The Practice (1997–2004): Season 5, Episode 12 - Payback - full transcript

LINDSAY: Previously
on "The Practice"...

We find the defendant
William Hinks not guilty.

Since you are treating him,
I would just like you

to prevail upon him
not to stalk me anymore.

I can't promise
I'll be effective,

but I'll certainly try.

Jean Reynolds
had a heart attack.

What? I don't care
what the doctor said.

A woman in her 30s doesn't
just suddenly turn up dead.

-It was William Hinks.
-He scared her
into having a coronary?

-At least order an autopsy.
-Lindsay, you were right.



She was injected
with liquid nicotine.

-It simulated all the
conditions of a heart attack.
-So she was murdered.

I want to know where
you were two nights ago.

I believe I was home alone
watching "Taxi."

You think that's funny,
William?

While the joke
could be lost on you,

I'm sure Lindsay is about
to find herself in stitches.

She's being threatened,

and her life
could very well be in danger.

$50,000 cash up-front.

I'm not hiring you to --

I just want you to scare him.

I'll take care of it,
Bobby.

Hinks?



Yeah.

Where's his head?

You have any suspects?

Not yet.

I asked for my lawyer.

This is Bernard Shanly.
He's a public defender.

I don't want a public defender.
I asked for Bobby Donnell.

Mr. Neel, I'm going to
advise you to just listen now--

You listen. Beat it.

Shut up, Alan,

and just don't talk
for a second.

You have a problem, Alan.

The man you killed
was a bit of a security freak.

He had cameras.

One of them picked you up
entering his house.

He also managed
to activate his phone machine,

which partially recorded
an exchange between you two.

ALAN: You picked
the wrong girl to terrorize.

Bobby Donnell
is a friend of mine.

We got kind of
an arrangement going.

I kill people.
He gets me off.

Over the years,
I'm in his debt pretty good,

so when he calls in
a favor --

WILLIAM:
I have a silent alarm.

The police are on their way
as I speak.

Then I'd better not
waste time.

Before you touch me,
you should know --

I have cooties.

ALAN:
Well, you're a funny boy.

WILLIAM: Please!

(choking sounds)

-(beep)
-WOMAN: You have
exceeded the time --

(tape recorder clicks off)

You see, Alan?

I don't think Bobby Donnell

is the lawyer
you want to be calling.

♪ (theme)

-Did you feel that?
-Ooh, I felt it.

-I didn't.
-You didn't feel that?

Oh, come on.

What about that?

That I felt.

Is that normal?

ELLENOR: Hey, Jimmy,
how come you never ask

to feel my stomach?

Oh, don't start with me,
Ellenor.

Bobby, Alan Neel.

What about him?

He's been arrested
for William Hinks' murder.

Arrested when?

Last night.
They got him in lockup.

He's being arraigned
at 9:00.

Privacy.

-Bobby --
-Calm down.

-Bobby, they know.
They got it on tape.
-Keep your voice down.

-He had some
recorder thing going.
-Who?

-Hinks. The guy
you had me whack.
-Hey, I didn't have you --

-They got it on tape!
-Alan, calm down.

They want me to turn state
against you.

What?

They got me on tape,
how, you know, you sent me --

-Who wants you to turn state?
-The cops...

and that midget D. A.

Bobby, they got us both.

What exactly
do they have on tape?

Me telling Hinks
that you sent me.

All right, first,

I never sent you
to kill him.

-Oh, come on.
-I said scare him.

-Now come on, Bobby.
-I never said --

Look, we're in deep here.

If you're going to
turn against me --

I'm not turning
against you, I'm just --

Okay, okay.
We need each other.

We're in trouble,
so, look,

let's just get
on the same page here

and admit that you had me
kill the guy.

What?

I did not
have you kill him.

I'll be seeing you, Alan.

Guard!

Bobby Donnell...

What's going on?

I'm sorry.

Mike.

You're under arrest
for the murder of William Hinks.

You have the right
to remain silent.

Anything you say can and will
be used against you

in a court of law.

You have the right
to an attorney.

If you cannot afford
an attorney,

one will be provided for you.

What?

It just happened.

He's being arraigned
this afternoon.

