Original subtitles

Previously on The Practice.

We need to have all the computer passwords changed by Thursday noon.

This is extremely confidential.

Eugene's hired a labor law firm for something.

All the computer passwords are being changed.

It looks like someone's getting fired.

We've decided to let you go. Go where?

Here's a check.

Representing two weeks severance pay.

I'd like you to leave immediately.

I've generated fees in excess of $6 million.

You've handed me a check for $15 ,000. You can keep it.

Alan Shaw seemed to know this was coming.

Did you tell him?

Yes. Your employment here is terminated.

Forty minutes ago, we fired Alan.

I'm sorry? Jimmy and I agreed that on balance... You and Jimmy agreed?

Why wasn't I... Because you're his friend. That's crap!

I'm sorry.

I'm going to try and dissuade them from... Eleanor, it's a place of work.

Nothing more.

I didn't figure you'd go so quietly.

Who said anything about going quietly?

This is going to get very ugly.

Eugene.

He struck again.

What now?

This message is for Eugene and Jimmy, especially Jimmy. I just want to say I

miss you all terribly, and I can't wait till I return, which should be very,

very soon.

He's on my computer, too, brushing his teeth.

Has he made any attempts to take files?

Not that I can tell.

Eleanor, tell your friend if he continues to break into our computers,

going to the police.

Yes, Eugene.

I've demonstrated such a fine ability to control him, haven't I?

I'm off to court.

You're giving me $5 ,000?

Yes. For what?

What'll it get me?

A slap in the face.

And it'll be free.

All right, I got you fired.

No, you didn't.

I made the choice to betray Eugene. You don't owe me anything.

That isn't true, and we both know that.

Look, let me at least try to get you rehired someplace else. I've got my bar

exam coming up in July. I should probably take time off anyway.

I'm fine, Alan.

I don't like being in someone else's debt.

So what are you going to do?

Why, I'm going to get what's mine, of course.

Which is the real reason I'm here.

If this should go to trial, witnesses will be called for both sides.

May I call you to be on mine?

What did I witness?

For starters, the conspiracy to fire me.

I also suspect they might try to raise my ethical deficits as grounds for the

discharge. You might be able to bolster my estoppel claims, as well as, well,

you're familiar with the doctrine of unclean hands, aren't you?

How many is this going to get?

May I count on you, Tara?

I need you.

I can't believe they're actually prosecuting me for this.

This isn't right, Eleanor. Jerry, you did hit a police officer. In self

-defense. Well, come on. It wasn't exactly... You said you would make this

away. Those were your exact words. I thought I could, but they're choosing to

make an example. I will lose my job if I get a conviction.

My boss wants to fire me already, and he says with an assault conviction, that's

caused. And I may lose my kids, too. Oh, my ex is always revisiting custody, and

he's licking himself over this.

I cannot get a conviction, Eleanor. You promised me. Carrie, listen to me.

We are about to go into that courtroom.

It is important... Don't talk to me like I'm a child.

I am talking to a criminal defendant.

Your demeanor will factor into the disposition.

You need to rein yourself in. Do you understand?

You promised me.

Have you been dissatisfied with our performance to date? Far from it. I

you're superior lawyers.

But I did come here because of Alan Shore.

And now that he's gone... We certainly respect your relationship with Alan.

And I realize our experience is primarily criminal.

But we have become full service with some remarkable results in civil cases.

Against the tobacco company, against... Mr. Young, I run a securities firm.

Alan Shore has much more experience with... Certainly, if you choose to go

another firm, we will honor that decision.

But as your current lawyers, we have a fiduciary duty to advise you that...

There are many firms that can give you great

service.

But I must strongly caution you against going with Alan Shaw.

Why?

It is our belief that he is unstable, that he has self -destructive

tendencies, that he's also prone to committing unethical, sometimes even

criminal acts.

You're in the securities business. You have to avoid even the appearance of

impropriety. One false step can cost you and your shareholders millions of

dollars.

Now, of course, we would like you to stay with us.

But wherever you take your business.

I would urge you again not to take it to Alan Shore.

At first she was polite.

But as soon as we told her to relocate, she became abusive.

And what did you do then?

I informed her that if she wouldn't move peacefully and willingly, I'd have to

physically escort her.

