CHAPTER SEVEN
The conference room went dead quiet, and Mary hadn’t known she could feel worse, but she did. She was dumbfounded that John wanted to leave the firm and would bad-mouth them that way. Judy and Anne looked equally astonished. They had been utterly blindsided, and now reporters would run with the story that was new evidence against them, damaging their case. There could be no doubt that John had done it, because he looked guilt-stricken to Mary, and she should know because she was a guilt expert.
Bennie didn’t rant and rave, but merely folded her arms, still leaning against the door. “You need to explain this to us, right now,” she said, with controlled anger.
“I’m sorry.” John rose hastily, as if about to address the court, which in a way, he was, and Judge Rosato wasn’t having any.
“So that reporter’s question was true? You did make a statement that you ‘would never make partner here because you’re not a woman’?”
“Yes, that’s true.”
“Why didn’t you tell us this before the press conference?”
“I didn’t think it would come up,” John answered, defensively.
“You let us get blindsided. You let us walk into it.”
“How did I know the reporter would know?”
“People talk in this town. These reporters, they have sources, they cultivate them. That’s their job. How na?ve are you, Foxman?”
“I didn’t see it coming.”
“You didn’t see it coming?” Bennie’s temper flared, but she paused, composing herself. “Okay. Let’s begin at the beginning. I want you to tell the facts, and all of the facts, so that we don’t ever get surprised again. What gave rise to you making that comment?”
“So this is exactly what happened and why.” John licked his dry lips. “You know the antitrust matter, London Technologies. If you remember, when you got the case, you assigned the case to Anne and me, and we met with the clients, Jim and Sanjay. After the meeting, I asked you if I could be lead counsel because I’m an antitrust expert.”
Bennie didn’t bat an eye, and Mary wondered if she would ever be able to say that she was an expert in anything so easily. Except guilt, but that didn’t count.
“But you said no.” John swallowed visibly, his Adam’s apple almost getting caught on his cutaway collar. “You made Anne lead counsel. Just about then, you made Judy partner, and I saw the writing on the wall. I didn’t think you would promote me the way you do the others and I started to look around for another job.”
“Let me make one thing crystal clear.” Bennie glowered, but remained in control. “I made Anne lead counsel on London Technologies because she was senior to you, not because she was a woman.”
John frowned. “But I’ve tried more antitrust cases than she has. She hasn’t tried a single one.”
Anne was about to say something, but Bennie waved her into silence. Mary knew Anne would be seething and didn’t blame her. Anne was a superstar lawyer, slated to become the next partner at the firm. She’d earned it through talent and hard work, but she had lived a life of people underestimating her brains because of her looks, which were so gorgeous that she’d put herself through law school working as a catalog model. Still she’d become a great girlfriend to Mary and Judy, who had come to realize that hating on pretty girls was just plain mean.
Bennie continued, “That’s not the point, Foxman, and it’s not your decision. It’s my client, and I make the decision. In addition, after we had our initial meeting with Jim and Sanjay, it was clear to me that they liked Anne. In fact, they told me as much, afterward.”
“Only because of her looks,” John shot back. “They were crushing on her, it was obvious.”
Anne’s mouth dropped open. “How dare you!”
John put up his hands, defensively. “Anne, I’m not saying that you intentionally used your looks, I’m saying that’s part of your appeal. You know that, everybody knows it. You’re hot. It helps. Appearances matter. That’s why you bought those clothes. Not everything is merit-based, even in business, and when you got the case instead of me, I didn’t think it was merit-based.”
“It was, John!” Anne shot back, angering.
Bennie interjected, “Murphy, don’t start—”
Anne ignored Bennie, rising. “John, are you frigging kidding me? It doesn’t matter if I tried an antitrust case. How many people have? They’re massive and they almost never try! London Technologies isn’t going to try either—”
“Murphy, let me deal.” Bennie waved to get Anne’s attention, but Mary knew it wouldn’t help. Anne was a redhead, which is a blonde with poor impulse control.
“—and I can read the substantive law as well as you, because that’s what any lawyer does in every case, and you may act like you’re the ‘brain behind the case’ but believe it or not, I’m a real live lawyer, not Lawyer Barbie—”
“Murphy, let me—”
“—and as for Jim and Sanjay, maybe in the beginning they liked my looks, but I ignored that and they got over it. That happens all the time, and I deal with it, on my own, because nobody feels sorry for the pretty girl. Now Jim and Sanjay respect me for my work, and it’s really sad that you don’t! And while we’re on the subject—”
“Murphy, let—”
“—John, I tell you, your problem is that you don’t like taking orders from women! You don’t like it when I tell you what to do, even though I am lead counsel. You resist me. You don’t listen. You come back at me, telling me that we don’t need whatever I want. For example, in London Tech, when I didn’t want to hire McManus, I told you to start over and get us a permanent associate. Instead, you ignored me and got a contract lawyer. If I were a man, you’d respect me. You’d do what I say when I say it, no question—”
“Murphy—”
“—and I don’t even think you like it that the partners in this firm are female! You’re the sexist, not us, and anyway, whatever you think, you have a helluva nerve bad-mouthing us around town! A helluva nerve!”
“Murphy, enough!” Bennie opened the conference-room door. “You made your point, but I think you should go. Anything we say is discoverable, and you don’t need to be part of it. Thank you very much.”
“Fine, I get it.” Anne stalked toward the door, her glossy hair flying. “I’m out!”
Mary felt terrible, seeing Anne and John at odds, choosing opposite sides. She used to think that John liked it here, but she had been wrong. They had never turned on each other before, and it had always been Rosato & DiNunzio against the world. The fight forced her to accept the reality that their happy little law firm might be a thing of the past.
Bennie closed the door and returned her attention to John. “Let’s get back to the facts. I’d like to know which statements you made with regard to your feelings that we discriminated against you.”
John winced. “I didn’t say that, and really, I don’t even think that.”
“But you said something like it?”
“Yes.”
“What did you say exactly?” Bennie shot back, in cross-examination mode.
“I don’t know, just, basically what the reporter said, that ‘I don’t think I’ll make partner at Rosato because I’m not a woman.’” John grimaced. “But really I don’t think that you discriminate per se.”
Bennie’s eyes flared. “That’s the definition of discrimination per se.”
“But I don’t really think it, not really, I just said it, I should have thought before I spoke, I didn’t know—”
“Enough.” Bennie cut him off with a hand chop. “To whom did you say that?”
“The firms that interviewed me.”
“Who? How many firms?”
John hesitated. “I have to think about that.”
“Were there that many?”
“No, I just have to think. I don’t remember them off the top of my head.”
Listening, Mary felt a wave of sadness. She hated seeing John on the spot and she hated what he was saying. She glanced at Judy, who was biting her lip, her head tilted down. Mary knew she would be feeling responsible, since she was closest to him.