“Then I’ll explain,” Roger answered calmly. “To answerquickly is to react to Machiavelli. When you react to Machiavelli, you give him the initiative by your actions. Under the rules, you have ample time to answer. You respond to the rules, not to Machiavelli. Do you see the difference?”
“Fine,” Bennie answered.
“After the Complaint is answered, the Pennsylvania Human Relations Commission begins its investigation. As you may know, you’ll be deposed and there will be additional discovery. The focus will be the decisions you made not to hire the plaintiffs, as well as anecdotal or statistical evidence of gender bias in favor of women at your firm.”
“How long do you think that takes? Six months to a year?”
“Yes, and after a year, the plaintiffs can go to file suit in court. Before that, as you know, the Commission will pressure you to settle.”
“We’ll never settle.” Bennie folded her arms, and Mary realized they hadn’t even discussed the possibility of settlement. Still, she felt the same way and suspected that Judy did too.
Roger frowned slightly. “I would advise you to keep an open mind about settlement.”
“No, absolutely not. It would be an admission. I know you’re going to say it’s not, but it is, in reality.”
“Nevertheless. Settling this dispute without prolonged litigation benefits you and the firm.” Roger blinked. “Time is also a factor. The fact that they have a year to investigate prolongs the damage to your reputation, given that they’re off to a fast start. Reports of the allegations are already popping up online.”
Bennie grimaced. “That’s why I wanted to meet right away. I also think we should hold a press conference today at the firm. We need to take our case to the media, too. I texted our associate Anne Murphy to set it up for two o’clock this afternoon.”
“Good, go ahead even though you’re not represented yet. Infact, it plays better. Their complaint is colorable, given the admission by your associate John Foxman, and he is the only male lawyer employed by you.”
“It’s not intentional.” Bennie flushed, defensive.
“I’m sure it isn’t. But the optics are poor and the numbers cut against you. In addition, your firm had its genesis as an all-female law firm. You have made many comments to that effect. It’s not an illogical conclusion to think that what you manifested, you intended. The plaintiffs’ position has a commonsense appeal.”
Judy cringed, and Mary was feeling more worried. They needed Roger to take their case, and fast.
Bennie pursed her lips. “Don’t tell me you think they can win, Roger.”
“On the contrary, I do.”
“The hell they will. We’ll fight them tooth and nail. Tooth and nail!”
Roger blinked. “I’m sure that whichever lawyer you go to will be thrilled with the representation. You know everyone and you’ll have your pick.”
“Roger, seriously?” Bennie raised her voice. “You can’t be turning me away. We’ve known each other forever.”
“That’s why another lawyer will do better for you than I would.”
“Why? This case couldnotbe more important to me!”
“That’s why.” Roger leaned back in his chair, spreading his elegant hands in appeal. “You’re facing an existential threat to your law firm. For you, it’s your reason for being. Your baby, your way of life. Your emotions are at an all-time high.”
“Of course they are! What else would you expect?”
“Nothing else.” Roger turned to Judy and Mary. “I don’t know either of you, but I’m sure as partners, you share her concerns, temperament, even energies. Yes?”
“Yes, we do,” Judy answered, and Mary let it go. She didn’t know whose energies she shared. Lately she didn’t have any energy.
“Thought so.” Roger nodded. “I operate very differently from you three.”
“Oh come on!” Bennie scoffed. “Don’t be such a control freak! We’re all litigators, for God’s sake!”
“True, but we litigate in our own way.” Roger paused. “Ours is a Darwinian profession. Litigators are strong. We self-select. Only the toughest survive, so there’s lots of toughness. Talk of force. Force meeting force. Conflict. Clashes. Battle imagery. War. Fighting. Like this.” Roger smacked his hands together, a harsh sound echoing in the still, quiet office. “In addition, our justice system is adversarial. There’s two teams, two sides. They fight, and one wins.”
“So?” Bennie shot back, and Judy looked over, surprised at the crankiness in her tone. Mary was getting cranky herself, since evidently, Roger spoke haiku.
“I’m strong, but there are different forms of strength. I don’t fight. I don’t use force. I assert my position but I remain flexible. My associates are strong, too. But we’re strong in a different way. I’m not sure the Vitez firm and the Rosato firm are well-suited.”
