Original subtitles

Previously on The Practice.

You know, that's easy for you to say. It's not your personal life. Who's got a

personal life? Lucy!

Hey!

Let it right off.

I quit.

We all snipe at each other. The fact that they dish it out to you like

else, that's just a sign of being accepted.

I'm not that tough.

I'm just pushy.

You know, Lindsay, about a month or so ago, we exchanged a kiss. Should we talk

about it?

Not right now, no.

Christmas party. Are we supposed to bring dates?

Do you have a date?

Well, no. I haven't asked anyone. I was just wondering.

Are you bringing anyone?

No.

Thank you.

Basically, we're getting victimized by the David versus Goliath syndrome.

Poor dying man with emphysema going up against giant asbestos corporation.

Well, that's pretty much how it is, isn't it? Yes, but we've decided to

David with, well, David.

Putting it more directly, we want great lawyers who don't look corporate or

affluent. Your firm, particularly you, come highly recommended.

Well, that's nice to hear.

We'd be looking for you to handle litigation in Massachusetts state and

There are three different class actions currently pending, all in discovery.

We'd probably want you to take over, assuming we can work out the transition.

It would probably mean you're having to hire on, but we're not opposed to the

idea of supervising other firms.

Well, I'd have to discuss this with my partners before I could even consider

Of course.

Why don't you do that and get back to me?

Great.

Thank you for seeing me.

Thank you.

What's that?

Potential new business.

Why do you look so white?

Is it a lot of new business?

You could say that.

So do you say it.

Maybe two million a year or so.

Seaboard Limited?

Yes. We couldn't possibly have the manpower to... No, they already know

They said we could either hire on or supervise other firms to do the work.

Why us? They've got this new underdog litigation strategy, and they think I'm

the poster lawyer for it. They were asking about Jimmy, too. I think his

Silva caught their eye because Silva has beaten them.

That kind of client changes the firm. I'm not sure I'm ready to... What kind

client builds a firm?

If we are serious about expanding in the future... Let's call a partners meeting

and discuss it.

Great.

Jerry Green.

Second stall on the left.

Jerry?

Got myself in some trouble, Eugene.

Yeah.

What am I going to do?

Jerry.

What, my kids right now?

First, let's get you through the arraignment.

Can I go to jail one minute?

Well, yes.

Is this your first offense?

Yes. Okay.

The arraignment is in about 20 minutes.

And we'll go from there.

3 -2 -7 -1 -2.

Commonwealth versus E .J. Green.

Solicitation. Sexual conduct for fee. Eugene Young. Wave reading, Your Honor.

Plead not guilty as for personal.

We'd be asking for some bail.

My client is a respected stockbroker. He's a partner in Mosley Brunner. He's

strong roots in the community. 25 bond, 1 ,000 cash.

Trial date? Your Honor, I think we can dispose of this. Fine. Call the next

case, please.

We'll post a bond and get you out.

What's with the E .J.? Well, I know the clerk.

Put your middle name first, and then we entered it with just initials.

So, what's the deal?

You caught a break. The John was Gilbert Carr.

We got running for DA? Running for DA against my boss. In exchange for a

colorful testimony, we'll let him go.

And by colorful, you mean?

Detailed enough to kill a political career.

Uh -huh.

Probable cause hearing is tomorrow.

If we get the job done there, your guy gets immunity.

Do me a favor. If his address is on the record, would you white it out?

I want to keep his identity secret best I can. He's got kids.

I'll try.

Reportedly, Gilbert... car has denied all charges at this point, though

no indication yet that sex with a prostitute will affect his popularity.

You see how their eyes light up?

Who? The reporters.

Their eyes light up when they talk about this kid.

You can't see their eyes twinkle when they give you the weather.

Yeah.

Are you a lesbian?

Excuse me? It's really none of my business, but...

I always become kind of close with co -workers eventually, and, you know, I

figure, why wait till we're close when I can ask now?

The answer to which could bring us closer. Kind of like speed dial

Are you one? No, are you?

No. But I wouldn't be ashamed if I were.

You can get back to me, Ellen.

Where's Eugene?

Down at court, it's good to start with that.

Okay.

I think everybody's up to speed.

