Midnight Whispers
QAF Brian and Justin Fanfiction

“Brian, I have a moving company starting to clean out Vangard. I’m not leaving a fucking paper clip on the floor. Where do we put this shit?”

“One moment Mel; Cynthia call downstairs and arrange for me to get about 20,000 square feet of vacant office space in one location closest to our offices.”

“I’m on it Brian.”

“I’ll have a location in a few minutes. How did it go?”

“Brian, I haven’t fucked a man that hard since I was a freshman in college”

“HA ha ha ha ha ha!”

“As expected he didn’t retain me and I didn’t request it.”

“What a fucking idiot.”

“I had two agreements ready; one if he did, and one if he didn’t.”

“Go on.”

“Legally I’m still your attorney. I used the hammer contract. He didn’t read past page two getting hung up on the copyright transfers. He started to refuse to sign and I did the take away technique and packed my briefcase reminding him of the wolves waiting. He panicked and I demanded he shit or get off the pot. He wasn’t my only client.”

“I’d love to have seen that.”

“He signed the agreement without reading it or getting a copy.”

“How bad did you fuck him?”

“Three feet long, thick as a five pound coffee can without grease.”

“Details”

“I cashed his check for 4.85 million and got you a new cashier’s check now. He agrees to hold Kinnetik harmless of any legal action against him. He agrees to secure his private home property to settle any debt he owes with you controlling it. I made him fuck his employees out of vacation and sick pay. He accepts all taxes and penalties due to closing his company. He agrees to pay your legal fees if anyone tries to sue you regarding him or Vangard. And for good measure he waives his pension fund until his federal bankruptcy case is settled and completed as reserve cash for your potential legal fees. But there’s more.”

“Fuck Mel; that’s wicked.”

“No it’s not; I’m a lawyer, we’re fucking sharks and he’s fish food.”

“What else?”

“He’s making basic payroll up to today only. I get a final check of his account balance later after payroll is made. We get the office furniture, copy machines, fancy ad machines, all his photographic and video equipment, his entire video lab worth at least a million in electrical and electronic equipment; dozens of computers with passwords cleared off; files and cabinets, every stinking pen, pencil, paperclip, and cable in the offices; all his routers and servers, and the art on the walls.”

“He is going to shit when you take his art Mel.”

“I hired the biggest meanest bears on Liberty Avenue in full leather; he can try to shit on them. Thirty men with five trucks Brian; I gave them orders to take everything remaining.”

“Mel, take the stuff to the 42th floor. I’ll have one of my security men there with the doors open ready for your trucks. You do realize Mel; within 30 days he’ll be broke, homeless, and unable to hire a lawyer for the bankruptcy filing?”

“You can get his estate if you agree to call off the wolves when they start on him. He’s only about two million down personally and I can lawyer to death the creditors for his company. His estate’s worth 3.5 million Brian at least. You give him 3K a month, and a car to load his clothes in so he can ride off into the sunset.”

“I love you counselor.”

 “20% of what I make for you in this deal?”

“I give 33% for the best fucking pit bull Jewish dyke lawyer in America.”

“You’re a hard man to do business with Kinney; I accept 33%.”

“See you at dinner tonight.”

“See you.” Mel hung up the phone smiling. She just knocked down a very significant portion of the retainer she owed Brian and Justin sinking Vangard hard.

********************

Brian played the tape recording of his conversation with Mel to Justin. The blond listened to it all before commenting.

“Damn Brian, she is so good at what she does.”

“What is his art and video gear worth to us?”

“It’ll save me over 3 million in new purchases. Everyone in the office can get a computer now; they don’t have to share. I need to move art and video to another floor and free up space for offices for your side of things.”

“The most space is on the 42th floor Justin; see if you can use it when we clear out Vangard’s shit.”

“A lot of his stuff is art and media and can stay there. He had one video camera I know was like new and cost $450,000. Tell me Brian, was it ethical what Mel did to him?”

“Let me put it this way. Mel walked in technically my lawyer unless Vance hired her. He did not write a small retainer check. She was not obligated to be his lawyer or provide him legal advice. Vance lost his business by a series of incredibly dumb mistakes. Today he was standing with his feet in the toilet. Mel walked in with a rope to pull him out if he hired her, and she placed his hand on the flush handle if he didn’t. Vance flushed his self down the shitter Justin. He panicked and signed the agreement without reading it all. He didn’t consult with his own legal team. I ask you; is it unethical to pick up the money from a fool throwing it away? Remember we’re saving his clients.”

“Ted told me the copyright royalties are worth tens of millions in future revenue.”

“They don’t count as an asset in bankruptcy court. Future maybe money doesn’t count for creditors to attach.  In theory they may pay nothing.”

“In reality?”

“I wrote his best ads. We might make 80 to 180 million or more in three years off of them when I re-pitch them with brilliant follow up campaigns.”

“Fuck Brian; why did Vance go under?”

“He got where he was living in a 100 foot diameter bubble with a 10 foot diameter income and drained his corporate capital reserves maintaining his lavish lifestyle. He took on accounts he didn’t have the vision or man power to service properly. He borrowed way too much money. By becoming a business man, he lost his visionary creative edge as an ad man and had nobody like me or Cynthia to save his ass when we left. The day he fired me he set this day in motion for his doom. He didn’t realize how much I saved his company from going under.”

“Did you actively try to steal his clients?”

“No, they got disgusted with him for poor performance and hire us. I never cared for the ma and pa clients he likes but their money’s green and junior ad execs can handle them.”

