Original subtitles

Previously on L .A. Law.

Douglas and I have been working with a headhunter for the past few weeks.

He's put us in touch with a few heavy hitters with substantial client bases.

I'd like to call a meeting with one of them. Exactly where does this new

fit in on the totem pole?

That would be negotiable.

Now, this stinks.

What if at some point Randy decides to fight you for custody?

A lawyer's professional judgment can't conflict with his personal feelings.

The lawyer himself can't be made an issue in which you're vulnerable.

The lawyer can't keep questioning himself because he's afraid he could be

falling for his client.

This is lousy timing, Allison.

I know that there are certain people who think that just because they're

involved with a lawyer that they are entitled to special favors with their

problems. I think it's really important that at this stage of our relationship

you realize I'm one of them.

Roxanne is a very important person to me, David, and if she needs my help,

no mistake, she gets it. If that means jeopardizing my relationship with you,

I'll do it. If it means getting ugly and dredging you through the polluted

sludge, I'll do it.

I say that you hire a divorce lawyer to represent you against the very person

that you trust. I'll give him five more minutes, and that is it.

Come on, Arnie, relax a little.

As soon as the photographer is free, we can get this over with. The sooner, the

better. Don't do me any favors, Arnie.

Let's just have our pictures taken, shall we, guys?

So what other videos are you promoting here tonight, Dave? What's it to you?

I'd like to know the company I'm in. Never been too particular before.

You're right. If I had been, I wouldn't have gotten involved with you. Dave,

what exactly are mood enhancement videos?

Tropical foliage and alpine vistas, mostly. You know, I have one of the

selections of bucolic imagery in Southern California right here. Well,

that and your smut collection, I'm in a real -class environment.

Oh, don't put on airs with me, Arnie. This is Dave, remember?

I know you too well.

Oh, yeah?

Well, here's something you don't know, Dave.

I don't need the money this bad.

Fine.

Arnie!

I know you can get through this.

Allison, I suffer a lot of difficult individuals with what I do, but this guy

too much.

Listen to me.

Dave has a real problem.

No matter how hard he works, no matter how much money he makes, he'll never be

sexy, he'll never be glamorous, he'll never be you.

Do you want me to stay?

Could you have ever opted for Sifuentes instead of me?

How many times I've asked my papa the very same question?

Is this Arnie Becker, Dave?

Yeah, Arnie. This is Cheryl Flexer. Cheryl, Arnie Becker.

Hi. I'm also here promoting a video.

Oh, really? What video is that?

For the Love of Rubber.

Really? Do you know what I do when I'm not making porno films?

No, what's that?

I work for a process server.

One for you.

And one for you.

Big smiles, everybody.

Beautiful.

I've burnt up.

You may be aware that after last week's debacle with the melons by mail, I've

shifted, excuse me, the thoughts of our dietary supplementation to Jocko's

cereal, a crunchy snack that's high fiber, high protein, and more

rodent -free. Yes, we know, Douglas. The office is still buzzing about it. May

we move on, please? There's more to buzz about.

Jocko's is currently running a cash giveaway contest. Which contest?

We... won this morning, earning the firm $5 ,000.

Are you kidding? Each box contains a batless baseball player on the cover.

If your box contains the missing bat, as one of ours did, see?

Glides in like this.

Voila! We win $5 ,000.

Well, that's pretty good.

So you see, the windfalls of a healthy diet are endless.

Moving on.

Siegel versus Blanchard.

Trial starts today. Ready. Let me reiterate my reservation about starting

trial at eight and a half months pregnant. Forget it. No, I'm a Douglas

one. This doesn't make sense.

Actually, it makes perfect sense.

We're up against a grieving mother who lost her baby at birth. With Ann

representing the doctor, we stand a good chance of neutralizing that sympathy.

Putting a pregnant attorney into a maternity malpractice case.

strikes me as being manipulative, and I will... It is manipulative, Leland, but

that's what we do.

The fact is, the jury's going to listen to me on this more than they would

Michael. And since this doctor is so clearly not negligent, I don't mind

him whatever advantage he needs.

Well, well, well.

Nice of you to join us this morning.

Yeah, well, I got an unexpected surprise last night at my promotional, and I was

up a little late.

