The Practice (1997–2004): Season 1, Episode 3 - Trial and Error - full transcript

- Previously on The Practice.
- Ms. Dole.

- Professor?
- I won't die.

I'll live forever,
if for no other reason
than to see this through.

Your client's cigarettes
killed my wife.

Bobby Donnell
is a good practitioner.
You studied to be a lawyer.

I-I don't mean
to speak out of turn.

It's just--
I should hate
to see you waste your gift.

- This is your third time,
Mr. Holsten.
- It was an accident.

- You exposed your penis
by accident?
- I was protesting NAFTA.

In my experience,
genitalia rarely collides
with sunlight...

because of a U.S.
trade agreement.



You see this?
What?

Huh? Eviction notice.
These are the things that happen
when you can't make the rent.

70,000?
Come due in 90.

With the usurious rates, this
will help you get a promotion.
Cut me a small break.

- Do I ask for much?
- You ask all the time, Bobby.

And I give like a cow.
I'm growing udders here.

I'll give you
a construction loan
for office expansion.

Ah. Thank you.

[ Indistinct ]

[ Gasps ]

Get away from me! Oh!

[ Gasping, Whimpering ]

You're the guy's rabbi.
Yeah, well, he asked
to see his lawyer.

Bobby, be quiet.



Dr. Braun.

Thank you for coming.

This is her tombstone.

See, I wanted you to, uh--

"Wrongful death."
It's... such a legal term.

"Cause of action."

This is more than
a cause of action for me.

I have never thought otherwise.

Has there been any progress?

We're waiting till
the criminal trial is over.

What if he's not convicted?

Well, that doesn't affect
our civil claim.

There's a different
standard of proof.

Danny, what's goin' on?

The trial
is not going well.

But the other guy confessed.
Yeah.
Only to his priest,

and now they've
got all these
psychiatric experts...

saying that he was
temporarily insane.

I think it's working.

[ Chattering ]

You read him
his rights yet?
Twice.

Hi.
Hi.

All right, inside.
Inside. Let's go.

[ Chattering ]

- Mr. Holsten?
- It was entrapment.

Did the police
handcuff you to him,
or is this some thing?

No, she did.
I don't know who
this person is.

- Is that true, sir?
- I ain't saying nothin'
until my attorney gets here.

It was entrapment.

A man can't walk
down the street these days...

without getting handcuffed
to a dwarf.

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

How can it be working?
You're a defense lawyer.
You tell me.

He strangled her for a full
seven minutes, Pam.

How is that temporary insanity?
Bobby, you got
the civil claim.

Leave the criminal
prosecution to me, okay?

Mrs. Braun, hello.

Hello. Hi, Bobby.
Hi, Roberta.

I just saw your husband
at the cemetery.
Oh, yeah.

His home away from home.
How you doin'?

I'll be happy when today's
testimony is over with.

Miss Bork tells me
the defense attorney
will probably be aggressive.

Yeah.

Do you know the lawyer?
Leonard Goode?

Oh, yeah.

She was frightened by him.
Frightened?
How so, ma'am?

He said to her,
"You will not leave me,"

- in a tone--
- Objection. Hearsay.

Excited utterance. Doesn't go
to the truth of the words.
She's testifying...

- about what was told
to somebody else.
- The objection is overruled.

Continue, Mrs. Braun.

My daughter was afraid,
when she broke up with him,

that he might try
to kill her.

You didn't really think...

that Donna was in any physical
danger from my client, did you?

I know she thought she was.

Yes, but if you thought
she was in physical danger,

why didn't you call the police?

And tell them what?
"My daughter has
a crazy boyfriend"?

- What could they really do?
- Well, did you see
what they could do?

- Did you call 'em up and ask?
- No.

You'd think a concerned mother
would bother.

You seem a concerned mother,
but isn't it true
that you weren't concerned?

- That is not true.
- Then why didn't you
notify the police?

My daughter was a grown woman,

and I respected her wishes
that I stay out of it.

Mrs. Braun,
you're up here, basically,

to undercut the idea
that Ronald Martin was
temporarily insane.

