Original subtitles

Previously on L .A. Law.

I don't think Stuart should litigate the Hogan case.

I'm worried about him, Leland.

I think it's too early for him to be trying cases.

You were supposed to support me, not cut my legs out for money. I want a

husband, Stuart. I want a father for my child. Then let me be a man! I was

thinking about Matthew.

It's crap.

I couldn't help but notice that Pat Sajak is one of your clients?

I had to look closer in his new house.

Well, it so happens I love Wheel of Fortune.

You call up, you act upbeat, happy.

They like you, and how could they possibly not?

They'll get you an audition. Are you serious?

I love you, Grace.

I'm not sure of a hell of a lot, but I'm sure about that.

All right.

I'll marry you.

Hey, I just heard about you and Jack.

Congratulations.

I feel like I have stepped off a cliff, Victor.

Changed your mind, didn't you? I wish it could be different, Jack.

You are an amazing man.

Sorry, tell me.

I'm sorry.

A masterful job, Murray. I'm very pleased.

Well, thank you, Dougie.

I ain't to please.

Hey, Dougie, don't... A warning about the turpentine in the toilet bowl. That

could have used. I'm so sorry, Doug.

You want to live at my house?

I'd like you to.

You know something, Benny?

I think I'd like it, too.

television city in Hollywood, one of America's most loved shows.

The Davis Wheel is spinning your way with lots of cash and an assortment of

sumptuous prize money.

And now, here's your host, Bob Goen.

Hey there, everybody, and thank you, Charlie O'Donnell, and welcome to you at

home. Thanks for joining us on Wheel of Fortune. We have three evil players with

us today, so let's get right to it and introduce our lovely hostess, Miss Vanna

White.

Yeah, our three players. First off, our current champion is Edna Gerth. Edna,

tell us something good here.

Well, I'm doing great. I want to keep winning.

I love that money.

That sums it up, doesn't it? Okay, in the middle is Douglas Brackman, an

attorney. Hello, Bob. I have two wonderful sons. I'm single, and I work

downtown firm.

What did Shakespeare say? Kill all the downtown lawyers?

That's right, Bob.

Oh, welcome. And down on the end, Chicago, Illinois, brings us Jeffrey

Jeffrey, I know you were a little nervous before the show, but you look

now. I'm fine. Ready to play Wheel of Fortune. Okay, well, let's get right to

then, shall we? Let's take a look at our first puzzle.

Category is a phrase.

And Edna, you're going to start. Give it a spin.

Come on, come on. I want that big one.

Come on.

Hey, 300.

How about a T?

Yeah, good choice. We do have a T for you.

Spin it again, Bob.

Let me pen paper.

150. Okay, how about an L? Yeah, good choice. We have two Ls. All right, yes.

Oh, baby, baby, come on, 1250.

Come on, come on, come on.

Slow down, slow down.

Bad boy, you're on a roll, too. Sorry, Douglas, over to you.

12, 15.

All right.

12, 15.

Nice opening spin.

Let me see.

I want a B. Good choice. Two big Bs over there.

You have $2 ,500 already. You want to spin, solve it, buy a vowel? I'm going

try to solve.

You're kidding.

Bald is beautiful.

How about that? He's right.

First up, on an administrative note, I'll be out of the office again tomorrow

afternoon. As the current champion on Wheel of Fortune, I've been invited back

for another round. How much did you win? 11 ,000 cash, plus the dinette set.

Wow. I thank you for your support.

On a second administrative point, let me note for the record the absence once

again of C .J. Lamb from this staff meeting. I've spoken to her four times

obviously to no avail.

I'll talk to her. Let's go. Next item, the Totten tax case.

which has now turned into the Totten audit, thanks to our ever -vigilant tax

expert. The IRS swooped down, Douglas. They just pounced. Nobody could have

it coming. Pouncing is what we're here to prevent, Stuart. It's what the client

pays us for. Leave him alone, Douglas.

Steve Totten is a million -dollar client. We have to fend off this audit.

I'm on it, Douglas, okay?

Rosen versus Harbaugh. Yeah, couldn't settle. Start today.

This can be won.

Come on, Victor.

The doctor could have prevented it. I think you're absolutely right.

You have no proximate cause.

What do you want to talk about?

Okay, okay.

Let's not try it here.

Victor, do what you can to settle it. Leland, I have been trying to settle it,

but they've offered $15 ,000. Now, how the hell do I convince the victim's

family that her life is worth less than a Volvo?

