The Good Wife (2009–2016): Season 5, Episode 3 - A Precious Commodity - full transcript

While Alicia defends a surrogate mother being forced to abort a baby, she also unwittingly gets thrust into the middle of a struggle by Will to get Diane removed from the firm.

NARRATOR:
Previously on The Good Wife:
Ripped By mstoll

ELl:
We should replace her.

I can't fire someone
because they're too pretty.

Then don't. Promote her.

- Move her laterally.
- I'm in.

- With Agos/Florrick.
- Florrick/Agos.

Look, we can't keep skulking around.

We have to cut the cord
at some point.

People wanna wait for bonuses.

- An interview? On what subject?
- There will be questions about Will.

Peter really needs you to get
the chief justice on your side.



So I trash Will or I'm not nominated?

[DOOR OPENS]

My life is taken up
with client maintenance these days.

Why is everybody so unhappy?

Ahem. I gave an interview
to the Law Advocate just now.

- I talked about you.
- Okay.

They asked about your suspension.

No, I talked about your suspension.

- What did you say?
- That we were lucky.

We thought you were going
to be disbarred.

I talked about the money.

The $45,000 that you took.

How we agreed that it was wrong.

Why?



The chief justice would only support
my judgeship

if I made a clear statement.

You talked about the money?

I was sitting there and I realized...

l... I'm sorry.

I was wrong.

The interview...

RECEPTIONIST:
Ms. Lockhart?

Ms. Lockhart, Lisa asked me
to give you a message.

Eli Gold called and wanted you to know,
don't worry about giving the interview.

He found another way.

ANNE: And you have said,
Mr. Florrick, that your governorship

will be the most ethical
in the history of Illinois.

I mean, that's a bit of a low bar,
isn't it?

Given that four of the last
eight governors have been to prison?

Well, I've already been to prison myself,
so I guess I'm pre-inoculated.

[ALL LAUGH]

That's good.

So why don't we try one
with you two kissing arm in arm?

- No, that's all right.
ANNE: Just for variety.

- No. These are good.
- Shall I bring the children?

Mrs. Florrick,
can you address the rumors

that you two are still living
in separate apartments?

I can.

My career is here in Chicago,

and Peter's is in Chicago
and Springfield,

so we have residences in both.
We use both.

When you're both in town,
you stay together?

- Anne.
- What? That is a fair question, Eli.

Yes, we do.

ANNE: In fact, I understand
that you're taking a week off

to go to Hawaii to renew your vows.

Okay, Anne,
are those really the issues

that we wanna be talking about?

Well, there is concern
that you are handpicking members

of the ethics commission,
replacing good people with yes-men.

- Really? Concern? From whom?
- Well, you fired Marilyn Garbanza,

one of the most widely respected
ethical watchdogs

in the Quinn administration.

[CELL PHONE RINGS]

Alicia Florrick.

Alicia, it's Kathy.
I'm not calling for me.

- It's for Tara.
- Oh, Kathy, hi.

- Is everything all right?
- No. There's been a complication.

We're at Dr. Tuft's office,
and Tara's headed over here now.

Can you come?
I think she'll need you.

- Sure. Are you okay?
- I'll see you in a minute.

Zach, where's your sister?
I have to head out.

ZACH:
She's right there.

ALICIA:
Grace?

Mom. Hey.

Oh, Grandma got it for me.
Do you like it?

It's... Wow.

GRACE:
Is that a good wow?

It's a you-don't-look-like-yourself wow.

[GRACE CHUCKLES]

[CELL PHONE RINGING]

Yes.

MANDY [OVER PHONE]:
Mr. Gardner, this is Mandy Post.

I'm fact-checking an article I'm writing
about your partner, Diane Lockhart.

And I was wondering
if I could ask you a few questions.

Sure. Go for it.

Have you stolen any more money
from clients

since the 45,000 you took
ten years ago?

Actually, that's another call, Ms. Post.
Can I call you back?

Certainly.

Kalinda, I need you to look
into Diane's work on her cases.

What am I looking for?

Any lapses, any complaints,
anything she mishandled.

Why? What's going on?

Nothing. I just need it done.

Wait.

Diane hurt us with an interview.

We need to ask her to step away
from the firm.

- And you need her lapses?
- In case it grows contentious.

Will, one thing I know,
you look into her lapses,

it will grow contentious.

I need it by tomorrow.

- Tara. Hi.
- Mm! Alicia, there you are.