-I'm on my way.
-I'm going, too.

-No, Lindsay --
-He's my husband.
I'm certainly entitled to --

you're seven months
pregnant.

-So what? Ellenor.
-He's right, Lindsay.

You don't want to stress
yourself into miscarrying.

Stay here.

I'll call you.
Jimmy, come on.

Karen?

Hey, Bec.
Can I talk to you?

Well, sure.
Is everything okay?

I think I'd like to hire you.
Are you free?

Let's go in here.

It's their fault,
Rebecca.

Why shouldn't they
take responsibility?

I'm a widow
because of them.

Maybe they should,

but to hold an employer liable
for an employee's suicide --

They worked him so hard.
They verbally abused him.

Law firms push associates
all the time.

They all work long hours.

This went beyond that.

We both know Keith suffered
from depression.

Which they were
responsible for.

Well, did any doctor
say that?

Look, Rebecca,
you're my friend.

If you won't help me --

Of course I'll help you.

I'm just saying
that your husband suffered

from a pre-existing
mental --

That law firm
drove him to suicide,

and I want to sue them.

Was it foreseeable to you

that Keith was going to
take his life?

No.

Then how do we really argue

it should have been
foreseeable to them?

Please...

I just need to do this.

They --

I need your help.

All right,
let me set up a meeting.

I'd like to file
a complaint

contemporaneously
with the meeting,

let them know
we're serious about this.

First let me meet --

No. Just file
the complaint,

then we'll meet with them
and go from there. Please?

It can just be boilerplate,
but it'll send a message.

Okay, but I have to
tell you, Karen,

I'm only doing this
out of our friendship.

As a lawyer,

I don't see much merit
in this case.

They killed him, Rebecca.

They drove him
to take his life.

I guess they're going
solicitation.

I kind of went into shock
when he was reading me.

Wait a second.

Alan Neel
really did kill Hinks?

Yes.

And how did they
connect it to you?

I met with Alan
the night before.

I told him to scare Hinks.

What do you mean,
you told him to scare him?

-I just--
-Scare Hinks?

Yes, Hinks.

He killed his shrink,
he was threatening Lindsay.

I told Alan to put
the fear of God in him.

And now Alan is
evidently claiming

that I asked him
to kill Hinks.

He was wearing a wire.

I think he's made
some kind of deal,

and now they're after me.

They're after me.

Case 32899, Commonwealth vs
Robert Donnell.

Breaking and entering

with intent
to commit felonious assault,

conspiracy to commit murder
and felony murder,

and murder in the first degree.

Eugene Young
for the defendant.

We enter a plea
of not guilty on all counts.

I also ask that my client

be released
on his own recognizance.

Given the severity
of the charges,

the Commonwealth opposes bail.

He's not a flight risk,
nor is he a threat to society.

Unless you get him mad.

I don't find that funny.

Obviously, Mr. Donnell has
strong roots in the community.

He's a respected member
of the bar --

I don't know to which bar
my colleague is referring.

I'm setting bail at $100,000,
$10,000 bond.

Let's conference later
for a trial date.

Anything else?

-Adjourned.
-(bangs gavel)

We'll get the bail posted.
It'll take about an hour.

Okay. Hey.

-You okay?
-Yeah.

We got to take him.

-I'm going with him.
-I don't think
that would be --

Don't think, then.
I'm going.

You hear the counts?

Yeah.

They're not just going
solicitation.

They're charging first degree.

Okay. 4:00.

I appreciate that.

Thank you. See you then.

There's a surprise.

He's coming here.

Who?

The managing partner

of the law firm
Karen wants me to sue.

Rebecca, don't get me wrong.
I love the underdog, but --

She's a friend.
She wants to do it.

Maybe I can scare up
some nuisance change.

Who knows?

How'd it go?

Obviously it all comes down
to the credibility of Mr. Neel.

The reason
for this assemblage --

I do not want this one
slipping away.

Robert Donnell is an enemy
to this department.

Three years ago,
he tipped off his drug clients

to an upcoming police raid,

which led to the shooting death
of two officers.

He has routinely manipulated
the judicial process

to prevent murderers
from being incarcerated,

and he has embarrassed us all
while doing so.