Because, as the victim's mother,
you wanna see him punished,
don't you?

- [ Pam ]
Objection!
- Overruled.

Let's be honest.
You want him punished,
don't you?

He's a murderer,

and he should be punished.

- And you're up here
doing your part, aren't you?
- Objection!

Sustained.

Okay. Well, let me just see
if I can get this clear.

You were afraid that Mr. Martin
might kill your daughter,

but you stayed silent
on the whole matter
out of respect for her privacy?

I thought she was
attracted to me.
I saw what she was wearing.

You had to know
she was a prostitute.

Hey, I didn't agree to pay her.

And the dwarf
came out of nowhere.

Look, I can argue that,
but you're a repeated
sex offender.

I wouldn't pretend
to be optimistic.

I want my day in court.

Mr. Holsten, I thought
we had an understanding.

You were gonna try
to get some help.
I will,

but first I want
my day in court.

[ Cell Door Opens ]

It's called "discovery,"
counsel.

It's called "abuse of process."
This is the third deposition.

He's the plaintiff.

Are you suggesting the defendant
not be allowed to depose
the person suing him?

Of course they can, but there's
a difference between deposing
a witness and searching.

Your motion is denied.

Mr. Pearson, you may resume
the deposition.

- You'll pay the court costs and
I'm fining you $500 to boot.
- What?

My docket is clogged
with two zillion cases...

because lawyers like you
come in here wanting
to argue everything.

And what else?

I'd also be seeking
to continue oral arguments...

on summary judgment.
No.

No, no, no, no, no, no.
Delay, delay, delay, delay.

He filed a 223-page memorandum.

Then why are you here
when you could be reading it?
$200 fine for that.

- You can't fine me
for asking for a continuance.
- I just did.

- Fifty bucks
for saying I can't.
- [ Sighs ]

Don't you look at me like that.
Mr. Pearson?

As an officer of this court,
I apologize for this.

Thank you, Your Honor.

Actually apologized to him.
Bobby--

He was sucking up to him.
The judge was in awe
of Pearson.

He probably wants a job
after he's thrown
off the bench.

He was kissing
the guy's ass.
Excuse me.

[ Bobby Groans ]

Is this a bad time?

I was wondering if we could
push tomorrow's deposition
from 2:30 to 2:45.

I've got a luncheon seminar
that could run over.

2:45 will be...

fine.

[ Elevator Bell Dings ]

This is beneath you.

Yes?
He's due back any second.

Sure you don't want coffee?
I think
I'm gonna just leave.

Oh, no, no, no, Mr. Ray.
They'll be back.
You see?

I'm not gonna keep on
being a nice guy.

[ Chattering ]
Hold it, hold it, hold it.
One at a time.

You said the last deposition
was the last deposition.

Let me go first.
Hey!

My problem is your problem.
I should get to go first.

What's the problem?
People at the bank
are asking questions...

about the loan
we extended to you.

What people?
Superiors.

Worst kind.
They want to know why
paperwork isn't done yet.

This I can handle,
but they're also asking
about this office expansion,

which we said
that the loan was for,
which it ain't...

since you got no place
to expand, since the place
next to you is taken.

Your forehead's sweating,
Jimmy.

I don't like it
when your forehead sweats.

A guy named Jonathan Cramer
called here yesterday.

Said he got mixed signals.
He's gonna be asking you
some things.

What things?
Things like,

did you represent
to me that your office
was expanding?

Did you show me
blueprints and stuff?
Those kinds of questions.

If I answer yes
to those questions, Jimmy,

the next arraignment I go to
will be my own.

This is probably what accounts
for the sweat you see
on my forehead.

See, if you didn't make
those representations,

unemployment in the commonwealth
goes up a blip.

This is why I'm thinking
we got a problem.

Got one.
[ Rebecca ]
What?

Podiatrist, 40-ish,
loves movies and Maine.
[ Phone Ringing ]

Spoke to him for an hour
on the phone last night.

You gonna go out?
I'm gonna keep it
audio for a while.

Oh, excuse me.
Hi. Danny?
[ Picks Up Phone ]

[ Bobby ]
Rebecca, in my office, please.
What's with the tone?