That's not the question. The question is making doctors responsible for every

unfortunate event, even if their patients...

Damn well should take responsibility. If you've got no case, no way. All right,

that's enough.

Do the best you can, Victor. Douglas, move on. That's it.

We're adjourned.

They told me, but I had to see this for myself.

Tommy?

Tommy?

What, you actually moved into a stinking suit and tie shop?

Hey, I tried to phone you, and you're lying. was disconnected.

Yeah, I had a few bumps lately, but the phones are on again.

Sweetheart, I got a present for you.

Non -smoker, lung cancer, secondhand smoke.

I beg your pardon? The doctors tell me it's for real.

32 years old, parents smoked, victory men false, he never smoked.

And he has lung cancer? Could be a big case, CJ, and it's all yours, but you

gotta move.

There are two depots scheduled this week.

So why don't you want it? I do, but tobacco companies hire lots of lawyers.

Motions, paper from word processing hell.

Having trouble keeping up.

Plus, switch my malpractice insurance just lapsed.

Oh, me.

Yeah, like I said, I hit a few bumps. Take care of this guy for me, will you?

like him.

How about we do it together? Co -counsel? You don't have to do that. I'm

thinking of the client. We couldn't possibly get up to speed for two

this week. You know the case.

And you are probably a better litigator than anybody I've got here.

You try the case. We provide the backup.

You cut a simple one -third of the take.

Serious? Serious.

Leave the file so I can review it and schedule the depositions to take place

here.

Not here.

Gwen!

You'll find it. What?

It's 1987. The whole correspondence from the field office patent's coming in

tomorrow. I'm going to go over it.

How can we do it all year?

We didn't, Stuart.

It's right here.

You're going to hyperventilate when you sit down and relax.

Breathe into this.

Better? I think so. I'm sorry.

I can't believe it was sitting right there.

I'm going off the deep end, aren't I? You're fine.

You're totally prepared for this.

I don't feel prepared.

I feel scattered. I feel disorganized, but I don't feel... I'm scared.

I've done hundreds of audits, and I feel like it's the first time. Listen.

You know the pension fund backwards. He found the best SEC consultant in town.

And you've got every schedule Totten ever filed in your head, Stuart. The IRS

doesn't stand a chance with you.

They're not going to know what hit them.

Do you really believe that?

Absolutely.

Mrs. Klein, what was your relationship to Barbara Rosen?

She was my sister.

We were very close. We were 18 months apart.

And how did your sister die, ma 'am? She was murdered.

Beaten to death by her husband.

Your Honor, the parties stipulate that Barbara Rosen was indeed severely beaten

on November 15th, 1989 by her husband, Peter Rosen, that she died the next day

as a result of her injuries, that Peter Rosen was convicted of voluntary

manslaughter and is now serving six years in state prison.

So stipulated.

Mrs. Klein, could you please tell the court why you are here today suing your

sister's doctor?

Yes. When Barbara's autopsy indicated long -term bruises and injuries...

I had her medical records subpoenaed from Dr. Harbaugh. And what did you find

those records? A history of physical abuse dating back over ten years. Black

eyes, broken ribs, concussions.

It was all there.

All of these injuries were inflicted by your sister's husband? Yes, and Dr.

Harbaugh knew it. He saw the bruises. He knew she was a battered wife, and yet

he did nothing.

Well, what would you have him do, ma 'am? He should have told the police. Or

least he could have told us.

He was our family doctor for over 15 years, but he just repeatedly kept

her back home to be beaten.

He just stood by and let my sister get murdered.

Thank you very much, Mrs. Klein.

Mrs. Klein, you say you and your sister were close. How often did you see each

other? Whenever I came into town and on holidays, so maybe four or five times a

year. Did you ever see any evidence that she was being abused? I remember once

she was limping, and I remember a bruise.

But she had explanations both times.

But you suspected abuse, didn't you, Mrs. Klein?

I never knew how bad it was. Why didn't you tell anyone?

Why didn't you report it to the police?

Because I... I didn't know how serious it was. Did you ever ask her? No,

I... Because?

You respected her privacy.

But Dr. Harbaugh shouldn't have. He should have treated your sister like a

child, even though she was a grown, educated woman. He should have done his

He should have assumed that she didn't know what was good for her and made

decisions that were rightfully Barbara Rosen's. You saw what Peter did, and you

did nothing.

Move to strike.

