J.D. opened his mouth to jump in, but Payton cut him off with a finger. Index, not middle. She was a lady after all.
“Notwithstanding that fact,” she continued, “I submit that you men do have your so-called ‘lists.’ Several at this firm, in fact. They’re called the Executive Committee, the Management Committee, the Compensation Committee, the firm’s golfing club, the intramural basketball team—”
“You want to be on the basketball team?” J.D. interrupted, his blue eyes crinkling in amusement at this.
“It’s illustrative,” Payton said, sitting back in her chair defensively.
“What’s illustrative?”
Payton sat upright at the sound of the voice. She glanced over as Ben Gould, head litigation partner, strode confidently into his office and took a seat at his desk. He fixed Payton with a curious gaze of his dark, probing eyes. She shifted in her chair, trying not to feel as though she was already under interrogation.
J.D. answered Ben before Payton had a chance. “Oh, it’s nothing,” he said with a dismissive wave. “Payton and I were just discussing the Supreme Court’s recent decision in Ledder v. Arkansas, and how the opinion is illustrative of the Court’s continuing reluctance to embroil itself in state’s rights.”
Payton glanced at J.D. out of the corner of her eye.
Smart-ass.
Although admittedly, that wasn’t too shabby a bit of quick thinking.
The jerk.
Ben laughed at them as he quickly glanced at the messages his secretary had left on his desk. “You two—you never stop.”
Payton fought the urge to roll her eyes. He really had no idea.
J.D. seized on Ben’s momentary distraction to lean forward in his chair. He held the lapel of his suit out to Payton and whispered. “And by the way, it’s not Armani. It’s Zegna.” He winked at her.
Payton glared, tempted to tell him exactly where he could stick that Zegna suit.
“Sorry to call you both down here on such short notice,” Ben said. “But as you both may be aware, Gibson’s Drug Stores chain has just been hit with a class action gender discrimination lawsuit.”
Payton had indeed heard about the lawsuit—yesterday’s filing of the complaint in a federal court in Florida had made all the national papers and had even been discussed on MSNBC and CNN.
“The complaint was filed yesterday, assigned to Judge Meyers of the Southern District of Florida,” she said, eager to let Ben know she was on top of things.
“The claims were filed under Title VII—one-point-eight million female employees of the company allege they were discriminated against in hiring, pay, and promotion,” J.D. added with a sideways glance in Payton’s direction. He, too, had done his homework.
Ben smiled at their eagerness. He leaned back, twirling his pen casually. “It’s the largest discrimination class action ever filed. That means big bucks to the law firm that defends Gibson’s.”
Payton saw the glint in Ben’s eye. “And who might that be?”
Ben laced his fingers together, drumming them against the back of his hands like a villain in a James Bond movie.
“Funny you should ask, Payton . . . The CEO of Gibson’s, Jasper Conroy, hasn’t decided yet which law firm will defend his company. He has, however, chosen three of the top firms in the country to meet with.”
J.D. grinned. “Let me take a wild stab in the dark here: our firm is one of those three.”
Ben nodded, proud as always that his group of litigators was continually ranked as being among the best in the world. “Nice guess. I got the call earlier this morning from Jasper Conroy himself.”
He pointed at J.D. and Payton. “And here’s where you two come in: Jasper was very clear about the type of trial team he’s looking for. He wants a fresher image to represent the face of his company, not a bunch of stodgy old men in suits, like me.” Ben chuckled, fully aware that at forty-nine years old he was actually quite young to be the head of litigation at such a prestigious firm. “Personally,” he continued, “I think Jasper is just trying to avoid paying partner rates.”
Like the good associates they were, Payton and J.D. laughed at the joke.
“Anyhoo . . .” Ben went on, “I told Jasper that this firm just so happens to have the perfect litigators for him. Two very experienced, very savvy senior associates. You two.”
Through her surprise, it took Payton a moment to process what Ben was saying. A large pit was growing in her stomach, because this conversation was headed in a very bad direction.
If someone made her swear an oath under cross-examination—better yet, if Jack Bauer himself subjected her to the full array of interrogation tactics at CTU’s disposal—Payton couldn’t have said exactly how her war with J.D. had started. Frankly, it had been going on for so long that it simply seemed to be the way things always were.
