Original subtitles

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.

Jeannie 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. What, he's scared her into having

coronary? At least order an autopsy. Okay, 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

was home alone watching Taxi. You think that's funny, William?

Well, 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.

Fifty thousand cash up front. I'm not hiring you to... I just want you to

him.

I'll take care of it, Bobby.

Hanks? Yeah.

Where's his head?

Do

you

have any suspects?

Not yet.

I asked for my lawyer.

This is Bernard Shanley. He's a public defender. I don't want a public

I asked for Bobby Donald. Mr. Neal, 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.

You picked the wrong girl to terrorize.

Bobby Dowell's a friend of mine.

We got kind of a 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... 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.

Oh, you're a funny boy.

Please.

You have exceeded the time.

See, Alan?

I don't think Bobby Donald is the lawyer you want to be calling.

Did you feel that? Oh, I felt it.

I didn't. Oh, come on.

What about that?

That I felt?

Is that normal? Hey, Jimmy.

How come you never asked to feel my stomach? Don't start with me, Eleanor.

Bobby.

Ellen Neal.

What about him?

He's been arrested for William Hanks' murder.

Arrested when?

Last night.

They got him in lockup. He's being arraigned at 9 o 'clock.

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, man. Alan, calm down.

They want me to turn state against you.

What? They got me on tape, Hal. You know, you sent me... Who wants you to

state? The cops.

And that midget DA.

Bobby, they got us both. What exactly do they have on tape?

Me telling Hinks that you sent me.

First, I never sent you to kill him. Oh, come on. I said scare him. Come on,

Bobby. I never... Look, we're in deep here.

If you're going to turn against me... I'm not turning against you. 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.

I did not have you kill him.

I miss seeing you, Alan.

Guard!

Bobby Donald?

What's going on?

I'm sorry.

Mike!

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

You have the right to remain silent.

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

You have the right to an attorney. If you cannot afford an attorney, one will

provided for you.

What? It just happened. He's being arraigned this afternoon.

I'm on my way.

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

He's seven months pregnant. So what? He's right, Lindsay. Eleanor. You don't

want to stress yourself into miscarrying.

Stay here.

I'll call you.

Jimmy, come on.

Karen?

Hey, Beck.

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 and... Law firms push associates all the time. They

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, I... 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...

All right, let me set up a meeting.

I'd like to file a complaint contemporaneously with the meeting. Let

we're serious about this.

Well, first let me... 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 Neal really did kill Hanks?

Yes. And how do they connect it to you?

I met with Alan the night before. I told him to scare.

Hanks. And now Alan is evidently claiming that I asked him to kill Hanks.

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.

versus Robert Donald, 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 is not a flight risk, nor is he a threat to society.

Obviously, Mr. Donald has strong roots in the community. He's a respected

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.

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

Okay.

Hey. You okay?

We gotta take him. I'm going with him. I don't think that we... Then don't think

that. I'm going.

You hear the counts?

Yeah.

They're not just going solicitation.

They're charging first degree.

Okay,

four o 'clock.

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?

Obviously, it all comes down to the credibility of Mr. Neal.

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

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 Donald 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

with the department should have no bearing on this prosecution, and I think

departmental vendetta... That's not what this is.

It sure sounds like it.

Bobby Donald'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

important that we all do a good job That's not what you said Martin That's

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 Neil 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.

Can I have a second with him?

Sure.

Why should I know what the hell's going on?

I'm only married to him.

They're giving Neil 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

the dumbest thing I've ever known you to do. You put yourself at risk, you

jeopardized his 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 until this thing is over.

I'm appointing you pro tem senior partner.

I'm not passing on a title here. I'm just assigning responsibility.

Okay.

I worked all the associates.

We were doing massive class action. You worked Keith in a way. Karen?

Mr. Banish, 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

understand that.

And I know associates are expected to put in long hours. But you also know,

the eggshell doctrine. 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 one in the morning? Yes, but that's the job.

He asked for time off the week before his death. You wouldn't... It was also a

week before the trial.

I couldn't... All right, look.

Mr. Banish, 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 while I agree it would be wrong to

politicize this, it's also probably overkill to assemble a big army of

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 Neil to

break into Hinks' house.

