Original subtitles

Previously on The Practice.

Assuming you do hear God's thoughts, persuading a jury of that reality will

difficult for me.

I had the highest winning percentage of any litigator in my firm.

They had no right to fire me. You can't be willing to take this to trial. Oh,

but we can. She was terminated for a disability. That's against the law. She

will be publicly revealed as a loon, which you are, Sheila.

Listen, I need to meet with your doctors tomorrow.

I have no doctors.

You're not being treated by anybody?

Why should I be? Because God speaks to me? We will need a doctor to testify

you have a mental illness, because you do. Please don't abandon me, Helen.

I won't.

Being alone is not good for me. Let's not settle.

Nobody's going to hire you.

Except maybe me.

Do you even have the authority to hire people? No.

I'll figure it out.

To the world and to the potential jury pool, you are the man who murdered his

pregnant wife and unborn son. I need you to start demonstrating the zeal that

comes with defending an innocent man.

Daddy! Hey, baby!

Do you think your mom killed herself?

I know my dad didn't kill her. He loved her.

So I think she must have committed suicide.

You stated to the police that you didn't learn of your wife's affair until after

her death.

And yet the night before, you were heard screaming, do you love him? As I said

before, I don't remember saying that. I would like to explore murder too.

That is a life sentence, Eleanor. I don't know what to tell you. We are

Daddy, let me tell.

Emma, please be quiet.

Daddy, you said you... Emma?

Did your niece indicate to you that she poisoned your sister? It appears Mr.

Stanfield did not commit the crime.

The district attorney feels he is duty -bound to withdraw the complaint.

The charges against Bradley Stanfield are therefore dismissed.

I killed Molly.

As the case went south, Emma and I devised a backup plan. It involved

manipulating you, getting you to think that she did it. Now we need to help

You killed your wife?

Yes.

And I'm not proud of using my daughter to secure my freedom.

The mission now is to fix things and get her out. So we all need to get on

board.

There's nothing you can do. I can't accept that, Eugene.

Well, you have to. I am sorry. She's ten years old. Listen to me. Both of you.

We represent him, not her.

She arguably thought I was her attorney when she confessed.

Falsely confessed.

Eleanor, all you can do is ask the client to cure his perjury. If he

there's nothing... He works here.

What? That cuckoo bird.

The woman who talks to God. She works here? No, she doesn't work here.

Well, she thinks she does.

She says Alan Shore hired her.

She's out there organizing her desk.

Excuse me.

Did you hire her?

I don't have the authority to hire her, Eugene.

She's here.

Look at her.

Yes, I said come practice law with us on a temporary basis. You're temporary,

and she's totally nuts.

Thank you, Jimmy.

I never figured you for the type who liked to weigh in.

What's that supposed to... Undo this.

He just called me fat.

First of all, I would never say that.

Second, you are fat.

And third... We are not hiring.

If we were hiring, we would not be hiring her.

Eugene.

I've got to keep this woman close to me until I can persuade her to get back on

her medication.

The best means for that is to employ her.

Trust me, when she functions as a lawyer, her insanity is displaced by

acuity.

As I said, it's only temporary, and I will watch her.

Please.

So she works here?

Temporarily. She, like Mr. Shore, will work here on a trial basis. She will not

draw a salary. And most importantly, we are not to give her clients.

Ever. Then why is she here? I'm sorry, do paralegals speak at staff meetings?

That's not a criticism, Tara. I'm just trying to get a sense of policy. You

what? Keep it personal now.

Hello, all.

Sorry I'm late. Eugene, I was wondering if we could start at 9 .15. I have my

Feldenkrais appointments at 8 and they're murdered or rescheduled.

Did I miss the breathing?

They don't breathe here, Sheila.

What?

Miss Carlisle, we're running late.

Every day should begin with 10 deep breaths. It oxygenates the brain, which

gives you clarity and optimism, which is the greatest source of energy.

Let's hold hands.

Let's go.

Everybody.

Here we go.

Let's suck in life juice deep into the diaphragm.

In.

Jamie, let's go.

In.

Let's go see Brad Stanfield take her best shot. Yeah, like that'll work.

May I help you?