Without ever saying a word, however, she and J.D. had implicitly agreed to keep their mutual dislike to themselves. Both wanting more than anything to be successful at work, they understood that law firms were like kindergarten: it wasn’t good to get a “needs improvement” in “plays well with others.”
Luckily, it had been relatively easy to maintain their charade. Even though they were in the same group, it had been years since they had worked together on a case. There were a few reasons for this: First, as a general rule, cases in the litigation group were staffed with one partner, one senior associate, and one or two junior associates. As members of the same class, there was little reason for both Payton and J.D. to work on the same matter.
Second, and perhaps more important, the two of them had developed specialties in very different areas of the law. J.D. was a class action lawyer. He handled large multi-plaintiff, multi-district cases. Payton, on the other hand, specialized in employment law, particularly single-plaintiff race and gender discrimination lawsuits. Her cases were typically smaller in terms of damages at stake but higher profile in terms of the publicity they garnered.
Thus far—whether by fluke chance or luck—there had been very little overlap in the niche practice areas she and J.D. had carved out for themselves.
Apparently until now, that is.
Payton remained silent as Ben continued his pitch, trying to refrain from displaying the growing apprehension she felt. She snuck a quick peak at J.D. and saw him shift edgily in his chair. From what she could tell, he appeared just as displeased as she by this development.
“Combined, your skills are perfect for this case,” Ben was saying. “Jasper sounded very excited to meet you both.”
“This is wonderful news, Ben,” Payton said, trying not to choke on her words.
“Yes . . . wonderful.” J.D. looked as though he had just swallowed a bug. “What is it you need us to do?”
“Jasper and Gibson’s general counsel, and a few of their in-house attorneys, will all be coming to Chicago on Thursday,” Ben said. “I want you two to work together and I want you to bring them in,” he emphasized, tapping his finger on his desk. “Think you’re up to it?”
Payton and J.D. eyed each other carefully, both thinking the same thing. Could they really do this?
Knowing what was at stake, in mutual understanding of how the game was played, they turned to Ben.
“Absolutely,” they said in unison.
Ben smiled at them, the future of his firm. He leaned back in his chair, getting sentimental. Undoubtedly at the thought of the big bucks they would bring in.
“Ah . . . eight years,” he said affectionately. “For eight years I have watched you two grow up at this firm, into the great lawyers you are. I’m excited by this chance to see you work together—you’ll make quite a team. And it’s perfect timing, too, because soon you’ll both be p—”
He abruptly stopped speaking.
J.D. and Payton sat on the edge of their seats, nearly falling off their chairs as they hung on to Ben’s last word.
Apparently realizing he had said too much, Ben waved this off with a coy grin. “Well, one thing at a time. Right now, you guys have a pitch to prepare for.”
Seeing that Ben was finished discussing business, Payton stood to leave. But instead of following her, J.D. remained seated. Payton paused awkwardly.
“Is there something else we need to talk about, Ben?” she asked.
Ben shook his head. “No, that’ll be all, Payton. I have something else I want to discuss with J.D., something that doesn’t concern you.” He gave her a curt nod of dismissal. There it was—he’d been friendly enough just moments ago, but now he was back to being all business.
With a nod of her own, Payton left Ben’s office. As she turned into the hallway, she overheard him talking to J.D.
“So, Jameson,” she heard Ben say jovially, “the rumor is that you were playing at Butler this weekend. What are you shooting these days, anyway?”
As Payton walked back to her office, she tried not to let it bother her, the fact that J.D. always had an easier time connecting with their boss on a personal level. To date, her attempts to establish a similar relationship with Ben had been largely unsuccessful. Movies? He didn’t watch ’em. Television? He had once asked her if Seinfeld was “that chubby paralegal always hanging around the vending machines.” When Payton had laughed at this, thinking he was joking, she’d been greeted with a blank stare and had immediately fallen silent. From that point, she had vowed that until she could wax poetic on whether trading So-and-So for What’s-His-Face was a smart move by Team Who-the-Hell-Cares, it was probably best to keep the nonlegal chitchat with Ben to a minimum.
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