“It goes without saying that you’re both aware the firm makes its partnership decisions at the end of this month,” Ben said.
“The Partnership Committee’s policy has always been that no one is supposed to leak early information about its decisions. But, in light of your stellar performance in landing the Gibson’s case—and, in fact, the stellar work you’ve both done throughout your careers here—I think you’ve earned the right to a little advance notice. I know how eagerly you both have awaited this.”
Payton’s heart began to race. Holy shit—this really was it.
Ben cleared his throat. “Which is why what I’m about to say is going to come as a surprise.”
Payton blinked. Surprise? That wasn’t the word she wanted to hear right then.
“You both are aware of the EEOC’s age discrimination lawsuit against Gray and Dallas,” Ben said, referring to another of the top law firms in the city. “And as you know, one of the claims in that lawsuit is that the firm chases out older partners in favor of younger ones.”
Ben looked to Payton for help. “You’re an employment lawyer. You know how closely all the other firms in this city have been watching that case. Including us.”
Payton answered him cautiously. “I’m familiar with the case, Ben. What I’m trying to figure out is how it has anything to do with me and J.D.”
Ben chose his next words carefully. “The Partnership Committee has decided that we need to strategically leverage ourselves in order to avoid similar intrusions from the EEOC. We simply can’t afford to have too many partners under the age of forty. Now, we obviously aren’t going to take away the shares of anyone who already is a partner . . . so instead there will be cutbacks in the number of associates made partner this year.”
J.D.’s jaw was set tensely. “You still haven’t answered Payton’s question. What does this have to do with us?”
Ben paused to look at each of them. “We’ve decided to name only one litigation partner this year. Only one of you will make it.”
It was as if all the air had been sucked out of the room.
Only one of them.
Her or him.
Payton finally spoke. “Is this a joke?”
Ben shook his head. “I’m afraid not. You two are lucky you’re hearing this from me now.” He pointed to himself as if expecting gratitude. “I insisted on that. I wanted to give the one of you who won’t make it at least some warning.”
“The decision hasn’t been made yet?” J.D. asked, his tone incredulous.
Ben—the cocky bastard—actually had the audacity to laugh. He held his hands out before him. “What can I say? You’re both just so good. You have no idea how hard this is on us.”
Hard on you? Payton nearly leapt out of her chair and strangled him.
J.D. appeared no less furious. He stared Ben down coldly. “This is bullshit. Just last week you were practically promising that Payton and I were both locks.”
Ben shrugged this off, far too dismissively in Payton’s mind. After all, this was only her life—and J.D.’s—that they were talking about.
“So I embellished a bit . . .” Ben conceded with a self-satisfied grin. “We’re lawyers, that’s what we do.”
“How convenient that you tell us this after we land the Gibson’s case,” Payton said. “You used us, Ben.”
Ben held up a finger, point of fact. “Technically, I only used one of you. Because one of you is still going to make partner, and that person will lead the Gibson’s trial team as promised. As for the other of you, well . . .” he trailed off pointedly.
Payton didn’t need Ben to finish. She, like every other lawyer there, knew about the firm’s unwritten “up or out” policy. Associates who did not make partner were quickly transitioned off their cases and given a short grace period to “voluntarily” resign and find another job.
“I know this news probably comes as a shock to you both,” Ben said. “And it is extremely unfortunate that circumstances have caused things to end this way, but that is the Partnership Committee’s decision. I want to emphasize, however, that the choice between the two of you has not yet been made. It’s going to come right down to the wire. So for what it’s worth, I urge each of you to give it all you’ve got for these remaining couple of weeks.”
Payton resisted the urge to laugh bitterly at that. Give it all she’s got? What more