Original subtitles

Previously on The Practice.

I'd love to submit your name to the governor's council. To be a superior

judge. Well, you're acting like I don't have the right to leave. Like I owe you.

I never said.

I have the right.

I've always wanted to hang my own shingle. When would you do this?

It needs to be now. I talked to my friend at the bureau.

Your ass wasn't bugged. What did you expect? I think it's possible she

you, Manny.

Gigi? I know you love Manny.

But you got to tell me how you were coerced. This is Lenny Pescatori.

How can I help you? I'm a neighborhood lawyer, too. Only problem, I'm the

neighborhood lawyer.

I thought you were absolutely sensational up on that bar.

Well, that was surprising.

I kissed you.

It was totally inappropriate.

I have this way of making women feel wonderful, but

less than in the end.

Maybe you haven't met the right girl.

Perhaps.

I think you like me.

Alan, hold up. Yo.

Did you just say yo? I'm very upset. I thought we had a kind of, you know,

going. A thing?

Yes, a thing. We kissed.

You kissed. And you received, and we danced. You grabbed my ass. You saluted

quest to be myself. That at least adds up to a potential thing that needs to be

dealt with. Sally, when I told you I was attracted to professional women, I

truly meant professional women.

I'm not accepting that.

You're not accepting it.

You like me.

I can always tell when a man has feelings for me. I don't care how much

to kid yourself.

You're not fooling me.

Tara.

Teddy Crane.

I'm ahead of you there. Wonderful news. Had breakfast this morning.

You must be beside yourself.

Oh, no, that's not the news.

Had breakfast this morning.

with general counsel of perhaps one of the leading car manufacturers of this

country. Know who that is?

America? We're taking over their SUV cases, which is beyond huge.

I want Hannah, Alan, you, of course, in my office at 1400 hours.

Aye, aye.

I'm not going to tell you your business, Jimmy, because I know that's not my

place. But you've got to stand up to this guy.

I did.

No, you've been in.

Manny did.

He didn't do anything.

And what should I have done, Susie?

Again, not my place.

But this is the street.

It's not some fancy Beacon Hill office.

I asked around.

That fat slob has bullied every lawyer that's tried to come in here. And he

intimidates clients, too.

I talked to my mother.

I think he's a coward.

Excuse me, Jimmy?

Excuse me.

Look, I've been playing this interrogation thing over and over in my

Jimmy, and, well, I think maybe the police did coerce me. I mean, what I

wasn't totally voluntary.

Okay. How so?

Well... They attached these tiny little electrode thingies to my privates, and

they would zap me if they didn't like my answers. It made me react all

involuntary.

What?

Manny told you to say this. He said they taught you that they're doing this kind

of thing in the Guatemala Bay area.

Guantanamo Bay.

Gigi, I am not going to lie.

If the day comes, I decide to lie.

It won't be with one of Manny's ridiculous concoctions.

I love him, Jimmy, and he won't take me back. And if you can get the thing to go

away, well, then maybe I can get him to forgive me.

I just think you should have counsel. The commission wants to hear from me,

my attorney.

Plus, you can advise me if I need help. No, I cannot. I'm on the nominating

committee. It would be total... Advise me now, then.

All right.

It could get very political.

The main thing for you is to impress them with the idea that you will uphold

law. As a defense attorney, you could be viewed as being potentially soft on

crime. You do not want to be viewed that way.

I could come with you.

I think that would be very wise.

Also, the death penalty.

What about it?

If it comes up, and it may, you'll have to finesse this.

Romney is looking to impose it.

And what, I'm required to agree with that? No. You simply say that you're

to uphold the law, that as a judge you will uphold the law and get out.

This is critical, Eugene.

Is finesse in your arsenal?

First thing we need to do is develop a strategy.

These vehicles still roll. It's a growth industry, and I want to capture it.

We need a strategy.

Hannah, I'd like you to come up with an overall... What's the word?

Strategy? Exactly.

Alan, turns out our first case comes up for trial in June.

