The Practice (1997–2004): Season 2, Episode 16 - Truth and Consequences - full transcript

Power lines?

We said 5000 for discovery,
and you're up to 9300.

We're just about done.
Last depo tomorrow morning,
pre-trial in the afternoon.

- We're basically ready to go.
- Who's the expert on liability?

You're basically ready to go
and you haven't got any expert
testimony to make your case?

I'm meetin' a guy who did
the major studies.
I think he could help.

Jimmy, why are you doin' this?

I think it's a decent case
and--
There's no case.

There's people with cancer
to feel sorry for,
but there's no case.

Hi.
Ten dollars on sixteen.
Super. Thanks.

[ Beeping, Ringing ]



[ Inaudible ]

[ Inaudible ]

[ Clicks ]

[ Gasps, Breathing Heavily ]

[ Footsteps ]

Oh, God!
[ Gasping ]

[ Dialing ]

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

[ Sirens ]
[ Woman On Police Radio ]
Robbery in progress.

[ Police Radio, Indistinct ]
[ Helicopter Blades Whirring ]

[ Chattering ]
[ Siren ]

- Would you recognize
him if you saw him again?
- Excuse me. Excuse me.



Excuse me.
You said he was
20 to 25?

Somethin' like that.
Yeah. He was a young guy.
Okay.

- Bec? You okay?
- Yeah, thanks for coming.

If she's okay with it,
we'd appreciate her goin'
through the book.

You okay with it, Bec?
I mean, lookin' at
some mug shots?

Yeah. Sure I am.

Is she okay?
She's still a little shook.

She was up all night lookin'
at mug shots and couldn't
make out anybody.

What's up in there?
Jimmy's depo.

Eleanor's in with him.

Did any doctor tell you
the cancer came from
exposure to power lines?

No, sir.
Did any...

trained medical professional
say that electromagnetic
fields...

could have been a factor?
No, sir.

Now, in your interrogatories,
you said it was a P.T.A. meeting
that quote,

"Gave you the idea."
Yes.

Yeah. Could you please
describe that P.T.A. meeting?

I was talking to Leslie Dawson
and she told me
she had melanoma.

She was sharing her secret
because,

well, she felt some relief
in telling people.

When she told me,
I gave her my secret.
I had brain cancer.

Okay. And then how did you
make the leap that it was
caused by power lines?

Object to the form.
You can answer.

Well, I had read before that
power lines, it was thought...

they could be radioactive.

And a power line field
practically ran right
through our neighborhood.

So I thought,
"Who knows?"

I decided,

hell, I'll just walk
around the neighborhood
and ask people.

I started with my
next-door neighbor Jerry.

Jerry answered the door and
said, "Hey, Kevin, what's up?"

I said, "I have brain cancer,
what's new with you?"

He, uh,

had a tumor in his head
that was inoperable.

He didn't want to tell anybody.
And when he did,
he just broke down.

Okay, and then what happened?

I remember thinking,
"Oh my God. There's cancer all
through this neighborhood."

All I wanted to do was rush
home and get my wife
and kids tested.

I didn't care about his tumor.
I didn't have time.

All I could think of
was my family.

We all went into the hospital
that day, and, uh,

did all the tests.

And the results of those
tests were negative?

Oh, yeah. They were negative.

My seven-year-old
boy had leukemia.

Um--

Uh--

I'm sorry.

Is there--
Is there any reference
to this in the pleadings?

- No.
- Could you tell me why not?

'Cause when I sat down
to tell him that...

he was really sick,
he knew he was dying.

He said, "Daddy, please
don't tell anybody."

[ Phone Ringing ]
You--

You caught him?
We think.

You up to a line-up?

You-- Now?

- Well, I suppose we could wait.
- Now is good.

- You sure?
- Yeah. Let's go.

Okay.

[ Man ]
Go all the way to the left,
stand at the marks facing right.

- [ Loud Bang ]
- Number one, turn and face
forward, please.