Is it another amnio?
Because I have class in like an hour.

No, I think there's been
some complications.

- Oh. Are Kathy and Brian here?
- Yes, they called me.

- Red Vine?
- No, thank you.

I wasn't sure
after the first amniocentesis.

That's why I requested a second.

The screening detected an 85 percent
likelihood of Patau syndrome.

It's a chromosomal abnormality.
It's very rare.

And I'm sorry, but very severe.

What is it?

TUFT:
Well, it's a surfeit of chromosomes.

Most babies with Patau survive
only a few days after birth,

and some less than a year.

All have major
developmental disabilities.

But I don't get it.
I felt him kicking last night, all night.

TUFT:
And he will continue to kick.

There's nothing anyone
did wrong, Tara.

This is not about the surrogacy.

What do we do now?

Well, that's why I wanted to get to you
as early as possible,

so you'll have options.

You're in the second trimester,
so termination is still a possibility.

- I am so sorry.
- Shh, shh.

BRIAN:
We'll pay for everything.

Not just the clinic

- but the full amount for the surrogacy.
- It's okay.

No, Tara,
you're part of this family now.

- We'll deal with this together.
- Dr. Tuft suggested a clinic.

- We'll make an appointment.
- Oh.

- And I'll go with you.
- No, it's fine.

[CELL PHONE BUZZES]

Um...

Will, can I call you back?

We need you for an emergency.
We're short of a quorum.

- How far are you?
- Ten minutes, but I'm with a client.

Come to the office,
go to the empty floor on 16th.

Make it when you can.

Of course the governor-elect chooses
his own commission.

- I'll call you back.
- Ethics commission?

Lt'll die down. They're just probing
for a chink in the armor.

I don't think so. Bring Marilyn back.

- Peter, that will look just as weak.
- No, I made a mistake.

It looks like I replaced her
because she was too ethical,

not because of how she looked.
Bring her back.

[CROWD CHATTERING]

DAVID: Ah, here's our quorum.
How'd you come, by bicycle?

HOWARD: What size exit package
are we talking about?

- That's what we have to discuss.
DAVID: Well, if she damaged the firm,

- we discount whatever that amount...
- With overhead.

- What's going on?
- Diane.

- One of my biggest divorces.

She got a call from this reporter
who wanted to fact-check her article.

Diane is out for herself.

HOWARD: So cut her off.
- No, we negotiate an exit package.

What happened?

Diane exposed the firm to criticism.
We're getting calls from clients.

We vote.
How many want Diane gone?

She wants herself gone.

We just ask her to leave
two months early.

All those in favor of negotiating
Diane's exit package, raise your hand.

- Who's taking minutes?
- It doesn't matter. We just count.

Eight to six.

Good. Appointments
to the negotiating committee?

- I appoint myself.
DAVID: You can't appoint yourself.

- I appoint David Lee.
- I appoint Howard Lyman and Will.

And I appoint Alicia.

No. Thank you, though.

We need someone
who voted against the exit.

- You're the balance.
MAN 1: Whatever...

MAN 2: Okay...
WOMAN: No, that is not...

ZEPPS: No, everybody uses
Classic Roman Standard.

We're not saying anything if you use
a font that everybody else uses.

All those in favor
of the better-looking font...

- Oh...
- I'm joking.

All those in favor
of Classic Roman Standard?

And all those in favor of Trajan Pro?

Congrats, our law firm now has a font.
Any new business?

ZEPPS: I heard a rumor
I wanted to share with the group.

Heard that Diane
was being pushed out.

The partners got together
and they're arranging an exit package.

Which would leave her clients open
for poaching.

If it's true.

As a partner,
I am bound by my confidentiality.

I can't say anything.

Okay.

So I'll count to ten,
and if you don't sit down by ten,

- Diane is being pushed out. One...
- Guys, I can't. I can't even hint.

ZEPPS: Well, you did more than hint
when you told us

about the partners tracing our texts.

Yes. And I'm not so sure
that was a good thing.

We're two weeks away from leaving.

Getting a jump on her clients
would mean everything.

Seven, eight, nine, ten.

You can't read anything into this.

[PHONE RINGING]

Who does Diane have as clients?

CARY: Ushkov Industries.
It's $13 million in billables.

Hello?

KATHY [OVER PHONE]:
Alicia, what did you say to her?

- What? Uh... Kathy?
- Yes.

What did you tell Tara?