Yes, I'm Roland Hough, and I'd like to meet with an attorney.

Do you have an appointment?

It's February, Jimmy.

It doesn't matter. No, I'm afraid I don't. Okay, Roland, if you wouldn't

taking a seat, I'll be with you in a moment.

Thank you.

You're smart enough to know whatever your reality is, Sheila, it's folly to

impose it on others. To impose it on others. Got it.

Give me a criminal.

I'm sorry?

I'm not asking for a murderer.

Just give me somebody clever. Give me an embezzler. I'm an embezzler. We'll get

lunch.

Sheila, it's important at the beginning that you keep a low profile here. These

people are very reticent.

Just give me a case to work on.

I don't like to be alone with my thoughts.

Confess? Well, wasn't that your plan anyway?

You can't be retried. You're free.

Why not save Emma?

Well, I could be prosecuted for perjury, Eleanor. I did testify that I didn't do

it, remember?

If I was to come forward now and say that I was the killer... Certainly

not going to allow your daughter to stay locked up.

My thinking was, let's see how Emma's trial goes.

She probably has a legitimate, temporary insanity defense.

Ten years old.

She figures she'd be very sympathetic.

You're going to let her stand trial?

I'll testify on her behalf, Jimmy.

I'll talk about how troubled she was.

Brad, I don't think that's going to work.

I got myself off.

Now I'll get Emma off.

You keep forgetting how persuasive I can be.

In my bed.

The two of them.

I since learned it's been going on for six years.

How long have you been married?

Seven.

Roland, Massachusetts is a no -fault state, which basically means that your

wife's infidelity is a non -issue.

That's what I've been told, but this was... She didn't just cheat on me, Miss

Wilson. She did so with my best friend.

He was best man at our wedding.

This just seems so wrong.

I have two young kids.

For me to come home and find out my wife, my children's mother, to

learn it's been going on for six years?

Roland, it is horrible what your wife has done, but unfortunately, in a no

-fault state, you have no remedy at law for which... I'll represent you, Roland.

Sheila. And I don't think we should just file a claim against her. I think we

should prosecute that best man as well.

Sheila, I want you to continue giving the facts to...

Tara. And after that, we'll file a claim in superior court.

We can expect a motion to dismiss. But surviving that, discovery should be

and we'll be in court in three months.

And we can win?

Roland, look at me.

There's a reason you happen to walk into this law office after all those other

lawyers turned you down.

I win my cases. Not some of them. Not most of them.

Every single one of them.

And I shall win this case.

I realize that I'm only a third -year law student, but even I know that public

policy won't let you litigate domestic disputes. We need to appreciate on a

deeper level that you are only a third -year law student.

You see, every law can be bent, folded, or manipulated, so long as it conforms

to fairness.

So instead of taking issue, perhaps you would like to seize the opportunity to

learn.

You see, Tara, I will win.

Aren't you just fascinated to see how?

All you need is one more drink and we're having a pool party.

I'm not that drunk.

We can fix that right up.

Although I did see you sort of stumble out of the cab. Not that I don't welcome

you to stumble on over whenever you feel the urge.

Eleanor.

What are you doing here?

You know, I have freed murderers, rapists,

and I usually end up sleeping at night because I know my role in the system.

You know, I'm the defense attorney up against the police state and all.

I sleep.

I never have trouble sleeping.

What?

How do I let a ten -year -old girl spend her life in juvenile hall

when I know that makes me?

You know what I am, Alan?

Drink.

A monster.

If I can let a child, then I have to wear the badge that I am a monster.

This is a beautiful, blossoming girl. She's a child.

She's the future of our country.

Maybe we're both going to need another drink.

Yeah, I'm a terrible drinker.

Because I never drank.

You'll stay here tonight.

I am not having sex with you.

It's all right. Can you bring any friends?

Come on, it's late.

Let's get you inside.

I just wanted your advice.

I'm not sure that I can keep my mouth shut.

I don't want to be disbarred, but... Mom!

going into court now?

I filed for a temporary restraining order. Injunctive relief gets you right

Now expect them to file their motion to dismiss.

I don't mind waving notice on that. Why are they going to be there?

Who? My wife and Richard.

