It took only two days before she stumbled upon her big chance.
The best part of it was that Payton didn’t even have to do anything. The opportunity just happened upon her. She took it as a sign that the Fates—also women, she noted—were on her side.
She got back to the office early that afternoon. One of the plaintiff’s witnesses had a family emergency and needed to be rescheduled to testify the following day. With no other witnesses present in court or available on such short notice, the judge had recessed the trial until the following morning.
Payton had settled down at her desk and begun reviewing her email, finding over twenty messages marked urgent (some people were far too liberal in their use of that little red exclamation point), when she noticed Irma over at J.D.’s secretary’s desk. The two women had their heads bowed and were whispering intently.
Ignoring them at first, Payton continued on with her email. Of course she found no actual emergencies, just everyday, run-of-the-mill client panic attacks. But a few minutes later, after seeing the secretaries still deep in their huddle, she became intrigued. Especially after Kathy, J.D.’s secretary, hurried off from her desk looking frantic.
Payton called out to Irma as she passed by her office.
“Psst! Psst! Irma!”
When Irma glanced over, Payton gestured for her to step into her office.
“What’s going on?” she asked as soon as Irma shut the door. “I saw you over at Kathy’s desk. She looks like she’s freaking out about something.”
Irma peeked out the glass window of the office, then turned back to Payton. “I’m not supposed to say anything, but J.D.’s in trouble.”
Ooh . . . this was good. Payton resisted the urge to rub her hands together gleefully.
“What kind of trouble? Tell me,” she said, eager for the details.
“Well, apparently,” Irma began, “he got called into court for some sort of emergency motion—what did Kathy say it was—a contempt motion? Contested motion? I can’t remember which—”
Payton waved impatiently, moving Irma along. “Either way. An emergency motion. And?”
“And”—Irma threw Payton a look, she was getting there—“the judge won’t let him leave. He wants to hear oral argument and have a hearing on the motion right now. But the problem is, J.D. has a deposition scheduled for this afternoon that was supposed to start, like, fifteen minutes ago. The other lawyer and his client are upstairs and threatening to leave if the dep doesn’t start immediately. Kathy went to try to stall them.”
Payton and Irma suddenly spotted Kathy hurrying back to her desk. She did not look happy.
“I better go out there and see if there’s anything I can do to help,” Irma said.
She headed back out to Kathy’s desk. Payton watched through the glass as J.D.’s secretary held up her hands, gesturing anxiously, then ran off again.
Payton called out to Irma once more.
“Psst! Irma! Psst!”
Irma walked back into Payton’s office. “What is with you today? You’re awfully pesty.”
Payton ignored this. “What did Kathy say? It didn’t look good. Is it bad? How bad? Tell me.”
“You know, you could just talk to Kathy yourself,” Irma told her.
“I’m trying to be covert. Don’t ask. Just tell me what’s happening with J.D.”
“Kathy says he’s freaking out. I guess he called the other lawyer from the courthouse and tried to explain his situation, but apparently the guy’s being a jerk about it. And when Kathy went upstairs to talk to him and his client, the lawyer said he had flown into town from New York especially for this deposition and if it didn’t start immediately, he was going to file a motion for sanctions, demanding he be reimbursed for his plane fare, hotel, and attorney’s fees.”
Payton rolled her eyes. Some lawyers could be such assholes. Luckily for her, this particular asshole was somebody else’s problem.
“Hmm . . . that really is quite a predicament,” she said most sympathetically. “But I’m sure J.D. will work it out somehow. Who’s the partner on the case? I guess he’ll have to step in and take the dep.”
“Actually, it’s Ben Gould’s case. But he’s out of town,” Irma said.
“What a shame. Who’s the client?”
“KPLM Consulting.”
“Ouch.”
Having gone to all the firm meetings—the diligent associate she was—Payton knew that KPLM was the firm’s third-largest client. Ben would not be pleased to hear of any screwups involving their matters.
“I guess J.D.’s pretty desperate,” Irma told her. “He asked Kathy to see if any of the other upper-level associates could fill in for him and take the deposition.”
Payton nodded. Then she spun around in her chair and went back to the very important task of sorting through her email. “Well, I hope that works out for him.”
She felt Irma’s eyes on her.