And how did she respond?

She said something about me having sex with my mother.

And then what happened?

I proceeded to physically escort her, and that's when she assaulted me.

Officer, I have a videotape made by a bystander, which I would like to play.

Objection. Overruled.

Okay, we've highlighted you and Miss Moses to make it easier to see.

This is, in fact, you?

Yes, it is.

She's arguing with me at this point.

Right here, I put my hand on her elbow to escort her.

Did this tape fairly and accurately reflect what happened?

Yes.

Thank you, officer.

Could you tell us why the crowd was gathered on Boylston Street?

There was a presidential motorcade.

President Bush was in town.

Yes. And why did you object to my client being in this crowd?

She was carrying a placard that was critical of the president.

So you made the decision to relocate her?

Yes, ma 'am. Acting in concert with the Secret Service.

The Secret Service asked you to remove my client?

Not her specifically.

When the president travels, the Secret Service scouts the location in advance

and directs local law enforcement to set up free speech zones, or...

protest zones, where those who choose to protest can assemble.

So you told my client she had to go three miles away down by the harbor.

where the designated protest zone was, down in... So to carry a placard to

protest against the president, one would have to go to a place where the

president couldn't possibly see it. It's an anti -terrorist policy.

Terrorist? Yes.

Terrorists pose a security risk and obviously tend to be anti -U .S., so we

relocate protesters to where they won't pose a risk to the president.

Just so I'm clear, people with pro -Bush signs were allowed to line the streets

for their motorcade. People with anti -Bush signs were either taken away or

arrested.

Basically. And when you tried to explain this to my client, she became enraged.

Very enraged. And as a result of her rage and you trying to physically escort

her, she threw a punch.

Basically.

It's stunning.

Recently, two grandmothers were arrested in Florida for waving tiny handwritten

protest cards outside of the designated free speech zone.

What's the point?

What's the point?

You didn't want to have a beer to lament the demise of free speech. What's the

point?

I know you hired a lawyer.

Alan, give it some time so tempers can... I'd like to work this

out. So would I. Then you can't be sending emails of yourself if you

Eugene and Jimmy.

Look.

You can't get fired by two firms in one year. As brilliant as you are, your

career will never recover.

You need to work this out. I land on my feet, Eleanor.

I could show you the bunions to prove it.

I need you to work this out.

I can't bear the idea of going back to work with you not being there.

A fight hurts everybody.

I need to be able to bring Tara back.

Let's get this to the table, and we'll work it out.

All I'm asking, Eugene, is that you keep an open mind.

Has it ever been open?

I don't think it's my objectivity that's in question here, Eleanor.

Okay. I'm biased.

I plead guilty.

But I am speaking objectively when I say a war is bad for business. Our

business. Look at any law firm divorce. Show me one where anybody has come out

ahead.

We'll talk to the man's lawyer.

I like President Bush.

I voted for him before. I'll probably vote for him again.

And I'm pro -war. I'm not one of those liberals.

I cheered when they caught Saddam. So did my kids. He wanted to cut off his

and play soccer with it.

Carrie, what were you protesting that day?

The environment.

You're against the environment?

No, I'm for it.

I'm very concerned about the air my kids breathe and what I was protesting.

See, the EPA puts out some report to give the public warnings and stuff on

environment. And the administration censored it so the public wouldn't know

they were trying to warn us about.

What's up with that?

So you had a placard?

Saying don't censor the EPA.

And this policeman tells me that I've got to go somewhere five miles away from

the motorcade.

So when he told you this?

I hit him.

Not right away. We first had words.

He said that my carrying a placard on the EPA somehow made me a security risk.

I said, what about my right to assemble?

He said, I got a right to assemble, but it's in another section of town.

And then he got belligerent and dismissive. And that's when I made

him in an unfavorable light. And at that point, he grabbed me to pull me off.

And on instinct, I lost it.

Free speech zone.

I thought this whole country was a free speech zone.

What do you mean I didn't do well?

You did great, but you came off a little gruff.

Gruff?

You could have left out the playing soccer with Saddam's head.

That doesn't make me gruff.

Carrie, I'm just afraid the jury is going to read you as antagonistic.

I could probably plead this out on a misdemeanor battery.