Got sued over the video.

Sued for what?

Malpractice, breach of warranty, some crackpot hint that she relied on my

advice, and it ruined her life. Has she actually filed suit? You can wipe the

smile off, Doug.

She named the firm as well.

What? She sued us? You're all co -defendants. I knew it. I knew this damn

would end up in embarrassment, and we're not covered.

Now, look, I don't know anything about this lady's case, but she's gonna have a

difficult time making malpractice stick.

Victor, you got any time?

A little. All right, get together with Arnold.

Let's mark up a fast motion to dismiss and nip this in the bud.

Very good, Arnold.

Lastly, at this time, the partners are very pleased to announce the acquisition

of a new partner.

Ms. Rosalind Shays will be joining us next week, concentrating in the

department.

Well, what are we supposed to do, clap?

This is a major coup for the firm, Victor.

Ms. Shays has a tremendous client base.

and she stands to generate substantial revenue.

Yeah, well, forgive us for not dancing around, Douglas, but the revenues that

you're talking about go directly into your pocket, not mine.

As for the associates here, well, the only thing that's going to change is

the ratio is going to go up seven to three. And you know what? That stinks.

You're not worried about job security, are you, Victor?

Nope.

I'll tell you what does bother me, though.

that a bunch of bottom -line partners are going around behind closed doors

trying to calculate how to make themselves richer with no regard at all

other lawyers in this place.

I mean, nobody introduced me to this lady.

Abby, Jonathan, anybody talk to you?

Nope. You want to meet her, Victor? Fine.

I'll set it up right away. Dinner, tomorrow night.

Let's move on.

Thank you. That's it.

We're done.

I couldn't really feel the contractions because of the epidural.

I just remember pushing as hard as I could.

And then I remember seeing the baby, waiting for it to cry.

But there wasn't a sound.

What happened next, Mrs. Blanchard?

There seemed to be this panic.

The nurses were yelling at each other to do things, and they put an oxygen mask

on his head.

Your son's head?

Yes. And then they stuck this tube down his throat.

His face, it looked blue.

I know this is painful for you, ma 'am.

But can you tell us what happened next?

Suddenly everything stopped.

Nobody was rushing around anymore.

And I saw them take the tube out of his mouth.

And I was screaming at them to tell me what was going on.

Dr. Siegel, he said that my little boy was dead.

I have nothing further.

Did it appear that Dr. Siegel was doing everything he could to save your baby?

I guess.

But then I found out after that maybe he didn't. I think.

Did you do everything you could to protect the welfare of this child? Of

I did. What kind of question is that? Did you ever consume alcoholic beverages

during the course of your pregnancy?

I think I maybe had wine on two or three occasions.

Uh -huh.

And you also drank coffee, didn't you?

Sometimes. What's the point? The point is, Mrs. Blanchard, you ignored the

express instructions of your doctor to avoid alcohol and caffeine.

That didn't kill my baby. We don't know what killed your baby.

Did you ever fly during your pregnancy, ma 'am?

Flying is allowed.

But it's not recommended.

Objection. Your Honor, I'm trying to establish that this witness was derelict

her prenatal care. That's not fair.

Mrs. Blanchard, just answer the questions.

I'll give you a little latitude here, counsel.

Your niece, Melissa, came down with a viral infection while visiting you

the sixth month of your pregnancy, didn't she, Mrs. Blanchard?

Yes. Did you make any attempt to isolate yourself from her during this illness?

I was the only one who could take care of her. So you knowingly exposed your

unborn child to a contagious disease, didn't you? Was I supposed to stay away

from Melissa?

Talk to me, Mrs. Blanchard. I'm the one asking the question. You're trying to

make it sound like it was my fault. Maybe it was your fault. Miss Kelsey,

enough. True or false, Mrs. Blanchard, your doctor said no drinking, you drank.

Your doctor said no caffeine, you had coffee. Your doctor said avoid flying

contagious diseases, and you didn't. Stop it. You also smoked cigarettes,

you? I didn't kill my baby. You also smoked cigarettes, didn't you? Why are

doing this to me? Yes or no?