Your former colleague is handling it.

That big -boned woman from your old firm. The one that scares me.

Eleanor Frott.

Our client will no doubt be evaluating us in this first case. I'd like you to

take it, since... I'm afraid I can't.

Why not?

Eleanor's a friend. I'm not trying cases against her.

Son, success is never so sweet as when we can crush a friend at the process.

Just the same.

Hannah, you don't have friends, do you?

None. Excellent.

Tara, see that Hannah gets what she needs.

I believe that covers it. Anything else?

Your name.

Oh, yes.

Denny Crane.

I can't go flipping Charlie Andretti, Jimmy.

I mean, we need to come up with a solution that allows me to go on living.

will not be saying the feds attached electrodes to your girlfriend's

Now stop being an idiot.

I'm sorry.

I didn't mean that. You know I got labeling issues.

I'm sorry.

She wants you back, you know.

Gigi.

Manny, sometimes the toughest thing in the world to do is forgive.

And sometimes the more you love somebody, the harder it is.

What are you, Dear Abby now?

Spinny, what happened to your head?

Ten guesses.

The fish.

Not personally, but his name did come up between kicks.

I got to fire you, Jimmy.

Spinny, I will talk to him. He's got me by the cojones. I'm into this guy for 2

,500 plus juice.

He's juicing you?

No, a point and a half.

Does he do this with everybody?

Hey, if I borrow from a loan shark, I'd be paying five points a week.

That's, of course, if I was to pay him.

Susie, cancel this afternoon's appointments.

What appointments? People just walk in here.

Do you see yourself bringing any particular judicial philosophy to the

I would like to see the courts, and specifically judges, show respect for

law. You think that's currently a problem?

A big one.

We've got overcrowded dockets and more and more judges are becoming slaves to

expediency. More and more the Constitution is being molded and

fit a judge's political or moral point of view.

It has stopped.

I can see your firm has handled several capital cases out of state, each time

taking a position against the death penalty.

We're a defense firm. Our clients tend to disfavor being executed.

Fair enough.

But as a judge, would you impose the death penalty should it ever become law

this state?

No. Why not?

One, I consider human life to be intrinsically sacred, and I do not

state should engage in the systemized taking of human life.

Two, our judicial system is flawed.

We wrongly convict over 10 ,000 people a year, some of whom are sentenced to

die. Now, you can always release an exonerated man from prison, but bringing

back from death has proven to be trickier.

DNA has already cleared a hundred men, many on death row.

Clearly, something isn't working.

And what would you say, Mr. Young, to the mother whose five -year -old

has been raped and murdered?

I would say, if it were my daughter, I'd like to kill whoever did it myself.

And if I ever came face to face with a guy, I couldn't guarantee any of you

I wouldn't kill him.

But if I did, it would be wrong.

And for the state to kill reflectively, absent emotion, on ceremony, it is not

right. And if I might add, one of the biggest problems we have today, our

children are being raised in a culture that not only condones revenge, but

perhaps even celebrates it as a societal good.

It's wrong.

I don't understand, Eugene.

Do you not want to be confirmed?

I want to be confirmed for who I am, not who they want me to be. Come on, you

can't possibly be so pig -headed that you... What did you say?

Eugene, can we please have an honest conversation here?

Do you want this judgeship or not?

I want it desperately.

Then why behave?

I truly don't get it.

My brother went to jail for a crime he didn't do, you know this.

He died in prison.

And?

Well, and since that day I made a vow.

The best way to fix the justice system is up there on the bench.

I think the reason I want it so bad, Eleanor, is because it's the same thing

that makes me so angry when I think of what happened to my brother and... Then

get there, Eugene.

Get there for your brother.

Hello.

I'm looking for Eleanor Frutt.

I'm Eleanor Frutt.

Hi. I'm Hannah Rose. We just took over the Lansing Motors case. We now

the defendant.

Oh. I'm from Crane Pool in Schmidt, where Alan Shore works.