But...

What about my right to protest?

Well, that right doesn't include punching a police officer. And you don't

to go down on a felony.

You know what, Eleanor?

I got rich relatives in Europe.

They visit sometimes and they come to Boston to see musicians and stuff. And

they're snooty.

I'm not sure that's relevant.

I'm getting to it.

They're snooty about their money, about their country, about their intellectual

whatever. And they look down on me.

And you know what I tell them?

What I say I got that they don't got?

America.

A true democracy.

Real freedom.

And I don't mean to sound like Patrick Henry and all those dead presidents.

Patrick Henry was never a president.

But to be able to vote, to protest, to do all the things we went to Iraq to

the Iraqi people the chance to do, it means something.

I went to that motorcade to voice my opinion, nothing more.

That cop told me that I couldn't do that.

Now, maybe I shouldn't have hit him, but I will not plead out on this.

I have not yet begun to fight.

John Paul Jones or somebody said that.

Was he a president?

No.

I can't walk away from this, Eleanor.

This isn't right.

And I need you to fight for me.

I'm not necessarily defending him on the merits. How can that be?

You're a lawyer. He hired you as his lawyer.

How can you not defend him on the merits?

I don't know all the facts, Eugene.

But let's assume, for the sake of argument, the discharge was justified.

It was.

From my understanding, some of the worst things he did, he did in the beginning.

Which you knew about.

Which means he may have some unstoppable arguments.

Just because we may have known some of the stuff he was up to, that doesn't

we sanctioned it. I'm not suggesting that. Then what are you suggesting?

You took the money.

It doesn't seem fair that you would profit from the very conduct you're now

citing as the cause. I'm done.

Done? You just sat down. Let the man sue. If he thinks he's got a case, I'm

ready. That kind of emotion suggests that you might be personalizing this a

little.

Take a look around, Mr. Billings.

This is a firm I've given the last 15 years of my life to.

Your client, Alan Shaw, devalued that.

I take it personally.

I'm not ashamed to take that personally.

All you need to know, Eugene, I won't lose.

As senior partner, I recognize it would be in the best interest of the firm to

work this out quietly and quickly.

But you know what?

Let's fight, Alan.

I want to go to court, lower myself into the trenches and have the kind of

street war I'm capable of.

But not to worry.

Because you won't lose.

My advice is to walk away.

Hey, you and I could start a firm.

Assuming I pass the bar, I don't think how exciting that would be.

What is with my head? I'm feeling drunk.

Is it possible to get drunk off one shot of liqueur?

Probably not, but I've been pouring vodka in your drink.

Alan. I was hoping it would lead to intercourse.

In times of stress, I find solace in warm, dark places.

slipping me liquor to get me into bed.

That's date rape. Oh, don't be so trendy.

No, really, it's not funny. Is that the reason why you showed up here? I

wouldn't have actually slept with you, Dora.

It's more about knowing I can. It's the conquest with no fear of infection.

Alan, are you interested in a relationship with me?

You needn't worry about it happening. I never actually let it.

So I'm offering you a rare bite at honesty.

Are you interested in me?

I find you very interesting.

You and I would last a week, Tara. I mean, an absolutely glorious week, but

I'm only here now because Eleanor is in trial and I hate getting drunk alone.

I do have a friend, though.

A friend?

She saw me with you one night and she couldn't stop going on and on about

what it must be like to kiss you.

Your friend's a she, even.

She had some ridiculous idea that... I don't know.

Those lips were different from...

Lips are lips, I said,

and since most people close their eyes while kissing, it really doesn't matter

who or what.

More vodka You

seem a little fragile

Paul

did it, you know

I'm sorry?

Paul Stewart.

He killed Brenda Wilbur.

Everything turns out badly in the end.

That's the only life lesson one needs.

Anyway, I'm sorry to have intruded.

I don't think you should drive.

I took a car.

It wasn't mine, so I'm sure the police are out there, but they'll give me a

lift.

You do know that you and I wouldn't work.

I do.

You're not nearly tawdry enough for me.

For your friend.

And whoever else might be curious.

Good night.

Tara.

Relax. I don't want the key to your heart.

Just the office.

Excuse me?

They changed the locks.