Uh, well, I didn't say anything.
What do you mean?

She wasn't at the clinic.

I don't wanna do it.

You don't wanna terminate
the pregnancy?

Yeah.

You understand
that Kathy and Brian will feel

like you're the surrogate
in this equation,

- that they're the parents?
- Yeah. Alicia, I can feel him kicking.

I don't think he really is
what the doctor says he is.

Would you like another appointment
with Dr. Tuft?

No, he'll just say what he said again.

Tara, he has birth defects.

I know it feels like he's healthy,
but he'll be in pain

when he's born and he won't survive.

He has a 15 percent chance.
That's what the doctor said.

That's not a real chance.

My parents said
I had a 10 percent chance

of getting into DePaul, but I'm here.

Tara, it's not your baby.

And you are not my lawyer.

Not really.

- They're paying you.
- Yes, but I represent your interests.

I represent the surrogate's interests.

Then start.

It's not your decision. Tara.

Tara has decided
that in the best interest of the fetus,

- she will carry the baby to term.
- Excuse me. This isn't...

- We talked about this.
- I know.

Kathy, I can't.

- He's not sick. I can feel him.
- You're not a doctor.

CARTER: Okay, hold on. Page 18
of the surrogacy contract, Tara,

you agreed to terminate if there were
substantial signs of birth defects.

Tara believes these do not constitute
substantial signs...

- What? You've got to be kidding me.
- This is...

BRIAN: You can't do this.
- Kathy, Brian, okay.

Really?

And have you explained to her
how she will be in breach?

- I have explained her options.
- We're paying you, Alicia. She's not.

Yes, and as part of the surrogacy
agreement, you agreed to pay me

to act in her best interests
during the course of the surrogacy.

Tara, you're hurting us.

CARTER:
You don't agree with Tara.

- Not about what I agree with.
- You're just cashing a paycheck?

No, I am representing
the interests of my client.

And the interests of your client
involve being the mother of a child

- with major birth defects?
- No.

CARTER:
Ah. So Tara wants to give birth

and then force my clients
to raise the child?

ALICIA: My client made the choice
not to have an abortion.

CARTER: You don't get
to use the word "choice."

That fetus is wholly
my clients' genetic material.

Their egg, their sperm.

The only one who gets to choose
is the actual mother.

We would disagree.

CARTER:
Ah. And that settles that, then?

We're suing today.

You're suing for what?

To force my client to have abortion?
How does that work?

Economic devastation.
Your client breached her contract.

The Eisenstadts put over half a million
into this surrogacy.

Oh, come on.

Searching for a surrogate,
fertility fees, Tara's weekly payments.

A half million is going
to bankrupt your client.

Unless she decides to honor
the terms of her contract.

Well, then we'll see you in court.

No, I won't be seeing you anywhere.
You're fired.

The Eisenstadts are terminating
your employment as Tara's lawyer.

Well, they can't do that
until the surrogacy is concluded.

No, they can't do that
until the contract is concluded,

and you've decided
the contract is concluded.

So unless you're into doing this case
pro bono, it was nice meeting you.

WILL: By publicly embarrassing me
on the record?

DIANE: Nothing I said
was in that accord. It was true.

WILL:
You had no right to speak the truth.

DIANE:
No right to speak the truth?

WILL: Not in this context.
DIANE: Are you serious?

You put your interests
over the interests of the firm.

- This is my firm.
- It was your firm.

Then get the security guards.
Carry me out.

No. We have enough respect for you
not to make this a public spectacle.

You wanna end it this way?

Diane, you ended it.

Now, go be a judge.

We have work to do here.

[PHONE RINGS]

- Hello? No, this is her mother.
BOY: Is Grace there?

- May I ask who's calling?
- Jimmy Lawrence.

She should be back in an hour.
What is this regarding?

- Was that for me?
- No, Grace.

Who's Jimmy Lawrence?

Someone from school. Why?

Well, he was calling for Grace.

Zach, is something going on
with your sister?

- No.
- But something's going on?

Zach, what?

Grace has nothing
to do with this, Mom.

It's not her.

But Grace...

I don't understand. Where...?

- So that's why this kid is calling?
- Lots of kids.

ELl:
We want you back, Marilyn.

Yes, I thought
that we were a bit hasty

in moving you
to the Transit Authority Board.

Promoting me
to the Transit Authority Board.

Yes, well, we heard
you weren't very happy there.