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

This count must be dismissed.

Eleanor. I'm already on it.

Second, privilege. This is huge.

We have to go after Neil'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 Neil 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

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

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. Eleanor, Lindsay, you co -chair.

We have to become as systemized as we can because right now, clients will be

looking for us to fall apart. This organization and me.

This organization will fuel that perception.

Rebecca, Walter Banish is here.

Mr. Banish.

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.

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 that... 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.

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 the 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.

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 to.

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 back... 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.

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

Walter Banish 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. Banish 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 drop a complaint and file it.

So he basically could defraud his own partner.

Karen. This is extortion. I won't be part of it. Excuse me, Rebecca, but

not a part of anything but a legitimate lawsuit.

I went to Mr. Banish, 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.

Carrie! Please notify Mr.

Banish I accept his offer.

By the way...

No need to thank me for the easiest contingency you've ever earned in your

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

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

Donald... Even if Bobby Donald did not conspire to kill William Hinks, he gave

Mr. Neal William Hinks '... address and dispatched him to his home mister neil

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

we have the felony murder rule.

To lower the prosecution's burden. If you look at all the cases where this

has been applied... The function of the court is not to look at... There is no

predicate felony to support these charges.

This amounts to selective prosecution against a defense attorney... 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 Donald's

wife was being threatened.

He sent Alan Neal to scare Mr.

Hanks, to warn him.

Alan Neal committed a supervening act of murder, and now the prosecution is

using the felony murder rule as a means to get Bobby Donald. That is what is

going on. That's what's going on.

Bobby Donald sent a known killer out to threaten a man.

Is it really unforeseeable that a murder happened?

Did he roll?

Not yet.

I'm sorry, Bobby.

You did fine, Eleanor.

I got my ass kicked.

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

He took it under advisement.

Anything can happen.

Listen, I have a little problem myself.

My $500 ,000 settlement, I think it was the result of extortion.

How so?

Well, it seemed 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 Banish.

Well, he basically steered her to sue his law firm so that 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

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?

Well, if you do anything to quit a settlement, your client can have an

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, except... But it's not that

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

Hanks to threaten him. It has no relevance to Bobby Donald's actions.

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

I'm not going to be a prosecutorial witness against Bobby Donald. 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 Donald 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 Neal is Bernard Shanley.

Two years out of law school.

The DA must love him.

He's young and experienced.

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... We can go in the conference room.

Again.

Mr. Shannon?

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.

Can I ask why?

Well, until he signs his proffer, I don't want to do anything to screw up

plea.

Manslaughter. 20 years.

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

Well, they have videotape of his going in.

Audio tape of the attack?

I understand, but his going in proves nothing, and the audio tape... 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? Is it possible?

Are you cross -examining me?

Well, 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

kill Alan Neal 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

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 to do is... Please, don't patronize me. I'm not

to patronize you. You are.

And I don't appreciate it. You made a mistake. If it's impossible to at all

it, then... Why?

To help Bobby Donald?

He's the... 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.

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 profit. I just want to

I can't allow that.

I can't.

Just tell me this, then.

Is he going to say Bobby directed him to kill Hanks?

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 Donald hired him to kill William Hinks.

Eugene, we're in.

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. Donald directed Mr.

Neal to break into the victim's house with the specific intent of assaulting

him, Mr. Donald becomes an accessory, and both he and Mr. Neal are guilty of

felony murder.

Whether or not Mr.

Donald actually did instruct Mr. Neal, 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.

Eugene, I think, has already demonstrated clearly that he can run

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 find Eugene's leadership thus far to be a little frightening.

Aside from being autocratic, his direction to me to look the other way

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,

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?

All right. No.

We're up to our necks here. We don't need her preaching. I'll say what I have

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 do we want?

Let's go to your office.

Lindsay?

They've offered a plea.

Aiding and abetting a felonious assault, two and a half 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 at an outright acquittal, but...

All they have is Neil'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

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 don't believe this is happening.

There's no way I'm bleeding 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 self -defense or maybe defense of others?

The threat has to be imminent.

understand how this can be happening.