“I guess that means you’re not available to help out?” Irma asked.
“Boy, wow—I really wish I could. But with this trial and everything . . .” Payton gestured dramatically to the pile of files on her desk, none of which actually had anything to do with her trial. “I just don’t see how I could squeeze it in.” She snapped her fingers. Damn.
Irma nodded. If she was suspicious, she didn’t let on. “Okay, I’ll let Kathy know. Although I wasn’t supposed to ask you, anyway. J.D. told her to ask anyone but you. I guess he probably already knew you were too busy.”
No, he doesn’t want me to know he’s royally screwed, Payton thought with satisfaction. But she bit her tongue as Irma left the office.
Once alone, Payton had a moment to assess the fortuity of this most delectable and unexpected turn of events.
She had just won.
Not appearing for a deposition, risking sanctions and attorney’s fees against one of the firm’s biggest clients—these were not exactly things that partners turned the other cheek to. It may not have been J.D.’s fault, but, well, them’s the breaks. Associates seeking to be partner were expected to magically prevent this stuff from happening and if they didn’t . . .
Payton knew exactly what would happen. If there was any fallout resulting from today’s mishap, Ben would sell out J.D. in a heartbeat. Partner CYA at its best.
And if it truly was that tight of a race between her and J.D., Payton had to think this would be enough to inch her ahead. Coffee-stained suits, exposed thong-buns—these things were mere pittances in comparison to pissing off the firm’s third-largest client.
And she never even had to lift a finger to make it all happen.
Outside her office, Payton heard a panicked Kathy ask Irma for help.
“I’ve tried all the seventh years, and none of them can take the deposition,” she heard Kathy say. “Can you call the sixth and fifth years while I run upstairs and ask the attorney to wait just five more minutes? If you find someone, give them the deposition notice—it’s on my desk.”
Payton sighed.
Pity.
She turned her attention back to the imaginary tasks she was so diligently working on.
Poor J.D. She could just picture him, stuck at the courthouse, scrambling, worrying, wondering what was the luck in having something like this happen now.
Good. He deserved it.
This was all his own doing, really. He had obviously taken on too many cases in these last couple of weeks before the partnership decision, trying to show her up. So the mess he was in certainly wasn’t her problem. Besides, he didn’t want her help, anyway. Ask anyone but Payton, he had said.
Fine. Great. That officially released her of any obligation to get involved.
Payton sighed again.
Pity.
For some reason, the sentiment felt less and less victorious with every moment that passed.
Payton sat at her desk.
And sat some more. Drumming her fingers.
Dum-de-dum-de-dum.
Oh, fuck it. Without a clue why, she got up and strode out of her office.
PAYTON KNOCKED ON Tyler’s door.
When he looked up from his desk and saw her standing there, Tyler looked more than a little surprised. Payton understood this. She could probably count on one hand the number of times she and Tyler had spoken. As J.D.’s best friend, he was de facto off-limits.
Taken aback though he was, Tyler smiled good-naturedly.
“Payton. Hi. Can I help you with something?”
Hmm. He actually seemed pleasant enough, Payton thought. Shame he had such poor taste in friends.
She leaned against the door. Totally blasé. “I just thought you might want to know that J.D. is in trouble. He’s stuck at the courthouse and can’t make it back for some deposition he’s supposed to be taking right now.”
She nonchalantly examined the tips of her fingernails. “Not that it’s any of my concern, but the deposition is for some important case he has with KPLM Consulting. I guess it’s a pretty important matter.”
She sighed unworriedly, picking at a cuticle. “He’ll probably get fired if he doesn’t find someone to take the dep in the next couple of minutes. Not that I care. I just so happened to catch a glance at the deposition notice on Kathy’s desk; it’s a 30(b)(6) deposition. Whatever.”
Not surprisingly, as J.D.’s best friend, Tyler was extremely flustered by this unexpected news.
“Um . . . okay. Wow. Let me think for a second.” He got up from his desk, walked around it, then went back. “I guess I should call Kathy. No, J.D.” He looked uncertainly over at Payton. “I should call J.D., right? See what he wants me to do?”
“I don’t think there’s time for that,” Payton told him. “Kathy said the attorney’s pitching a fit and ready to leave any minute.”
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