The big question is, should we hire and build a litigation department

internally, which business -wise makes the most sense, or do we want to hire

outside firms and supervise, which may make the most practical sense, but it

means fee splitting.

My recommendation is that we start that way, and then we expand internally so

eventually we can do all the work in -house.

My recommendation is that we don't take this client at all.

Excuse me?

Eleanor, it's asbestos defense work. So?

So do we really want to do that?

I mean, this company killed a lot of innocent people. I'm not crazy about

representing... You're kidding me, right?

No, I'm not kidding.

We represent murderers. Why would you... Not keep them in business as murderers.

Oh, please. I have to admit, Eleanor, I... Okay, wait a minute. Just hold on.

We are not talking about corporate criminals here.

Asbestos is not like cigarette companies who knowingly put out products that

kill. Nobody knew this stuff was dangerous when it was first installed.

debatable. But even so, we all know the defense strategy they employ.

Delay, delay, delay, until one of the wheezers either stops breathing or they

settle for ten cents on the dollar because they're about to stop breathing.

don't know that. Hello? They still contest liability. So do all our

even the ones who shoot people five times. And the ones who cut off people's

heads. Hey!

Do you have... Any idea how much money we're talking about? The problem is it

would consume us. This is massive product liability. We're completely

I don't get this, Lindsay.

You're the one who wants to shift into civil away from criminal. This is your

dream client.

Not asbestos. Okay, wait a second here. Have we suddenly adopted a moral

criteria for accepting new business? Because if so, nobody told me. Don't get

snide. I will get snide. The company has killed people. The only difference

between them and half our other clients is that this one didn't intend to kill

anybody, and they're willing to pay us 20 times the amount to defend them.

There's no way we can manage this. Is that the issue?

Whether or not we can manage this, because that is different than the

objection. The management issue doesn't fall under hypocrisy. Hey, bite me. All

right. Look, I think we need to have a full partnership meeting with Eugene.

There's a lot to consider here. This is a no -brainer. What is stopping you?

Some of us have brains. All right. All right. Excuse me? Come on.

Let's just table this for now. We'll talk more about it later.

Helen, hey.

Scott? Can I come in a second?

Somebody dead?

I just came by to see your new place.

Right.

Nice.

The Gilbert car case.

Scott, I'm not sure if you've met my roommate, Lindsay Dole, from Donna Young

Dole and Frat. Eugene Young's firm. The lawyer repping Jerry Green.

Oh, hi.

Well, if that isn't a hint to beat it, I'll be in my room.

I'm a little embarrassed to be making this call. The primaries are a ways off,

but... But what?

It's important that people remember Gilbert Carr's little incident.

Oh, okay. You're here to ask me to do something disgusting for political gain.

All right, let's hear it.

You can't just establish probable cause and sit.

You've got to get out some of the graphic details.

You want me to kind of star Jerry Green?

In which case, we drop on him.

It's in his own interest.

Yes, how lucky that he has you.

Like I said, I don't enjoy coming here to tell you how... But here you are.

Could you excuse me? I need to shower.

You're looking at me.

Mind zip?

Why did you ask me if I was, you know, a lesbian?

Truth? No, Lucy, lie. You can tell the truth when we're close.

I was just curious.

You got no guy in your life with a rump like yours?

Plus, the crop cut butchie -do hair. I mean, it looks good, but... I have

butchie -do hair.

It was just a question, Rebecca.

Hey, some of my best friends are lesbians.

Today it's... It's almost the thing to be.

Well, I'm not one. Thank you very much.

You know I didn't deny it on principle.

Donald Young and Pride.

And Dole.

Yes, Dole. That name's been moving up around here.

Excuse me? Never mind. No, forget never mind. What's that supposed to mean?

They're in a fight again.

Lucy.

What's your problem, Eleanor? My problem? Yes, your problem. Besides me,

have a legitimate problem? Cut it out!

God, you guys are both acting like kids.

Cut it out.

What's wrong?

An open court?

Yes. It'll be public record. It's public record now.

Jerry, if we don't agree, you could go to trial yourself, and you could get

convicted.

And what they're offering, you could have a clean slate by the end of the

And they'll conceal my name? First and middle initials, best we can do.

You could testify in...

Incognito. You mean incognito like I was arrested incognito?