My sister.

Get killed.

Okay, let's tackle the limited partnerships.

Right. We have all the prospectuses on file, including favorable opinions by

major accounting firms.

They're indexed by year, but we also have cross -files by venture and state.

Miss Taylor ran Mr. Totten's returns through the computer, along with

partnership reports and changes in the tax code. What she came up with was

pretty interesting.

In some cases, Mr. Totten actually failed to take losses he was entitled

And we also have chapter and verse on pension plans and financial statements

depositions by fiduciaries.

And we're more interested in deductions and securities, especially the boat.

All documentation for business use of the Sea Witch dating back to 1982.

The bottom shelf has the ship's logs and galley receipts.

And our independent consultant reviewed all of Mr. Totten's security

transactions and found no tax liability whatsoever.

She signed off on each one.

Individually. Mr. Markowitz thought that would be best.

All right.

If you can chart all this out, have a written summary signed off by the

accountant, on my desk at 9 a .m., I'll call off the audit.

You will? Three pages, single -spaced, including file references.

It's a deal.

So, uh, nine o 'clock, it'll be there.

I can hardly wait.

Yes!

Oh!

We've got a lot of work to do.

Oh, I can stay as late as you need me.

You're the best.

Look, dinner's on me tonight. Now, we'll send out if we have to, but if we get

far enough along, I know this really nice place.

Because we just pulled off a miracle.

I smoked maybe three cigarettes total when I was a teenager.

And when were you diagnosed with lung cancer, Mr. Shepard? Two years ago. And

the doctors told me it was from years of breathing smoke, growing up in a house

where both parents smoked. That's just wrong.

Excuse me, sir. You are not the witness here.

Tomorrow, you will be the witness.

That's when I'll be asking the questions. Don't threaten my client. I'm

trying to shed some light here. He seems a bit confused. Come on, boys. Let's

get on with it.

The doctors made no...

conclusive findings about your exact cause of cancer. How did they, sir? They

said they thought it had to be from... I'm not interested in what they thought.

You interrupted again. Don't make me smack you. This is a deposition, Mr.

Mullaney, not a rugby match.

And any more comments from you and I will suspend this proceeding and move

sanctions. You take up a judge's time with a stupid motion like that, he'll be

glad I smacked you.

Did the doctors confirm conclusively find that your lung cancer was caused by

secondhand smoke.

That was their opinion. Their opinion.

Thank you.

Okay, we're done. This proceeding is adjourned.

We'll see you all tomorrow.

Just a little more up here and we're in business.

I should have used my free turn. Another letter, I could have solved it. Tough

break.

Okay, you're all set. These have to be size small. They're cutting off my

circulation.

Hi. Hi.

You know, I've been a big admirer of yours for some time now.

Please, there's no conversation with Miss White. Okay, no conversation.

I'm just going to take my shot. I'm not in the industry. I'm just a boring

corporate attorney who leads a very dull life. But I happen to have 8 o 'clock

reservations at La Dome tomorrow night. Will I be eating alone?

Yes, you will.

Regulations. We're not allowed to have any contact with contestants during the

game. I see. So if it wasn't against federal law, you might consider it.

Cute.

Cute.

This woman was your patient, doctor. I did everything I could to help Barbara

Rosen. I really did.

Besides treating her physical injuries, what did you do? I listened to her. I

urged her to get marriage counseling or go into therapy.

I even tried talking to Peter, but he wouldn't admit that he had a problem.

What about Mrs. Rosen? Did she respond to your suggestions?

No. No, she begged me not to tell anyone.

She was so sure that Peter was going to change, I tried to tell her that he

wouldn't. Did you try more than once? Every time she came in with an injury.

But talking about it only made her feel worse.

She was scared that people were going to find out that Peter was going to

divorce her and take away her children.

Dr. Harbaugh, do you feel you fulfilled your professional obligations to Barbara

Rogan? Yes. I diagnosed her, and I strongly recommended a course of

But there was nothing more that I could do.

Thank you, Doctor.

Dr. Harbaugh.

Why was it that you didn't report to the authorities that Barbara Rosen was

being abused by her husband? She made it clear that she didn't want me to. Well,

sir, what if you were treating a child that you suspected of being abused?

Barbara Rosen wasn't a child.

And, Doctor, aren't you required by California law to report any case

injuries that you reasonably believe were inflicted by a criminal act?

Yes. Well, I'm going to refer to your own medical notes here, sir.

