Original subtitles

Right now, we're offering 450.

They're holding out for six and a quarter.

You're prepared to go to trial over $175 ,000?

We have to.

The insurance industry as a whole is taking a hit because we're paying out

much in damage claims.

We're now perceived as being soft, and the truth is we have to be seen as ready

to litigate.

Well, what about these big jury awards?

That doesn't scare you?

Oh, it does, but it means that we can't be satisfied with just going to trial.

We have to win.

And this starts tomorrow.

Yes, but the reality is, if the plaintiff sees us bringing you guys on

minute, they'll realize that we're serious about going to trial and we

think that they'll settle.

We're primarily criminal, Gordon, not civil. Understood.

But we are going to draw a very blue -collar jury, which is why we want you,

Berluti. Now, Mr. Young, no disrespect to your talent, which we know is

enormous. The plaintiff is African -American, as are several of the jurors.

Now, we don't anticipate any bias.

But we want that to be covered. So we want you to do the plaintiff's cross.

Now, I have a videotape of his deposition, which I'll leave for you to

But like I said, with you alongside, perhaps that will push the plaintiffs to

settle. We're so close as it is.

The plaintiff is poor, working class.

The plaintiff is 10 years old.

Our client ran him over with his SUV.

But he survived.

Oh, yes.

That's why they're holding out for six and a quarter. If he died, I think that

we could have settled for three.

I'm sorry. That perhaps sounded cold.

Perhaps.

One's older.

That's Kenny.

Then I also have a baby brother.

His name is Justin.

And the one that I go to school with is Kenny.

All set?

Ready.

Let's go.

We'll call in, let you know.

Good luck.

So they didn't settle after all? The plaintiff came down to fix, but that was

it. Is this our new direction, insurance defense?

No, but civil law is something you all want to do, and this is a good end.

now, our civil profile is non -existent. Which is unfortunate, because I'd love

to buy a house. Me too.

I was walking home from school when I got to the corner.

Pembleton and Columbus.

Yes. And I waited till the sunset walked, so I started to cross.

Then I saw it.

Saw what?

The car.

It was coming so fast.

I turned to look, but it was too late.

Before I could even move, it had hit me.

Could you see who was driving the car?

Only that it was a man, and he was wearing a suit, like a business suit.

Did you see anything else?

I saw he was looking down where a phone would be, and he wasn't looking at where

he was driving.

Objection.

Overruled. It's his observation.

Can you tell the jury about your injuries?

I had broken ribs, my lungs was hurt, my arm was broken, my

head was hurt, and a bone was broken in my shin.

Have you had any other problems besides broken bones?

I can't learn.

You can't learn?

I don't remember anything that they teach me at school.

Could you before the accident?

Yes. And you've talked to the doctors about these problems you've had

Yes. Did they tell you whether or not these problems would ever go away?

They don't think they will.

Thank you, Jason.

Right now, another lawyer's going to ask you a few questions, okay?

Okay.

Hi, Jason.

I'm Eugene Young, and as Miss Turner said,

I'll be asking you a few questions.

If at any time you need a break, you just tell me, okay?

Okay.

First, let me say how sorry I am that you got hurt and that I hope you get

better. Thank you.

Now, you said you were walking home from school that day, right?

Yes. At the corner, you said you waited for the sign to say walk.

I did.

Well, there was a witness, Jason, a Mr. Anthony Walker.

And he said upon hearing the impact, he looked up, and he said he noticed the

light was flashing, don't walk.

Well, it said walk when I started to walk.

Sometimes it changes when you're halfway across.

Were you halfway across?

According to the police investigators, you got hit when you were about 10 feet

from the curb.

So that would mean that the light changed to walk, you walked 10 feet.

and then it changed to don't walk.

Is that what happened?

I don't know.

Is it possible that when you got to the curb, you looked up, saw walk, then

walked?

That's what I said.