Number two, face forward.

That-- That's him.
Take your time.
Are you sure?

That's him. Am I done?
Done.

I understand, Your Honor,
but on some occasions...

judges have taken judicial
notice of scientific studies.

Yes, well this wouldn't
be such an occasion.

Unless he can cross-examine
the proponents of the study.

They live in Sweden.
We have no way
of getting them here.

But that's your problem,
not his.

I can't let you put in
scientific evidence...

without giving
the defense opportunity
to take their whacks.

The Swedish study is excluded.
What else we got?

The witness list, Your Honor,
has not been completed
pursuant to your order.

It's completed except
for maybe one witness.

There's possibly, maybe,
one more we could add.

Other than that, it's--
Are you serious?

The reason for witness lists
is so the other side
knows what's coming.

I understand, Judge,
but so far--

I'll give you till 10:00 a.m.
tomorrow. After that the list
is frozen, no additions.

- Anything else?
- Yes, Your Honor.
I'd like to suggest...

that we bifurcate the trial
into two phases--
Liability and damages.

This would save us
a couple of weeks,
maybe a month.

- I'm inclined to agree.
- Your Honor, we strenuously
object to that.

- It would completely compromise
our case.
- I think what counsel fears...

is that it would make clear
they have no case.

May I confer with
my co-counsel for a second?

Make it quick.

[ Whispering ] If the trial gets
split, we're dead. The clients
won't get to testify.

Why?
Because their stories go to
damages, not to liability.

And he doesn't want the jury
to hear what we just heard
in the deposition,

so he's trying
to cut them off.
I'm not followin'.

Jimmy, think.
If we lose on liability,

then the case is over,
we don't even proceed
to damages.

And we don't really have
a case on liability.

Your Honor, we, uh, vigorously
object to splitting the trial.

Well, of course they do,
Your Honor.

Because they're planning
to use emotion to make up
for their lack of evidence.

You don't know
what we're doing.
Do you?

I have to say, Mr. Berluti,
I share Mr. West's concern.

If you are planning to parade
a lot of sad, sick,
cancer victims before a jury...

without evidence
of causation, I won't let you.

Moreover, judicial economy is
something I take very seriously.

- I'm granting the defense
counsel's request.
- Thank you, Your Honor.

I move for an interlocutory
appeal immediately.

I'll kick you upstairs and
you can do it this afternoon.
That should be immediate enough.

But you're not buying any more
time on witness lists.

That's frozen.
Adjourned.

[ Gavel Raps ]

Jimmy.
Get away from me.

Jimmy!
Eleanor, get out of my face for
a minute. I just need a second.

Which you're not gonna get.

- [ Grunts ]
- All right, Jimmy, it is time
to shut up and listen.

I don't care if this hurts your
feelings, but that was some
terrible lawyering in there.

First, even trying
to get the Swedish
study admitted is stupid.

Of course the judge can't
allow it if the defense
can't cross-examine.

And even by asking you
undermined your credibility,

not to mention
you make the case seem
that much more desperate.

And, second, where the hell
were our clients?

They didn't need to be here,
not for a pre-trial conference.

Oh, you think it
would have been easy for
the judge to slap us...

if he had to see their eyes
staring back at him?

Judges are human too,
and without our people
in the room...

you made it a lot easier
for him to be impersonal.

All right, this is
what we are gonna do.

You are gonna track down
that expert witness,
and I'm gonna go find Lindsay.

- Lindsay? Why?
- Because if we're gonna have
any chance at appeals,

we need our presentation
to come from somebody
who's got a good reputation.

She's got one. You don't.
Come on, let's move.

You'll have time to feel sorry
for yourself later.

Yeah, yeah.
We need the motion
scheduled for a Friday...

'cause I know the Judge
likes to go to the Cape
on Fridays.

Yes, in the winter,
and he grants everything
ex parte on Friday's.

Trust me.
Schedule it for a Friday
and we're home free.