Yes, I smoked cigarettes, but cigarettes did not kill my son. How do you know

that?

Objection. Miss Kelsey.

I have no further questions for this witness.

You want to tell me what just happened in there?

What do you mean?

Anne, our defense is that Dr. Siegel is innocent.

It's not that Lucy Blanchard is guilty.

She's the one who wants to point a finger here.

I wish you showing the jury that we can point it right back at her just as

easily. I'm sorry, but the whole reason for your doing this was that you would

seem more sympathetic.

He just came off like a monster in there.

Thank you, Abby.

But I'm the one who decides strategy here, okay?

Ann, I'm not snapping at you. There's no need for you to snap at me.

I'm snapping at you because you're undermining me in the middle of a trial,

I won't stand for that.

Are you okay? I'm fine.

End of discussion.

Buying Arnold Becker's video guide to divorce is the worst thing my client

did, Your Honor.

Following Mr. Becker's instructions, she locked her husband out. She wasn't

following my instructions.

Sit down, Mr. Becker. Your Honor, I trust that Arnold Becker's arrogance

not be imputed to me.

Sit down, Mr. Meyer. The breach of warranty runs to them both.

She used their videotape to work out her separation agreement, and as a result,

she wound up with about a tenth of what she was entitled to. Arnold Becker

specifically cautioned purchasers of this tape that it wasn't a substitute

legal counsel. Oh, nonsense.

What were they buying it for, to repair their cars?

Just a minute, Mr. Dare.

Was there, in fact, a disclaimer on the tape?

Yes, Your Honor, there was. It was wholly inadequate.

Now, even assuming, arguendo, that the plaintiff was relying on Mr. Becker for

legal counsel, there was no mention at all of Mackenzie Brackman on that tape,

nor can videotape production be deemed as the practice of law, Your Honor.

I'd have to agree.

Well, accordingly, then, Your Honor, I would move to dismiss any and all claims

from Mackenzie Brackman, Chaney, and Cusack.

Opposed? Furthermore, since malpractice liability runs only to the client...

And since the plaintiff wasn't a client, I move to dismiss the claim of

malpractice against Arnold Becker personally.

Both Mr.

Meyer and Mr. Becker had liability as sellers.

Your Honor, Mr.

Meyer was relying wholly on Mr. Becker's expertise as a divorce attorney and

should not be held liable for any legal misrepresentation contained in the

video. All right, I've heard enough.

The malpractice case against Mackenzie Backman is dismissed.

The malpractice claim against Arnold Becker individually is dismissed.

Thank you, Your Honor. Your Honor, does this mean Dave Meyer is the only one

liable? Wouldn't be the first time, Sheldon. The cheese stands alone.

The breach of warranty claim stands against Mr. Becker as well.

That's it.

Query, Your Honor.

Why is an honest businessman being pilloried for that which is so wholly

his field of expertise?

Save your queries for trial, Mr. Meyer.

No queries, yes, sir.

Next case, Carey versus Boucher.

What's up?

Oh. Have a seat, Ann.

Pretty cute, Abby, going behind my back. I came straight to you, Ann. I brought

my problem straight to you, and you just shut me down.

All right, look.

Based on Abby's account of what happened in court yesterday, I'm not so sure

it's as brilliant an idea as I thought to have you try the thing.

Abby and I just disagree with respect to strategy, that's all. Well, I happen to

side with Abby.

Fine. I'll try to tone it down. Are you prepared to take over? What?

Michael... Excuse me, Ann.

Abby, can you try this case?

Yes. You can't do this. I'm sorry, Ann, but I have to think of the client. You

have no right to yank me... Hey, as head of litigation, I not only have the

right, I have the responsibility. Now, you have personalized this case beyond

the point of its effectiveness, and I can't let that happen.

Abby, you take the witnesses, and you close.

Michael, you could at least give me a chance. That is the way it's going to

all right?

Hey.

Jonathan? Diana?

Just the two I'm looking for. Yeah, what's up, Doctor?

Jocko's cereal won't pay, that's what. They say there was a packaging screw -up

and bats were placed in over a hundred boxes instead of three. Oh, no.

They're offering a hundred bucks as a paltry compromise. I want you to sue

for me.