July 20th, 1989.

Quote, the patient suffered...

Severe lacerations as well as a concussion appears to have been struck

blunt instrument. You didn't consider that to be a criminal act? I had no

that she was struck by anybody.

Well, why didn't you tell the police? The police aren't going to act on a

doctor's suspicion. Sir, why didn't you at least report it to them and give them

a chance?

Because all that would have happened was Barbara would have sued me for

breaching confidentiality. Oh, so that's why you decided to stay quiet. Fear of

being sued is... That's one reason. The other reason is that I am also required

by law to uphold the confidentiality of my patient. And my patient asked me to

stay quiet.

But your patient wasn't in control here, Doctor.

She was being terrorized by her husband. Obviously, her judgment was... That's a

psychiatric observation, Counselor.

I'm not a psychiatrist. Come on, Doctor. You knew what she was headed for. Hey,

I warn my alcoholic patients to stop drinking. Most don't. I urge battered

to leave their husbands.

Most don't. One more time, I'm going to go back to your own records here because

Mrs. Rosen's injuries were progressively getting worse. They weren't just black

eyes and broken ribs.

You had two concussions here.

A broken nose?

Yes, but... But what, doctor? What were you waiting for?

This is badgering. How badly would Peter Rosen have had to hurt your patient

before you would have done something to help her? What, a broken neck? Fractured

skull? Your Honor!

How much does it take before you decide to get involved, doctor?

There I am with the love of my college life.

crazy about this girl, right? We go to this very fancy restaurant, which I

afford. Now, this place is very romantic, and it's got candles on the

everything, and it's got these huge menus. So I'm reading the menu, and I

realize that the menu is perched right over the candle. Oh, no, you didn't. Oh,

I did. So all of a sudden, I hear this scream, and I look up, and my menu is

burning. And I'm thinking, the maitre d' is running around the waiter, comes

over the table, grabs the water, and he throws it, not on the flames, not on the

menu, right on my girlfriend.

No!

I'll see you.

She dried out eventually, but the relationship was never the same.

Thanks for dinner, Stuart. I had a wonderful time.

Thanks for your help. I couldn't have done it without you. Yes, you could.

No, I couldn't. You're one hell of a support staff.

And you are one hell of a lawyer.

Stuart, we can't do this.

We can?

No.

Yeah, right. We can. I'm sorry.

I acted just like Arnie Becker, didn't I?

You could never be like Arnie Becker.

You're a decent, mature man.

And if you weren't married, maybe things would be different. But you are, and I

work for you.

And I don't want that to change.

Neither do I.

Look, this was all my fault.

You don't have to worry about your job.

I'm not.

I'd better get back to it, huh?

Yeah, I just have to print out the final draft. I'll clean up tomorrow.

No rush, no rush.

So did you ever go back to the shape? Yeah. Oh, yeah Yeah, one time years

the laundromat then the restaurant burned down, but I had nothing to do

I didn't

Let's

go home do it

In your opinion, Dr. Cahill, the defendant should have intervened. Of

simply treating a patient's injuries is not enough. If a doctor is aware of the

underlying disease of abuse, he has to do everything he can to cure it. Even if

a patient like Barbara Rosen denies that the abuse is occurring?

Especially then. Denial by the victim is a symptom. It's part of being

terrorized by the batterer. The only cure for it is to bring the truth out in

the open.

You know, doctor, this is...

It's a husband and wife thing, right? I mean, if she chooses not to... According

to the FBI, 34 % of all female homicide victims over the age of 15 have been

murdered by their husbands or by an intimate partner.

But this man didn't need to rely on statistics. He knew the husband was the

abuser. His continued silence was gross malpractice.

Those are strong words, Doctor.

Sometimes strong words can save a life.

Objection. Sustained.

I have nothing further.

You're asking my client to play social worker. I'm asking that he take care of

his patient. She was suffering from a disease called domestic violence and he

failed to treat it. So we should abolish doctor -patient privilege.

These cases are unique. You're advocating right now the abolition of

-patient privilege, yes or no?

Yes. And this should be at the doctor's discretion. At his whim, he should be

able to disregard the confidentiality of a patient.

It's better than letting her be beaten to death.

Have you ever reported the abuse of a patient, doctor?

Yes, twice.

Did the police do anything?

No, but that doesn't mean... Yes, and it's very possible that nothing would

happened in Barbara Rosen's case had my client reported this, isn't it? He still

should have tried.