Thank you.
Ms. Washington?

Yes?
Miguel Moreno.
Nice to meet you.

I'm here about my brother Luis,
he's in some legal trouble.

What kind of trouble?

Well, you just picked him
out of a line-up just
a few hours ago.

Now the police think
that he killed somebody.

Well, he did kill somebody.

Ms. Washington, I'm sure
that you're mistaken.
I'm sure I'm not.

[ Scoffs ]
Forgive me for interrupting
your busy day.

But I would do anything
to save my little brother.
Is that a threat?

Miguel Moreno.
And you would be?

Somebody who you don't want
to be makin' threats to.
[ Laughs ]

Hey, I'm just asking
Ms. Washington...

to think hard about who
she points her finger at.

'Cause a wrong
decision could be...

a tragedy.

Get out of here.
You got any brothers?

[ Whispers ]
I said, "Get out."

Let's all be careful.

[ Door Slams ]

It wasn't a direct threat
word-wise,
but the spirit was there.

Let's run probation on him,
see what we can find out.

What were his exact words?
He loves his brother.

And when's the probable
cause hearing?
Tomorrow.

- Where's Lindsay?
- Bankruptcy court, all day.

- Damn it. Can we page her?
- What's the matter?

Jimmy fell down at the
pre-trial. The judge screwed
us by splitting the trial,

and now we have to try the case
on liability alone first, which
we're appealing in 45 minutes.

- Where's Jimmy now?
- Trackin' down a witness. We
decided we needed evidence.

Listen, can you page Lindsay,
tell her we need her at the
Courthouse right now?

Hey, are you okay?

- I'm fine.
- Okay.

- I'm fine.
- [ Dialing ]

[ Chattering ]

[ Chattering ]

Mr. Helms.

James Berluti.
Could I, like, talk a second?

I thought I made it
clear on the phone.
I can't help you.

You made it clear
you wouldn't help me.

Could we, like, maybe
go for a beer or somethin'?

I'm a drunk.

Yeah.

So you can see, I wouldn't
make a very great expert
witness, would I?

Well, whether you would or not,
you're all I got.

You're the one who did the
studies on those power lines
in Fairfield.

The studies were dismissed,
as was I.

They had to dismiss those
studies.

Otherwise they would have been
lookin' at a thousand lawsuits,
a zillion dollars in damages.

I wouldn't ask, but--
Mr. Berluti.

I spent four months at McLean
after a nervous breakdown.

By 5:30 sharp,
I am drinking.

Now why the hell would
you want to rely on me?

'Cause I'm desperate.

And I got twelve
clients with cancer,
more desperate than me.

And you actually think
that I can change that?

What's to lose?
What's to lose?

I'll tell you.

Even though I'm still drinkin',
I'm functional again.
I got a day job.

I put on clean underwear
every day.

I even got a lady who's either
crazy about me or just crazy.

I go up on that stand,
we both know the score.
They're gonna tear me down.

They're not gonna spare
any expense.
They're gonna rip me apart.

And it's gonna
be in the papers
for everybody to see.

My lady will read it,
my ex will read it
as she fights visitation.

My kid will read it.

Now, I got a pretty good
status quo goin' here.

That is what
I got to lose.

Now,

tell me my throwin'
that away is gonna count
for somethin' in the end.

We could send some officers
to warn the guy.

But he hasn't said
anything we could actually
arrest him for.

You see his rap sheet, Helen?
Look, I'd love to take this
dirtbag off the street.

We lost him two years ago
on a homicide because
the confession was coerced.

I mean, we knew he shot
a policeman, we just couldn't
prove it, even though--

Exactly.
The guy's a killer.

Now he has made a deadly threat.

I don't care how well he's
disguised it, we gotta do
something to protect her.

If she wants a police escort,
I could arrange it
for a few days.

- But beyond that--
- Okay, what if Rebecca doesn't
testify at the P.C. hearing?