You want to litigate a $5 ,000 claim?

It's a $500 ,000 claim.

There were 122 false winners.

I want you to file a class action suit on behalf of all the victims tomorrow.

A class action? Make Benny the named plaintiff. We'll get a lot more mileage

with a retardo leading the charge. We can't do that. Of course we can. He's

of the firm. Make it Benjamin Stulwitz et al.

Diana, I want you to put ads in the Times and the Examiner notifying all

prospective plaintiffs. The distribution of their boxes was limited to West L

.A., so the victims should all be local. Jonathan, schedule a motion to certify

the class post -haste.

You don't think this is a little rash?

No, I don't. Those cheap bastards stuck a bat in my box. They're gonna make

good. Besides, if we certify the class, we'll get a quick settlement and

possibly see a nice counsel fee of about $20 ,000.

Teach those serial grunts to mess with me.

You can see the changes on the monitor right there. They indicate a... Yes.

indicate a fluctuation in the baby's heart rate about 30 minutes prior to

delivery. And what was happening at this point, Doctor?

What probably happened was the baby compressed its own umbilical cord,

off its oxygen.

And what was the effect of this loss of oxygen?

The effect was brain damage so extensive that its heart and lungs could not

function outside the womb. This baby couldn't breathe, its heart couldn't

any blood, and that's what caused it to die so quickly after delivery.

Can something be done to save the child in this situation?

Absolutely. An emergency C -section could have easily rescued the child

the oxygen loss had caused the brain damage.

And what did Dr.

Siegel do?

He did nothing. He waited 30 minutes and delivered the child vaginally.

Did this weight factor into the child's death?

There's no question about it. Dr. Siegel waited too long. Had he responded and

done the cesarean, this baby would still be alive.

Thank you, Doctor.

I have nothing further.

Dr. Stark?

These changes in the monitor are very minor, aren't they?

They're certainly noticeable.

They're noticeable.

But if that baby suffered brain damage from a lack of oxygen during delivery,

now that would be marked by a huge fluctuation in the heart rate, wouldn't

Not always, no.

But typically, right, Doctor?

Yes, typically the fluctuations would be more remarkable.

In fact, this baby suffered extensive brain damage long before delivery. Isn't

that right?

I see no conclusive proof of that. Do you have any proof that it didn't happen

that way?

Yes. Based upon my review of the case, I concluded that the brain damage

occurred during the delivery.

Based upon your review.

Did you speak with Dr. Siegel or read his deposition?

No. Did you speak with the anesthesiologist?

No.

How about any of the nurses?

I didn't have to. I reviewed the records.

Who sent you those records?

Objection! I'm offering to show bias, Your Honor. The objection's overruled.

provided you with Mrs. Blanchard's medical records?

Her attorney, Mr. Haber.

And how many times have you previously testified for Mr. Haber? Your Honor,

is totally irrelevant.

Overruled. Mr. Haber, sit down.

In how many of Mr.

Haber's malpractice cases have you testified, sir?

I don't know.

More than 10?

Yes. More than 20?

I guess. I don't know.

More than 500?

No. So somewhere between 20 and 500 times, you've taken the stand to find

negligence. It's more like 35 times, tops.

Oh, so now you do know how many times.

And you are paid for this testimony, correct?

Yes. And, sir, how many babies have you delivered in the past five years?

None.

None. Well, I guess that's certainly understandable.

With all these court appearances, who had time to practice medicine?

Objection! Withdrawn.

Nothing further.

You know, Abby and Jonathan, they wanted to be here, but they're a little tied

up with litigation right now.

I understand.

Too many lawyers can wreck an evening anyway.

You got that right.

So, nice?

Comfortable? Yeah, but I think I'll feel more comfortable when I know I've

passed. Pardon?

Victor, Leland didn't arrange this dinner out of concern for my diet.

I have the ever -so -slight feeling that I'm being tested tonight.

Oh, scorecards are already in, Rosalind. You've got the job. So, all that's left

is for me to smooth the ruffled feathers of the ranking senior associate.

Honey, do I look ruffled?

Maybe it's the shirt.

All kidding aside, Victor, I know my being brought in like this has got to

you wonder, but if you're harboring the slightest apprehension about what it

does to your stock, let me be the first to squelch it.