He should have betrayed his patients.

Trust? Mrs. Rosen needed help. She was in a state of emotional paralysis.

Emotional paralysis.

That's a psychiatric opinion, doctor. Are you a psychiatrist?

No, I'm not. Neither is Dr. Harbaugh. Are you suggesting... I'm saying you

should have used common sense.

And once again, by common sense, you mean that the doctor should have

the clear, expressed intent of one of his competent adult patients.

True or false?

True, but life... Thanks, doctor.

I got it.

Nothing further.

Leland just told me about Totten.

Congratulations. Thanks.

What's wrong?

You go out with the guys much?

I don't know. Sometimes.

I mean, you have a lot of friends?

A few close ones, I guess.

I don't.

I have my work, and I have Anne, and I have Matthew.

And that's it.

What the hell are you talking about, Stuart?

I kissed another woman.

I wanted to do it, and I did it.

And she didn't kiss me. I kissed her.

I don't know who I am anymore, Mike.

I'm not a good husband.

And I don't feel like a good lawyer.

You're a great lawyer, Stuart. Hell, you just beat the IRS.

You have a wife and a son who love you.

So you had a heart attack.

You're human.

I have no sense of myself anymore, Mike.

I... Nothing feels like...

Like me, you know.

Do you talk to Ann about it?

We try to talk, but we don't.

We can't even argue anymore.

I wasn't running to another woman. I was running away from Ann.

You still love her?

I do.

Then try it again.

I don't think I can.

Yes?

Uh, hello, Douglas. It's your good friend Arnie here.

What are you doing at my secretary's station?

Oh, well, I just happened to be nearby when I saw a Miss Vanna White

approaching.

She doesn't have an appointment.

Shall I send her away?

Very funny. Why don't the two of you go off and have a vow movement together?

Now, that's a pretty nasty thing to say, don't you think?

You told me that you lost yesterday. Looks to me like you won pretty big.

Could I have a minute with him alone?

Oh, sure, and I'll tell you what, if the cat doesn't give him back his tongue,

my office is just two doors down.

Great.

Why are you here?

I'm sorry, but I just thought that since you're off the show now, it wouldn't be

illegal for you and me to be friends.

Now I know it's a joke. All right, Arnie, you can come in.

It's no joke. You seem very nice.

And when I told you about the FCC regulations, you seemed to receive it as

polite form of rejection.

And I wanted you to know that wasn't the case.

Would you... Would you like to have a date?

Well, how about a simple lunch?

No cash prizes, no assortment of sumptuous gifts, just a hamburger by the

I'd love it. Tomorrow, one o 'clock?

Perfect. We'll talk in the morning and make a plan.

See ya.

Bye.

Get snide if you want, counsel.

But secondary smoke does not cause lung cancer.

You are aware that the United States Surgeon General's office says that it

They're wrong.

And would the New England Journal of Medicine also be wrong when it says that

secondhand smoke causes almost 7 ,000 deaths annually in this country alone?

We don't agree with their data. But you are aware.

of their data, aren't you, Mr. McGeary? Yes, we are. And are you also aware of

the recent medical reports which say that the risk of lung cancer is nearly

double for all people exposed to secondhand smoke during early childhood?

It has been brought to our attention.

Well, with all this information in your possession, are you doing anything to

warn the nonsmoker?

We have put warnings on all of our packaging. Which warn the smoker?

What are you doing to warn the nonsmoker that they're at risk, too?

The law does not compel us to do so. What about human safety?

You don't find that compelling?

I need a moment. No, I'm not going off the record. Please make note for the

record that attorneys Flaherty and Stadler are whispering in the respective

of the witness. Please further note my amazement at the witness's ability to

listen to two people simultaneously. I object to that. That was Mr.

Stadler. Mr. Flaherty is still whispering.

Even if we are aware of the alleged dangers of secondhand smoke, We had no

reason to be aware of those dangers at the time that Mr.

Shepard was exposed to his parents smoking. What a lovely answer.

Was that Mr.

Flaherty's or Mr.

Stadler's? This is abusive.

I am sorry, Mr.

McGeary, but your company certainly knew about the dangers of cigarette smoking

30 years ago, didn't it? From air smoke, yes. Well, did you do any testing on

the dangers of secondhand smoke?

I don't believe we did. So maybe the reason that you didn't know about the

was that you never did any tests, right?

Any particular ear you want that answer whispered into?