And while I know things ended badly between Alan and the firm, and I thought

avoid getting off on an acrimonious foot, I'd just come by and introduce

Actually, Alan and I remain friends.

Oh, well, that's a relief to know. I am not a huge fan of contention.

And you chose a career in litigation?

I look at it more as dispute resolution.

Anyway, toward that end, I was reviewing your motion to compel production of

documents. I believe prior counsel was a little withholding, as you suspected,

and I intend to have all documents delivered by the close of business.

Thank you.

Anyways, nice to meet you.

She seemed nice.

Alan. You, again.

Tonight's lousy for me. Hannah assigned me some research on the SUV case, so

we'll have to make it tomorrow night.

Make what tomorrow night?

Our dinner.

Didn't I tell you we were having dinner?

No, Sally. You forgot to mention that.

Well, now you know.

Wait a second.

Yo.

I swear, I had nothing to do with that.

Go to dinner with her, Alan.

I thought you wanted me to ask you to dinner.

Perhaps I do.

But I'm speaking in your interest now, and your interests seem to lie with her.

Don't be ridiculous. She's a child. It would be a violation of my parole to

dinner with her.

You see, here's what you need to know.

Is that you like her.

And you don't like yourself.

With her, you get to remake yourself.

At least somewhat.

I thought you wanted me to ask you to dinner.

Is he in there?

He's with a client.

Tell him Jimmy Berluti is out here and he's very angry.

I know who you are.

Go on.

I'll call you if I hear anything. Thanks, lad.

You got an appointment?

I just saw a spinning.

Good for you.

Who's next?

Mr. Terranova. He's got seven stitches above his eye.

Some people shouldn't drink and walk.

Come on in, Mr. Terranova. What kind of a lawyer are you? You're supposed to be

helping people, not look.

I'd like to hear you pontificate, but as you can see, I've got clients to take

care of.

Do they know that you charge interest on what they can't pay up front?

Here.

Whatever he's charging you, I'll do it for half.

Rocco! No juice.

Okay, everybody out.

Come back in an hour. Why?

Vermin infestation. Come on, let's go.

Andiamo. What about my appointment?

We plead no contest. You pay the fine and meet, it all goes away.

What are you doing?

Eileen, wait in the office.

Lenny. Now.

And close the door.

Raise a finger and I'll have you before the BBO before you can light your next

cigar. We'll see how much speech you got when your jaw is wide.

Wait. Just wait a second.

I want to be perfectly clear as to what's about to happen here. You haven't

away from the neighborhood that long, Jimmy. You know what's about to happen.

Get him.

You're a dead man, Jimmy. You're dead.

You don't know who you mess with.

Now, where I'm troubled, in your own firm, if I'm to believe statements made

you under oath, you had an attorney who engaged in egregiously unethical, if not

criminal, conduct.

I assume you're referring to Alan Shore?

Concealing evidence, blackmail, extortion, assuming false identities,

perjury. We certainly did not authorize Mr. Shore to commit these infractions.

But you let it go on. No.

No. We fired him.

After several months of this behavior, after profiting from this conduct,

in the amount of $9 million, now...

That's dirty money, Mr. Young. We attempted to sanction Mr. Shaw's

times and... But you let it go on, and only after you got rich from this

unethical behavior, only then did you attempt to shut it down. That is totally

false. And maybe this would be a good time to point out that if I were to

a judge, my style would be to hear evidence before I started making

Especially the unfounded kind.

You seem to have a temper.

So vulnerable.

Not necessarily.

Especially with that positive attitude.

The idea that they want me for a judge with everything that's going on at our

firm.

Your personal reputation has been... Don't handle me, please.

If this is about your brother and vindicating an injustice done to him,

rise up with your best in that room. You haven't done that yet.

Whatever I say is self -serving.

Let's forget it.

What? In God's name.

Document production on the SUV case.

And this isn't all.

George is the fault, too.

What was I supposed to do? There was two of them, one of me.