They might.

Will that be a problem?

It's hard for me to see them. I don't know if I'm ready to see them.

I'll handle things.

You just stand there and look as sad as you can.

I said no clients.

I couldn't stop her. You should have come and gotten me.

And you, you said you'd be watching her. She already filed a complaint.

Yes, and she thinks that she's going to win. Hold on a second. She said that?

She thinks she'll win?

Yes. What's the problem?

If Sheila says she's going to win, she wins. No exceptions.

Did you hear the cause of action? I don't care what the cause is.

If she promises victory, you've won.

Tara, come with us. You need to learn.

Don't talk to me.

Ever. If you have something to say, just put it in a note.

Just a guess, but I'd say she got looped and fell in the pool.

I want you in court backing Sheila now.

I've got an appointment.

Tara will be there. Eugene, she doesn't need help.

Not in that room.

This is a domestic dispute.

We're in a no -fault state.

This is a rift between a husband and wife.

Your Honor, he's telling you things you already know. I'd ask that he respect

the robe and value your time.

You're the one taking my time, Counsel, with this untenable claim.

The restatement of torts recognizes a valid claim against one who by extreme

outrageous conduct intentionally or recklessly causes severe emotional

to another.

There is no immunity for married people. No exception for domestic disputes.

Your Honor, the court of law is a hallowed forum to litigate serious legal

judicial disputes. Oh, yes. The hallowed forum defense.

Oprah was sued for criticizing meat.

McDonald's was sued and lost for serving coffee that was too hot. The hallowed

forum entertains any claim that is valid, as is the one that is before you

today.

All right.

The TRO nonsense is dismissed.

On the underlying claim, I want to hear from Mr. Huff.

Your Honor.

You're asking me to throw this out, counsel. I want to conduct a short

evidentiary hearing before I do so.

Two o 'clock.

Well, progress.

Breathe life's juice.

You didn't tell me about you.

Well, maybe you didn't even know I'd be coming.

Maybe you thought it would be Eleanor or Jamie who I work with.

Emma, I know about the little plan, and may I say I admire you. What a wonderful

daughter you must be to protect your dad like this. You're a true hero.

And now, in preparation for your dad to protect you...

We have to get our statements exactly right to protect you both against

So, here's your dad's statement.

And I need you to look it over and tell me how it's going to compare to yours.

Did you trick this girl? I persuaded her to tell the truth.

I might have used a little trickery.

And this is my statement. It's hearsay, since Mr. Stanfield didn't confess to me

directly. But I think you'll find... Hold on just a second, would you please?

This would be privileged.

You're a member of Miss Frutt's firm.

Anything she told you... I haven't even gotten to the good part.

Since Mr.

Stanfield accomplished his mistrial through fraud, double jeopardy does not

attach. You can try him all over again on double murder.

And this time, you'll have my testimony.

Mr. Shore, I will give you the opportunity to take this all back.

going to happen.

I'll have no choice but to report you to the bar.

That's fine.

But you will use this.

You will probably lose your license.

I've always wanted to farm apples.

Cortland, not Macintosh. They make for a much tarter crisp.

There's a little girl in a juvenile facility, Mr. Campbell.

Send for her. Then send for Mr.

Stanfield. Then you can have the bar send for me.

In a stunning development, we've now learned Brad Stanfield has been re

-arrested for the murder of his wife and unborn son.

Sources say Mr.

Stanfield's own lawyers provided information leading to the arrest. I did

nothing, I swear.

You may remember earlier charges against Stanfield were dismissed by the

prosecution.

I didn't say anything.

Hello.

Did I miss something interesting?

Alan, did you talk to the DA about Stanfield?

I might have mentioned he confessed.

Please come to my office.

Eugene, I know you don't want me here.

And now I've given you a perfect reason to fire me. Eleanor would certainly

understand.

I would appreciate the courtesy of my discharge being a reflective decision,

however.

So if you could at least wait until your anger subsides, I'd be grateful.

He's not looking well at all.

What's going on, Roland?

I wasn't prepared for seeing them like that. How it'd make me feel. I don't

if I can testify in some big public thing. I don't know.

Take my hand, Roland.

