Practice Makes Perfect
Page 34

“I’m not sure I understand your position, Ms. Kemple,” Payton was saying. “Maybe you can help me understand what it is you believe the company did wrong.”
J.D. watched as Payton positioned herself between the jury and the witness, a trial lawyer’s trick to get the jurors’ attention during cross-examination.
“Earlier we established that you reported the incident involving your former manager on June fourteenth of last year, correct?” Payton asked.
“That’s correct,” Ms. Kemple answered.
“And the director of Human Resources responded to your complaint that very same day, didn’t she?”
“Yes.”
“As part of that response, the company immediately fired your former manager, also that same day, didn’t they?”
The witness nodded. “That’s correct.”
“And, in fact, yesterday at trial was the first time you had seen him since the incident in his car, correct?”
Again the witness nodded. “Yes.”
“So it’s fair to say then, Ms. Kemple, that you never again had any problems with your former manager after that one incident?” Payton asked.
The witness appeared more reluctant to answer this question. “I guess that’s fair to say,” she finally agreed.
Appearing satisfied with this answer, Payton walked over to the defense attorney’s table. Having been drawn into the testimony, J.D. noticed for the first time that a junior associate from their firm—what the hell was his name, Brandon, Brendan, something like that—sat at the table. Perhaps, J.D. mused, he could slip Brandon/Brendan a note to give to Payton.
J.D.’s eyes were drawn back to Payton as she casually leaned against the table facing the witness.
“Ms. Kemple, am I also correct that, after your manager was fired, the director of Human Resources came out to your office and conducted a full-day sexual harassment refresher seminar that was mandatory for all employees?”
The witness tried to hedge here. “I’m not sure it was a full day . . .”
“Well, how long was the seminar?” Payton asked.
Ms. Kemple thought for a moment. “I guess it was about seven or eight hours.”
“Wouldn’t you describe seven or eight hours as a full day?”
“I suppose so.”
With this admission, Payton held up her hands. “So? Why are we here, Ms. Kemple?”
The witness stared at her, confused. “Excuse me?”
“To be blunt, you’ve sued the company for two million dollars. What exactly is it that you think they did wrong in handling your complaint?”
J.D. watched Payton as she continued her cross-examination. Because they had worked in the same group for the last eight years, he had heard plenty about her numerous trial victories. But this was the first chance he’d gotten to observe her firsthand.
She was good. Right away, J.D. saw how relaxed and comfortable she was in the courtroom. Yet always professional. It was obvious that the jury liked her, and more important, they trusted her—he could tell from the way they listened attentively, how some of them even nodded along with her questions.
“Well, I think there’s a few things the company could’ve done differently . . .” the witness was saying in a defensive tone.
“Like what?” Payton asked. “You don’t disagree that the company handled the matter promptly, do you?”
As Payton asked this question, she folded her arms across her chest and casually leaned back against the table—on one foot, her left foot—for support.
J.D. drew in his breath. Oh, shit.
“I suppose they handled the matter promptly enough,” the witness conceded.
“And you would have to agree that they handled the matter effectively, wouldn’t you, seeing how you never again saw your ex-manager, let alone had a problem with him?”
Still leaning against the table, Payton crossed her right ankle over her left, so that all her weight now bore down on her left heel.
J.D. cringed. Crap, crap, this was going to be bad. He couldn’t watch. But yet he had to. Should he do something? Maybe he could—
But right then, Payton eased onto the table—taking the weight off her shoe—as the witness answered.
“Yes, I suppose you could say that the way the company chose to respond to my manager’s harassment was effective enough.”
J.D. exhaled in relief. Close call. But he had better get that note to Brandon/Brendan now, while he still had the chance. He glanced over. A few other latecomers had sat down at the end of his row. He would have to sneak past them to get out.
Meanwhile Payton, sitting on the table, gracefully crossed one leg over the other, continuing her cross-examination.
“And when the director of Human Resources interviewed you a week after the incident, didn’t you, in fact, tell her that you were pleased with the company’s response to your complaint?” she asked.
“No, I don’t think that’s what I said,” Ms. Kemple quickly replied.
Payton seemed surprised by this answer, but remained unflustered. “Really? Do you remember when we spoke earlier at your deposition, Ms. Kemple, where you said . . .”
J.D. watched as Payton searched through the files on her table and quickly found the deposition transcript she was looking for. Payton grabbed the transcript—
“Here, Ms. Kemple, let me read to you a portion of your—”
—and before J.D. realized what was happening, Payton did sort of a half leap off the table to approach the witness stand and when she came down on her feet there was a loud crack! that sounded throughout the courtroom and holy shit suddenly Payton stumbled wildly off balance, her arms flailing, and she—