Plus, they were bigger.

It's just pepper spray. I mean, it's kind of feminine, Jimmy. Hey, I got news

for you.

I gotta be alive to keep your fat ass out of prison. You think about that?

What now?

Well, I know it's fat.

You don't gotta say it. You don't gotta label it.

For God's sakes, I can't even... Oh, no.

My car!

Shame. Bet you could use a good lawyer.

Oh, right.

You are a lawyer.

Did you do this?

I didn't do nothing.

Just walking with my marshmallows, seeing the fire, thought there was a

going on.

But you know, if I was going to do something, it would be because somebody

something coming. What goes around comes around.

That's like an old Latin saying, isn't it?

I bet you know Latin.

Res ipsa.

That's lawyer lingo.

Vinnie, Vinnie, Vicky.

That's serious Latin.

Vinnie. It was an accident.

Eleanor! Hey.

Do you know where I can find Hannah Rose? Yeah, her office is just over...

There.

How you doing, Tara?

You look just smashing in your uniform, Tara.

You sent me about 400 ,000 pages of documents.

Oh.

I thought it better to give you too much than too little.

Did you know?

The trial starts in June.

It would take me six months with a staff of 20 to go through all those boxes.

I believe the request went to any and all documents pertaining to design as

as documents discovered in previous lawsuits.

My client has been sued tens of thousands of times, Eleanor. We've

millions of documents.

I know all about your client's tactics.

Tactics judges in prior trials have labeled reprehensible.

Disgusting. Yes, and I'm trying to turn over a new leaf. That's why I'm giving

you everything.

You're hiding evidence in a mountain of papers.

Knowing full well it would be next to impossible for me to find what I need.

shocked you could make such an accusation.

This is a blatant abuse of the discovery process, and I'm going to the judge.

I... Certainly hope you don't do that, Eleanor. But if you do, I might be

to share a concern of mine.

Which is?

Your firm is understaffed and ill -equipped to handle major product

litigation. The fact that our document production has so crippled you is a

testament to your limitations.

I think you should refer your client to a larger firm.

And my conscience might compel me to share my concern with the judge.

I suppose, if we were to...

Settle this now. We could avoid all this unpleasantness.

We'll offer you $210 ,000 today.

No admission of liability.

$210 ,000?

Three people died.

I bet you could use that money, Eleanor.

Money you might not see if the client is properly advised to retain other

counsel.

Disgusting. That's harsh.

My firm is quite capable of prosecuting this case.

Excellent.

You will be sure to pass on my concern to your client just the same.

Right on the head?

He regained consciousness.

He'll be fine.

Jimmy, things are getting out of control here. You gotta do something.

Not that it's my place to tell you that.

Susie.

First, whatever our differences, for somebody from my neighborhood, your

neighborhood, to use pepper spray, I would sooner you whack me, Jimmy, than

shame our people that way.

Second, you knocked unconscious a man very dear to me.

Best man at my wedding. He set my car on fire.

You're talking about property.

Rocco is a human being.

Now, I gotta bash your head.

Lenny, you and I grew up on the same block.

I've seen you on the baseball field. You swing a bat like my mother.

Oh, is that what you think?

I think you two need to have a sit -down.

With Raymond.

Raymond Fischetti?

His neighborhood.

He settled the beef.

I think that's a good idea.

Wonder what Raymond's going to think of you juicing clients.

Jimmy, I come in here seeking peace.

Yeah.

I see the olive branch in your hand.

Let's you and I have a sit down.

Private.

See if we can work it out.

Tomorrow.

Here.

Two o 'clock.

You handled that very well.

The background checks more than once refer to a strategy of yours known as

B. What is Plan B, Mr. Young?

It's an offensive strategy where we try to implicate another suspect in a crime.

A suspect you have a good faith belief committed the crime?

No.

So it's a strategy designed purposely to mislead the jury, to steer them away

from the truth?

It's an adversarial process, Mr. Richmond.