Let's not kid ourselves.

The likelihood is it's going to get out.

But maybe there's a chance. You know, I didn't recognize you in the cell, and

I've known you for 20 years.

Testify and drag.

I'm not saying that it's the right way to go.

But... I don't know.

You haven't even asked me. I don't need to know. I need you to know.

Okay.

I like wearing the clothes.

Going out, wearing the clothes.

But I am not gay.

And I have never... I just would go out wearing the clothes. I've never

performed a sexual act on a man.

I've never solicited anybody.

I am not a male prostitute.

Then why did you go in a room with Gilbert Carr?

He came up to me.

Said he wanted to look at me while he, um... Said

he wanted me to talk to him, but I wouldn't have to touch him or anything.

I don't know why I said yes.

I like to be looked at in the clothes.

I'm not a male hooker.

I think we should cut the deal.

First, I... I gotta talk to my wife.

When you defend a cigarette company, you help them to go on making them. On

principle, I would never do that. I totally get it.

But with asbestos, they're not still putting that stuff out there. It's

representing somebody for something they did in the past.

It's exactly what we do with our criminal cases. Yes, with a couple of

exceptions. First, in criminal cases, you're not just defending a client.

playing a role in the system. You're safeguarding the Constitution. Okay,

is a brand -new conference table. Please don't make me puke on it. Are you the

only one who gets to talk?

There is a principle at work in criminal law. I know you know that. There's no

such purpose going on in asbestos defense work. And the defense itself

victimizes people.

It's stall tactics against people who have suffered real injuries. That's true

in any defense work. Every product liability defense is drag and stall. We

right back to hypocrisy.

Are we ready to declare right now that we will never represent defendants in

product liability cases?

You really want to be an asbestos lawyer? This is one client, a very big

client, that maybe will help subsidize us in defending some of our more worthy

causes. Now you sound like a congressman. Oh, right.

We've hashed this out long enough. Why don't we vote?

Hold on. I think everybody's biggest worry is that this work will consume us.

here's the tradeoff. We take the client, and I will farm out all of the work to

other firms.

But you're the one they want to try the cases.

Isn't that the point?

I can supervise all of the discovery, and then we get to fee split.

None of you will ever even have to look at a file.

All in favor?

I guess I can go with that.

All right.

Against?

That's three to three. I decide tiebreakers.

We reject the client.

One of the things about being a partner is you get to bring in clients.

Subject to a partnership vote.

Eugene, Gilbert Carr's lawyer is here. I want to talk. I showed him into your

office.

I was hoping, in addition to introducing myself, we might agree to coordinate

our respective defenses. Let me stop you. We've been approached by the DA.

There seems to be an occasion where they'd like to Jane to flip to John,

That would be politics.

This I know, but since the politics run in my client's favor... I won't presume

to tell you what to do, but what happened in that room, the police can't

They were followed up.

600 bucks on a table and your client had his pants down.

None of which constitutes a crime. They can't get a conviction without the

cooperation of one of the defendants. This may be true, but why risk it?

We're being offered immunity.

Immunity from criminal prosecution?

The court of public opinion might be less forgiving.

Meaning? Gilbert Carr is running for district attorney.

A prosecution against him comes with a big microscope. Anybody who falls under

it... Is that a threat?

All I'm saying is there's no need to turn this into a spectacle. I believe in

time. I can make the whole matter dissipate.

But if your client takes the stand this afternoon at the probable cause hearing,

I'm sure you can appreciate that I'd have no choice but to use my best

to discredit him. What are you going to do?

Get him to admit on the stand that instead of your basic transvestite, he's

actually a respected stockbroker?

That won't discredit him. If anything, it makes him more believable.

I could ask him his real name.

Let me do you a favor and tell you something about Jerry Green.

He's a decent guy, and as of right now, he has no real interest in hurting your

client. But cross him, sexual proclivities aside, he's one of the most

principled people I know, and extortion isn't something he'd warm up to.

Do you know the stakes here, counsel?

Do me a favor, Mr. Cameron.

When the D .A. passes the witness, don't get up.

I will get up, Mr. Young.

You hurt my client, I'll bury yours.

We have an angry Eleanor. I'll talk to her. Right now I'm late for a settlement

conference.