In my office.
Ellenor Frutt.

What--

Somebody from Boston Fidelity
called, inquiring about
our office expansion?

- Yeah, yesterday.
- And you informed him that
this office was not expanding?

Well, we're not.
Are we?

It is not your place
to disseminate...

any information with respect
to this law practice.

You take messages.
You don't give them.
You got that?

You got that, Rebecca?

I got it.

How much of this bank loan
do we have left?

- None.
- Okay.

Is that all?
Yeah, that's all.

Okay. There's a grenade
I gotta go fall on.

What are you gonna say?

The truth.

Buddy comes in strapped.
I invented a way
to get him some help.

What about falsifying
loan documents, Jimmy?
Nothing's signed yet.

That doesn't
necessarily matter.

They'll just fire me.
They won't be pressing charges.

He came into the confessional.
He was obviously
in a state of shock.

- Objection!
- I'll allow it.

[ Goode ]
What did Mr. Martin say,
Father?

He said he couldn't be sure,

but he thought that he had just
strangled his girlfriend.

[ Murmuring ]
[ Goode ] I see.
He wasn't sure?

He said he could see
the image of it.

He couldn't remember it
as if it were something
that actually happened,

but he felt...

that it did happen.

And how did you respond
to that, Father?

I told him he should
go to the police.

He had to.
And he agreed.

And did he say anything else?

Yes. He begged me
for forgiveness,

for absolution.

- And did you grant it to him?
- Yes. I did.

[ Clattering ]
Sit down, Dr. Braun.

Dr. Braun,
please be seated.

Jerry.

Sit down, sir,
or I will remove you
from this room.

He wants to go to trial.
We're going this afternoon.

Just like that?
Well, it's muni.

Judge bounced us
to a six-man jury.
There's no discovery.

Might as well try today,
before he unzips his pants
and extends his criminal record.

And the defense is,
he was with a prostitute
because--

- He loved her.
- Oh, yeah. Right. Mm-hmm.

Any suggestions?

- "United States of America."
- You think?

What else have you got?

Yeah.

"United States of America."

You think I should go hard?
I don't know.

Tough to look sympathetic
cross-examining a priest.

Yeah, well, that priest
was pretty effective.
You heard him.

Listen, Pam,
if you go at him,
don't go halfway.

You gotta get him.

Yeah.

So, Father, as I understand it,

this man commits a murder,

then he proceeds
to your confessional,

where you proceed
to offer him absolution.

Is that correct?

[ Laughs ]
It's not quite that simple.
That's the way it seems.

It also seems strange
that you come to
this court every day...

and sit behind him
in apparent support.

Well, I suppose it's easy
to love a Mother Teresa,

but I believe God teaches us
to love all people.

- Yes, that's sweet.
- Objection. She's mocking
the witness, Your Honor.

Mocking him? He comes to
a murder trial and compares
the killer to Mother Teresa.

- Why would I mock that?
- Move to strike.

Let's get on with it.

Exactly how long did it take you
to forgive Ronald Martin
for strangling Donna Braun?

- More than a minute?
- [ Goode ]
Objection!

This man is basically here
as a character witness.

- He's testifying as to fact,
not character.
- May I finish?

- No.
- Both of you, kindly step
up to the bench.

[ Spectators Murmuring ]

Once a month or so,
I go into a depression.

I think it's probably because
I come to a place of work
every day...

populated by rapists,
murderers, child molesters--

But that's not the reason.

It's because of the daily sewage
I have to swallow, listening
to what comes out...

of the mouths of these
malignant, cancerous,
infected little cysts...

we call lawyers.

You-- Don't make me state
my opinion of what you are.

It would be grounds
for a mistrial.

And you, stop sinking
to his level.

We're going to take a break
so you little children
can reflect, okay?

Now step back.

Twenty-minute recess.

I see attorney Bobby Donnell
is in the back of the room.

I'll see you
in chambers, please.
[ Gavel Raps ]

Bobby, I assume you know
what we think of attorneys...

who promote criminal
murder trials...

to advance their civil
wrongful death claims.

I'm not doing that.