Not good. They haven't found
the weapon yet, he didn't
test positive for residue.

Because he had gloves.
Which also haven't been found.

The whole case right now
is Rebecca.

If she doesn't testify,
from what I hear, we may
not make probable cause.

Where is she?
They're comin' in.
The elevator. Yeah, right.

Judicial economy
was the main argument.
There was no transcript.

It was all about time--
Saving time.
[ Bailiff ] All rise.

Yes. And don't forget,
there wasn't any notice.

He just sprang it.

All right.
Maybe you should do it.

Unfortunately, my reputation
isn't too much better than yours
with two of these judges.

- We're better off with Lindsay.
I'll fill in the gaps.
- [ Bailiff ] Be seated.

Okay. The issue,
hot off the press, it seems,
is the splitting of the trial.

Yes. Your Honors,
we feel, as indeed did
Judge Walsh,

that an enormous amount
of court time would
be spent on damages,

considering there
are multiple plaintiffs.

So, why not answer
the liability question first?

That's a nice premise, but
it's all based on the assumption
that we lose on liability.

If we win, you'll end up
spending more time. You'd ask
the jury to deliberate twice,

you'd also probably
be duplicating some
of the testimony.

That goes against judicial
economy.

If and only if you prevail on
liability, which given the
evidence seems highly unlikely--

The reason they want the trial
split is simple.

We had a deposition
this morning.

One of our plaintiffs talked
about his son having leukemia.

It was emotional.
It was powerful.

And when it was over, Mr. West
said to himself,

"We cannot let that witness
ever take the stand.

We cannot let a jury hear
what we just heard."

So how does he
accomplish that?
By splitting the trial in two.

And I must say
it seems to make sense.

Liability should be decided
on fact, counsel, not emotion.

[ Lindsay ]
And we trust a jury to
distinguish between the two.

The whole essence of a
jury trial, Your Honor, is--
Oh, dear! Oh, dear!

Now here comes her
Constitutional repertoire,
you see?

Did you bring your flag today?
Since you raise it,
what about notice?

He didn't file any motion
to split this trial.

He suddenly raised it
as a suggestion,
and the court granted it.

If we're really interested
in saving time, please.

That ruling almost guarantees
us an appeal.

Now it's you assuming
your own defeat.

Win or lose, my clients should
get their day in court. Trial
splitting is to prevent that.

They're trying to keep
our clients out
of the witness chair.

But your clients will get
to testify if you satisfy
causation, counsel.

The science part of this case
is gonna be dry and
God-awful boring.

Stodgy excruciating expert
testimony.

By splitting the trial into two
sections, you're giving the jury
the option of getting out early.

All they'll have to do is
just say, "No," on liability
and they get to go home.

My clients will not get a fair
trial by splitting this trial.

Your clients have no case.

All right. We've heard
the arguments. We'll let you
know end of business.

[ Elevator bell dings ]

Thank you.
I don't know, Jimmy.

You were amazing.
You were.

So, how'd it go
with the witness?
I don't know.

Maybe I should get you
to talk to him.

Just try to get an offer,
Jimmy. Anything.

[ Sighs ]

What I'm about to say is
inconsistent with everything
I've ever stood for.

Bobby. You're the most
inconsistent person I know.

I'm never sure exactly
what you stand for.

Oh. Well, in that case,
let me continue to expand.

I don't think you should
I.D. the guy at the probable
cause hearing.

- Are you serious?
- I don't think the police can
protect you against this guy.

He's got two aggravated
assaults,

they know he committed
one murder, the case got tossed.

They suspect him on two others
they can't prove.
He's a psycho.

He might very well carry
through on his threat.

What--
What are you suggesting
I let this guy win?

I-- I know it sends
a terrible message,
and there's...

and there's ten reasons
for you not to let him win.

But, Bec,

I'm sitting here looking you in
the eye and I'm tellin' you...

your life could be
at stake.

Listen. I'm, uh--
I'm sorry I sort
of lost it with you.