Bobby, that vote.

You're getting two votes okay, but you're also getting to be tiebreaker.

the partnership agreement, Rebecca.

Maybe so, but this alliance with Lindsay isn't.

What? You two being a couple, I think it's great.

But it also sets up kind of a power base. Lindsay's free to vote her way,

I'll vote mine.

Well, then maybe the problem is a perceived one, but it's still a problem

Eugene as well as Eleanor.

And you?

Bobby, I'm just telling you because I think you should know what's going on.

Thanks. Can I ask you something? I mean, I know you have to rush off, but...

What's wrong?

Well, nothing.

I mean, do people think I'm gay?

Excuse me?

Lucy wondered if I'm a lesbian because of my haircut and how I dress. I don't

know. And you took her seriously?

No, but I started thinking, you know. I can't remember the last time a guy asked

me out. Any guy asked me out.

I mean, I may not be beautiful, but...

Am I bad? Am I bad?

Rebecca, you are beautiful. Are you kidding me?

Do I look a butch or something?

Rebecca. How come I never get asked out?

Because you never leave this place. That's why.

Listen, can we talk about this later? Oh, just forget about it. No. No, I

forget. We'll talk later?

Yeah.

He's going to go drag?

Well, anything to reduce the chance of him being recognized.

Eugene, I'm willing to go initials and no address and all, but...

Come on, let's face it. The whole idea from our side is publicity. To embarrass

Carr, not Jerry.

Even so, I mean, are you being realistic about preserving this guy's anonymity?

Maybe not.

How long you known him?

We played high school ball together.

He's a good man.

I'll try to keep it short.

Susan? Hey, Eugene.

I'm sorry.

Where is he?

He said he'd be coming in with you. We brought him in the back.

With any luck, we might be able to preserve his real identity.

It might not be smart for you to be in the room. Somebody might connect it to

you. I'll be in the room.

I'll stay in the back.

I'm sorry.

You ready to go on this?

I'm not going to dog and pony him, Scott.

Tell him.

Gilbert Carr engaged a prostitute. He broke the law.

Just be a vigilant district attorney.

You don't have to distract yourself with the idea of what would happen should he

win this election and decide to clean house.

I'll prosecute this man because, like you say, he broke the law.

That's all I ask.

So I'm not going to testify in drag?

I'm suddenly thinking it'll create interest in your identity.

Plus... Plus what?

Gilbert Carr's lawyer could come after you.

Probable cause hearing, defense attorneys usually hold back.

But he might not. Can't you stop him? Well, Jerry's a witness in there. He's

on trial.

which means you don't get counsel, which means I can't protect you.

What about the district attorney?

She can protect me, right?

Well, Eugene, I'm getting a bad feeling here.

Look, Helen Gamble is a friend, but my firm has torpedoed her a few times.

Now, I think she'll be sympathetic to us in there, but I guess what I'm saying

is she doesn't owe us any favors.

This is going to be all over the news, isn't it?

My kids, people at work.

Look, I can't promise that it won't be.

Why don't we just kill the deal?

Because I don't think it'll solve anything.

At least this way, you don't get prosecuted yourself.

Honey.

Honey, I'm sorry. I just... I don't...

Right. Excuse me? I have been. You have been what?

Excusing you.

You know, maybe we should go into the conference room and discuss a few

Maybe we should.

I can take the minutes.

Quiet!

Keep everybody else out. Can you do that?

After you.

Do you see this here?

Do you know what this is, Lindsay?

A table. It's not just a table. It's a piece of across the street. The high

-rise firms with the big clients and the libraries and the computers.

Clients who don't kill people. It is a piece of across the street that you have

been chasing.

Bobby, I knew his vote.

He has some success phobia that none of us will ever understand. But you, this

new client, is exactly our ticket to admission to the other world that you

And by you voting to turn it down tells me that you are either more concerned

with your own success than that of the firm's or you are suddenly under the

influence of Bobby's bed covers. Either way, I have got a big problem.

Are you done?

For now.

First of all, this table never represented a world where we represent a

That isn't what... You said you were done. It has nothing to do with this

client. You said you were done. You just don't like the idea of anyone besides

you bringing in a blue chip. It's about the client. We don't have to do it

for... It's not who we are. It's not who you are, unless you're under some new

influence. Please don't tell me who I am.