From everything I've heard about you, your future is pretty much guaranteed.

What have you heard?

Well, that he has the highest winning percentage in the firm.

That Michael Cusack and Ann Kelsey have lost cases that Victor Cifuentes

probably would have won. No, I doubt that.

Mike Cusack and Ann Kelsey, they're both first -rate trial lawyers.

I know they are.

But you're better.

And the truth is that you're the reason I have confidence in our litigation

department.

And you're the one that I would like handling my client's needs in that area.

Well, I'm flattered.

Oh, boy.

If I want to get serious about dinner, I, uh...

I have to first go to Lou, excuse me.

She's terrific.

She's poison.

What? You're better than Kelsey and Cusack.

I want you handling my clients.

She's playing you.

She's probably got a double -header scheduled tomorrow with Ann and Michael.

I don't know. She seemed... She seemed okay with me.

Trust me on this one.

That woman is trouble.

It's your video, Arnie.

You're the one who got it. Oh, suddenly it's my video. When the money's rolling

in, it's our video. But as soon as there's a possible judgment looming

us, I'm on my own. You're not on your own.

We'll provide you with whatever legal representation you need. Big deal. You

send Victor in there to get the firm off the hook, you leave me dangling.

Arnie, that is the way the judge rules.

Because that's the way you argued it. Hey, you don't like the way I handle

You go represent yourself next time. You can believe me next time I will.

Next time I'll know that I can only count on myself.

Look, if this were a malpractice case, it would be one thing.

But our insurance carrier is not going to kick in for breach of warrants. Then

you kick in.

Your hands were out for the profits.

You kick in. That's right.

We should at least contribute to the extent we profit. And more.

We're 60 -40 partners. You people should be throwing in 40 % of whatever the

liability is. Why don't you just cross -claim Dave Meyer?

The truth is, you could lay this whole thing at his door. Boy, we all know how

to be lawyers in here, don't we?

We all know how to be shrewd and cold -blooded in the clutch, right?

We'll give you 50 ,000.

There's no ceiling on what you would take, Leland. Why would you limit... 50

,000. And that's more than we've gotten from this thing collectively.

And on a 60 -40 split, that covers you up to $125 ,000 in a settlement.

You certainly can make this thing go away for that amount. And if I can't? If

it's more than that, you're on your own.

Boy, isn't it great to have partners?

It's uplifting to know that I can share my daily endeavors with such honorable

people.

The common questions don't predominate. This is not appropriate for a class

action. It's the same cause of action for everybody. No, no, it's not.

Some of the plaintiffs got the big vats, and some of them got the small ones.

Excuse me? Different size vats, Judge.

Grand prize winners got the fat vats, and the runners -up got the thinner

models.

What more? Some got bunters on their boxes.

instead of a guy swinging away.

You see, if you got the big swinger with the fat bat, that's $5 ,000.

Bunt with the slimmer model at $2 ,500. Now, some of these kids are just, you

know, whooping the fat bat into the bunter's hands, and that doesn't win

anything at all. For God's sake.

On top of which, you've got the whole issue of privity. What? Privity?

Some of the kids actually bought the cereal, others didn't.

I'm telling you, Judge, it's a thicket.

Look, Mr. Powell, I don't care about privity or skinny bats or fat bunters.

Uh, fat bats, Your Honor. All the players are evenly proportioned. It's

size of the bats that differs from box to box. All right. The point is, is that

all the class plaintiffs are suing your client for the same thing.

You've got the same defendant, and you've got the same basic cause of

The class is certified.

Your Honor, there's so many sub -issues here, you can't just... I know.

It's a ticket.

The class is certified pending notice, Mr. Powell.

Next case.

You were great. Thanks. I want to see you today next time.

Mr. Rollins.

Nice job.

Thanks. Look, we obviously can't afford the negative publicity of being sued by

kids. I'd like to see this whole matter just go away post -haste. Two o 'clock

tomorrow in my office.

We'll talk numbers.

I'll be there.

How many of those kids have you actually tracked down? A little over 25.

Get as many of them there tomorrow as possible. I don't want parents, just

And have them there by one so I can prime them.