As far as this office
is concerned,

this prosecution is payback.

Now, you will all be assigned
specific roles --

Excuse me.

Yes?

Nobody wants to beat
Bobby Donnell more than I do,

but this thing
being politicized...

I beg your pardon?

It's one thing to charge him
on the facts of this case,

but his previous history
with the department

should have no bearing
on this prosecution,

and I think
a departmental vendetta --

That's not what this is.

It sure sounds like it.

Bobby Donnell's
previous history

with this department
is only relevant

to the extent that it will be
played up in the press.

Given the added attention
to this case,

I'm concerned from
a public relations standpoint,

and therefore
I think it's important

that we all do a good job.

That's not what you said,
Martin.

That's what I'm saying now,
Richard.

May I continue?

Why didn't you tell me?

Please don't start.

I'm not trying
to start, Bobby,

but you bring
this Neel guy in,

you tell him to scare Hinks,
Hinks ends up dead,

and you say nothing to me?

It had to have been
eating you.

(door opens)

EUGENE: Could I have
a second with him?

Sure. Why should I know
what the hell is going on?

I'm only married to him.

They're giving Neel
manslaughter --

20 years.

In exchange
for his testimony against me?

Yeah. I'm bringing a motion
to kick a couple of counts,

the most serious
being felony murder.

That's where
you're the most vulnerable.

Felony murder?

How can they charge that?

Breaking and entering.

Oh, please.
That can't stand.

Well, if it does,
you're in trouble,

and I don't need
to tell you that.

I'm going to say this once
because I have to say it once,

then I'll move on.

Your sending a known criminal,
a murderer, no less,

to visit Hinks

was perhaps the dumbest thing
I've ever known you to do.

You put yourself at risk,
you jeopardized this firm.

Now, I know you were acting
as a worried husband,

but, Bobby,
if stupidity were a crime,

your ass
would be serving life.

Now, let's turn
to your defense.

Before we get to that,
Eugene...

I'm about to have a baby.

I'm going on trial for murder.

I'm in no position...

I should say condition,
to be running this firm.

I won't be
till this thing is over.

I'm appointing you
pro tem senior partner.

We don't need
to talk about that.

Yes, we do.

This firm, more than ever,
needs strong leadership.

And at the moment...

I can't provide it.

I'm not passing
on a title here,

I'm just...
assigning responsibility.

Okay.

I worked
all the associates.

We were doing
massive class actions.

You worked Keith
in a way --

Karen. Mr. Bannish,
I obviously know what it's like

to work in a law firm.

Can I stop you there,
Ms. Washington?

With all due respect
to your practice,

you have no experience

with class-action
product liability work.

Keith was on
a toxic waste case

involving 3,200 plaintiffs.
This kind of --

I understand that,
and I know associates

are expected
to put in long hours,

but you also know, sir,
the Eggshell Doctrine and --

Meaning?

Meaning you take your plaintiffs
as you find them,

and the fact that Keith had

an underlying
psychological condition

is not a complete defense.

Look...

I loved Keith.

Oh, please.

Whether you want
to believe that, Karen, I did,

and his death was shocking
to all of us,

but we never, ever
verbally abused him.

Did you call him
at 1:00 in the morning?

Yes, but that's the job.

He asked for time off

the week before his death.
You wouldn't even --

It was also a week
before the trial. I couldn't.

All right, look,
Mr. Bannish,

we're not blaming you
for Keith's death.

I am.

Karen.

We're merely saying

a lot of factors
came into play.

The pressure of work,
the long hours --

those were some
of the factors.

We're suggesting
you take some responsibility.

Richard.

Listen, I thought
about what you said,

and, well, I agree.

It would be wrong
to politicize this.

It's also probably overkill

to assemble a big army
of district attorneys,

so I'm scaling it down.

You're no longer on the case.
We'll have you reassigned.

Thanks for your work
thus far.

I'm off the case

because I don't like
what you're doing?

Again, thank you
for your work to date.

First priority -- We need to
kick the felony murder charge.

If that count stands,
all they really need to prove

is that Bobby sent Neel
to break into Hinks' house.

