.
Harvey didn't respond. Let the silence work. Most opposing counsel got uncomfortable with silence, started filling it with nervous chatter.
Scott opened his case file and started reading something. Completely unbothered.
Interesting.
Judge Chen entered at exactly ten AM. Late fifties, Chinese-American, former public defender with reputation for cutting through bullshit. She sat down, didn't bother with pleasantries.
"Gentlemen. We're here because you can't agree on discovery scope. Mr. Specter, you objected to all six of plaintiff's requests. Mr. Roden, you filed a motion to compel. I've read both submissions. Let's start with request one—emails between the supervisor and HR. Mr. Specter, why should this not be produced?"
Harvey leaned forward. "Your Honor, the request is overbroad. Plaintiff asks for 'all communications' without narrowing to specific subjects—"
"I did narrow it." Scott's interruption was calm. "To the two-week period after Mr. Kessler's fraud report, between two specific custodians. That's about as narrow as discovery gets."
Judge Chen looked at Harvey. "He's right. The request specifies dates and people. What's overbroad about that?"
"The subject matter. 'All communications' could include privileged attorney-client discussions—"
"Then produce them with privilege log." Scott again, not aggressive but relentless. "If there are privileged communications, identify them specifically. But blanket objection to avoid production is obstruction."
Harvey's jaw tightened. "Your Honor—"
"I'm granting request one. Next. Request two, the HR investigation file."
MIKE ROSS
Mike watched the exchange, increasingly uncomfortable. Scott had anticipated every objection, countered every argument with specific case law. Harvey was fighting but losing ground.
This wasn't the Scott Roden who'd left Pearson Hardman six weeks ago. This was someone who'd been preparing for this exact confrontation.
"Request three," Judge Chen continued. "Performance reviews of the employees Mr. Kessler reported. Mr. Specter?"
"Not relevant to plaintiff's termination. Whether other employees were promoted has no bearing on whether plaintiff's termination was justified."
"It's directly relevant to retaliation pattern," Scott said. "If employees who committed fraud were promoted while the employee who reported it was fired, that demonstrates discriminatory treatment. Basic retaliation theory."
Judge Chen nodded. "Granted. Request four—"
Harvey interrupted. "Your Honor, may I note for the record that plaintiff's counsel is making this case about everything except his client's actual performance? The company has legitimate documentation of performance issues—"
"Then you'll have no problem producing the documents that prove it." Scott's voice stayed level. "Unless you're worried about what they'll show."
The room temperature dropped five degrees. Harvey's expression went cold.
"Careful, Mr. Roden."
"I'm being careful. I'm carefully documenting that your client is fighting discovery of documents you claim support your position. Which raises obvious questions."
Judge Chen cut through the tension. "Gentlemen. Let's skip ahead. Defense cited Morrison versus Tech Corp in objecting to request five. Mr. Roden, your response?"
"Morrison was superseded by Second Circuit ruling three months ago. Marshall versus Continental established that even broad document requests are proportional when retaliation is alleged. Defense is citing outdated precedent."
Harvey's pen stopped moving. Mike glanced at him—that was the tell that Harvey hadn't known about Marshall.
"Is that accurate, Mr. Specter?"
Brief pause. "The Marshall case has limited application—"
"It directly addresses the issue. It's binding precedent in this circuit. And it says broad discovery is permissible in retaliation cases." Scott pulled out a highlighted copy, slid it across to the judge. "I've marked the relevant section."
Judge Chen read it, looked at Harvey. "Mr. Specter, do you have a response that doesn't involve distinguishing controlling authority?"
"No, Your Honor."
"Then I'm granting request five as well."
Mike counted in his head. Scott had won four out of six requests. That was a complete victory by any standard.
Judge Chen closed her file. "Anything else?"
"Deposition schedule," Scott said. "I'd like to depose Mr. Kessler's former supervisor, the HR investigator, and the three employees he reported."
"Mr. Specter?"
Harvey's expression was unreadable. "We'll coordinate schedules through normal channels."
"I'd prefer to set dates now while we're all present."
"I'd prefer not to."
Judge Chen looked between them. "Set dates within thirty days or I'll set them for you. We're adjourned."
SCOTT RODEN
The hallway outside was empty except for us. Harvey and Mike headed toward the elevators. I followed at a distance, no hurry.
Harvey stopped, turned. Mike kept walking, uncomfortable.
"You're making this personal," Harvey said.
I stopped ten feet away. "You made it personal when you dismissed me without looking at my work. I'm making it professional—I'm just better at it than you expected."
"You think winning a discovery conference makes you better?"
"I think preparing makes me better. You relied on outdated precedent. I didn't."
Harvey stepped closer. Not threatening, just intense. "You're playing in the big leagues now. That means consequences."
"I've been here the whole time. You just weren't paying attention."
We stood there, neither backing down. The elevator dinged behind Harvey. Mike held the door.
"Harvey. We should go."
Harvey didn't move for another five seconds. Then he turned and walked away without another word.
Mike gave me an apologetic look before the doors closed. I watched the numbers descend, then headed to the stairs.
My phone buzzed immediately. Text from Hardman: How did it go?
Won 4 of 6 requests. Depositions scheduled for next month.
Well done. Harvey's going to be furious.
I know.
HARVEY SPECTER
The car ride back was silent. Mike kept glancing at Harvey, clearly wanting to say something but smart enough to stay quiet.
"He's not afraid of you," Mike said finally as they pulled up to Pearson Hardman.
"He should be."
"But he's not. He prepared better, argued better, won." Mike paused. "Harvey, he beat you."
"He won a discovery conference. Not the war."
"Are you sure about that?"
Harvey got out without answering. Rode the elevator up alone—Mike had gone to the file room for something. Walked past Donna's desk without stopping, into his office, closed the door.
Scott Roden had just made him look unprepared in front of a judge. Had cited case law Harvey didn't know about. Had won four out of six discovery requests that should have been negotiated down to two.
Harvey pulled up the Marshall case on his computer. Read it. Cursed. Scott was right—it completely undermined their objections. And it had been decided three months ago, which meant Harvey had no excuse for missing it except he'd assigned this case to Mike and assumed Mike would handle it.
His phone buzzed. Jessica: Heard the conference didn't go well.
News traveled fast.
He ignored the text, pulled up the Kessler case file, started reading properly for the first time. Meridian's HR investigation was thin. The timeline was damning. The performance reviews before and after the fraud report were obviously inconsistent.
Scott wasn't wrong about retaliation. He was probably right.
Which meant Harvey was defending a guilty client, and Scott Roden was going to prove it.
Harvey leaned back in his chair, thinking about the way Scott had looked at him in that hallway. Not defiant. Not angry. Just... equal.
That was the problem.
Scott Roden thought he belonged at Harvey's level.
And today, in that conference room, he'd proven it.
Donna knocked, entered without waiting for permission. "Want to talk about it?"
"No."
"Going to anyway. Scott's good. You knew that when you hired him at Pearson Hardman. You just chose to ignore it because you were busy with Mike."
"I'm not discussing this."
"Fine. But Harvey? He's not going away. And treating this like a personal war instead of a legal case is going to cost you." She left before he could respond.
Harvey sat alone in his office, looking out at Manhattan, thinking about Scott Roden and the particular way he'd smiled when citing that case law Harvey had missed.
This wasn't over.
Not even close.
But for the first time in years, Harvey wasn't entirely sure he'd win.
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