Why? Strategy, that's why.

You think he's worried about publicity now?

Oh, boy.

He's in for a treat.

All right.

What caused the baby's brain damage, Dr. Siegel?

Most likely, it was compression of the umbilical cord, like Dr.

Stark testified.

But... It didn't happen during delivery.

How can you be sure?

Because the kind of brain damage we're talking about, the compression of the

cord would have to go on at least seven minutes. Now, that would have sent the

heart monitor right off the chart, not the little blips we saw.

When do you think this happened to the baby?

There's no way to tell.

Obviously, the baby can't use its lungs and the womb, and the blood supply is

provided by the mother.

So it is possible to have a brain -damaged child in yet an apparently

pregnancy. There's just no way to see this coming.

But since there were some fluctuations in the monitor, shouldn't you have

performed a C -section just to be safe?

Absolutely not.

C -sections have risks, too.

Risks that outweigh any possible advantage in this situation.

Dr. Siegel, is there anything you could have done to save this child that you

did not do?

No.

Thank you, Doctor. I have nothing further.

The monitor indicated some irregularities, correct?

Yes, that's correct.

And in response to this warning, you did absolutely nothing. My response was

exactly... You did nothing, Doctor, right? I proceeded to deliver the baby.

Vaginally. You billed my client for this botched delivery, didn't you?

Objection. Relevant.

Mr. Haber. I think it's very relevant, Your Honor. This man had the temerity to

bill this woman $3 ,500, and he just went through the motions. I did

I could to save that child. Did death even bother you, Doctor, or did you just

go back to your office and just whip out the invoice?

Objection. Mr. Haber, you're out of order. You make me sick. Dr. Siegel.

tell you what's sickening, sir. A doctor who makes a fatal mistake and then

refuses to be held accountable.

Objection. Move to strike.

Sustained. One moment. Mr. Haber, and you're in contempt. If I make a mistake,

expect to be held accountable. What I don't expect is to be blamed for

that isn't my fault. A baby died, sir, and all you can think about is your

reputation. Babies die, Mr.

Haber. No matter how hard doctors try, they still die sometimes.

But if you start suing us because we can't be God, then soon we won't be able

even be doctors.

Her child is dead, and you think it's unfair for her to sue.

I'm sorry for your tragedy, ma 'am.

But you're chasing after me as if there were some sort of guarantee.

There isn't.

And there never will be.

So, what now, golden boy?

I set up a meeting with DiNapoli and her attorney for tomorrow.

When were you planning on telling me about this?

I just set it up this morning. Right.

I'd also rather handle this myself, Dave. Oh, I bet you would.

But I'm not going to let you.

The only one I trust to look after my interests now is me. Listen, we're on

same side of the table this time, Dave.

I think I can negotiate a better deal for both of us if you and Sheldon let me

do it alone.

Tell me.

What's worse, Arnie?

Getting sued or having me as a co -defendant?

Either one's a real pleasant experience if you want to know the truth.

Well, that'll teach you to tie up with a trinket salesman, won't it?

I'm not going to play into this, Dave. Into what?

Into that tired old kick -me -I'm -David -Meyer routine.

That's what.

You must wish I never walked into your life.

No, I don't.

I wish I'd been able to work out a more amicable divorce between you and

Roxanne.

I said some hurtful things, and I... I wish I hadn't.

You really mean that?

Yes, I do.

You know, when I first came to you with this idea about the video, I wasn't even

interested in making money.

What'd you do it for?

I just wanted to come to the party, that's all.

Just wanted to hear you say, Hi, Dave.

How's it going? Hi, Dave.

Hi, partner.

Hi, partner.

Still?

You bet, still.

However rocky it's been, the truth is, I'm real glad I know you.

I'm real grateful that our paths have crossed, and I wouldn't give that up for

anything.

I guess it isn't just a world of woe, is it?

No, David's not.

Something always comes along to point that out.

See ya.

The gloam is lifting Roxanne. Of this, I feel certain.

Arnold. Leland.

Rosalind. Arnie, how are you?

Dave Meyer.

How do you do?

Are you an attorney here?

Me? No, no. I'm in the direct mail field primarily.