There's nothing wrong
with me monitoring
a criminal trial. In fact--

I'm told you have investigators
out looking for some of
the defendant's ex-girlfriends.

One, who he supposedly
beat up.

Look, it'd be malpractice
if I didn't try
to find her.

Well, you better be careful
on any search and seizure,

because I might just find
your conduct to be
state action.

I'm not working with the D.A.

Well, it doesn't look good.

Well, I don't care
how it looks.

And for your information,
this is not just about money.

If that guy
gets acquitted here,

I will be using
the civil trial to nail him,

mostly so Donna Braun's parents
can get some peace...

that at least one jury
found him to be a murderer.

What you do
in your civil case
isn't my concern.

But keep your nose
out of the criminal
prosecution.

That's my only warning.

Your wife's doctor told her
cigarettes were hazardous?

Yes.
Did he tell her...

they could cause cancer
and vascular disease?

Objection.
You can answer.
Yes.

Mm-hmm. Did you tell her
that cigarette smoking
could kill her?

Many times.
In fact, you--

You begged her to quit,
didn't you?

And she did,
many times.

- Mm-hmm.
But she'd start up again.
- She was addicted.

Right.

Ah! Let the record reflect
attorney Donnell
has just entered.

Why has this proceeding
started without me?

Oh, we didn't want
to make your client wait.

And, uh, Ms. Dole
offered no objection.

She should have.

For the record--
Bad form, Pearson.

Consider me chagrined.

Would you like to sit?

You're letting him
push you around.
I'm not.

There was no excuse for
allowing that deposition
to begin without me.

I didn't know how late
you were gonna be.
Then you postpone it.

With the stenographer
and everybody there?

You don't want
to inconvenience
your mentor?

It wasn't that.
It was that.
I see you.

You're looking
for his approval.

You've got this
brilliant legal mind,

but if you don't
turn into a fighter,

you are gonna be
a doormat in this town.

Okay.

Now, this
summary judgment hearing--

Are you up to going
against Pearson or not?

I'm up to it.

I am.
I know you are.

I just wanna be sure
that you know it.

I was walking down the street,
minding my own business,
then I saw her.

- Her being--
- Sheila.

And what happened next, sir?

Well, our eyes
locked briefly,

and I came to the conclusion
that the attraction
was, uh, mutual.

[ Eugene ]
And what happened next, sir?

I exposed myself.

You exposed yourself, sir?

That is as close
as I usually get...

to a beautiful woman,
Your Honor.

I'm not a handsome man
in the bright sunlight.

And what happened next,
Mr. Holsten?

She took my hand
and led me upstairs
to her apartment.

A strange woman
grabbed you by the hand
and led you to her place?

- Yes, Your Honor.
- What were you thinking?

Only that I should follow.

[ Eugene ]
And you did not know
that she was a prostitute?

No.

Next thing I know, the police
are charging in...

and I'm chained to a dwarf
smoking a Camel.

Your witness.

This woman stated that
before she grabbed your hand,

she said to you, "300,"
at which point you nodded.

I thought she was
guessing my weight.

[ Woman Laughs ]
[ Spectators Murmuring ]

He never said anything
about office expansion.

That was my mistake.

How do you make
such a mistake, Jimmy?

'Cause office expansion
was something he'd
approached me about before.

I-I even got the plans.

I mistakenly assumed
that this loan was about that.

So you expedited
a $70,000 loan...

without even asking
the question what it was for?

You just assumed,
and wrote the check.

You want it off the record,
John?

Nothing's off the record.

Bobby's one of my best friends.
He's having a bad month.

I helped him.

I made the loan
under office expansion...

'cause I couldn't figure
any other way without you
asking questions.

And your friend
played along?
He just took the loan.

He didn't know how
I was swinging it.

You're a sweet man, Jimmy.

Stupid, but sweet.

So, how's it gonna be?

Pack up your office.
You're fired.

If you or Mr. Donnell return
the 70,000 within 30 days,
that'll be the end of it.

If you don't,
I refer the matter
to the district attorney.

Mr. Martin had entered
into what we call
a dissociative state.