But the master key should still work.

And you have it.

Don't you, Tara?

Did you call Eugene?

I had to. I can't get in. I consider calling the police.

I got here at eight. It was already like this.

It's a new lock and a new master.

This is trespassing.

We can arrest him for this.

Oh, hello.

Gosh, we're not open yet. Please come back at nine.

It's almost nine.

Jimmy, follow the trespassing report with the police. Jamie, Lucy, let's

TRO. He's in there collecting client files.

Now then, who has business?

Perhaps a slight explanation is in order.

I'm invoking the doctrine partnership by estoppel. It's a well -defined theory

under Massachusetts law. I'm sure you know it.

Given the huge imbalance with respect to billables, I took it upon myself to

declare me as senior partner. Imagine.

Good news is I've decided to keep you on, Eugene, in an associate position.

Bad news, Jimmy, it's not working out.

Get out of my firm.

Your firm?

You pay office rent, Eugene.

You lease the equipment. As for the clients, keep yours, I'll keep mine.

Let's do the math.

I will physically throw you out. Please do.

Hey, come on.

Look, Alan, obviously you're trying to provoke something.

What, you think you have a better legal case if Eugene attacks you? It wouldn't

get worse.

This is ridiculous.

Challenge the firing if you want, but you can't just break in, change the

and take over the firm. I did take over the firm while I was here, so... Okay,

fine. If that's true, have a judge declare it. But this is like some

coup.

Be reasonable.

I'm persuaded.

I'll let the judge decide.

He obviously got what he came for.

On March 7th, there was a presidential motorcade in Boston.

Hundreds of thousands of people came out, some carrying signs in support of

commander -in -chief, some waving placards in protest.

The ones protesting were removed under the threat of arrest.

The ones in support were allowed to stay.

What's happening to us?

I realize we live in a different world since 9 -11.

Certain liberties we just have to forfeit.

Search our luggage at airports, conduct racial profiling, put up cameras to

watch us on street corners. None of us like any of it, but we have to

understand.

But silence our voices?

Make it a crime to engage in political dissent?

segregate people based on the content of their ideas?

And it's not just going on in the government.

Let's look at television.

The Super Bowl, for example.

They bombarded us with ads on beer, erectile dysfunction.

It's okay to see dogs biting crotches and farting donkeys, let alone the

halftime show.

But a spot containing political content?

That has to be shut down.

What is happening to this country?

Historically, we have always been a nation that has championed the idea.

Today, if the government doesn't like your idea, you can be cordoned off to a

designated zone where it is guaranteed to get no exposure.

It goes against America, against the Constitution, against the principles we

fought for in...

every war throughout our nation's history.

Of course, Terry Moses felt rage.

Where's yours?

Where's yours?

And yours?

Edward R. Murrow once said, we must never confuse dissent with

disloyalty.

We have either become a country of oppression,

Or we are just very, very confused.

As Carrie herself said, free speech zone?

Why isn't the whole country a free speech zone?

Miss Moses punched a police officer.

The crime she committed was assault, for which she has no defense, by the way.

Which, of course, is the reason Miss Frutt just filibustered all of us on the

principles of individual freedoms.

But since Miss Frutt has raised the constitutionality of the free speech

we live in a country where presidents get attacked.

In my lifetime, I saw President Kennedy get shot.

His brother Robert assassinated running for president.

President Ford was nearly shot. President Reagan was shot.

And that was before 9 -11.

The whole terrorist world would love to see President Bush dead.

Vice President Cheney has to live in secret hiding. So real is the threat.

Are we really being that unreasonable to impose...

strict security measures, perhaps even overreaching ones.

Now, just like Ms. Frutt, I would love to go back to the world that we used to

live in, where we didn't have yellow, orange, and red alerts.

We didn't have to x -ray people's shoes at airports, where we didn't have to

guard bridges.

The New York police force...

currently is going through training in preparation for a nuclear attack.

Of course, it's nice to lament the loss of our old world.

But we have to live in this one.

You tell me you want to settle, then you break into their office. Only to

download the books. That's illegal.

And why did you change the name on the door? Okay, that part was fun. I'm not

going to represent you, Alan, if this is how you're going to behave.

What's with the red tie, soldier?