You must know Digby Burnell.

Would that I did.

What do you mean?

Burnell is in the pantheon of direct mail gods.

He's a titan, a warlord. He's Genghis Khan.

Roz, I wish you'd be good.

He's been my client for about ten years. If you ever want to meet him, just let

me know.

Naturally, I'm loathe to capitalize on your relationship with him.

I expect that this firm will realize its appropriate share should you

and Digby go forward with a venture. Oh, I would offer it up joyously.

Digby Burnell, please.

This is Rosalind Shays.

Good God,

what an extraordinary woman.

Okay. They've indicated they'll go for $250 ,000, and your insurance company

will cover it.

No.

No. Dr. Siegel, we can make this whole thing go away right now.

I wasn't negligent. I'm not going to say I was by settling. We can structure it

with no admission of liability.

That way you can... Oh, come on.

You fork over a quarter of a million dollars, you're admitting guilt. I do

a reputation to think about. Dr. Siegel... Ms. Kelsey, look.

I'm a young doctor. I'm building a practice. I'm not going to say I screwed

when I know I didn't. Yes, you are a young doctor. So let's talk about the

realities of practicing medicine in the real world.

Doctors get sued when they've done nothing wrong.

Doctors lose suits when they've done nothing wrong.

You want to go into court and fight every time you happen to be right?

Fine. You will spend your entire career in depositions and witness chairs.

And no insurance company is going to carry you. So you're saying I've got to

bend over and take it because it's a cost of doing business.

That's the big picture.

The immediate picture is we could lose this case.

And the way your coverage reads, you could be on the hook personally for

anything over a $250 ,000 verdict.

I don't think you should risk it. I'm not settling. If they come in at half a

million, you're going to have to sell your house.

I wasn't negligent.

That baby didn't die because of me.

No deal.

There's really no merit to her case?

Roxanne, this woman is a bottom feeder. Whatever works its way down to her, she

eats. She's a professional victim.

She wakes up in the morning, realizes her life is trash, and asks, who can I

sue?

She collects injustice like some people collect stamps.

I'd like to crush her with a rock.

Ladies.

Arnie. Mr. Napoli. How do you do, Mr. Becker?

Could I get you anything? A cup of coffee, something cold to drink. No,

you. No.

In that case, why don't we get started?

This is the figure that I'm thinking of.

Well, your thinking needs adjustment.

Why don't you show it to your client?

Denise.

You think this is low? Oh, yes, I do.

I'd like you to consider something.

That figure is payable in full immediately upon the signing of a

would cover me, and cover Dave Meyer as well.

If you accept it, we can dispose of this matter amicably. I'm willing to review

the agreement that you and your husband worked out.

I'm willing to advise you.

I'm willing to serve as your attorney should you choose to engage me.

I'm her attorney.

You're not a matrimonial attorney, Leah. How much less is this amount than what

you would consider a good settlement?

It's considerably less.

Forgive me, but I would beg to differ.

If you reject that offer, you and I will go to court.

Papers will be drawn, depositions held.

All the while, you'll be paying Leah somewhere in the neighborhood of $250 an

hour. I, on the other hand, will represent myself.

The earliest possible date that our dispute would come to trial would be in,

Leah, you can bear me out on this, sometime in 1994.

After trial, if you're awarded much more than this, I will simply appeal.

That process should take us into 1996.

Even if you win every step of the way, considering your legal fees, the rate of

inflation, I'd be surprised if you broke even.

Leah, I'm accepting his offer.

Mr. Becker, I'll have my divorce file sent right over.

Call me Arnie. Arnie, I look forward to hearing what you think.

You'll hear from me early next week.

Leah?

Yes?

It's always a pleasure.

I hate you both.

Oh, yes, Dr. Siegel said that they did everything they could, and they put up

all of these other doctors to say that he wasn't negligent.

Doctors do that for each other.

They stick together.

Because if any doctor gets sued, it's bad for all of them. But occasionally, a

physician is honest and says what really happened.

Dr. Stark reviewed these records.

He told you that Dr.

Siegel should have saved this baby.

And he didn't. He told you that because that man did nothing.

A little baby's life ended.

A bereaving mother has to deal with that.