You didn't lose it.
I lost it.

Jimmy, you were great
at the summary judgment.
I think--

Hey, Eleanor, do me a favor?
What you said this
morning didn't insult me.

Don't insult me now.
I know what I am.

I'm 37 years old,
I got...

700 bucks to my name.

I was hired here
as a charity project,

and this case is a big
bone for me to chew on.

I'm a failure.
I got it.

Jimmy, you're stayin' up
half the night fighting
for sick people...

who've got nobody else
to fight for them.

You're spendin' some
of your own money too.
You think you're foolin' us?

I've known bigger failures.

[ Sighs ]
You're here early.

Yeah.
A lot to do.

Yup.

[ Sighs ] Rebecca, I know
Bobby spoke to you.

And I know better than to try
to convince you of anything,

and I don't even know what
you're plannin' to do,
but for my money,

you gotta give this
probable cause hearing
some serious thought.

Eugene,
the guy committed murder,
and I'm the only witness.

- I know this.
- You want me to pretend
I didn't see anything?

The big picture, no.
Lookin' only at you--

- Morning.
- Morning.

Hey, Jimmy.

Oh, um, Jimmy,

this came for you
from the clerk's office
at appeals last night.

- What?
- I didn't open it.

I-- It was late, so--
Do you want me to open it?

The power lines.

Uh, it may just be a notice
of appearance, Jimmy, it's
not necessarily their ruling.

It's the ruling. Whether we have
to split the trial or not,

the answer's right here.

Well, maybe
you should open it.

Here.

"The decision of the trial
court is hereby reversed.

Liability and damage phases
shall be consolidated."
No split.

- Ah.
- [ Sighs ]

- Morning.
- Morning.

[ Gasps, Laughs ]

Basically, we'll run
through the event.

I'll ask you about the line-up,
and I'll ask you to I.D. him
in the room.

Got it.
You ready?

Ready.
I know you've been threatened.
Thank you for doing this.

- "Thanks?" Is that all?
- We could put a squad car
in front of her house.

You know these things
usually end up being
empty threats.

They're usually made by people
who never follow through.

- We're not dealing
with such a person here.
- What do you want me to say?

It's what you're not saying
that's talking the loudest.

We'll be ready to start
in about 20 minutes.

Rebecca.

In organized crime,
there's a certain code.

With gangs there is no code.
They just kill to kill.
They don't even think about it.

And this guy, his brother?
He is a psycho.

- Who are we kiddin'?
- No. I think she heard it
that time.

Good morning.
My name is Joel Helms,

and I'd like to talk to
you about some exciting news...

with respect to long-distance
telephone service.
[ Man ] Gee, now's a bad time.

Can you give me your home
number and I'll be sure
to call you back?

Go away.
Yesterday you asked me
to look at you.

I did. And I thought
about you last night.

You reminded me a little of me,
esteem-wise.

The difference is,
I haven't given up. You have.

Lean in a little closer.

I got all the Tony Robbins
tapes. If he couldn't do it,
I don't like your odds.

You did all those studies.
I'm offerin' you a chance
to make good on 'em.

Jingle-jingle, and I suppose
you get your wings after.

Next time you visit your kid,
Mr. Helms, you can tell him,

"I'm tryin' to stop the
government from killing people."

Or you could tell him,

"I got somebody to change their
long-distance company today."

Your choice.

[ Prosecutor ]
And after the shots,
you did what?

I saw the man shooting the gun,
I ran behind my car for cover.

[ Prosecutor ]
Now, the man doing
the shooting,

he was the same man you
saw inside the store?

Yes.
Did you have opportunity
to see this man again?

Yes, at the--
At the police station.

In a line-up?
Yes.

Did the man that you identified
in this line-up,

was he the same man that
you saw inside the store?

- Yes.
- The same man
who shot the attendant?

[ Clears Throat ] Yes.
Ms. Washington,

do you see that man
in this room today?