Well, actually, you said you waited for it to change to walk, and that's where

I'm having difficulty.

Now, if it had already been flashing walk when you arrived at the corner,

can see how you might only get 10 feet or so.

Could it have already been on walk when you arrived at the corner, Jason?

Maybe. All I know is that it said walk, and I walked.

You said after the accident, you've been having trouble remembering things,

right? Yes.

Jason, truthfully, do you have a little trouble remembering the

accident itself?

When you woke up after the accident and the police asked you what happened, did

you remember?

Not right away.

Well, how long after the accident did you start to remember?

It took a long time.

You're still expecting me to blink?

Audrey, the boy's memory is suspect.

No skid marks, Gordon. Middle of the street. But if he dashed... Nobody saw

dash, least of all your client, who was trying to place a call. The one and only

witness saw.

Don't walk.

How many times have we had this give and take? Many times, but I'm the only one

who seems to be giving. You haven't... $4 .50 for a boy with permanent learning

disabilities. And my doctors say it most likely isn't permanent. The truth is

it'll be years before we know.

I am putting an extra 200 on the table for it now.

And all this assumes that you can make on liability, which is not a lot.

I'm not taking 450.

Why don't we split the difference and go home? Five and a quarter. 550.

525. I know you've done the numbers.

It's a good offer.

And it's final.

Yay or nay?

I'll just go sit with the family.

How'd it go?

Eugene was good.

Gent. But he caught some discrepancies.

I don't think the boy really remembers the accident. Eight and a half at the

time. Well, there's another offer out. The feeling is they'll grab it.

Can I help you?

Yes, I'm looking for Gordon Keene. I was told he might be here. No, we just left

him. I think he's on his way home.

I'm Dr. Harold Manning, Vice President of Medical Affairs for Brentford Mutual.

This firm, I understand, is on the Jason Lees case.

Yes.

Could we go somewhere and talk?

I've worked for Brentford Mutual for almost 20 years. I review files, medical

histories, in part to be sure they're not being defrauded.

You think Du Bois' entries may be a fraud?

No, certainly not.

Everything listed in the complaint is real.

It's what isn't listed.

I'm not sure I follow, Doctor.

This afternoon, in preparing for the case, one of our staff physicians went

over the file along with all the x -rays.

He saw something on the MRI.

A tiny marking at the base of the brain.

He had me look at it.

At first, I assumed it was minor bleeding. We often see that in this kind

trauma. But I looked closer.

You think it may be more serious?

I'm certain it is.

Mr. Lees has a dissecting aneurysm of the basilar artery.

A small tear in the lining of the artery.

In time, that tear will likely get progressively worse until eventually the

of the vessel ruptures.

What are the chances that'll happen? It will happen. The question is when.

Maybe today, maybe ten years from now.

Without immediate surgery to repair the damage, his life is at significant risk.

Wait a second.

Jameson Lees has a team of treating physicians.

I have to believe they're aware of this. If they were aware of this, the boy

would have been rushed into surgery. His doctors obviously missed it.

We missed it until today.

Have you notified his family or his doctors?

I can't. As an officer of the company, I have a fiduciary duty to Brentford

Mutual. I cannot disclose if it's against their interest.

So they don't even know?

No, they don't. What about Gordon Keene? Does he know about this?

No, that's why I've come looking for him. I couldn't get him on his cell.

What you're telling us, Doctor, that boy's life is in immediate danger.

That's exactly what I'm telling you.

I just got off with Dr. Scanlon. He agrees.

Aneurysm. Okay.

Whatever they counter tomorrow, we'll accept it, and we'll get the settlement

entered immediately.

Tomorrow? That kid is in danger tonight.

We can't get a settlement entered tonight, Jimmy. So what?

Gordon, I hear you, Bobby, but the client has instructed me to get the case

settled. If that aneurysm bursts tonight, Burford Mutual will be on the

ten times that amount. They're willing to run the risk, evidently. I'm not.