Are you somebody who wants to cross -examine widows every day, saying, hey,

maybe your husband had the flu? You have never even tried one of these cases.

Every day, your job will be to wear them down. I don't care.

You'll be the victim eventually. We have to live up to Lindsay Joel's moral

standards of what cases we take or not. Let me tell you something.

The day I let you judge me will be the day that I walk out of his office. Hey!

I tried keeping him out, honest.

Eleanor, in my office.

Oh, go to hell!

That was rude.

Sir, calling your attention to the evening of January 1st, 1999, did you

encounter anybody sitting in this courtroom?

The defendant.

The record will reflect the witnesses indicated Mr.

Gilbert Carr. Could you describe that encounter?

I was walking on Columbus Avenue about 10 .30.

And he pulled up in his car and invited me to get in.

You were dressed as a woman?

Yes. And when he invited you in his car, you got in?

Not at first.

But eventually, I got in and we drove to an apartment.

Went inside.

And when you got inside, what happened then?

He removed his trousers and his underwear.

He said he just wanted to look at me for a minute, which he did.

Then he asked me to serve my country.

Serve your country?

He wanted me to sing the national anthem while he sexually gratified himself.

Did he give you money to do this?

He put $600 on the table.

Did you do what he asked?

And while you sang, did he in fact sexually gratify himself?

Yes. Sir, could you step out and show us how you were standing while you sang?

Objection. I apologize, Your Honor, but I'm sure Mr. Cavern will try to convince

us that his client simply hired Mr. Green to do a musical number.

Step out, Mr. Green.

If I'm Gilbert Carr...

Where were you standing?

Right about here.

And could you sing for us the way you sang for Mr. Carr?

I'm sorry, Mr. Green, but we need to get an idea of what we're talking about

here. Just a few bars, Your Honor.

The witness will sing as he did that evening.

Mr. Green.

Lucy, can you see?

Why the dawn's early light?

Objection. I'm this man's lawyer. I object to this. This man is not

by counsel for the purpose of this hearing. He is now. He cut a deal with

state, and I will advise him right now to withdraw. It's a little late.

I'm still doing it, Helen. All right.

I'm going to sustain Mr. Young's objection.

This isn't necessary.

Mr. Young, please sit down.

Mr. Young.

Take a seat.

I'm sorry, Mr. Green. I have nothing further, Your Honor.

Did you ever touch my client?

No. My client ever touch you?

Thank you.

That's all.

What the hell was that? I had

to paint a picture, Eugene. Paint a picture? That was more than paint any

picture. Hey. You made him sing the national anthem in front of a room full

people. I buried him.

And his address, I stayed away from anything personal. That was personal.

was? You stood him up there to get laughed at. Now, whether anybody ever

out who he is or not, he has to live with what just happened in that room

And don't tell me it didn't feel personal. Eugene, I did what I had to

What I told you. Oh, yeah, you were just following orders, Helen. Good for you.

I mean, you're a real team player.

Get out before I call security.

Truth is, right now, I'm kind of glad not to be a partner.

I know what you mean.

Ever since... What?

We were just talking.

About what?

Clinton!

Where'd this come from?

What? There's a medical bag on the floor right here.

Ha -ha. No ha -ha. It's right here.

How'd this get here?

I don't know. We didn't get any delivery.

Come on. This is a joke. Who did this?

It's not even his bag. Yeah, well, it's close enough.

Open it.

You open it. He's your client.

He couldn't have got another date so fast.

Funny. Eleanor, open it.

Got you good, didn't I?

Hey! It was a joke, for God's sakes!

Anybody go to hell!

When did she get so rude?

Judge ruled yet?

Ten o 'clock.

Pretty good splash, huh?

Everything we wanted.

Sorry.

You did all you could.

You talk to people at work?

Not yet.

I feel like I let you down, Jerry. I'm the one who put on those clothes and

out there.

Don't feel sorry for me, Eugene.

I did this to myself.

Feel sorry for my kids.

Your kids will stand by you.

First, we gotta get you some help.

Your kids, Susan, me, we'll all be here for you.

I was just trying to break the tension.

By putting a fake head in a medical bag?