I see. And could you describe
what that means
for the jury, Doctor?

Essentially, it's
a psychological
splitting mechanism,

causing a segregation
of normal, integrated
patterns of perception.

Uh, Doctor, I'm sure you feel
you've just explained it, but--

Basically, when the victim
broke off the relationship,
Mr. Martin snapped.

He lost conscious control,

and pretty much was on automatic
pilot when he strangled her.

[ Goode ]
So he didn't know
what he was doing?

In my opinion,
he did not.

[ Chattering ]
[ Braun ]
Look at him strut.

The joy of doing
your job well.

Get on the elevator, Gerald.
No, no, no.
I wanna watch him.

Roberta's waiting
for you at home.
Get on.

[ Man ] Are you
satisfied with the way the trial
is proceeding up to this point?

Dr. Braun, I am both
mindful of your presence
in the courtroom every day...

and of your loss.

I hope you realize
that I what I do in there...

shouldn't be interpreted
as a failure on my part
to feel your tragedy.

Why don't you die?

Uh, I'm sure your attorney
can convey my conflict.

He has certainly been
in a similar position
many, many times.

[ Elevator Bell Dings ]
Then he can die too.

Beck, will you call
Warren Hillebranner...

and tell him we want
our motion to compel.

Sorry. I don't
disseminate information.

- You got something
to say to me?
- You want me to say it here?

In my office.

I don't know what's going on
with this bank loan.

I'd like to say
I don't care,

but I do care.

Because this place of business
is where I come to work
every day.

And if you expect me
to be a part of your schemes...

or lies or whatever it is
you're pulling,

then you've never bothered
to know who I am.

I will never be
a participant
in that kind of crap.

That's one.

Here's two.

If you ever speak to me
with that kind of disrespect--

whether it be in front
of somebody else
or just between us--

I'll walk out that door.

I apologize. I--

I was--

- I was out of line.
- You got that right.

Bobby, you wanna keep
this place in operation,
that's fine,

but you better think real hard
about exactly what it is
you're trying to keep going.

Summary judgment motions
are brought by the defense
in almost every civil action.

It's a shot at getting the case
kicked on legal grounds.

They almost never work.

But you're talkin'
like you're worried.

Well, if we should lose,
the case is over, finished,

and since this judge
seems to be a little biased, I--

I won't lie.
We're a little worried.

So if we lose, we're done.

What do we get out of it
if we win?

- Well, hopefully, they'll start
taking us seriously.
- Right now they're not?

Not as much
as we'll like them to.

Go. Get some rest.

- Good night.
- Good night.

Bobby, this judge--

It may not be Pearson
he's kissing up to,
but somebody in his firm.

What?
Sydney Charpools--

She was a year
ahead of me at school.
She works at Finley.

Before that,
she clerked for Small,

and supposedly,
something happened
between them.

You're just
telling me this now?
I just heard myself.

Chris Kelton, a D.A.--
also in my class--
he told me.

Well, can we prove it?
I don't know.

Even if we could,
there's nothing to suggest
it's a factor.

It was more
than two years ago.

I don't think Pearson
even knows about it.

Still, if we can get
that judge off this case--

What are you thinking?

I'm thinking that if that judge
slept with a woman
at Pearson's firm,

that is a card,

and it is not beneath me
to play it.

- I thought he was cute.
- Mr. Holsten?

- Sure.
- When you invited him to your
apartment, it was because--

On this particular occasion,

it was because I found him
both attractive and nice.

[ Prosecutor ]
And when you quoted him 300?

It was before I decided
I really liked him for free.

And the dwarf?
Just a friend.

And, of course,
since you yourself
were charged,

you would have an interest
in denying that this was
sex for a fee, wouldn't you?

Hey, I took an oath
to tell the truth here.

When this man
exposed himself to you
on the street,

what exactly did that say
about him to you?

Just that if I invited him
to my room, he'd probably come.

The idea of setting
Ronald Martin free...

has to seem horrific.

He took the life
of an innocent woman.

How can we excuse him?
How can we feel sorry for him?

Well, you can.

You can and you must,
because the law tells you to.