- Hmm. Yeah, I didn't feel qualified.
ELl: Then come back to us.

We're reorganizing the ethics
commission, giving it more power.

We'd like you to head it up.

PETER:
And we'd like to announce today.

In what way, reorganizing?

The ethics commission has always
seemed isolated here in Chicago.

We wanna move your offices
into the governor's suite in Springfield.

More in the heat of the action.

No, thank you.

PETER:
Wait a minute. Wait, whoa.

Why not?

Pat Quinn governed
from Springfield.

Rod Blagojevich governed
from Chicago.

Each governor is different.
Where are you gonna be, Mr. Florrick?

ELl:
Oh, he'll be both here and Springfield.

Then why add all the offices here?

I'll be in Chicago.

And you want the ethics offices
isolated out in Springfield?

No, thank you.

What if the offices were here?

Along with unfettered access?
Yes, I'd consider it.

- No one gets unfettered access.
- Give us a day to think about it.

- Okay?
- Thank you, Mr. Florrick.

- They hate me, don't they?
- No, I don't think they hate you.

They want you to consider
all the repercussions.

And they can do that?
Take all my money?

I don't even have that much.

Well, you have the $120,000

coming from your parents' trust
when you turn 21.

They can take that.

Excuse me one second, Tara.

- Is that her? Is that the surrogate?
- Yes.

Look, David, I'm doing this pro bono,
one of mine.

- I will not exceed 30...
- I'm taking first chair.

- You're what?
DAVID: Tara.

Hi. I'm David Lee.

I am in awe of your courage,
young lady.

Life is such a precious commodity,
isn't it?

- What are you on?
- Something for Will.

I need you to...

No, come to think of it,

you're still friends with Cary
and the fourth years, aren't you?

KALINDA:
What do you need, David?

No, that's okay.

Robyn, I want you to look
into this Dr. Tuft.

ALICIA: And you've been seeing
Tara Bach for how long?

I've been her ob-gyn
for about seven months now.

ALICIA:
I see. And when is she due?

In approximately 12 weeks.

And in your professional opinion,
is Tara's fetus viable?

Objection, Your Honor. Relevance.
This is a breach-of-contract suit.

Let's find out the relevance.
What's the relevance?

If Tara's fetus is viable, Your Honor,

then she can't abort,
and there is no breach of contract.

STANEK: Well, that makes sense
to me, counselor.

No further questions.

Just a few more for the defense.
Thank you, Alicia.

What...? Ahem.

Why was the amnio performed
so late in the pregnancy, doctor?

Why? Uh, I didn't perform it.

I know. Dr. Tuft did.

But do you know
why the amnio was performed

so late in the second trimester?

Well, this was the second amnio.
The first was performed in April.

DAVID: And did you find
that Tara had spotting

- after the first amnio?
PATRICIA: Yes.

DAVID: And could this have come
from a poorly performed amnio?

STANEK:
Okay, let's hold up here.

I'm not sure why
the plaintiff isn't objecting.

- What is the relevance?
- Pure curiosity, Your Honor.

Well, let's satisfy our curiosity
on our own time, shall we?

I sustain the objection
that never came.

So you wanna sue the hospital.

I don't want to.
I will sue the hospital.

Their amnio caused
these birth defects.

And you want the child born?

No, your client wants the child born.

Yes, but it means more to a suit
if the child is born.

Heh. Eight million more.
It's pain and suffering.

Two million if Tara aborts,
10 million if she doesn't.

Does Tara know that?

What, that we're suing? No.

She's doing it
because she believes it.

I'm pro-choice.
It gives you the most options.

DANIEL: Abortion is a sin.
DAVID: You're a Republican.

No, I'm not a Republican.
I look at photos of fetuses and think,

"How can we flush them
down the drain?"

No one's flushing anything
down the drain.

I met this Rockette back in the '50s.

Looked just like Cyd Charisse.

Oh, God, Cyd Charisse.

- Those legs.
AMBER: If men could get pregnant,

- abortion would be a sacrament.
- It's legal. What else do you want?

We were messing around, you know,
back stage, the green room.

She came to me three months later,
pregnant.

Are you kidding me?

- Took her to Canada.
DANIEL: This is what I don't get.

Where do you think the personality
went? If it had been aborted...

HOWARD:
Okay, good, we're all here.

Hold on. Hold on. Quiet down.

We're here to negotiate
Diane's exit package.

DAVID:
I have some research.