That's not your call.

This is privileged.

It's work product. We can't let a kid die.

Come on. We are going to settle this thing and then enter it. Then they'll

try to avoid it on fraud as soon as we tell them. Did you advise the client of

that? I did.

And?

A client doesn't want us to tell even after the settlement.

You've got to be kidding me.

Bobby, Brentford Mutual is hemorrhaging, if you'll pardon the terrible pun.

If it gets out that that kid has an aneurysm, it's a multi -million dollar

verdict, even if they're able to repair it.

And if it should come out that we knew about that aneurysm and we didn't tell,

the public relations alone... That's thick.

There's got to be a way around it. There isn't.

The client has given us the instruction.

We are ethically prohibited from revealing this information.

Now look, I don't like this any more than you do, but...

I'll take it from here.

I'll get this thing settled in the morning.

Thanks.

We're just going to sit on this?

Lusby, get me Anderson Pearson.

I'm afraid Gordon Keene is right.

He can't be. If we know a client is about to cause serious bodily harm,

allowed to tell. No, that is different from knowing somebody's medical

as a part of work product.

Why? Why should it be any different? In both instances, we have knowledge

somebody's about to get hurt.

Perhaps that distinction is a ludicrous one, Bobby, but currently the law makes

that distinction.

If you know your client is about to commit a crime and cause bodily injury,

are permitted to tell.

But a medical condition in a civil matter, unless you get the client's

permission, you are frozen.

Can't you get the client to move on this?

No.

All I can think of, after we settle the case, the client might be less panicked.

Maybe then we can convince them to tell.

But as King said, the risk there is so great. Well, I can't think of anything

else. Can you?

Jimmy?

Jimmy, any ideas?

No.

Where are you in the trial?

Well, it's obviously going to settle now. But if for some reason it doesn't,

you ready with your closing, Jimmy?

Jimmy, is your closing ready?

I was going to head back to work on it now. I don't think we'd get there

tomorrow. You've got to stay focused.

I'll be ready if need be.

No, sisters.

Just me and my two brothers.

My parents wanted a girl when they had me.

At least that's what my older brother tells me. He says that to punk me. He

punks me all the time.

Mr. Leith, my name is James Berluti. I'm one of the lawyers representing

Brentford Mutual.

Yeah, I recognize you.

I'm sorry to bother you this late.

Your son... Your son has an

aneurysm at the base of his skull.

What? Our doctors reviewed his MRI today.

I've called an ambulance. It's on the way.

We need to get him to a hospital.

Where is he now?

It's in bed. You need to get him up.

Mr. Lee, you need to get your son out of bed.

You got it?

It's just a precaution, sweetheart. You're going to be fine.

You're going to be fine.

Jimmy, Dr. Manning was right.

The boy went into surgery a couple hours ago.

Did anything happen?

No.

I told him.

You told him?

Jimmy informed the parents the boy is in surgery.

Are you out of your mind?

Yeah, I am.

And you can go tell your client, Mr. Keene. If they want to report me to the

bar, go ahead.

But like you said, the negative publicity will destroy them, and I'll

plenty of noise. Trust me. Is that all you thought about Jimmy being disbarred?

You personally and your firm will be on the hook for any damage awarded but $550

,000. You think about that? I wasn't going to let that kid die.

We removed the aneurysm, clipped it without complications.

He's going to be fine.

Could they tell whether it was about to burst or not? Not really, but it was

dangerous enough that they had to operate right away. Was there any

the brain? No, because it never ruptured. They clipped it.

I take it the case isn't about to settle now.

Oh, no.

And we were fired.

Sorry. I'm proud of you, Jimmy.

I'll probably never get my house now, but I'm proud of you.

Me too.

Jimmy, that was the board of borrowers here.

You've been summoned to appear today at 1 o 'clock.

What? They actually reported me. I didn't think they'd dare.

Brentford Mutual didn't report you.