Yes.

Could you identify him
for the court?

Ms. Washington, could you
please point at the man
if you see him in this room.

- Him.
- You're sure?

- I'm sure.
- Is there any possibility
in your mind...

that the defendant sitting
here today is not the man who
shot and killed the attendant?

No. That's the guy
that did it.

[ Prosecutor ] Thank you.
That's all.

- Counsel?
- Nothing, Judge.

Ms. Ward?
That's it, Your Honor.

I'm finding probable cause.
Defendant is bound over.
Next case.

- [ Gavel Raps ]
- [ Chatter ]

[ Chattering ]

[ Man ] Excuse me.

You're one of them honorable
women, I guess, huh?

- You're standin' in our way.
- Like that Shakespeare
character, Brutus.

"Brutus was an honorable man."
Isn't that how it went?

- I'm not gonna ask you
to move again.
- What happened to Brutus, huh?

Hey, hey, come on!
Eugene!

- Come on! Eugene! Come on!
- Break it up!

Come on! Come on!

- I know where you live too.
- Oh, yeah! Go there first,
you hear?

- Come on!
- Take him to my office, please.

You can't take me into custody,
that's custodial.

I know the law, lady,
you have to make an arrest.
You cannot just take me away.

Arrest him, cuff him,
read him his rights,
then take him to my office.

[ Grunts ]

[ Officer ]
You have the right
to remain silent.

Anything you say can
and will be used against you
in a court of law.

Did he say yes?
No, but I'm wearin' him down.

I put him on the witness list,
just in case.

I see. And who is this
Tufts professor?

Oh, some epidemiologist who
kinda supported Helms' study.

- And he'll testify?
- Says he won't,
but I'll work on him, too.

You can't put these guys
on the list if they're not
gonna testify.

I don't know for that they
won't, but if I don't put
them on, I can't use them.

- What did West want?
- I don't know,
he said he wanted to talk.

Maybe he's gonna offer us
something.
Hey, lookin' up can help that.

Oh, Your Honor.
Hello. My fault.

I'm told you prevailed
at appeals.
Yeah.

And I just filed
our witness list.
We're all set.

Don't be trying to make
liability with tears,
Mr. Berluti.

That's a friendly warning.

Yeah, you've been so friendly
my cockles are overheating.
Jimmy.

Ready for trial, Judge.

[ Door Opens ]

Your threats are on record,
Miguel.

I may not have enough
to hold you,

but if Rebecca Washington
catches a cold,
I'll send the boys.

Look at me now
or you go to lock-up.

- For what?
- For fun. Mine.

You don't go near her.
You don't talk to her.

Even breathe in her direction,
and I'll book you on assault.

And if you think I'm kidding,
you're every bit as stupid
as you look.

- You want my home address now?
- [ Laughs ]

Uncuff him
and get him out of here.

[ Handcuffs Rattling ]

[ Sighs ]

She wasn't cross-examined
up there, was she?

So what does that mean,
"She wasn't cross-examined"?

It means if anything should
happen to you between now
and the trial,

the D.A. wouldn't be able
to use today's testimony
as evidence against Moreno.

What are you talking about?

Prior testimony isn't
admissible unless it was
subject to cross-examination.

You'd have
to testify at the trial
to put Luis Moreno away.

If you weren't available
to testify,

it's not like we could
substitute today's testimony.

Because I wasn't cross-examined.

Basically.

Is that why I wasn't
cross-examined?

So if I show up dead,
my testimony doesn't count?

I can't prove that.
But usually,

defense attorneys cross-examine
forever at probable cause
hearings.

It's free discovery.

Rebecca, I'm going to assign
a unit to stay with you, okay?
Oh, come on.

They'll park outside
your house, your office,
and take you back and forth.

[ Door Opens, Closes ]

All right, here we are.
On the doorstep.

Now, you have
11 named plaintiffs,
including children,

so let's assume the court allows
you to add the other two,

that brings
the number to 13.