“So, he just had a going out of business sell, and we bought his shit for 10 cents on the dollar.”

“More like 2 cents but you got the idea. I admit we dangled a carrot in his face on a stick but he can’t prove it.”

“Can he sue you; can he sue Mel for not representing him?”

“He can try; he didn’t hire Mel so that ends that; since he signed an agreement to hold me legally harmless and to pay my attorney fees for law suits, he would be pretty stupid to do it. The game of taking down Gardner Vance has only just begun. Soon he’ll realize he has nothing and maybe not enough money to hire a good lawyer. He’s two million dollars in debt personally not counting his business debt exceeding 12 million I know of and that doesn’t include client obligations we assumed. All he has is a home estate worth at least 3.5 million free and clear and he has entered a settlement agreement to fork it over for personal creditors … to me.”

“Shit! He is so fucked Brian.”

“I’m sure Mother Taylor and Tucker will love his estate. They get it for a song. I control it now and I can sell it to who I want to for cash used paying his personal debts, … well partially.”

“Did Mel know you recorded this?” Brian grinned.

“Cover all your bases Justin; no and she didn’t ask me or by law I would have to tell her.”

“Are you going to tell her?”

“We are not going to tell her; the only way she finds out is if she crosses me and sides with Vance.”

“Brian! Mel wouldn’t do that. How could you think of such a thing?”

“Unless it’s a personal call, I always record phone conversations in case of future legal challenges. It wasn’t against Mel, Justin. This is covering your ass on the highest levels. I do it with everyone except you or Ted.”

“When did you start to do this?”

“Since Kip Thomas accused me of sexual harassment at Vangard.”

“Oh; someday Brian I want to talk about that thing.”

********************  

“You got a few minutes Brian?”

“Yes Kevin, come on down.” The HR director, Kevin Gelden walked into Brian’s office.

“Brian, just as I feared, we have received a tidal wave of applications and resumes from phenomenal talent wanting to work here. I need some guidance from you how you want me to proceed.”

“How do you define phenomenal?”

“People almost as talented as you and Justin; young and brilliant and not appreciated where they are.”

“How many people are that good?”

“Two hundred at least; I’m still reviewing samples and resumes. Some of the brightest minds in New York want to get out of the Big Apple and belong to the hottest agency in the nation now.” Brian got on his intercom.

 “Ted, come to my office.”

 “Be right there Brian.”

“Let me get Ted’s input on something.” Ted walked in seeing Kevin. “Ted, considering the buzz we got recently by free publicity, with a very conservative estimate, how many new accounts could we take on if we have the staff to handle them?”

“Brian, for example, legal just got an interest letter from the CEO of General Motors for a copy of your standard agency contract for his review.”

“GM? Why hasn’t someone told me this?”

“They just got it minutes ago; they’re drafting a reply and sending both to you for your approval and signature.”

“How much business can we do if manpower and talent isn’t an issue?”

“Conservatively speaking with aggressive agents in the field closing new clients we should have over four times the business within a year. We’re the hot agency to hire now. The nation is all a buzz about us and our ads.” Brian got on the intercom again.

“Justin, come to my office for a meeting.” Soon Justin arrived and was brought up to speed with the new information and projections for business. Kevin showed him a small sample of the talent wanting to work for Kinnetik. “Ok, now that you know what we can do; how do we do it Justin?” Brian then waited for that blond brain to process this problem.

“We do what I did with the art department competing with the ad men when I took over the department. We hire them all and put them against our existing ad execs and each other; they all compete coming up with the best ideas for a campaign to land the account no matter if they sign up the account or not. The winners move up and the ones without the vision or ideas handle the shit small accounts until they get creative. Bring them here with a moving allowance and a small basic salary to start to prove themselves.  If they have the confidence to compete in our open creative environment; they will accept the employment offers.”

“Brian, most of them will bring new clients to Kinnetik with them away from their existing agencies in time.”

“How many ad execs and how many artist types do you have now Kevin that truly impresses you?”

“I have about 160 execs and 50 artists including major video talent with years of experience and knowledge.”

“Do you understand the open thinking, competing atmosphere of our company well enough to describe it to potential employees?”

“I think I see where you’re going. I have a good idea for a form letter and Justin can review and revise it. I’ll press the opportunity for real talent to excel here, the generous sign on bonus for new clients, and the bonuses for major hit campaigns plus our basic benefit package. They’ll have a fraction of the cost of living here compared to New York. I’ll mention that stating the higher salaries aren’t needed to live well in Pittsburgh.”

 “We now have 112 employees; many are marginal performers. We have the option on the table to hire 210 or more highly skilled, experienced proven professionals to expand our company. Ted, I need risk analysis for cost of their employment by the end of the day. Worst case scenario; they don’t make me a dime for six months. Kevin, write your detail offer for employment consideration form letter. State the cheap salary to begin with, the benefits, and the atmosphere to prove they are top performers quickly. State we will do interviews in the New York area during a very large hiring event by invitation only. Get back to me with it by tomorrow morning guys. Justin, look over the samples Kevin has from the artists and see what you think of each one if you have time to. Your present projects are priority. We have time to look at them later.”

“Everyone is laid out with work; I’m free now. Tim can handle the department while I’m gone.” Justin said.

“Ok, this is only growing pains people; don’t sweat the scary painful feelings you’re having. We already have major obligations to Ford to produce. The additional talent will insure we can do it. Get to work on the things we need to make this happen. If the risk analysis is under 100 million; this expansion is a go people.”

Chapter End Notes:

This chapter was very important plot development. Thank you for reviewing.

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