It's no defense that he didn't
intend for Hinks to be killed.

This count must be dismissed.
Ellenor.

I'm already on it.

Second, privilege.
This is huge.

We have to go after
Neel's credibility.

Unfortunately,
a lot of stuff we have on him

we learned through
attorney/client privilege.

Now we need to be able
to use it. Lindsay?

Got it.

Third, they gave Neel
manslaughter.

I'm not sure you can tag
conspiracy charges

with manslaughter.

Bobby, why don't you
research that?

There's no reason we can't
put you to work.

Thanks.

Fourth...

this firm.

We're in trouble.

We may be a partnership,

but the face of this place
is Bobby.

Even if we beat this,

our reputation
has taken a big hit.

Clients may want to bail on us.

Potential clients will be
less likely to come.

I want to retain a publicist.

That could be expensive,
but we need to do it.

Also, we have two partners
about to have babies.

We need to hire. As of now,
we have a hiring committee.

Ellenor, Lindsay, you co-chair.

Next -- Time sheets.
We do them now.

We have to become
as systemized as we can

because right now clients
will be looking for us

to fall apart.
Disorganization --

any disorganization
will fuel that perception.

Rebecca, Walter Bannish
is here.

Mr. Bannish.

Hello.

Look, I still contest
any liability on our part.

But the negative publicity
of a lawsuit --

I don't want it out there
that we're a sweatshop.

So I'm willing to make
an offer to make this go away.

One-time offer,
take it or leave it.

Okay. What is it?

$500,000.

Payable now?

Payable upon signing
the release, yes,

and a complete
confidentiality agreement.

Well, I will take it
to my client

and let you know tomorrow.

Thank you.

No, thank you.

Good night.

Bec?

You remember
my suicide case --

Wrongful death, no merits?

Yeah. It was your friend.

Nuisance change
just came in -- $500,000.

What?

What are we missing?

I'm not saying the case
against him is bogus.

It isn't, but there's
a lynch mob mentality going on

which is bogus.

They don't really think
Bobby ordered a hit, do they?

It doesn't matter.
They're out to get him,

and they think he was
at least reckless,

which is all
they may need to prove.

-Helen.
-Lindsay.

Make it go away.

Lindsay, I'm not sure --

He's not a murderer.

I'm calling in a favor.
Make it go away.

Lindsay, I can't.
This is upstairs.

Then take the stairs,
Helen.

Do whatever you have to do,
but make it go away.

What?

I'm just looking.

I'm sorry.

He --

I got so afraid that
he really might hurt you,

and the reason
I didn't tell you

is because I knew this is
not the kind of stress

you need right now.

Bobby, I'm your wife.

I know this.

What happens tomorrow?

We have a motion to dismiss
the felony murder count.

If you lose...

Lindsay, their whole case

is the word
of a career criminal.

They can't satisfy
their burden with that.

They just can't.

I've never seen you
look so scared.

We'll beat this, Bobby.

We'll put the whole firm
on it if we have to.

That's fantastic.

Yeah, I thought
you'd be pleased.

Well, I guess he admits
he's responsible after all.

I can't quite believe it,
but --

Thank you so much, Rebecca.

You have no idea how much
I could use this money, too.

And I'll get it today

when I sign
the confidentiality agreement?

I never mentioned
any confidentiality agreement.

How'd you know about that?

Oh, well, I'm assuming.

My husband
was a lawyer, bec.

I know how
these things work.

I'm assuming the settlement
will be sealed.

Well, why don't you
fill me in

on how things work, Karen,

or how they're
working here?

I'm sorry?

Nobody hands over
$500,000 after one meeting.

No discovery, even.

He just says,
"Okay, here's a check."

-What's going on?
-I might ask
the same question.

Don't lie to me.

We've been friends
a long time,

and you tapped
into that friendship

to get me
to represent you here.

Be straight with me, Karen,

or I'll start asking
my questions in other places.

Walter Bannish
embezzled a lot of money

from client trust funds,

and Keith went along
with it.

And his guilt,
I'm convinced,

contributed
to his depression.

I went to Mr. Bannish,
and I accused him

of contributing
to my husband's suicide,

and I wanted
to be compensated.