This is what we offered Jonas Stern
when he exited in 2009.

- Are you frigging kidding me?
- We were in better financial straits then.

- We should offer her a half of this.
DAVID: I don't disagree.

- Jonas Stern was a founding partner...
- So is Diane.

So was Diane. She's leaving.

There's no difference between
Jonas' impact on the firm and Diane's.

DAVID: That may have been true
back then, but the firm has changed.

What has Diane done
but move us toward bankruptcy?

She's going to be
a Supreme Court justice.

WILL:
I agree with Alicia.

Here's the other problem.
Diane has good clients.

We anger her with a lowball offer,
we lose them.

DAVID:
How will we lose them?

She suggests
they go somewhere else.

Let's be practical.

We offer a fair amount,
we keep her clients with us.

Tara's fetus won't be viable
until the third trimester.

And that's in 48 hours?

TUFT: Yes, that's why the decision
to terminate has to be made quickly.

Now, Tara's ob-gyn has suggested
that the fetus is viable now.

Yes, I heard that. She's wrong.

Viability is based on survivability
outside Tara's womb.

And that's why the Supreme Court

in Roe v. Wade established
the beginning of the third trimester

- as an inviolable line?
TUFT: Yes, exactly.

Thank you, doctor. Nothing further.

Dr. Tuft, isn't survivability
based on current technology?

Of course.

ALICIA:
And given the current improvements

in postnatal technology,

can't the fetus survive
outside Tara's womb earlier?

TUFT: Not in my opinion, no.
This is a very special case.

Doctor, don't you have a reason
for wanting the fetus aborted?

Excuse me. Objection, Your Honor.
Who's questioning the witness?

If the fetus is aborted,
the malpractice lawsuit

against you will be reduced.

CARTER: The defense is turning this
into an argument about malpractice.

We all know you're excited
to be in big-boy court.

You might wanna check
the laws on slander, sir.

DAVID:
I'm not slandering the witness.

- I'm asking him a...
CARTER: You said...

STANEK: The question before me
is whether this contract is moot.

Now, due to fetal viability,
there's no way not to be in breach.

Given the conflicting testimony
of the doctors,

I have no way to split this dilemma.

So I fall back
on the Supreme Court's decision.

Damn it.

STANEK: With respect
to the contract in question,

the fetus is ruled nonviable
and will remain so for 40 more hours.

Your Honor, given that, we move that
these proceedings continue apace.

Uh, Your Honor, we don't have
our next witness until Friday.

Mrs. Florrick, have your witnesses
available this afternoon,

or we will proceed without them.

[GAVEL BANGS]

DIANE:
No.

HOWARD:
What does that mean?

It means I don't accept
your exit package.

We can shove you out, you know.

Yes, I do know that.

And my clients too.

- What is that, a threat?
DIANE: It is a fact.

Don't act innocent.

You already have some
of the associates calling my clients,

trying to split them off.

You're paranoid, Diane.

These are similar to the terms
offered to Jonas Stern.

And I am not Jonas Stern.

- What do you want, Diane?
- I want what I'm worth.

You want me not to bad-talk you
to my clients, rethink your offer.

Now get out of my office.

- This isn't your office.
- It is.

Until you have
the security guards escort me out.

Alicia, do you have a minute?

ALICIA:
L... Sure.

I can't decide this by myself,

but I can sway most of the partners.

And I think you'll enjoy
a honeymoon period

as the governor's wife.

Okay. I'm not...

I want you to consider replacing Diane
as managing partner.

Tara asked a lot of questions
about the contract.

We listened,
made changes at her request.

We wanted her to feel part
of the process.

CARTER:
And who represented Ms. Bach?

KATHY: Alicia Florrick.
CARTER: I see.

And did Mrs. Florrick
ever raise any concerns

that the surrogacy contract
was coercive in any way?

Your Honor,
respondent would stipulate

that this contract as a whole
is not coercive.

- This is about a single provision.
CARTER: Yes.

Now that Mrs. Florrick
has given herself cover

against a malpractice suit,
may I continue?

The provision regarding your right
to terminate the pregnancy,

that wasn't part of the standard
agency contract, was it?

No. My husband and I insisted on it.

CARTER: Why?
- Because our first child, Caleb,

had a heart defect.

He lived six months.

Five operations.

And in the end, we just...

We couldn't bring another child
into the world to suffer.

CARTER: And is that why you wanna
terminate this pregnancy?