The state must prove guilt beyond all reasonable doubt. The defense attorney

tries to create reasonable doubt, doing so zealously within the bounds of the

law. Plan B is within the bounds.

Barely. Anything more than barely would be less than zealous.

You've tried to convince juries that somebody else did it.

Somebody you know to be innocent.

It may strike you as morally unethical, and I might agree, but legal ethics

require that we... That's a distinction without a difference. No, it's a

distinction with a big difference.

And if you don't get that... To knowingly accuse innocent people, even

prosecutors don't do that.

You have to understand how this commission could have questions about

character. Excuse me, may I be heard?

My name is Bobby Donald, and I used to work with this man.

Well, thank you, sir, but we're not taking testimony today.

Testimony?

You make it sound like a trial.

Somebody on trial here?

Actually, I just thought we could all use a good laugh.

Talking about Eugene Young's character, it's actually a little funny. You find

it funny?

We got a president lying to us about weapons so he could start a war.

The president before that lied under oath about sex he was having in the Oval

Office.

We have a Supreme Court justice going duck hunting with the vice president

presiding over a case involving the vice president. Our biggest pop star is an

alleged pedophile.

Some of our athletes are up on murder and rape charges while the author of the

Book of Virtues gambles millions of dollars in Vegas.

And you're making character an issue?

I hate to shock you, Mr. Donald, but it still counts.

Well, if so, you sure as hell picked the wrong man to make an example of.

This is a man who could go to a big firm and command a salary upwards of a

million dollars. He works for a fraction of that. Why?

Because he sees the erosion of civil rights and he fights to stop it.

He sees high courts forsaking the Constitution and he rails against it. He

an attorney general rounding up suspects like poker chips. We do not need a

speech about... You need the speech.

The reason the justice system is so unfair in this country is because the

benches are stacked with former prosecutors.

We need to see your character here.

How about you confirm a man who cares more about civil liberties than throwing

bodies in prison?

Eugene Young hasn't forgotten why he went to law school.

Eugene Young clings to the ideology that a defendant, every defendant,

is entitled to a fair trial.

Now, you want to cast him off because you don't like his politics or his views

on the death penalty? Fine.

But don't you dare cite as a pretext his character.

Sally Heap, how's it hanging?

How's what hanging?

It's just an expression.

Sally Heap.

Sally!

Make up your mind about tonight?

Sally, you look like a hooker. Now, if you were a hooker, we might have a

future, but you're intelligent.

You have self -respect.

You're even sweet.

Those are deal -breakers.

Yeah, okay.

Fine.

But while you continue to mull it over, just keep in mind that 25 -year -olds

don't just snap back physically.

Emotionally, we recover fast, too, which means by this time tomorrow, I'll have

moved on.

He had a window, Al.

Just because girls in your age bracket wait around, don't be thinking I will.

First, you got to apologize.

I got to apologize?

Yes. Manny Quinn was acting under the scope of you and him being friends when

whacked Rocco unconscious with the shovel. You torched my car. You pepper

sprayed me. After you mugged Spinny. Which is what I'm going to do to you.

hey, hey. We got clients out here.

You guys either work it out or take it outside.

Or to Raymond.

You can't be juicing your clients.

That's how you'll get whacked for real.

Raymond finds out you're loan sharking?

That's their business, Lenny.

You should know better.

I'm under a lot of pressure.

My wife wants a house in Florida.

Business has been tight.

To be losing some of it to you?

Can't you go someplace else?

This has always been my dream.

To come back here.

This isn't an arbitrary thing for me, Lenny.

This is where I grew up.

Maybe we should form kind of a partnership.

Me and you?

Yeah, I got connections. I can help you. You can help me. Get me some more of

the high -end stuff instead of competing with each other.

Lenny, I'm an honest lawyer.

Totally.

Can't you just be honest most of the time?

Me and you.

As partners.

Come on.

I represent Charlie Andretti.

Manny's supplier.

I could sort of slip the feds some information they could use to put him

exchange for dropping the case against Manny.