Now, we've heard
from seven trained
medical professionals.

We've heard them testify
that Ronald Martin...

was ill when
he committed this act,
that he was temporarily insane.

And if he didn't understand...

the nature and the quality
of his act,

then, legally, he's not guilty.

That's the law.

Now, you may not like it.
That's okay.

But you have an obligation
to uphold the law here.

And as you do,
as you go back
to that room to deliberate,

remember that our system
of jurisprudence,
more than anything else,

is designed
to protect the weak.

And you can hate him.
You can hate him.

That's a human thing to do.

But sometimes
the function of a jury...

is to defend
against human nature--
against lynch mob mentality.

Because the law--

The law is here to defend
the most vulnerable members
of our society,

who have nowhere else
to be safeguarded
but right here.

Yeah, let's all cry
for Ronald Martin.

We need to feel sorry
for these poor,
misunderstood murderers.

Dr. Braun, this--
He gets to sit in that room
as the victim.

They're looking at him
as the casualty.
I will get my turn.

My daughter's
a piece of evidence now.

"The body."

This is sick.
Jerry.

She's not even
a person anymore.

She's exhibit "A."

You don't even care.

I'm deeply sympathetic
to what you're going through.

I know this is
an emotional time,

but don't you dare
accuse me of not caring.

I give my closing tomorrow.

I promise you, I'm ready.

[ Chattering ]

So what are you gonna do?
I'll find something.

You know me.
I always land on my feet.

Jimmy, what are you
gonna do?

I don't know.
You'll come work with us.

What?
Our tobacco case
is heating up,

and we need
all the hands we can get.

You can't afford to pay you.
How do you pay me?
I'll work it out.

You need therapy. You know that.
Look, just say
yes or no.

You keep
digging yourself deeper.
You say you'll work it out.

This is gonna be
on your tombstone--

"He tried to work it out."
Now we're lookin'
at your tombstone.

If you hang a shingle with me,
you'll at least have
an office to come to.

You could pick up
some court appointments,
hustle up some contingencies--

And what about the others?
How they gonna feel?

Not collecting
regular paychecks,
then in comes me.

How they gonna feel
about that?

Look.

You're where you are
'cause--

'cause you helped me.

It's time for me
to help you.

[ Eugene ]
I could stand here
and talk about...

how there's no evidence
of money changing hands.

No evidence of culpable intent,
with respect to my client.

Was he foolish to think
that a prostitute
was smitten with him?

Of course he was.
This isn't a stable man.

I don't need
to convince you of that.
He's a flasher.

They didn't make
the elements here.

I could sit down right now
and you'd have to come back
not guilty,

but I'm gonna stay up here
just a little longer,

'cause I wanna talk to you
about something else--

something called
the United States of America.

Big Brother police
saw Mr. Holsten
walk away with Sheila.

Mr. Holsten. Gee.

Look at him. Overweight.

He would just have to pay
for sex, wouldn't he?

What woman would want
to be with him?

It must be prostitution.
"Let's follow them.
Then we'll bust the door down.

"We can do that
and get away with it.
You know why?

'Cause we don't like
the way they look."

And when they charged
into that room and saw
my client handcuffed to a dwarf,

well, it just had to be
something kinky.

But you know what?

I believe you need evidence.

Times are changing.

We are, in fact,
becoming a more tolerant nation.

We are, in fact,
becoming a land...

where people do not
prejudge on looks alone.

You're three
and a half feet tall?

You're still worth
the presumption of dignity.

You have a sickness--
a record of exposing yourself.

We will not
automatically conclude...

that everything you do
is illegal.

This-- This is
the United States of America,

and this is the land
where people go back
into that jury box...

and say, "Prove it.
Prove the crime.

"Don't you dare put a person's
deviances on display...

"and expect us to rush
to the automatic conclusion
that the crime was committed.

You prove it."

They didn't.

Oh, they put on
a great sideshow,
but no proof.

This isn't
an arena of innuendo,
ladies and gentlemen.

This isn't a forum
of foregone conclusions.

This is a courtroom
in the United States of America,

and in this room...

even when the defendants
are the disenfranchised...

you've still got to prove
the elements of the crime.

