Four weeks left. The firm’s partnership decisions would be announced at the end of the month. Truth be told, she was feeling fairly hopeful about her chances of making it. She had worked hard for this—long hours, never turning down work—and now she was in the homestretch. The finish line was finally in sight.

Payton felt her heartbeat begin to race as she gave in to the excitement for one teeny-tiny moment. Then, not wanting to get carried away just yet, she calmed herself and, as always, got busy with work.


A FEW MINUTES before 1:30, Payton gathered her notes and her summary trial file folder for her meeting with Ben. She wasn’t sure exactly what he wanted to meet about, but she guessed it had something to do with the trial she was about to start next week. As the head of the firm’s litigation department, Ben stayed on top of all cases going to trial, even those with which he wasn’t directly involved.

As was typical, Payton felt slightly on edge as she prepared for the meeting with her boss. She never knew what to expect with Ben. Despite the fact that he had never given her any indication that he was disappointed in her work—to the contrary, he consistently gave her the highest marks in her annual reviews—she felt that, at times, there was some sort of awkward undercurrent to their interactions. She couldn’t quite put her finger on it, she just got a weird vibe now and then. He ran hot and cold with her; sometimes he was fine, other times he seemed a bit . . . stiff. Stilted. At first she had assumed this was just part of his personality, but on other occasions she had seen him joking easily with other associates. Interestingly, all male associates. She had begun to suspect that Ben—while never blatantly unprofessional—had a more difficult time getting along with women. It certainly wasn’t an unlikely conclusion to draw. Law firms could be old-fashioned at times and unfortunately, female attorneys still had a bit of an “old boy network” to contend with.

Nevertheless, because Ben was the head of her group—and thus a key player in the decision whether to make her a partner—Payton resolved to keep trying to establish a more congenial rapport between them. After all, she liked to think she was a relatively easygoing person. With one exception (and who really counted him, anyway?) she prided herself on getting along well with pretty much everyone she worked with.

Payton grabbed a pen and a legal pad, stuffed them in the file folder she carried, and headed out her office door. Irma’s desk was right outside her office, and she turned to let her secretary know she was leaving. In doing so, she nearly ran right into someone coming down the hallway from the other direction.

“Oh, sorry!” Payton exclaimed, scooting aside to avoid a collision. She looked up apologetically and—

—saw J.D.

Her expression changed to one of annoyance. She sighed. She had been having such a nice day until now.

Then Payton realized: oops—they had an audience. With a glance in Irma’s direction, she quickly adopted her most charmingly fake smile.

“Well, hello, J.D. How have you been?” she asked.

J.D. also cast an eye in the direction of the secretaries working nearby. As well practiced in this ruse as Payton, he matched her amiable expression with one of his own.

“My, how nice of you to ask, Payton,” he gushed ever so warmly as he gazed down at her. “I’m well, thank you. And yourself?”

As always, Payton found herself annoyed by how damn tall J.D. was. She hated being in a position of—literally—having to look up to him. She had no doubt that J.D., on the other hand, quite enjoyed this.

“Fine, thank you,” Payton told him. “I’m heading to Ben’s office.” She managed to maintain her pleasant grin. Meryl Streep may have her Oscars, but she could learn a thing or two from Payton. Best Pretense of Liking One’s Assholic Coworker.

J.D.’s eyes narrowed slightly at Payton’s reply, but he too kept up the charade. “What a nice surprise—I’m headed to Ben’s office myself,” he said as if this was the best thing he’d heard all morning. Then he gestured gallantly to Payton—after you.

With a nod, she turned and headed down the back hallway to Ben’s corner office. J.D. strode easily alongside her; Payton had to take two steps for every one of his to keep up. Not that she let him see that.

After walking together in silence for a few moments, J.D. glanced around for witnesses. Seeing they were safely out of earshot, he folded his arms across his chest with what Payton had come to think of as the trademark J.D. Air of Superiority.

“So I saw your name in the Chicago Lawyer,” he led in.

Payton smiled, knowing he surely had a thing or two to say about that. She was pleased he’d seen the article the magazine had run in this month’s edition. She had been tempted to send him a copy in yesterday’s interoffice mail, but thought it would be better if he discovered it on his own.

“ ‘Forty to Watch Under 40,’ ” she said, referencing the article’s title and proud of her inclusion in its distinction.

“ ‘Forty Women to Watch Under 40,’ ” J.D. emphasized. “Tell me, Payton—is there a reason your gender finds it necessary to be so separatist? Afraid of a little competition from the opposite sex, perhaps?”

Payton tried not to laugh as she tossed her hair back over her shoulders. Hardly.

“If my gender hesitates to compete with yours, J.D., it’s only because we’re afraid to lower ourselves to your level,” she replied sweetly.

They arrived at the doorway to Ben’s office. J.D. leaned against the door casually and folded his arms across his chest. After eight years, Payton recognized this gesture well—it meant he was about to begin another one of his condescending lectures. She gave it 95 percent odds that he’d begin with one of his pompously rhetorical questions that he had absolutely no intention of letting her answer.

“Let me ask you this . . .” he began.

Bingo.

“. . . how do you think it would go over if the magazine ran an article called ‘Forty Men to Watch Under 40’?” He took the liberty of answering for her. “You and your little feminista friends would call that discrimination. But then isn’t that, per se, discrimination? Shouldn’t we men be entitled to our lists, too?”

J.D. held the door open for her and gestured for her to enter. As she passed by him, Payton noted that Ben wasn’t in his office yet, so she took a seat in front of his desk. As J.D. sat in the chair next to her, she turned to him, coolly unperturbed.

“I find it very interesting when a man, a graduate of Princeton University and Harvard Law School, sitting next to me in an Armani suit, has the nerve somehow to claim that he is the victim of discrimination.”

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.