So why didn't he just
pay you off then?

He said, "It sounds like

"you're accusing me
of wrongful death.

"perhaps you should
sue the firm,

and then we'll settle
the matter."

He needed to be sued

to get his firm
to pay the money,

and that's why you insisted
I draw up a complaint

and file it so he basically
could defraud his own partners.

Karen, this is extortion.
I won't be part of it.

Excuse me, Rebecca,

but you're not a part
of anything

but a legitimate lawsuit.

I went to Mr. Bannish,
and he advised me

I'd have to sue him
before he'd give me a nickel,

and I did sue him,
and we've settled the matter.

You have no evidence
of extortion.

-Karen --
-Please notify Mr. Bannish
I accept his offer.

By the way,

no need to thank me
for the easiest contingency

you've ever earned
in your life.

Over $150,000
for one day's work.

You're welcome.

There is no legal basis

for the charge
of felony murder.

Breaking and entering a dwelling
to commit a felonious assault

is a sufficient predicate
to felony murder.

There's case law --

To charge the person
who did

the actual breaking
and entering.

There is
absolutely no case law

charging the alleged accessory
with felony murder.

Any person can be charged
as an accessory to any felony.

Yes, well, no one ever has
under these circumstances,

and suddenly,
with Bobby Donnell --

Even if Bobby Donnell did not
conspire to kill William Hinks,

he gave Mr. Neel
William Hinks' address

and dispatched him to his home.

Mr. Neel broke into that home.

A murder resulting
from a breaking and entering

is the exact scenario
the legislature had in mind

when passing
the felony murder rule.

There is no evidence
that my client

was a part of any
breaking and entering.

We have a statement
from the actual killer.

That would be considered
evidence.

Your honor, they know
they can't prove this crime.

They can't show intent,

so the prosecution
is charging felony murder

to circumvent
their burden of proof.

Yes, well, unless
I'm missing something,

that is one
of the very reasons

we have
the felony murder rule,

to lower
the prosecution's burden.

If you look
at all the cases

where this rule
has been applied --

The function of the court
is not to look --

There is no predicate felony
to support these charges.

This amounts
to selective prosecution

against a defense attorney
they don't like --

There is absolutely no evidence
of selective prosecution

in this case,

and as for a predicate felony,
you've got several --

Aiding and abetting
a felonious assault,

breaking and entering --

Bobby Donnell's wife
was being threatened.

He sent Alan Neel
to scare Mr. Hinks,

to warn him.

Alan Neel committed
a supervening act of murder,

and now the prosecution is
using the felony murder rule

as a means to get
Bobby Donnell.

That is what is going on.

That's what's going on.

Bobby Donnell
sent a known killer

out to threaten a man.

Is it really unforeseeable
that a murder happened?

(door opens)

Did he rule?

Not yet.

I'm sorry, Bobby.

You did fine, Ellenor.

I got my ass kicked.

Let's just admit it.
I just got my ass kicked.

He took it under advisement.
Anything could happen.

Listen, I have
a little problem myself.

My $500,000 settlement --

I think it was
the result of extortion.

How so?

Well, seems my client's husband
and the partner of his law firm

were involved in some sort
of embezzlement scheme.

Karen, my client,
tried to extort Bannish.

Well, he basically steered her
to sue his law firm

so all the partners
would have to pay her.

I was used as a pawn.

You know this for sure?

Well, I know the embezzlement
went on for sure.

My client denies the lawsuit
is anything but legitimate,

but it's just --
it's too suspicious.

She demands to file a complaint.

The defendant then makes
an offer

with no discovery whatsoever.

It's just way too suspicious.

And what's your problem?

What's my problem?

You have to ask me
what's my problem?

Unless you have proof
the lawsuit is bogus. Do you?

No.

Then accept the offer
and be done with it.

Excuse me?

If you do anything
the queer the settlement,

your client could have
an action against us

for the full amount.

This is not
a money thing, Eugene.

No, it's a legal thing,
Rebecca.

As I understand it,

you sued under the theory
of wrongful death.

The defendant is settling
under that theory. Accept.

But it's not that simple --

We do not need to be sued
by a client

at this time, Rebecca.