They didn't.

Uh, Mr. Frazier?

A known prostitute...

quotes a convicted flasher
a price of $300.

They are found
minutes later, naked...

in her bed.

Without passing comment
on the dwarf,

I would just like to say,

"Ask not what your country
can do for you.

"Ask what you can do...

for your country."

And then, maybe,

we can all build a bridge
to the 21st century.

Are you threatening me?

I'm simply saying,
given this liaison
between you...

and an associate
at Finley Hogue--

Who the hell
do you think you are?
This is blatant extortion.

If I wanted it to be blatant,
I'd do it in open court.
Would you prefer that?

Got a wife, Judge? Kids?

Why don't you fine me
50 bucks for saying that?

- Is this the way
you practice law?
- If I have to.

I think you better rethink
how you operate, counsel.

Look, I don't know
whether this relationship
makes you biased or not.

I'll give you
the benefit of the doubt
and say it doesn't,

but there is definitely
some favorable treatment
going Pearson's way--

Intentional or not,
I don't know.
I don't care.

I don't like it,
and I don't like you.

Nobody but nobody
comes in this room
and strong-arms me.

Fine. Let's just say
you came to this decision
on your own.

Emerson Ray
got screwed once
by the tobacco industry.

I won't let him
get screwed by you.

So get off this case.

What's the matter?

Nothin'.

I don't know if I can
hold this place together
anymore, Beck.

You'll work it out.

I'm not sure we'll get
by summary judgment
on the tobacco case,

and if Donna Braun's killer
gets off on insanity,

our wrongful death claim
gets wobbled.

Different standard of proof.

Even so, I borrowed
on the tobacco case
with Jimmy's bank.

Costs. Everything else.
We'll probably lose money.

And...

I just hired Jimmy...

to come work here
'cause he got fired...

for making that loan.

[ Chuckles ]

Oh. This wasn't exactly
our plan, was it?

Ten years ago
we moved into this office--

You, me,
typewriter and big dreams.

- Still got
the typewriter, anyway.
- [ Chuckles ]

And you still got me.

- Yeah.
- And you still got
your big dreams.

You'll work it out, Bobby.

[ Chattering ]
[ Holsten ]
A hung jury--

That's fate.
For me to get
a jury that's hung?

Don't you think?
Look.

The D.A. says
he's prepared to retry.

If that happens
after Sheila's trial,

and if she's convicted,
he'll have a better hand.

He might even deal
her sentence a little to get
her to testify against you.

So you'll cross-examine.
Prior inconsistent
statements.

Let's plead guilty.
A month's suspended sentence--
It doesn't mean anything.

You already got a record.

I don't want to go
to any sex clinic.

If that's part of the deal--
Mr. Holsten,
listen to me for a second.

Look at me.

So far you ain't
made it in life.

Me--
Seven years a lawyer,

and I'm still representing
guys who walk around
dropping their pants.

That tells me
I got some movin' up
to do too.

I like to look for victories
where I can find 'em.

This case here,
my little victory...

will be getting a sick guy
to go for some help.

If I can feel part
of getting a man
to face a problem--

an illness--
that would be something.

So I'm asking you.

If you don't want to do
anything for yourself,
then do it for me.

How long?

Two months.

Inpatient.

Please.

Okay.

For the last six weeks,

you have heard doctor
after doctor talk
about Ronald Martin--

How he was temporarily insane,
how he wasn't responsible.

He's this. He's that.
He's here.

Nobody talks about Donna Braun.

She's no longer
part of our reality,
is she?

She doesn't get to sit here,
day after day,

looking... human.

She's past tense,

and every day she becomes
a little more gone,
a little more forgotten,

until one day,
she doesn't exist at all.

And all you take back
into that jury room with you...

is him-- Ronald Martin.

That man right there
with the sad face.

Man with a priest
sitting behind him.

The man who all
the psychiatric experts
said such nice things about.

But also the man
who strangled Donna Braun
for seven minutes.

This was not
a snap flash of anger.

He choked her
for seven minutes.