He should have to deal with it, too.

You've heard seven independent and objective experts tell you that Dr.

was not negligent.

The only thing they have to counter is the Honorable Dr.

Stark, a professional witness who, for a fee, will say anything Mr. Haber wants

him to.

No matter how much you sympathize with Mrs. Blanchard, she has no

case.

I got up and attacked this poor woman the other day because I desperately

it to be her fault.

And you know what?

If it couldn't be her fault, I secretly wanted it to be his.

Because like her, the last thing I wanted to accept was that these things

happened.

She screwed up. He screwed up. Somebody did something wrong. Please, because

little babies don't just die.

They can't.

But they do.

I've picked out a name for my baby.

I've even bought clothes.

Some pink, some blue.

My husband and I have looked forward to this for so long that we've totally

prepared for everything.

Except for the possibility that something could go wrong.

But the reality is, it could.

The reality is... that doctors can do everything right, like Dr. Siegel did,

mothers can do everything right, and an innocent little child still doesn't make

it.

I know you don't want to accept that.

God knows she and I don't want to accept that.

But...

All right, come on, come on, get off the table now. Off the table, please,

please.

All right, now listen. The cereal company has just proposed a new

offer of $800.

Oh, for God's sake, I can't run a lawsuit like this. They're the clients,

Powell. I can't ignore their... This is bloody extortion.

The film crew is due here in 30 minutes. Good. Help Jonathan calm the truth.

This is crazy. I mean, it's just crazy.

There's nothing crazy about calling a press conference to announce a class

action of human interest. That's crap. You're trying to jack me up with the

threat of more publicity so that I'll roll over.

What the hell is this?

The name plaintiff.

The newspapers might want headshots.

That's blackmail. Using kids as food for the press? A retarded man as a poster

boy? Oh, for God's sake.

Look, Mr. Powell.

You can't risk this lawsuit.

Aside from the publicity, you're looking at protracted litigation with a half a

million dollars of exposure.

Not to mention the damage, public relations -wise. I'm offering you a

for $1 ,200 per person.

This is totally unethical. Tell it to the ABA. The press conference starts in

minutes, and this has got to make the networks.

Excuse me, I'd like to get a shot of the three of you together. No, no.

1 ,200 if it's done today.

Get the kids out of here.

And the only thing that gets to the present is a statement from both of us

this whole thing is over.

I have to run it by the guardians, but you can consider it done.

You should be ashamed of yourself.

So what's going to happen if Mr. Bracklin's going to come in here and

there? Hopefully we'll get some money, okay?

You like ice cream?

Yeah!

1 ,200 apiece.

Way to go, Doug.

I can't believe you actually voted on. I'm good.

Merry Christmas, kids.

Poor person, has the jury reached its verdict?

We have, Your Honor. What say you?

In the matter of Blanchard v.

Siegel, we find in favor of the defendant.

Oh, wow.

Oh, thank you. Members of the jury, thank you very much for your service.

This case is completed, and we're adjourned.

Another knife in the ribs, another reminder that your partners aren't your

friends.

Arnie, enough already.

You settled.

You're done with it.

I also know more about the people I work with.

So that's good.

Painful, but necessary.

Right.

Relationship change.

That's right, they do.

What do you mean?

I mean relationships change.

You just changed the subject, didn't you?

Yes, I did.

So what are we talking about now?

We're talking about the fact that Chloe's staying with her father.

We're talking about you taking me home and me asking you in.

We're talking about...

What happens then?

What does happen then?

Well, a number of things might happen.

We could remain cautious and back away from each other.

We could rip each other's clothes off.

Or we could rip each other's clothes off.

You think that would be a good idea?

I think relationships change.

I'll just give him...

Thank you for letting me come.

I wanted to see you in person.

Okay.

I don't think I ever let you know how truly sorry I am for your loss.

I never had any doubt about that.

You know, when it happened, people told me

better it happened like that than after a month or a year.

Better that I never had the chance to get attached.

How can they think that you can carry a life around inside you for nine months

and not be attached?

Yeah.

It's funny how things go, Miss Kelsey.

You were my enemy in there.

And still I knew that you were the only one who could understand.

I wish you the best.