You're turning your own client?

I only do it when I can be sure it don't get found out.

Look, I'm certainly not going to go into a business with a corrupt attorney.

Suppose I change.

My wife wants me to improve myself. I was hoping maybe you could be a good

influence.

I can get Manny off.

Come on, Jimmy.

I got street creds. You got integrity.

How about...

You know, a trial basis.

You want to go to court, Milton, fine, but don't be waving that flag like it's

some big threat. I'm in court every day.

You're not. I like court. You don't. I'm comfortable in court. You are not. So I

want you to hang up the phone, call me again, and be honest.

Tell me you want to settle, because you don't want to go to court.

Goodbye, Milt.

Hope to hear from you.

You look like you having fun.

Hey. Hey, how did you even know about... Eleanor called me. I figured, save your

ass like old times.

Now, I remember a lot of ass saving, but I think you might have things mixed up

a bit.

Anywhere?

Not yet. You know, I don't have my hopes up.

That isn't true, Eugene. Your hopes have been up on this for many years.

Yeah.

Look, I've been meaning to call you about... When you gave me the firm, I

you expected... Being a judge is something I've always wanted.

Eugene, I know that.

I feel like... If I ever get this...

I'll be walking out on something you left in my charge.

Now it's you mixing things up.

I walked.

Remember?

I just wish I'd done a better job running. Don't even go there. You led

firm the same way you've always served it.

With honor.

Hey, one second.

You doing young?

Yeah.

Yeah.

Okay. Thank you.

Tell what?

The judge thing. The counsel confirmed me.

I got it.

Eugene, look, look, look.

It's no big deal.

I got it.

Good for you.

That woman scares me.

It's titillating.

For the record, your offer is rejected.

I'm disappointed.

I'll bet.

Rather than steer my client toward accepting an unsatisfying offer, I

her toward the firm Fine & Ambrone, which specializes in design defect

liability.

I've also filed with the judge and the bar a complaint concerning your client's

dishonest stonewalling tactics.

And on a personal level, it's one thing for a corporation to engage in systemic

discovery abuse, but for an attorney, these are real people.

This is real suffering, injured by your client's vehicles, and for you.

I've already filed my notice of withdrawal.

And as I said, the offer is rejected.

Eleanor.

I know you've defended criminals, people you have no sympathy for.

In civil cases, defendants are entitled to representation as well.

It's not the same, and you know it.

Yeah, I suppose I do.

Which is why I'm feeling particularly bad about myself.

I think I need to go shopping.

And not just for something little. I am so ashamed.

I'm going to buy a car.

Something really, really redemptive.

Would you like to come with me?

Because I'd like that.

Watching you watch me buy a $100 ,000 car.

Can you excuse me a second?

Hmm. Oh, gee.

Now I need to shop.

Oh, what happened to your date?

There isn't going to be a date.

I'd appreciate you not counseling me towards statutory crimes.

Alan, do you want to end up an old... Why are you so invested in this? Tell me

that. Well, I suppose that when I see you alone, I worry about the company

you're keeping.

Let me tell you something. The most lonely I've ever been has been in a

relationship. I'm happiest alone.

Conversations better, certainly the sexes, albeit heavy -handed.

Oh, that's a funny bit.

An entertaining one, too, but as bits go, it's a bit.

Tara, I've indulged your pop psychoanalysis with good humor for

some time now.

But to set the record straight, you do not know me, not even as bits

go, a bit.

I know that you're afraid to let yourself feel for people. I'm quite

letting myself feel.

Especially disenchantment. That one comes up easily.

And there you go, turning it into a word game.

It's you playing games, telling me I can't feel.

That's quite an indictment. Then prove me wrong with evidence the last time you

fought for a woman in any relationship. I feel for you.

That doesn't mean I...

I have feelings for you

Contrary to the rumors, I do practice law here.

I have a lot of work to do.

Would you excuse me, Tara?

Alan. Would you excuse me, Tara?