Now, we've run the numbers--
Time, expert testimony, costs--

We put a figure of
$496,000 on the trial.

[ Sighs ] Boston Power,
obviously, isn't gonna be
thrilled with that.

Shave off a hundred,
I think I can make 'em bite.

That's three-nine-six.
That's $30,000 per plaintiff.

No admission of any liability.

And the settlement
is to stay sealed...

with the exception that
you put out a release
to the effect that,

"Well, we thought it would
be best to settle since
we couldn't prove causation."

So in other words, you'll give
us the money if we acknowledge
we had no case.

That's it.

Thirty's low for cancer,
especially since two of the
plaintiffs are terminal.

Low, but realistic
under the circumstances.
I don't disagree.

But for cancer and silence--
Silence is much more expensive.

You have a number?
I would at least double it.

Add to that our press release
that we had no case,

that's a pretty big chip,
we all know that.

And that helps send
a message to those would-be
plaintiffs out there...

"Hey, you'd better forget about
it." So, let's just say
conservatively,

it prevents three future
lawsuits-- and that is
conservative--

and let's put a price tag
of 400,000 on each one
of those trials--

No, no, no. Come on.
It wouldn't be that much.
The start-up work is done.

I discounted that already.
You got a number close to five
for the trial alone.

I'm putting four on the whole
thing, start-up included,
discovery included. Four's low.

It's three trials at four.
It's 1.2 million.

Mm-hmm.
That would be our number.

Well, I'm telling you,
they won't pay that much.

I mean, they have no real fear
of losing, so why should they?

They certainly have a fear
of being sued. This press
release would be gold.

Well, from a major firm,
maybe. But from this one, I--
I don't know.

This is the firm that took
a tobacco company
for one-seven.

You've been underestimating us
from the start, Mr. West.

Are you sure you want to keep
doing that?

Bec. Could you contact
all the clients and see
if they can come in?

- We may have an offer.
- You're kidding?

Nothin' official yet,
but by the time he leaves,
we'll have a number.

- Jimmy.
- Yeah. I know.

[ Gasps ]

What?

Dead pigeon.

How could he have
gotten in here?

Okay.
Okay, what?

Go, Bobby. Leave.
Helen--

Two cops are on their way
to my office. I don't want them
thinking this is a favor.

Remember, you're off
the Christmas card list.

- They're here.
- Oh, great.

Stay here.

[ Door Slams ]

He's killed before.
We also suspect him
in a police shooting,

the one that paralyzed
Officer Camden.

What do you want us to do?

Here's his home address.
Follow him.
If he jaywalks, bust him.

Now, we're told he carries.

So, you'll have to use
your judgment. Am I clear?

Yep.
Thanks.

I'll owe you one.

We are very excited.
Very.

They've offered us a package
of $995,000.

[ Sighs ]
That's almost
a million dollars.

We consider it fantastic.

We still think we can wiggle it
up over a million, but that's
pretty much the ballpark.

That comes to roughly
$76,000 per person.

It's a structured deal,
which means it's not all
payable up front,

but it's all payable
within six months.

This is unbelievable.
Last week they
offered nothing.

The cost of an actual trial
and with the slightest
possibility they could lose--

Kevin, I think your deposition
put the fear of God in them.

Zero to a million in a week.
Let's string it out
another week.

- [ Laughter ]
- Okay, now for
a few of the conditions.

The deal has to be sealed.
We can't talk about amount.
They don't admit liability.

And we have to sign
a statement saying that
we didn't go to trial...

because of the causation
problems in our case.

These are all pretty reasonable
concessions in my opinion.

They don't admit
they were wrong?

No.

Wasn't that sort of the...
point?

May I ask something?
Sure.

This contingency agreement,
you take one third, right?

Yes. Plus costs.

Nine-ninety-five, uh,
minus 330-something,

we basically get
51,000, not 75.

Something like that, yeah.
Mm-hmm.

