Practice Makes Perfect

Payton rolled her eyes. Some lawyers could be such ass**les. Luckily for her, this particular ass**le 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.

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, f**k 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."

"Okay—I'll stall them," Tyler decided.

Payton sighed in frustration. Did she have to spell it out for him?

"Tyler. You have to take this deposition. Now."

He stared at her blankly for a moment, then nodded. "Of course, right. Sure. You said it was a 30(b)(6) deposition?"

"Yes."

Tyler nodded again, then hurried over and pulled his copy of the Federal Rules of Civil Procedure off his shelf. "Um, 30(b)(6) . . . let's see . . ." He flipped through the pages. "Okay—here it is."

Payton stared at him, appalled. "Good god, boy—have you never taken a 30(b)(6) deposition?"

Tyler paused his skimming to peer up at her. "Wow, you just sounded exactly like J.D. right then."

Payton scowled. As if.

Seeing her expression, Tyler answered quickly. "I think I may have sat in on a 30(b)(6) dep when I was a summer associate." He looked at her questioningly. "Is that the one where you designate someone to testify as an agent of the corporation?"

Payton rolled her eyes. Were they teaching these kids nothing nowadays?

"Tyler—this is kind of a big deal," she said. "These 30(b)(6) depositions can be tricky. The witnesses are usually very well prepared, since everything they say can be held against the company."

Tyler looked her over. "So you've done this before?"

Payton snorted. Was the Pope German? "Uh . . . yes."

"So, you could take this dep?"

"Like a champ. But." She gave Tyler a pointed look. He stared back at her with those little I'm-just-a-sixth-year-associate lost eyes.

Payton spoke cautiously. "You are aware of the situation between J.D. and myself, are you not?"

"I am aware of it, yes."

So he knew what he was asking of her, Payton thought. She continued to stare at Tyler.

He never blinked once.

After a moment, Payton spoke.

"He wouldn't do it for me."

Tyler cocked his head, interested. "Is that what matters to you?"

Payton flung her hair back, deciding to ignore that question. "Fine," she told Tyler through gritted teeth. "I'll do it."

She held up a finger. "But you are going to help me. Go upstairs and tell the lawyer and his client that we apologize for the delay, but that everything has been straightened out and the deposition will begin in five minutes. Introduce yourself, and in turn, make sure you get the lawyer's name. Then come back here and run a quick search in Martindale-Hubbell and on LexisNexis—find any noteworthy cases he's handled, major clients, et cetera. I won't have time to review everything before the deposition starts, but I'll call you during our first break and you can give me the highlights. Okay?"

Tyler nodded affirmatively. "Got it."

With that, Payton left his office and headed down the hall to talk to J.D.'s secretary.

"Kathy—I'll need whatever files J.D. has for this deposition," she said as soon as she got to his secretary's desk. "Do you know if he prepares outlines for his deps? If you can't find a copy in the files, run a search on his computer."

Kathy flew out of her chair, extremely relieved. "Does this mean you can cover the deposition? Oh, thank goodness, Payton. I'll get you that stuff right away. Yes, J.D. does prepare outlines for his deps, and I know right where I can find it . . ."

As Kathy hurried off, Payton headed to her own office. Irma glanced up curiously as she passed by.

"Change of heart?" she asked. "What happened to Tyler?"

"Never send a boy to do a woman's job, Irma."

Payton winked at her secretary, then disappeared into her office to get her game face on.

ALL THINGS CONSIDERED, the deposition went pretty damn well. Payton attributed this to the fact that she had seriously mad skills as a lawyer.

And maybe just the teensiest bit to the fact that J.D. had prepared a very thorough deposition outline that set forth virtually every question she needed to ask.