Who then?

Keene?

I reported you, Jimmy.

What?

Under the canon of legal ethics, I had a duty to report you.

And if I had a vote...

I'd recommend you be disbarred.

They're calling them in at one o 'clock.

I heard.

Why didn't you check with me first?

Did Jimmy check with you before breaking the client's privilege?

You revealed a pretty big secret yourself, Eugene.

Jimmy just told the parents that the kid was sick.

By reporting him to the bar, you revealed that it was the client's intent

tell. And the publicity of that may be what brings them down. Did you consider

that? I considered this.

Jimmy should go.

You put us all at risk, Bobby.

To flex his conscience, he jeopardized this entire firm.

Same as he did when he stole client funds to pay off his gambling debt.

You should have come to me before. You would have done nothing.

You're a nice guy.

You would have let it ride because Jimmy's a nice guy. He would have cried,

sorry, it won't happen again, and you would have bought it. Well, I'm not

it anymore.

I'm not letting him take me down and everybody else enough.

is enough, he has to face the consequences.

I don't set a lot of rules here.

But we don't turn on each other. I didn't turn on him.

He turned on us with what he did. He put us all at risk. When I reported him, I

protected the firm. So you were protecting us. Damn right. Then why not

about it?

Why not come to me before... Because you would have protected him and put the

firm at risk too.

Then aren't we all lucky?

To have you to look out for us.

Imagine how safe you make us feel.

You taking his side, Bobby?

What he did was wrong.

But I don't like what you did either.

And if you think you did it the way you did to protect us, then you're lying to

yourself.

Obviously, we were still processing the new information and trying to decide

what to do.

It was an extremely agonizing decision for all involved.

As you left it with Mr. Belluti, the client's decision was not to reveal the

boy's condition.

There was nothing to be accomplished in the course of the night, so General

Counsel at Brentford Mutual... Mr. Keene will be here all day if you choose to

dance. I know you're trying to serve the public reputation of Brentford Mutual,

but that's not what this... hearing is about.

Yes, Your Honor.

Mr. Young has reported to us that the client's unequivocal instruction was for

the attorneys not to reveal what the client had told them about Jason Lee's

medical condition.

Is that true, sir?

Yes.

At the time that Mr. Berluti chose to tell them, the client's wishes were that

he not do so.

And from your observation, Mr. Berluti was aware of the client's wishes.

We were all acutely aware, yes.

Okay, we'll take a short break, then resume with Mr. Belluti.

Okay, my opinion? We just go with straight emotion.

All of this happened so fast. You certainly did the humane thing.

Basically, you went on autopilot, Jimmy. I agree.

You're dead on the law, and Hiller, we know how she is. Just tell them you blew

it. Show some remorse. They can't be without compassion.

Okay.

Is the hearing going on now?

We're on the break.

But it's a closed session, Mr. Lees.

You can't go in.

Where's Mr. Baluti?

He's meeting with his lawyers.

How's your son?

Do you care, Mr. Young?

Look, Mr. Lee, please try to understand.

In the legal profession, there's a certain code.

That we have to live with.

Then you live with it, Mr. Young.

You live with it.

I think, you know, emotion got the better of me.

I kind of snapped.

You kind of snapped?

Like insanity?

No. No. I knew what I was doing.

And I admit what I did was wrong.

But let's not forget...

A life was maybe saved.

That boy could have died.

I'm a little confused.

You say you admit what you did was wrong. Then you go on to defend it.

Do you think it was wrong, or don't you?

Well, I knew it was wrong under the law.

But on a human level, I guess I feel justified.

So you chose to commit a knowing violation of the law because you

that law?

It was a very emotional night. So absent, that emotion.

As you sit here today, if you had it to do all over again, your reflective

choice would be to preserve the client's secret.

You wouldn't tell the parents.

Do I state it correctly, Mr. Belluti?

No, you do not, Your Honor.