Denny. I beg your pardon? Around here we wear cold ties. Blue, black, hard

colors, tough colors.

Red is soft.

Soft does not work around here, sailor.

This is Alan Shore.

Denny, he's not an attorney here. He's a client.

Oh.

Red's a soft -colored pilgrim.

That's Denny Crane. The Denny Crane. Don't be fooled.

Once he's in the courtroom, he's every bit the icon.

Now, can we get back to you?

They move for a TRO before Judge Gleeson tomorrow.

What's this I hear on Ryan?

He's holding at 120.

His attorney's doing it in a second.

Send him into my office, will you? Good man.

Gleeson. Shot ducks with him on Saturday. He's a good man.

As you can see, I'm in the middle of something, so maybe we should just

Mr. Crane.

Denny. Hello.

Alan Shore.

Warm tie. Oh, sure.

I just spoke to you. Excellent. I wasn't sure I'd made an impression.

Did I hear you say you duck hunt with Judge Gleeson? Yeah.

Good man.

Great shot.

You shoot?

Do I shoot?

Let me tell you.

Do I shoot?

Can I talk to you for a minute?

Why does the door... Don't ask.

What happened?

He got the master key.

We think from Tara. He downloaded the financial records and accounts

receivables.

He also... Also what?

All of our clients got this email.

Alert. Wardrobe malfunction.

Alert.

Where's Eugene?

He's in his office.

We have a TRO scheduled for tomorrow.

He

took records?

Yep, and he mangled our system, so we're having trouble pulling stuff up.

I'm sorry for...

Do you blame me for this?

You vouched for the man.

I certainly didn't think... You vouched for his character.

And after all the crap he's pulled, he's now broken into our office, stolen

files... Eugene, I... You spoke for that man's character.

And he's held us up to disgrace.

Now we're going to have to do a big public spectacle of... I

certainly didn't see this coming.

That's the difference between us.

I did.

And I still do.

So what's happening now?

What's happening now is we're going into court trying to enjoin him from taking

any of our clients.

What's happening now, Eleanor, is the beginning of a war.

And what's happening now, you have to choose a side.

You can't be on the fence anymore.

Eugene, you know I'm on your side.

Do I?

We need to vilify this man in open court, Eleanor.

Look me in the eye and tell me you're prepared to do that.

Partnership by estoppel. We get the court to declare me as a partner.

precedent under Massachusetts law. You Jewish.

Am I Jewish?

Best bet we argue they fired you because you're a Jew.

No defense against that. Well, I would ordinarily agree, but they didn't fire

for that.

And I'm not Jewish.

I didn't hear that.

Mr. Crane?

Stan Brenner? Matthew Billings said you wanted to see me? Yeah, come in.

I'm told you're holding at 120.

The man died, son.

As I explained to Mr. Billings, there are some serious liability problems,

I don't want to hear about liability problems.

Mr. Billings explained that Maurice Sennett is one of my oldest and dearest

friends.

That I'm like a brother to her late husband.

It was actually the brother who died, not the husband.

Really? You know what?

Medical records aside, if Denny Crane... tells the jury it was the husband,

they'll believe it was the husband.

I played poker with Charlie Levine. Charlie still hit up litigation at your

firm?

Yes, he does.

Hell of a guy, Charlie.

Listen.

We're going to raise your last counter to 142, and I'm going to whisper in

Charlie's ear what a fine young associate he's got in you and Charlie.

respects my opinion. You know why?

Not because we're friends, but because I'm Denny Crane.

You knew that, didn't you?

Denny Crane?

Good -looking kid.

I'll bet later tonight you'll be on some barroom stool trying to finesse your

way into some legal secretary's paddies.

You want to get there faster, son?

Tell her earlier you held court with Denny Crane.

He's a whack job. He's eccentric.

Eccentric? He's asking me to plead Jewish.

You hired him. Why didn't you stop me? You went running off before I even...

need to argue this motion.

Alan, I promise you, once he stands up in court... What?

Once he stands up in court what?

He's Denny Crane. Oh, my God. No, really.

He's Denny Crane.

What do you mean, you'll do the arguing? Since I know the case best, I

thought... You hired Denny Crane. I did, and I want to reserve your thunder for

later. For now, I want you to sit there as the big cannon. I want your aura. I

want you to exude the power of esteemed, noble

duck hunter.