In time, you'll all laugh.

Lucy, remember when I said you were working out just fine?

You were lying?

No, you're doing great, but maybe you can just pull back a little.

Oh.

Okay.

What does that mean?

Well, maybe you don't question people bluntly about their sexual identity.

I knew it. She is one. No, she isn't, but you see right there, your response

me probably should have been just okay.

Okay. You don't always have to spice things up with your take.

Does that make sense?

I guess.

Great.

Can you ask Eleanor to come on in?

Sure.

Eleanor, Bobby would like to see you in his office.

And don't punch me. I'm just the messenger.

Lucy.

Still too much spice?

I understand your disappointment in Arnott taking your new client. But to

Lindsay... Oh, what? She go running to her boyfriend?

I'm entitled to some respect from you. Not just because I'm seeing your

but because I think I've earned it.

I'm sorry.

What's this about?

I'd like to earn some more money, Bobby.

I'd like to buy a new car, some new clothes.

The romance of the law is great, but after a while... All my classmates in

school have houses.

I'm not ashamed to admit that I want to be able to buy things. And this

client... Is that it?

Money?

Most of it.

And then there's her.

Lindsay?

I love her. Don't get me wrong.

But this whole office expansion, everything...

It was paid for mostly with her business.

She's better than me, I know.

Eleanor, she's not better than you.

All the big clients that come through these doors come in asking for you or

not... This one came in asking for me,

and it felt good.

And now that you and she, and I am happy for that, for both of you.

But this idea that she's the chosen child, it just doesn't help it any.

all, I'm not even going to dignify the suggestion that you take a backseat to

her as a lawyer. All the blue chips come in. I cared about what the blue chips

thought. You wouldn't wear 102 earrings.

Second, even if there were some legitimacy to all these feelings, you're

to punish Lindsay because you know she's not imposing anything on you.

You know that, Eleanor.

Be seated.

As there is no allegation of any sexual contact, nor any evidence of money

actually changing hands, I find the Commonwealth has failed to demonstrate

probable cause for the arrest of Mr.

Carr. The case is therefore dismissed with prejudice.

The defendant is free to go.

Adjourned.

We've got to. Somebody got to that judge.

There is no way we didn't have probable cause.

This is politics.

Imagine that.

Well, Helen, we have to prosecute the other guy now.

Green. We already gave him immunity.

Conditioned on our getting probable cause on Carr, we didn't get it. I think

we've put Jerry Green through quite enough.

We didn't get PC. You only want to prosecute Green to keep flaming this

The man committed an act of prostitution.

Look, if we didn't get probable cause on Carr, we're not going to get it on

Green. Different judge, we will. I won't do it.

Helen. I said I won't do it.

And you won't get any other district attorney to do it either. And if you do,

I'll go to the press with the truth about your political motives.

Don't threaten me, Helen.

I will threaten you.

I am threatening you.

We just destroyed a man in that courtroom.

There's only so much politic I can stomach.

If it costs me my job, fine.

That I can live with.

Here.

You got your headline.

Now go get a conscience.

Thanks.

That's the last thing I need is for you to stick up for me. I wasn't sticking up

for you. Can you tell it to lay off me? What's that? I can fight my own battles.

I was talking to her as senior partner, which I still am. That doesn't change

anything just because I'm... You're not senior partner here, Bobby. Well, let's

put our clothes back on. We'll drive over to the office and we'll have the

conversation there.

What?

They're treating me differently ever since, you know, like I'm Helen in some

Trojan horse.

That is your imagination.

Look, can you not handle this?

Because we can go back to... Is that what you want?

To go back?

No.

It's causing a lot of... If you really want to go back... I'll understand.

I will.

My New Year's resolution was...

To move ahead.

And everybody certainly thinks that was mine, don't they?

You care what they think?

Yes. But you care more about what I think, right?

I'm not going anywhere.

I'd rather fire you.

You can't just fire me. I'm a partner.

Is your father home?

Yeah.

Can I come in for a second?

Um, I don't think so.

Okay.

I came to apologize, and under the circumstances, I can imagine how hollow

must sound.

What you did in that room was illegal.

But what I did in that bigger room was unconscionable.

I also know what distinguishes our actions, and mine was more a product

of free will.