I just don't like the way I'm feeling.

Why don't you just speak directly to me?

Tell me your story. Pretend I'm the only one in the room.

Seeing the two of them sitting together like that.

I'll tell you what.

You just look at me.

Tell me your story.

I think the worst part was I thought everything was wonderful.

Were you two having sexual relations?

No. Because she... Roland, look at me, please.

She said she couldn't have sex because she had a fibroid condition.

And I accepted it.

How did you learn of your wife's affair with Mr. Ward?

Came home from work early one day.

Tried to surprise her.

I had a plan. I was going to take her out to dinner.

When I got home, I saw Richard's car parked out in front. I didn't think

anything of it. He comes over all the time.

My best friend.

Figured he came over to borrow something.

I went in and I heard music coming from upstairs.

Actually, it's my very, very favorite song, Peppermint Twist.

And so I headed up.

Other sounds got louder as I got closer. And when I went in, I thought

Richard and my wife were having intercourse.

In my house.

In my bed.

And then what happened?

Well, they looked at me.

They stopped.

And they started up again.

Right there.

With you in the room.

Yes.

Yes.

They didn't even have the decency to stop.

Anything said to Mr. Shore by the other lawyers would be an extension of

privilege. This was not state action, Your Honor. Any breach committed by Mr.

Shore is actionable against Mr. Shore civilly.

We should not, however, be banned from using the information. This would

every principle of fairness for my client to be retried. Counsel, if this

information is true, your client conspired to let his 10 -year -old

take the fall for a double murder he committed.

I don't think you mean to play the fair discard.

I see attorneys Frutt and Stringer. I'll see you and counsel in chambers now.

Mr. Stanfield, you'll stay in custody.

Does Mr. Shore report the facts correctly?

Privilege prevents me from either confirming or denying Mr. Shore's

Miss Rott, we have a serious problem here.

If that little girl took the stand and decided on her own to lie, then double

jeopardy attaches, and Mr. Stanfield goes free.

If he conspired to commit the fraud, however, double jeopardy...

does not attach, and he can be retried.

We understand that, Your Honor. You stepped outside your role as advocates

stood before me as officers of the court. Which we deeply regret.

I am not interested in remorse. Your Honor. I'm not speaking to you, Mr.

Without asking you to reveal privilege, I would like you to either confirm or

deny what you said to me as officers of the court.

All I will say.

We believed our representation to be true.

Whether we continue to believe them to be true, privilege prevents us from

saying.

Mr. King, it is my finding the mistrial was procured by fraud.

Double Jeopardy will therefore not attach. Your client will be retried. Mr.

Campbell, get the girl out of jail.

Ms. Front.

Tell Mr.

Shore that I am recommending him for immediate disbarment.

Why does she get to testify?

I mean, why does she get to tell her story?

It's a good sign that the judge wants to hear from her, Roland. It means they're

considering our case.

You know, I don't even know if I want to do this anymore. I thought it would

make me feel better, but it's only making me feel worse.

I'm getting very angry feelings and I don't like it when I feel this way.

Big breath. I don't want to suck life juice.

Roland.

I think that you wanted to do this because you felt victimized.

And that could be what's been making you feel angry.

Now you can certainly quit now.

But it might end up making you feel even more angry.

Alan.

You betrayed me.

Did I?

Sorry. Don't be flip.

I came to you in distress, in confidence, because I had a problem and

I shared.

You couldn't live with a child being falsely imprisoned.

Neither could I. You should have come to me. In which case, you might be facing

disbarment. Perhaps you could say thanks for the insulation.

But you didn't insulate her.

What you did goes to this firm.

Our reputation.

And it's damaged.

You're right, Jimmy.

I'm sorry.

How about a hug? I'm going to pop this guy, I swear. I'm just going to hit him.

What time is the hearing before the ball?

10 a .m.

Have you retained counsel?

I'll represent myself.

And what are you going to say?

Exactly what I feel at the moment.

Your conduct speaks to the integrity of this firm.

You need to get that.

Got it.

I'm not proud of it, but I fell in love.

It happens sometimes in marriage. People have affairs.

I'm sorry I hurt Roland, and of course my children, but I fell in love.