If I had to do it all over again, I'd do exactly the same thing. I wouldn't let

that kid die.

Would you?

I wouldn't even ask myself the question, sir. We don't consult our personal

feelings on a case -by -case basis.

As officers of the court, we abide by the law, and under the law, there is no

real question here.

With all due respect, Your Honor, if you feel that way, then... It's not up to

us to feel that way. But we do.

Whether the law says we can or not, we feel.

And if you can be that cold about it, I don't care how good a judge you are.

You're not my idea of a human being. Jimmy. No, I don't care.

I won't be judged by the three of you.

I won't be judged by you.

If we're a society of laws, if we're a society that says, let that kid die.

Then the society needs adjusting.

So we should let every lawyer act according to his or her own conscience

regard for what the rules mandate. The rules should have regard for a

conscience. Yours?

Mr. Young's conscience might tell him to preserve the trusted confidence of a

client. Mr. Young doesn't act out of conscience.

Pick another example.

I think we understand your position.

You don't believe what you did is wrong.

And faced with the same choices, you'd do the same thing over again.

Yeah.

Okay. I think we're done.

How'd it go?

Not well. Did they rule?

Under advisement. Okay. Thank you. I appreciate it.

They're willing to let me make a brief summation before they decide.

So, I'm going to get to work on it.

I don't have a conscience.

No, Eugene.

You don't. All right.

It's all too easy for you. Jimmy.

What'd you do last night? Go home, flick on a ball game? You did the easy thing,

Jimmy. I don't want to hear any of this. Well, I want to say it.

We all wanted to tell.

Of course we did. We were bound by ethical duties. Duties we swore to

Tell me about ethics. I am telling you.

You falsified loan documents. You got fired from a bank. That's how you got

hired here in the first place.

Old news. A month ago, you stole from a client to pay off your bookie. I damn

well will tell you about ethics. You're a thief.

And last night, you forked over a client.

Was it a popular thing to do? I'm sure yes. They'll probably give you a medal

for it. But it's not what we do.

Not to the client. And as lawyers, Jimmy, we owe them our trust.

Our trust.

You're not trustworthy.

You put no premium on what it means to be a lawyer. You disgraced everybody

here, and you may have put us all out of business in the process.

You want to call yourself a friend, Jimmy?

You're not my friend.

You done?

How convenient for you.

I'm a gambling addict, but I stole that money.

Makes it so easy for you to conclude you got some moral superiority going.

You're more ethical, so hey, you must be right on this, huh, Eugene?

But you're not right.

You would have let that kid's head explode.

You're not right.

And going behind my back, I guess that makes you a friend.

Why didn't you resign, Jimmy?

You're about to go blow a confidence, put the firm at risk for a million

malpractice claim minimum.

Why not quit first to protect us?

Your conscience ever get out of thought?

No.

But I'll tell you this.

I quit now.

one man who scored 189 career touchdowns, one defense that played as

high -powered offense, and y 'all won't believe who's three and a half.

I don't want you to quit.

I know you don't, Bobby, but this was an extreme situation.

For my money, you took us all off the hook.

We all want you back.

You people have been so good to me, Bobby.

I know I haven't lived up to... You really believe that?

Overall, I've been a liability.

You still think of yourself as Jimmy the Grunt?

Do you ever stop to consider what a great trial lawyer you've become?

Did you pause for a second to wonder why Brentford Mutual hired you here?

You've become a gifted trial lawyer.

Now you tell me.

As it's all about to end.

Suppose it doesn't end.

Will you come back?

Of course I don't want to leave.

Working pretty late?

Just hanging out with all my friends.

You don't think we're your friends now, Eugene?

I don't know, Rebecca.

I just see and hear you all cheering for Jimmy.

Eugene, we're standing by him not because we necessarily agree with him,

because he's family.

You went outside of the family on this one.

It was the right thing to do.

Clearly you think that.

The circumstances were extremely exigent.