And they don't have to admit
they did anything wrong.

And we have to make a statement
saying we can't prove our case.

I mean, that's what,
like, uh,

sending out a message to
everybody else, "Don't sue,
you can't win," right?

Well, that's one way
of putting it, yes.

And you get $330,000.
Would that be another way
to put it?

I beg your pardon?

I'll only speak for myself here.
I think this deal stinks.

In fact, I think
it's offensive.

When we came to you, did we
say anything about money,
Mr. Berluti?

Every lawsuit is
about money, Maureen.
Not to me.

And I don't think to the other
people in this room.

We're dying, Ms. Frutt.

My daughter has a tumor
in her uterus. She's nine.

If, uh, one person rejects
the offer, it's revoked for all.

- I reject it.
- So do I.
- So do I.

[ Sighs ]
You two are the only ones
who win with this deal.

You make me sick.
Hey. Please.

Sit down, Maureen.

Now, I suppose it's politically
incorrect to call cancer
victims a bunch of whiners.

But let's 'fess up.

No other lawyer would touch
this case because it's
the case that stinks.

Did those power lines give you
cancer? My bet is yes.

Can we prove it in
a court of law? My bet
there is a resounding, "No."

He took this case, not because
he was greedy, but because
he felt sorry for you.

And against all odds,
he got you an offer like this,
it's a miracle.

Close to a million dollars,
I am sorry, but that is
as good as it's gonna get.

And while you certainly have
the right to reject it,
if you do,

I'm gonna recommend
to Bobby Donnell that we drop
you as clients.

We're sympathetic,
but we are certainly not
gonna bankroll your rage.

We're not asking you
to bankroll our rage.

We understand this is
a place of business.
But to sell out--

My daughter just celebrated
her last Christmas.

And for them not to admit
they're wrong?

I don't care if I screw
it up for everybody.

I don't.

I, uh-- [ Clears Throat ]

I think maybe, uh,
you should all meet.

Get Maureen, meet together...

without Eleanor and me.

Figure out what you want to do.

We're all with Maureen
on this, Jimmy.

The decision that needs to be
made seems to be yours.

Will you continue to be our
lawyer or not?

[ Sighs ]

If you choose to go forward,
I'll be your lawyer.

I can't speak
for Eleanor, but...

I think she'll come along, too.

Come on, Bec.
I'll walk you out.
I still have stuff to do.

Yeah, well, I got to go to bed,
and I'm not leavin' you here.
Eugene--

I'm not leaving you here.

Jimmy?
Will you lock up for me?

- Sure.
- [ Door Rattles ]

- Get down.
- I-It could be maintenance.

Get down.

[ Groaning ]

Who are you?
Helms.

- Joel Helms.
- Mr. Helms!

G-Get him up.

Nice.
What can I do for you?

Probably about as much
as I can do for you.

- He's sauced.
- Hmm? Does that mean drunk?
I certainly am.

[ Laughs ]

But I'll be sober
in the morning.

Thank you.

If you have any coffee,
you might want to start
preppin' me now.

I don't know, Lindsay.
I mean if he's really serious
about trying this case.

You should be the one to do it.

How much more money
can we afford to lose?

[ Lindsay ]
You really want
three lawyers on it?

No, but--
[ Loud Kissing ]

What was that?
What?

It sounds like a kiss.
Is that you, Helen?

Yes, it's me.
Want to come over and join?
Funny.

[ Laughs ]
[ Ringing ]

11:30.
Better be good.

[ Sirens ]

[ Chattering ]

Helen?
What happened?

The brother.
Officers approached. Evidently,
he went for his weapon.

They opened fire.

[ Camera Shutter Clicking ]

- Did he have a gun?
- He did.

They said they were following
him at your request.

That's right.

Well, it looks justified.

I guess that witness will
sleep better now, huh?

Yeah. Okay.

Nothing much for me here.

Nope.

[ Thunderclap ]

[ Woman ]
You stinker!