
This interview was conducted by Julie Hilden,
a journalist and First Amendment lawyer. It originally appeared
on the website Findlaw.com.
How
did you come to write Equivocal Death?
I'd
always fantasized about writing a novel. I just didn't know
what it would be about. It wasn't until I found myself working
as an attorney at a large New York law firm that I got the
glimmer of an idea for a book. Watching my colleagues — brilliant,
vital people with diverse interests, most in their mid-twenties
— I found myself wondering why are we doing this? Privileged
as we were, why had we settled for work that was forcing us
to suppress the very things that made us unique? That question
became the seed for Equivocal Death. I've always had a thing
for stories that start out in a deceptively perfect world
that turns out to have an incredibly dark underpinning. Equivocal
Death is that kind of book. In many ways, it's a classic thriller,
but it's also a coming of age story. My protagonist, Kate
Paine, has tried to play it safe, to follow a conventional
route to success that has very little to do with who she really
is. The book is about the cost of this decision and how Kate
comes to find a more authentic way of life.
There's
a wonderful, witty moment in the book when Kate — after dealing
with murder at Samson & Mills — comes across an old clipping
in which partner Carter Mills explains "This is an extreme
environment. It's not for everyone." At the time, he is simply
referring to billable hours and partners who are "screamers"
and stapler-throwers, but in retrospect his words seem to
have a much darker meaning. To what extent does Equivocal
Death, in your view, simply exaggerate features that are already
implicit in law firm life?
Large
law firms are extreme environments, and that's what I set
out to capture. To a large extent, I use murder as a metaphor.
The phrase "equivocal death" has a dual meaning: It's a term
of art used by homicide investigators to describe an ambiguous
crime scene — when it's unclear whether a homicide or suicide
has occurred. But it also speaks to the experience of many
of the people who work at Samson & Mills. Are they really
alive? Is this sort of existence really a life? I think many
lawyers ask themselves these questions.
Equivocal
Death is very observant about the daily details of law-firm
life, for women in particular — whether it's the unspoken
pressure to cut one's hair into the regulation chin-length
bob, the obligatory Tahari suits, or the more serious issue
of whether a woman associate relates to a male partner as
a father figure or in a sexually charged way. Kate's college
roommate Tara — with her long, curly hair, her bohemian outfits
— seems to provide the voice of reason, even urging Kate to
date outside the firm rather than becoming a sort of law firm
nun. Yet do you think a woman like Kate, who made the choice
to go to a law firm, also has something to teach a woman like
Tara — and if so, what?
In
a way, Kate and Tara can be seen as parts of one person. Early
in the book, Kate defends her job saying that it helps her
structure her time. Tara responds that slavery helped structure
time, too, but that hardly justified it. When I was practicing
law, I'd lie awake and have these sorts of internal dialogues
with myself. Kate has experienced a lot of loss–her parents'
divorce, her mother's death, her boyfriend's desertion. She's
far more challenged than Tara is. She's doing the best she
can with what she has to work with. Like everyone, she's a
work in progress. At times, Tara can't quite see this. She's
frustrated with Kate–wants her simply to arrive at an end
point without going through the process of getting there.
Tara could use a little compassion. Just as Kate needs to
develop compassion for herself.
Cravath,
Swaine and Moore, where you once worked as an associates,
is definitely on the minds of the characters in Equivocal
Death — both as another high-profile, workaholic firm, and
another firm that suffered a partner's murder. To what extent
does Equivocal Death draw on your own time at Cravath — and
on that firm's experience of dealing with a partner's murder?
Cravath
is the only large law firm where I've worked, and I certainly
drew on what I'd experienced there. More generally, though
I was interested in the institution of the large law firm.
Some of the stories that appear in Equivocal Death–the stapler-throwing
partner, the associate who drops dead during a conference
call–are actual stories I've heard from lawyer friends at
various firms. They're sort of like urban myths. Are they
true? I don't know. But the fact that they're told over and
over says something about how young lawyers experience their
lives in these places. The stories capture the zeitgeist of
the experience, if not the objective reality. That's pretty
much what I set out to do as well. The actual events and people
portrayed in Equivocal Death are entirely fictitious. I was
actually still in law school when Cravath partner David Schwartz
was murdered, though, like most of my classmates, I devoured
James Stewart's New Yorker article about the case.
Your
acknowledgments are unusual in that you thank someone whom
you never met, but who still had a large influence on you
— Jonathan Larson, the author of the musical Rent. You mention
that you read Larson's journals in the course of doing legal
work for his estate, and that the journals inspired you to
pursue writing. What, specifically, about Larson's journals
convinced you?
Jonathan
Larson really lived on the edge financially. Yet he had absolutely
no doubt that he was doing the right thing. Reading his journals
pushed me to reconsider my own concerns about security. I'd
had a lot of doubts about whether I could afford to take time
off from practicing law to try to write a book. At a very
practical level, he helped me to see that I could. Also, as
I worked on the Rent case, there was this constant awareness
of how fragile and uncertain life is. Jonathan was this brilliant,
healthy young guy and then suddenly, without warning, he was
dead. Being confronted with that so clearly made me more determined
to seize the moment. No day but today. That's a line from
a song in Rent, and it pretty much sums up my thoughts.
The
sexual harassment plot of Equivocal Death takes place on two
levels — Kate is assigned to work on a sexual harassment case,
defending an executive at a somewhat Maxim-like men's magazine,
and yet she and the partner she works for, Madeleine Waters,
also face sexual harassment at their own firm, Samson & Mills.
Why did you choose this bi-level structure?
That's
a great question. I guess one of the things I wanted to explore
is the–perhaps inevitable–collision between human experience
and legal theory. Kate finds herself defending a total scumbag.