Do you have specific knowledge
that the lawsuit is bogus?

No.

Is your client
instructing you to accept

the terms of the settlement?

Yes.

Then that's exactly
what you do.

Fine.

Martin.

Helen.

What's with the summons?

Oh, all the witnesses
are getting them,

even those we can expect
to be cooperative.

Why do you want me
to be a witness at all?

Well, Helen,
Lindsay Dole is a friend.

She asks you to pay a visit to
William Hinks to threaten him.

That has no relevance
to Bobby Donnell's actions.

Perhaps not, but you'll
allow me to be curious.

I'm not going to be
a prosecutorial witness

against Bobby Donnell.

I wouldn't call on you to do
anything but tell the truth.

Yes, well, experience,
I'm sure, tells you

that even
the most neutral witness

finds a way to get in
his or her bias.

Meaning?

The prosecution of
Bobby Donnell is outrageous.

You don't want me
on the stand.

Trust me.

Thanks for the warning.

When I do call you,

I'll be sure to declare you
a hostile witness.

The public defender
representing Alan Neel

is Bernard Shanly.
Two years out of law school.

The D. A. must love him.

He's young, inexperienced.

He's got a decent reputation
for a kid, but he's a kid.

Where can I find this kid?

P.D.'s office.

He's usually at arraignments,
taking assignments.

Could visit him there.

That's what I think
I'll do.

Oh, you two came together,
did you?

We came up
on the same elevator.

Mm-hmm.

Well, if we execute
the documents,

I'll give you a check.

Your other partners
don't even --

Rebecca.

We can go
in the conference room.

Excuse me.
Do you know which one
is Bernard Shanly?

Uh, Mr. Shanly?

Eugene Young.
How you doing?

Fine. Good to meet you.

Likewise. Could I steal
a second?

All I really want to do
is talk to him.

I just can't advise that.

Could I ask why?

Well, until he signs
his proffer,

I don't want to do anything
to screw up the plea.

Manslaughter -- 20 years.

Can I ask, why'd you
advise him to go for that?

Well, they have videotape
of his going in,

audiotape of the attack.

I understand,
but his going in proves nothing

and the audiotape --
Well, I haven't heard it yet.

I have. You can actually hear
the beginning of the attack.

Even so,
can we be absolutely sure

how the attack began?

Is it possible
Mr. Hinks rushed him?

Didn't sound like it.

Didn't sound like it?
I asked is it possible?

Are you cross-examining me?

I don't mean to, but if
there is that possibility...

Let's face it, Bernard.

William Hinks
was a serial killer.

The idea that he might have
tried to kill Alan Neel

-is not beyond --
-That didn't happen.

Were you there?

Look, what's your point?

My point is for you
to jump at manslaughter

without so much as
considering all these options

was bad lawyering, Bernard,
and if there's any way

you can still wiggle out
of the plea bargain --

It's a good deal
for my client.

Bernard, you're young.
The last thing you need --

Please, don't patronize me.

I'm not trying
to patronize you --

You are, and I don't
appreciate it.

You made a mistake. If it's
possible to at all undo it --

Why? To help Bobby Donnell?
He's not --

To help yourself.

It's one thing to be
thought of as inexperienced.

It's quite another
to be considered

a prosecutorial bag man.

Goodbye.

Why do you think
they asked for you, Bernard?

The district attorney
singled you out.

Why is that?

Look...

I'm not trying
to beat you up here,

but you're
a defense attorney.

You're one of us,
not them.

I have to be
on my client's side.

Let me at least
talk to him.

I won't screw up
your proffer. I just want --

No, I can't allow that.
I can't.

Just tell me this, then.

Is he going to say Bobby
directed him to kill Hinks,

or will he just say

he got the idea that
that's what Bobby wanted?

There's nothing equivocal
about it.

He will say Bobby Donnell
hired him

to kill William Hinks.

Eugene, we're in.

WOMAN: Be seated.

The first issue --

Whether a defendant
may be charged

with conspiracy
to commit murder

when the one actually
committing the murder

is convicted of manslaughter?

The answer is yes.

Prosecutors must be given
free reign to plea bargain.