But when Roland came into the room, did you really continue to have relations?

You know, I really don't believe we did, but...

This is embarrassing to talk about, but when you're about to climax, you're not

completely in control of your faculties.

All I can say... I never meant to hurt Roland.

He's a dear man.

I love him.

I just... Fell in love.

Quickly, I might add.

After about a year of being married to this man, having children, you were

having an affair with his best friend.

Yes. Best friend?

Yes. Why not get a divorce? Why have children?

If you were in love with somebody else.

That was probably not a wise decision, but... You made it when you were about

climax.

Objection! Getting a divorce would have cost you a lot of money, right, Nance?

Roland had lots, you had none, and the best man was unemployed.

This was never about money. No.

Simply love. Just all about love. Tell me something, Nance.

How did you not get caught for six years?

Wow. Six years. That's a really long time to pull off a lie.

Objection. Six years. She screwed his best friend in his bed.

Objection. Your Honor, why are you not ruling on my objections?

Oh, all right.

Sustained.

Dial it back, Ms. Carlisle.

People fall in love, Nancy.

I get that.

fall victim to passion.

But this, this was six years of careful planning

to avoid detection.

This was reflective, orchestrated, premeditated

deceit.

Don't you dare clump that under the banner of love.

This was evil.

You are an evil person.

Objection! Your Honor, God would like to apologize to the court.

She says she's terribly overextended.

And sometimes when she's spread too thin, people like Nancy

happen.

He wants to see me? And only you.

What's going on?

Brad Stanfield asked to see me.

You can.

I mean, he's represented by counsel and... He waived it.

Sheila, Judge Brown's office called. She's ruling at ten.

Okay.

How's she doing?

Fabulous. Although she got a little religious at the end of her cross.

Nothing religious, sir.

Just... I couldn't tell.

The problem with this lawsuit, every husband will start suing his ex -wife as

way to circumvent alimony.

We may get to the point where husbands even entrap their wives into having

affairs so they can avoid losing their houses.

This is why we have no fault, why the court doesn't even want to go there

who's to blame.

However, divorce law should not be used to shield a person

when he engages in egregious, outrageous conduct to the emotional detriment of

others.

Six years with his best friend, Ms. Huff.

I'm sorry.

A jury might throw this out, but I won't.

The motion to dismiss is denied.

I don't believe it.

We've got a long way to go. We've three months minimum on discovery. You've got

to decide if you want to settle, but the leverage is ours, Roland.

You think you've won, Roland?

You're represented by council, Miss... I don't care.

Drop this now, Roland, or you'll lose the kids.

I don't think that's your call, Nance.

You think you know everything?

Certainly not. Just a little more than most.

Little newsflash, Roland.

The kids aren't yours. They're Richard's. Nancy. What?

Yeah.

So drop this case, Roland, or you'll never see him again.

It wasn't a master plan, Roland.

It just happened.

Didn't you even wonder why they don't look like you?

Not even slightly.

All right, talk time's over.

You're not looking so smug anymore.

Come on, Richard.

All right.

I want you to drop by the office, Roland, and we will figure out your

options.

Tara, I want you to do some research.

Done.

Roland, look at me.

I told you in the beginning I'd take care of you.

And I will.

You turned in your own client?

I did.

Do you have any defense?

No.

That's all you have to say to us?

No. Well, I thought if I saved time, you might go easier.

Mr. Shore, if you find this amusing... I find it preposterous, Your Honor.

A ten -year -old girl climbs into the witness chair to declare herself the

killer, the daughter of the defendant.

And what happens? The judge says mistrial, the child goes to jail, and

thing horrifying you...

Is that I revealed the double murderer's secret?

Yes, Mr. Shore.

Because privilege... Privilege is fundamental to the system.

Problem is, Judge, the system is a disaster.

We have over 10 ,000 wrongful convictions. You're not helping

might you be helping, Judge?

Your Honor?

May I be heard?

Who are you?

My name is Eugene Young. Mr. Shore is a member of our firm, and as such, I

believe I have standing to address this tribunal.

And Mr. Shore was doing so well without you.