You don't want me to talk?

Not this early in the case. It would be premature.

For today, look, I've got my dark tie on. I'm ready.

I'm feeling nervous.

How much longer?

Soon. I'm feeling nervous.

Madam Foreperson, the jury has reached a unanimous verdict.

We have, Your Honor.

Will the defendant please rise?

What say you?

Case number 75421 in the matter of the Commonwealth v. Kerry Moses.

On the charge of aggravated assault against a police officer, we find the

defendant, Kerry Moses, guilty.

Ms.

Moses, you've been found guilty.

Now, on a matter of sentencing... Hold on.

We're doing sentencing now?

Yes, we are, Ms. Frutt. The crime for which you have been convicted is very

serious, and the court takes it seriously.

And accordingly, I sentence you to eight years to be served at Cedar Junction.

Eight years maximum security?

People need to know they just can't go around openly criticizing our

eroding our national unity.

This is America, Ms. Moses.

You dissent, you go to prison. Eight years.

Cedars.

Adjourned.

Eleanor, I'll lose my kids.

I mean, how could he do that? How can I do that? Take it easy, Carrie.

That ruling, Taylor made for a reversal.

It's almost as if he wanted to...

The fact that Mr. Shore broke into our offices during the dark of night to

illegally access our computer records, to steal and download financial

information, this conduct is evidence of his moral turpitude, and accordingly...

Objection to the word turpitude. I don't know what it means, and I especially

don't like moral.

It's ambiguous.

Mr. Shore, you'll get your turn.

He's mocking these proceedings the same way he mocked our firm, the way he mocks

the law. Objection to the term lawmocker.

Mr. Shaw, are you taking this seriously or not?

Your Honor, the firm was dying.

Its name partner, Bobby Donald, walked out the door. They were hemorrhaging.

I saved their collective asses. That is categorically false.

I've seen the books, Eugene.

Remember, I stole them. Our firm has always been financially viable.

Our financial health has now been jeopardized by him. Your Honor, this man

chest thumper. Watch.

Yes, I chest thump over ethics.

Yes, I do.

Hold on there, son.

Denny Crane. I'm not finished.

Nine million dollars.

I beg your pardon?

Al Shor's billables exceeded nine million dollars, that in a period of

months, beating all the other lawyers combined by about 6 .5.

After they accepted the money, after Al brought in clients amounting to 80 % of

the corporate business, they threw him out. No profit participation, just a

check for $15 ,000.

It will be a testament to Mr. Young's powers of persuasion, if he can make

sound good.

So, I, like you, am looking forward to what he has to say.

Denny Crane.

It's not that I didn't appreciate your riveting performance, but I've mainly

retained you to sit at the table as honorary friend of Judge.

Let me tell you something, Tiger.

Tiger, you want Denny Crane to talk. When Denny Crane talks, E .F. Hutton

listens. My presence alone, my presence is so powerful, I don't even have to

talk. Sometimes I'm better when I don't talk. This was my thinking.

I'm Denny Crane, damn it.

The judge is back.

Well, Mr. Shore, you're going into the files, changing the name on the door,

futzing up the computer so they can't access records.

That was a real low, dirty, sneaky, sleazy thing to do.

But?

But it begs the question, whose firm is it really?

A law firm isn't just a name. It's a business.

Most of the business seems to be Alan Shores.

Without a contract, we need to hear evidence.

I haven't got enough before me to find likelihood of success on the merits for

either side.

So no injunctive relief will be ordered today.

I'm scheduling an evidentiary hearing for next week.

We'll reconvene on Monday, 10 o 'clock.

We'll take off our gloves and have at it.

After that, I suspect some of you will be in business and others won't.

Until then.

on the practice.

We consider you an extremely valued member of the practice and we hope you

consider rejoining us. You offering me my job back?

This is Noah Burke.

He'll be representing us in our labor dispute.

The guts of our case will be that Alan Shore is a bad guy. You will need to

testify. You will need to get in the witness chair and not only support the

that he's a bad guy, but actually sell it.

Are you testifying against me, Eleanor?

Alan, what do you want?

I don't know.