At the same time, she's intrigued by the case—by the glamorous
high-profile players, by the intellectual challenge of the
issues. At this level, it's all incredibly seductive. To avoid
facing the underlying moral questions, Kate adopts a sort
of detachment. She convinces herself, at least for a time,
that this case has nothing to do with her. In the end, though,
she can't keep up the separation. Her sense that she's somehow
protected turns out to be an illusion. And that's a central
part of the book–Kate's ultimate realization that she's not
invulnerable. With Madeleine Waters, I was looking at a somewhat
different issue: At the very murky question of what constitutes
— or what should constitute–sexual harassment. At the far
end of the spectrum is rape. What happened to Madeleine is
at the other extreme–in fact, does not even fall within the
legal definition of sexual harassment. As a young woman, Madeleine
freely chose to have an affair with a powerful law firm partner.
Her career didn't suffer. In fact, there's even some indication
that she may have benefited from the relationship–that her
election to the Samson & Mills partnership may have owed something
to this affair. The problem is she'll never know if she could
have succeeded on her own. As the years go by, this doubt
becomes corrosive. And the question is, what do we do, if
anything, about the fact that such things happen? I don't
know the answer. I think it's a difficult question.
Another
clever echoing in the book occurs when two characters separately
consult legal treatises as a guide for their own lives. One
is a woman who is wondering whether she suffered a legal rape;
another is a murderer who questions whether he fits the legal
definition of sanity. What were you trying to convey in having
these characters bizarrely seek the answers to their real-life
problems in law books, while finding some comfort there?
I
think one of the reasons many of us are drawn to study law
is that we hunger for rationality, for an ordering principle
that will somehow fend off chaos. The more confusing the other
parts of our lives, the more we cling to it. That's certainly
the case with these characters. There's a sort of childlike
reassurance that comes from consulting a controlling authority.
Yet the chasm between life and law is often an incredibly
wide one. I was interested in that irony.
The
first time we meet the beautiful, powerful partner Madeleine
Waters, Kate thinks, "She seemed to embody a bright new world,
a place where power and femininity could coexist." This first
impression foreshadows a later disillusionment and when the
disillusionment comes, it's brutal. What are your own thoughts
on power, femininity, and law firm partnership?
The
eighties image of the female lawyer in a little bow tie and
high-necked shirt was pretty much gone by the time I arrived.
I was struck by the determination of many female associates
not to surrender their femaleness. There was a lot of talk
over lunch about fashion, make-up, haircuts. Certainly more
than I'd seen in law school. Maybe it's a little bit like
macrobiotic food — when you consume extreme yin foods like
sugar and alcohol, the theory is you need extreme yang, say
red meat, to balance it out. In the same sort of way, this
quasi-military law firm ethic almost seemed to fuel a certain
type of femininity. I think, too, there's an element of defiance
there: 'I can wear cool shoes and write briefs. I won't be
put in a box.'
Catharine
MacKinnon's book, Sexual Harassment of Working Women, has
a large role — indeed, almost a prophetic role — in Equivocal
Death. Kate is initially ignorant of the book, and repeats
the usual "all sex is rape" misapprehension people have of
MacKinnon's message: "[D]oesn't she say that sexual relations
between men and women are never consensual?" What do you think
of the book, and of MacKinnon? And do you know what MacKinnon
thinks of the book?
A
friend of mine— a law firm partner–who read a draft of Equivocal
Death laughed about how, as a young lawyer, she'd thought
Catharine MacKinnon was this wild-eyed extremist, while now
much of what MacKinnon says makes perfect sense. I haven't
read much of MacKinnon's writings other than Sexual Harassment
of Working Women, but I too was struck by how resonant the
ideas were. And I don't think I would have said that when
I was younger. For example, MacKinnon writes about a female
tendency to internalize male superiors' judgments, to adopt
them as components of one's own identity. I have a much greater
appreciation for how powerful these external judgments can
be than I did, say, when I graduated from college. I think
when you're first starting out, you're so hopeful. There's
a strong tendency to see the world as you want it to be instead
of how it is. Things are so much simpler that way. As for
MacKinnon's thoughts on the book, I had a bit of a scare after
contacting Yale University Press about using the quoted passages
from Sexual Harassment of Working Women. It was taking forever
to get a response, and I started to get worried. The book
was supposed to be going into galleys, and I still didn't
have the permissions. Finally, I got a call from Yale saying
that Professor MacKinnon had reviewed the pages at issue and
signed off. According to the person I spoke with, her actual
response was, "What a trip!" I got a kick out of that. It
would have made a great blurb, I think.
Using
the terminology of sexual harassment law, it seems fair to
say Samson & Mills (aptly abbreviated "S&M") is a "hostile
environment" for Kate — but how much of its hostility did
you see as being gender-related?
That's
hard to say. In some ways, it's not so much a gender issue
but a temperament issue. The firm is a hostile environment
for anyone who values qualities traditionally considered feminine:
Creativity, emotional depth, the desire for a balanced life.
Of course, there are definitely aspects of the firm that affect
women more than men. The most obvious is the sexual dynamic.
The vast majority of law firm partners are straight men. For
the most part, men just don't face the question of whether
their superiors are sexually attracted to them. Sex simply
plays no role. For women, the issue is much hazier. Even when
there's absolutely no harassment, the issue is still there.
Traditional men may still expect women to demonstrate traditional
"female" virtues–to be attractive, admiring and, to some extent,
submissive.
If
you could make law firms different for women, how would you
do so?
I
don't know that I can really answer that. Women are so different
from each other.
What
is your next project?
I'm working on another novel–also a thriller–that develops
many of the same themes I explored in Equivocal Death, though
from a somewhat different angle. It's too early for me to
say much more. But, please, stay tuned!
Back to top