This falls
within their discretion.

The defendant's motion
to dismiss the conspiracy count

is therefore denied.

Second issue --
Felony murder.

As a matter of law,

if Mr. Donnell directed
Mr. Neel to break into
the victim's house

with the specific intent
of assaulting him,

Mr. Donnell
becomes an accessory,

and both he and Mr. Neel
are guilty of felony murder.

Whether or not Mr. Donnell
actually did instruct Mr. Neel,

that is a question of fact,
not law,

and it is therefore
a jury question.

Accordingly,
defendant's motion

to dismiss
the felony murder count

is also denied.

We are adjourned.

Okay, we go to work,

we get ready to go
to trial.

Mr. Young?

Can we get together?

-What's going on?
-Lindsay.

-You have to stop it.
-You need to calm down.

They're going after my husband.
Why are they doing this?

You need to calm down.

Look, I've let them know
I'm against it,

but there's nothing else
I can do.

It's out of my hands.

I've never asked you
for a favor.

Lindsay, if I could
stop it, I would. Trust me.

I think this prosecution
is out of line,

but on the facts,
there is a case.

Why are they doing this?

Okay, listen up.

Nothing happened today
that wasn't expected.

We figured it'd go this way.

It did.

Now we dig in.

I dig in.

I'm scared.

I won't lie about it.

But the firm...

Eugene, I think, has
already demonstrated clearly

that he can run this shop

and we can be
just as strong as ever.

We cannot,

cannot,

cannot let ourselves
become demoralized.

We have to stay together
and support Eugene's leadership.

I'm afraid
I can't do that.

I'm sorry,
I don't mean to--

I find Eugene's leadership
thus far

to be a little frightening.

Aside from being autocratic,

his direction to me
to look the other way

and rubber-stamp a settlement
I know was illegal --

Rebecca --

Bobby, I want to say this
to all of you,

and I know the timing stinks
given the situation you're in,

and I apologize,

but Eugene basically
instructed me

to go along with extortion,

and the reason he did so
was fiscal.

That contingency is something
we could use right now.

It would be more expedient,

let alone more profitable,
to turn a blind eye.

Get off your high horse,
would you, Rebecca?

ELLENOR: All right.

No. We're up
to our necks here.

We don't need
her preaching.

I'll say what I have to say.

You all sat quietly
and let Eugene be the leader

because his decision-making
was dirty work,

and you were glad
to let him do it.

That settlement was extortion.

Eugene's okay with it, fine,

but if his face
is the new face of this firm,

it's not the same firm I know.

All right, come on,
let's not do this, not now.

I'm a partner here, Jimmy.
You're not.

All right! Now that's enough.

We have to stay together now.

Now what?

Nothing.

What'd Toomey want?

Let's go to your office.
Lindsay?

Okay, they've offered
a plea.

Aiding and abetting
a felonious assault.

2 1/2 years, one suspended.

Disbarment.

Right.

What I would like to do...

is chop that down
to one year.

Eugene, cop to --

Bobby, we may have a chance
in outright acquittal --

All they have
is Neel's word.

I understand,
and I can argue

his motive to lie

in exchange
for the plea bargain.

The problem is that tape.
What he said to Hinks --

that precedes
any motive to lie.

Also, it's already playing
all over the press

about those two cops
that got killed,

how you got them killed.

Even if I keep that
out of evidence,

which I should be
able to do,

the odds of the jury
not knowing about it...

if you get convicted
of felony murder,

you get life.

Obviously, I'm hoping
that won't happen,

but the risk...

the risk.

If I could get it down
to one year,

the disbarment might not
have to be permanent.

You really have
to think about it.

I'll leave you two alone.

I can't believe
this is happening.

There's no way
I'm pleading guilty.

Bobby, we're about
to have a baby.

I'm not getting
life in prison.

It could never,
ever happen.

I can't even
think straight.

It could never happen.

What if you do?

What if --
what about, um,

what -- what about
self-defense

or maybe defense
of others, maybe --

The threat
has to be imminent.

I don't understand how
this can be happening.

I'm not pleading guilty.

I'll go to trial.

I am not pleading guilty.

♪ (theme)

You stinker!