Yes.

I wish I were the one
that were pregnant.

But I'm not.

But it's our child.

Our choice.

No one should be allowed
to take that from us.

PETER: What I want is a proposed
budget before the state assembly...

So Barry Rovinski's company
owns the building

that Alicia's new firm
just leased space in?

Yes, an obvious conflict of interest.

I assure you neither Peter
nor Alicia knew that

when he appointed Barry
to the water board.

But the terms of the lease
might be considered preferential.

Twenty-five a square foot in an area
where 40's the market rate?

What would you have Peter do?

The lease has already
been executed.

I think he should reconsider
Barry's candidacy.

He'll look into it.

I was promised unfettered access.

All due respect,
you're not the governor-elect.

Yes, thank you for your respect,
and this is unfettered access

to the governor's chief of staff.

- We should be on the same side, Eli.
- We are on the same side.

You can't keep disagreeing with me
and pretend it's an agreement.

- I agree.
- Heh. Okay.

Ethical issues are never obvious,
and they never go away.

That's why I raise them.
Because I like Peter,

- and I wanna see him succeed.
- You mean Mr. Florrick?

Of course.

Mrs. Eisenstadt,
you believe you and your husband

have absolute autonomy
over the fate of this fetus, right?

Yes, I do.

ALICIA:
Why is that?

Because it's ours.

What about your body?
Should you have control over that?

Over my body? Yes, I do.

ALICIA:
So you're pro-choice?

Yes, but this is different.

How? How is it different?

You want this contract imposed

even though Tara doesn't want
an abortion.

It's different
because Tara is not the mother.

- I'm the mother.
- But it's her body.

- Objection, argumentative.
KATHY: It's okay. I wanna answer.

Yes, it's her body,

but she has agreed
to subject her body

to my needs as a mother.

The mother.
That's what this contract was.

This is about my choice, not hers.

So you would drag Tara to a clinic

and have this fetus
forcibly removed?

Withdrawn. No more questions.

I'll have a ruling
on the contract's enforceability

within the hour.

[KNOCKING]

ALICIA:
Yeah.

Cary, I have to be in court
in ten minutes.

What do you need?

Are you taking
the managing partnership?

Where'd you hear that?

Is it true?

Will offered it to me,
but it's not a sure thing,

and I don't know even
if I would take it.

But you're considering it?

Don't you think that would've been
a good thing to tell us?

- It just happened.
- Alicia.

Staying is a mistake.

You'll always be under Will.

You finally have a chance
to get out from under him, take it.

Managing partnership
is not under him.

It is.

Why do you think he's offering it?

He wants someone he can influence.

- Someone that he knows.
- Okay, thanks, Cary.

Alicia, this is your chance.

Take it.

After much consideration...

Actually,
30 minutes of consideration.

- I have concluded that control
of one's body is an absolute.

This principle is enshrined

in our Constitution
and jurisprudence.

Parties may not contract around it.

A provision empowering
the Eisenstadts

to compel an abortion
is an affront to public policy.

The application
for specific performance is denied.

Your Honor, my client moves
for a declaratory judgment

that the contract has been breached.

Excuse me, Your Honor.

By denying petitioners' motion
for specific performance...

The court has ruled only
that the provision related to abortion

is unenforceable.

Plaintiffs allege
other contractual breaches.

What a load of bunk.

They're trying to extort
this lovely young mother-to-be

into an abortion.

- If you look at this contract...
- Although I respect Mr. Lee,

- I doubt he understands...
- Gentlemen, no.

Mr. Schmidt, what breaches
are you referring to?

The defendant failed to live up

to various performance sections
of the contract.

Oh, come on. Your Honor,

if Mr. Schmidt's clients wish
to bring a separate suit...

No, no. No need.

In the interest of judicial economy,

I will hear the motion
for declaratory judgment.

[GAVEL BANGS]

They lost, right?
What are they doing now?

DAVID: Scorching the earth
and poisoning the wells.

[KNOCKING]

Hi, uh, I'm Cam. Is Grace here?

She... I'm sorry, you're?

Cam.

You must be Mrs. Florrick.

I told Grace I might swing by
after dinner.

- I'm running a little late.
- She's out.

Um, but maybe you'd like to come in
and have a beer.

- Yeah, that'd be great. Thanks.
- Are you insane?

My daughter is 16 years old.

You do not come knocking
at her door again.

Do you understand, Cam?