I, like this tribunal, believe lawyer -client privilege to be sacrosanct, and

that there could be no greater violation to this process than the breach of that

trust.

But, Your Honors, in order for there to be a breach, there has to be an

underlying trust to begin with. Here there wasn't.

Brad Stanfield lied to Eleanor Frutt and Jamie Stringer. He deceived them for

the express purpose of defrauding the court. The fact that they couldn't trust

him doesn't mean he wasn't trusting them.

Well, I would submit a fiduciary relationship has to be somewhat mutual.

Beyond that, Alan Shore had the legal right to reveal Mr. Stanfield's secret.

And how do you get that?

Well, directing the court's attention to the rules of professional conduct.

Rule number one.

In one state in this country, a lawyer may break client privilege to prevent

wrongful incarceration of another.

That state is Massachusetts.

Mr. Young, that is an obscure exception which, to my knowledge, has never been

relied upon ever. But it is there.

It is written.

The fact that Mr. Shore is the first to invoke it does not undermine its

validity.

Technically,

Alan Shore acted legally.

And moreover, Your Honor, he acted morally.

He did the right thing.

The three of you speak of prioritizing trust.

What about the public trust in our profession?

What about the erosion of respect for who and what we are? Alan Shore is an

honorable man.

He saw an unspeakable wrong, a child.

Imprisoned for something she didn't commit. And he acted to right it. He

within both the technical bounds of the law and the moral bounds of decency.

Accordingly, he should neither be suspended nor expelled from practice

he is just.

He is just.

And your honors, you need to reach into yourselves like Alan Shaw did.

And do what is right.

I'm sure the whole town's plotting for you right now.

Probably want to buy you a gold watch or something like that.

I didn't rat you out, Brad.

Neither did Jamie.

It was another lawyer in our firm.

Are you telling me you had nothing to do with this?

Oh, I would love to claim I did.

I wish I had the courage to throw away my career, but somebody else did the

dirty work for me.

You're a fan of dirty work, aren't you?

I'm glad you're enjoying this.

I am.

But you need to remember two things, Eleanor.

First, I will walk away from the second trial just like I walked away from the

first. Because you make such a favorable impression.

People like you.

And second, when I do walk away, I'll be looking you

up.

Is that a threat?

Of course not.

I don't believe you had nothing to do with this, Eleanor.

I'm in here now, but I won't be for long.

Keep talking.

I am free to repeat it all.

We're in each other's lives, Eleanor.

And the story's just beginning.

We've done some research and it's not the end of the world. Don't handle me!

Even if they are not your biological children, they are still yours.

Any child born into marriage is presumed... I want to hurt her now.

Roland, I need you to listen to me.

She can't take away your kids.

Even if they are riches biologically...

Legally, we still think that they're yours.

There are estoppel arguments to be made against Richard.

And under current adoption laws... Is he listening to me?

I don't think he's listening to me.

We're going to win this lawsuit, Roland.

We're going to try to get you full custody.

This is going to backfire on them.

Promise me that.

Please. Promise.

We can't promise, Roland, but... Yes, we can.

I promise, Roland, I'll win this for you.

We are not persuaded that Mr. Shore did the moral thing when he blatantly broke

privilege. We don't think he was just at all when he betrayed his own client.

Mr. Shore, in our view...

You have offended the very essence of what it means to be a criminal defense

attorney.

But, technically, under Rule 1 .6b1, a rule which

you probably weren't even aware of, were you?

Absolutely. I read it twice.

Under this obscure provision,

which will undoubtedly be erased now that someone has actually invoked it.

You're covered.

We don't have the ground to suspend you, however much we might like to.

We deeply hope that you will give us another chance soon.

We're adjourned.

What do you know?

Eugene, thank you.

I did it for the firm.

Don't mistake it for affection.

Yes. Thank you.

Roland, what's going on?

Are you all right?

Bedroom.

I think I need a lawyer.

Bedroom?

I need a lawyer.

I need help. Let's go. Come on.

Mother of God, our Father who art in heaven, hallowed be thy name.

Thy kingdom come, thy will be done.

Lead us not into temptation.

Deliver us from evil.

Thine is the kingdom and the power and the glory forever.

Amen.

Yeah. Yeah.