A human life hanging in the balance. Nobody could presume to know the vice

Berluti was in two nights ago.

Ms. Front, I'm sorry. I have to stop you.

Lawyers are trained to make difficult decisions.

You people of all people make them daily. I've watched you do it in my

courtroom. Not with these kinds of stakes.

Look, arguing his compassion isn't going to fly.

Do I get to give my clothing? Yes, you do, but I'm advising you not to whack us

on the head with emotion.

Especially since your client says he'd do it all over again.

He has a problem.

You've got the problem. Jimmy, since you don't want to let Eleanor talk, how

about giving me a chance?

I thought we heard you clearly yesterday.

But if you have more to say, I'm sure we're all quite wrapped.

I've made a lot of mistakes.

But telling those parents to take their son to a hospital wasn't one of them.

Yes, it was.

You don't get to decide when you follow the rules and when you won't.

Otherwise, what kind of anarchy would we have?

If the rules are a lawyer can't tell a boy or his family that he has a life

-threatening medical situation, an emergency that could kill him any

the rules say don't tell, you got a problem.

You all have a problem.

This system has a problem. I'm sorry.

Is it us on trial now? Maybe you should be.

The adversarial process stopped being about the truth a long time ago.

The adversaries lie to each other. We lie and tell false truths every day.

And you wonder why nobody respects us.

It started off being about fairness and due process, and it's become about

winning. And now, we just sit quiet while an innocent kid has a time bomb

in his head?

We're duty -bound to let him die out of privilege, and you expect the public to

admire our profession.

A person who's honorable, a person with integrity, a person who believes that a

human life has sanctity doesn't let an innocent child die.

I said this yesterday, and I'll say it again.

I will not be judged by you.

I know I've been stomping my foot with a lot of righteous indignation, but

Eugene was right about one thing.

I should have had the decency to quit before I... I just didn't think to do

I'm sorry for putting the firm at risk.

Anyway...

May I see you a moment in private?

I don't want to get into it anymore with you.

May I see you in private, Jimmy?

The reason I, uh... My

brother.

He died in prison serving time. It's something he didn't do.

The police coerced a confession that... The police,

they had no regard for the system.

And if the day comes the lawyers start giving up their clients, giving up their

secrets, then the system has...

I

put my murderers... Back out there and I can count in the name of this system. I

need to believe in this legitimacy.

I went home the other night.

And I wanted to tell that family just like we all did. I kept telling myself I

had no choice. The rules were clear. I had no choice and I was prepared to let

that boy die. But what you did was point out.

I had a choice.

A choice you made that I... I didn't.

I suppose... You, uh...

You did what you did and was acting out of emotion.

My doing what I did, reporting you going outside of the family, I was acting on

emotion as well.

Anyway, I, uh... You're good with me.

And I hope in time I'll be good with you.

They're back with the ruling.

Mr. Belluti, you touched on a number of themes that are very close to me.

It's true we no longer impose the burden on attorneys to be honorable, and

that's unfortunate, if not disgraceful.

But it's also true, which you know full well, legal ethics and morality

are not only two distinct concepts, they're quite often mutually exclusive.

And if lawyers...

Start letting personal morality be their compass.

The system and all the participants in it are collectively lost.

So we carve out rules, many of them quite strict. And the strictest, perhaps

most paramount, goes to client trust.

What a client tells his lawyer is sacrosanct.

The attorney doesn't get to decide when he'll honor the privilege and when he

won't.

You broke that seal, Mr. Belluti.

The rule we hold most dear, you broke it.

And your moral preaching aside, there's no excuse for it.

None.

That having been said.

This board does have discretion as to what we do with you. We applied a very

unscientific test back there. We asked ourselves, is the profession of law

better served with you in it or out of it?

We decided, better to have you in it.

You're suspended for three weeks.

We are adjourned.

How about that?

I survive.

Come on.

We've already blown most of the day.

Let's get back to work.