He kept squeezing
and squeezing...

until her eyes
bulged out of her sockets,

until there was
no life left in her.

That's how he left her
as he drove off to the church
to beg forgiveness.

Now, Mr. Goode implores you
to protect the American
justice system.

What is that system?

Where rich people
buy acquittals?

Where, if you have
enough money, you're
entitled to one free murder?

Well, we need to know
that's not our system.

They need to know.

They lost their daughter--

their only daughter.

They need to hear you say
that is not our system
of justice.

We all need to hear that.

Mr. Pearson,
I'll hear from you.
Thank you, Your Honor.

I'm Anderson Pearson,
representing the respondent,
T.L. Michaels,

and pursuant to rule 56
of the Massachusetts
Rules of Civil Procedure,

we submit
the plaintiff's claim--
I'm sorry, Your Honor.

Forgive me.
I'm a little confused.

According to your clerk's
notice, we were to hear--
What is it?

"Any and all discovery
or pretrial matters...

before oral arguments
on summary judgment."

- There are no other matters.
- Well, actually,

there is one other
nagging little matter.

I've decided to dispense
with oral arguments,
Mr. Pearson.

I find there to be
several obvious disputes
of material fact in this case.

Defendant's motion
for summary judgment
is hereby denied.

Ruling in favor
of the plaintiff.

Moreover, I recuse myself
from this case.

Another judge
will be assigned.
Adjourned.

[ Murmuring ]

[ Ray ]
So what happens now?

What happens now is,
we get our day in court--

with a jury.

We are in the fight.
We are in the fight.

Oh.

Quite pleased, are we?

- What was all that, Lindsay?
- The beginning, Professor.

- Do you know
what you're in for?
- I think so. Do you?

[ No Audible Dialogue ]

Hey, Jimmy.
Eugene Young.

Don't know that we've
officially met.

Welcome.
Thanks.

Heard a lot about you.
[ Ellenor ]
We're very excited.

You need anything supply-wise,
just let me know. I already
got your phone line set up.

Oh, great.
Well, I don't need much.

A pad of paper
and somebody to sue,
you know?

Listen, uh, thanks for this.

I know it couldn't
have been good news,
bringing in another body--

especially mine--
but, uh, this is gonna be
a big year for me.

I promise.
I'm gonna win a case.

We have no doubt.

Thanks.

The judge will instruct
on Monday, then it's up
to the jury.

Any progress finding
the old girlfriend?

No.
We're running
out of time.

Miss Bork?
Thank you
for your words.

I hope the jury listened.
So do we.

It's almost over.
Yes.

Part of me
is glad for that.

Another part--

I wonder what
we're going to do
when it is over.

I'll see you.
Yeah.

Lindsay.

Uh, the tobacco case--

I want you to try it.

I think you're more
prepared on it than me.

Bobby, I--
I've never even done
a jury trial before.

Are you sure?

You've done all the discovery.
I think you're ready.

- You think you can do it?
- Uh--

Sure.
Tell me if you can't.

You don't have
to be a hero here.

I can do it.

Okay.

Let's go.

Next onThe Practice.

Ex-girlfriend of Ronald Martin,
and he beat the hell
out of her for two years.

Eugene, the jury
is already deliberating.

If you drag the jury
back in here...

and tell them,
"By the way, we have
discovered a new witness.

It's a woman that Ronald Martin
tried to strangle,"
we might as well...

save time and declare
a mistrial right now.

The jury is free
to disregard the witness.

That's your specialty--
convincing people
to ignore the truth.

Look, we can't match experts
with the tobacco industry.

If we parade up scientists
on addiction or dopamine
or whatever, we lose,

'cause whatever guns we got,
they got bigger ones.

We don't have the experts
because we couldn't
afford to hire any.

We don't have the-the
science on addiction because
we didn't do the legwork.

We're going with nothing
because that's what we have.
Nothing.

You're throwing me
this case not because
of any confidence,

but because you don't want
to take the fall.

- Mr. Donnell?
- Ready for trial, Your Honor.

Mr. Pearson?
Ready for trial, Your Honor.

Let's bring in the jury.

[ Woman ]
You stinker!