Now is the time to say "yes."

- Yes.
- Good!

Express elevator is right behind you.
Turn around.

[SIGHS]

ROBYN:
Why does David Lee not trust you?

He thinks I'm doing what you're doing.

What am I doing?

Leaving with Cary
and the other fourth years.

Oh, well, yeah. All right, I need help.

I think this doctor on the surrogacy case
has a drinking problem,

but I need someone at the SA's office
to confirm rumors of a DUI.

- Do you have suggestions?
- Yeah.

- Can you tell me them?
- No.

- Why not?
- Robyn, you're leaving.

Yeah, well, so is Alicia,
but you help her.

What?

So is Alicia, but you helped her
on the death-penalty case.

- Alicia's leaving?
- Yeah, I thought you knew.

What?

- She didn't say anything.
- Yeah.

It's supposed to be a secret.

Check with the clinic's medical rep.

They usually know
all the doctor's problems.

Thank you.

PETER:
So Eli tells me you have a concern

over my choice for the water board.

I do. The problem is, sir,
one of appearances.

Appearances. Uh-huh.
So who would you choose?

- The current water-board head.
PETER: Grabowski?

He's an idiot.

I can't speak to that, sir.
Continuity, of course, is to be valued.

And there would be no hint
of a conflict of interest.

So, what you're saying

is that you would hire
someone second-rate

because they're more ethical?

No, I'm just saying that a conflict
of interest is a matter of law,

and second-rate
is a matter of opinion.

Hmm.

Who do you like better,
Hemingway or Dan Brown?

I'm not a good judge of literature, sir.

Uh, who's Dan Brown?

Da Vinci Code.

Ah, okay. Well, I haven't read it.
I've seen it.

- And I really like Tom Hanks.
- Who doesn't?

Um, well, I don't think I can take your
advice, and I really do appreciate it,

but I just can't choose Dan Brown
over Hemingway.

Well, thank you
for listening to me, sir.

PETER:
Sure.

And I'll make sure I take a look
at Da Vinci Code.

PETER: Oh, don't do it on my account.
- No.

I spent too many years in law school
with my eyes glued to LexisNexis.

I should, I don't know,
probably broaden my horizons.

Yes, I read the contract.

Could you please read
the highlighted provision?

"During the course of the pregnancy,
the surrogate agrees

not to engage in any sexual activity

that would constitute a risk
to the fetus."

CARTER: How many sexual partners
have you had since your pregnancy?

Four, I guess.
But they always used a condom.

And did you and any
of these upstanding gentlemen

ever engage in a threesome?

Objection, Your Honor.
This is character assassination.

An orgy is a per se violation
of her contractual commitment

not to engage
in risky sexual behavior.

Overruled.
Ms. Bach, you may answer.

No, I never engaged in a threesome.

MICHAEL: It was her idea.
- The threesome was?

Yes. We were in this bar
called Chesterfield's,

and she saw this guy with tattoos,
Evan,

and Tara said that we should
bring him back to her place.

- And did you?
- Yes.

Okay, that's a lie. You're a liar.
I haven't seen you in a year.

Mrs. Florrick,
if your client can't restrain herself...

I'm sorry, Your Honor.
It won't happen again.

And what happened
after you brought Evan back?

Well, we double...

I mean, we had a threesome.

CARTER:
And did anyone use protection?

MICHAEL:
Uh, no. None of us.

It doesn't matter if he was lying.
The judge believed him.

So, what do we...?

[CROWD CHATTERING]

What is going on?

Hello. How are you?

DAVID:
Mr. Florrick, it is so good to meet you.

I'm David Lee,
one of your earlier fans.

- Alicia and I work together.
- Oh, hello, Mr. Lee. How are you?

Good, good.
You have quite a wife here.

[PETER CHUCKLES]

- What's up, Peter?
- Nothing. I had a break.

I thought I'd come say hello.
It was supposed to be a surprise.

- A little difficult with the security detail.
- It's still a surprise to us.

Yeah. Um, okay, excuse me.

Uh, I booked a suite in Wailea.

They have a package
for renewing your vows.

Um, Peter, I thought you said...

I mean, I thought we had to wait
until after the inauguration.

I thought we did too, but it will be
just as difficult after the inauguration,

so I think we should do it now.

What's going on?

Nothing's going on. I love you.

- I love you too.
- I'm sorry to bother you, Mr. Florrick.

- Alicia, the judge wants us back in.
PETER: Ah.

Your Honor, 30 minutes ago,
Ms. Bach approached my client

and offered to abort the fetus
for $100,000.

DAVID:
Judge, that is a preposterous lie.

- It constitutes blackmail, Your Honor.
- Wait a minute.

You've ruled that my client

has the right to decide
whether to have an abortion.

There's nothing illegal
about monetizing that right.

So you're saying
that she made this offer?

No, I'm saying
if she did make this offer,

and I have no knowledge
that she did,

she was merely using money
as a carrot,

just as the Eisenstadts
used it as a stick.

Judge, if tying the destruction
of a fetus

to money isn't blackmail, nothing is.

Okay. I'll hear from Ms. Bach
on this question first thing tomorrow.

ALICIA: Judge, even if she were
to make the offer,

it was nothing more than
a permissible settlement negotiation

- in a civil case.
- Or a crime.

If I find your client's committed one,
I'll refer her to the state's attorney.

Mom, did you tell Cam
to leave me alone?

ALICIA:
Good morning, Grace.

Did you tell Cam to get lost?

You mean the man
with the motorcycle helmet,

the man who came to my door,
who wanted to come in

- and have a beer and wait for you?
- Mom, he's my pastor.

He's the head of Campus Faith.

He was supposed to pick up
some reading plans.

Okay.

Grace, he didn't look like a...

I don't know what he looked like,

but just because they're pastors
doesn't mean anything.

Mom, what's going on?

I saw the website,
The Ten Hottest Daughters.

- Zach showed you.
- No, I forced him to show me.

Mom, that doesn't mean anything.
I'm not after all of that.

I know, honey, but boys are.

- So?
- So...

You're dressing differently.

You're taking dresses
from my closet.

- You said I could.
- I know, but, Grace, I'm your mom.

- And this...
- Mom,

I wanna be pretty.

Just let me be pretty.

Oh, honey, you are pretty.

No, you have to say that.

I want other people to think
that I'm pretty.

Did you tell my clients
that you'd only have an abortion

- if they paid you $100,000?
- No, I did not.

CARTER: If the court would please
instruct the witness she's under oath.

Objection, Your Honor. The witness has
been sworn and is fully aware of that.

You are under oath, ma'am.

ROBYN: Psst.
TARA: I might have said

- that $100,000...
- I was looking into the possibility

- that Dr. Tuft has a DUI.
- Really?

He doesn't, but I was checking
with his medical reps,

and I did find out something else.

CARTER:
So, what do you have?

DAVID:
As Dr. Tuft's notes show,

he cultured the embryo
48 hours prior to implantation.

There's been a miscalculation
of fetal age.

Let me see that.

ALICIA: We're in the third trimester,
Mr. Schmidt,

meaning the fetus is viable.

DAVID: Which means you won't be
able to pressure our client to terminate.

Okay.

You're selfish, Tara.

It'd be one thing
if you said I'm adopting him,

but you're walking away.

TARA: Remember what you said,
Kathy, after the first sonogram?

"Do everything you can
to protect my baby."

KATHY:
This isn't protecting.

- It's owning.
- I'm keeping him alive.

That's the only way I know
how to protect him.

Feel him kicking, Kathy.

Just feel him.

No.

DAVID:
It's the final offer, Diane.

No, it's the final offer when I accept it.

No.

Howard, David,
could you please give us a moment?

- We got a problem?
HOWARD: No.

Just something
between Diane and myself.

Alicia, you stay.

I'm gonna want you to run a change
in the contract.

- What do you want?
DIANE: More than this.

No, this isn't about money.
This is about us.

So, what do you want from me?

I put my life into this place.

- My whole life.
- And it's appreciated.

DIANE:
No, it's not.

Not with ghouls like that
shoving me out the door.

- Well, I can't negotiate appreciation.
DIANE: That's right.

That's why you'd better do it
with money.

And how much appreciation
are you looking for, Your Honor?

I must have really hurt you
to make you wanna hurt me like this.

That was the deal from the beginning,
Diane, remember?

We work together until it's not fun
or profitable anymore.

Well, here we are.

Are you having fun?

Bump the package up by 20 percent
and I'll leave.

WILL: I can't do that.
- Then find another way.

I'll be at home.

She'll come around.

She knows she can't be sworn in

with a partnership dispute hanging
over her head.

We need to leave this week.

You're sure?

Yes.
Ripped By mstoll