We can't test for everything, for God's sake. Well, you test for taste, and you

test for the color of the packaging, and you test the commercials to see which

are most effective, but you can't test to see who your smoke kills.

None of the others did. Why should we?

Why should we?

I'm going to recommend we terminate this deposition. This deposition is over.

Michael?

It's a really silly thing to say.

I'd like you to know something.

Nothing ever happened between Stuart and me. We have a professional

relationship, and that's all.

Do you feel better now?

Last call?

Oh, no, thank you. I'd like to get some sleep before next week.

You're right.

You know, I think there's stuff growing in here.

Probably.

Is there something on your mind?

Harbaugh made a settlement offer. $25 ,000.

You gonna take it?

No, a client won't go for it.

I... I keep telling her, uh...

25 -something.

Yeah. Then I keep thinking to myself, if we settle this thing quietly, what

about all those other defenseless women?

Who's going to help them?

It doesn't just happen to defenseless women, Victor.

It can happen to anybody.

You?

In my second year of law school, I was seeing a professor.

I was too young to realize that...

that he got off on controlling women.

When I started to resist, he hit me.

And then he would tell me how stupid I was and that I would never be able to

practice law and that I was completely worthless.

For a while, I believed him.

Finally, I left.

But I will never forget the way he made me feel.

Did you tell anybody?

No.

I was afraid of what it said about me.

Of the look I am getting from you right now.

Grace, it doesn't say anything about you. He was the sick one, not you.

But it does change the way you think about me.

Doesn't it?

You didn't before, but now you see me as a victim.

Just a little.

Domestic violence is the single most common cause of injury to women in this

country today. More common than car accidents, muggings, and rapes combined.

As many as 35 % of women who visit emergency rooms are treated for ongoing

physical abuse.

One third of all pregnant women are physically abused.

Regardless of race, educational background, class, in America, every 18

a woman is battered.

And every year, 1 ,500 women are battered to death.

Well, look around you, ladies and gentlemen. Really.

Because chances are that the woman sitting next to you or the one sitting

to her has at some time in their lives been physically abused.

But you would never know it.

Partly because the police and doctors, like Dr. Harbaugh, don't

really want to get involved.

They stay silent.

And they make it possible for battered women to continue to be abused and

sometimes murdered.

Now, his lawyer talks about respecting the wishes of his patient.

This doctor knew his patient was incapable of helping herself. Here, he

diagnosed it. He also ignored his duty under California law that requires him

report physical violence. He disregarded his patient, he disregarded the law,

and as a result, Barbara Rosen is dead.

All that is necessary for evil to triumph is that good men do nothing.

Stephen Harbaugh did nothing, ladies and gentlemen. Right now, he's hoping

you'll do the same.

Thank you.

If we start forcing doctors to be whistleblowers, you know what happens?

You eliminate doctor -patient privilege.

And battered wives...

And any other people that have secrets that they don't want to be discovered

will stay away from doctors. People who need medical attention won't get it

because they'll be too afraid to come forward.

Suddenly, going to your doctor will become tantamount to going to the

My God.

Wouldn't George Orwell be happy about that?

Competent adults suddenly robbed of their right to privacy. You and I

suddenly... forced to forfeit confidentiality with our own physicians.

You cannot want that.

Of course, battering is a horrible crime.

And there's nobody here that shouldn't grieve for Barbara Rosen.

Stephen Harbaugh grieves for her. He recommended that she seek psychiatric

treatment. He pleaded with her to leave her husband. He did everything he could,

except abandon the trust.

that Barbara Rosen had placed with him.

Stephen Harbaugh is not responsible for Barbara Rosen's death.

And you know that.

All right, 600 ,000 sealed. You don't even whisper it to each other. I told

a million five. Would you think I was kidding?

No, just insane. Michael?

The man never smoked a cigarette in his life. He is dying of lung cancer. Still

difficult to prove in court.

Getting less difficult with every new study that comes out. Okay, let's stop

this silly nonsense, shall we? You cannot risk this case.

There is no contributory negligence defense against a nonsmoker. No

of risk.

Not to mention the fact that my mother died from your little cancer, stick

-sheck corporate piece of filth, and I'll make it my life mission to get

won't stay for this. This cowboy tactic won't fly.

Oh, they will fly with the jury, Mr. Flaherty. And you know why? Because I'm

going to point at a man who's dying of cancer who... whose lungs are corroded

away, a man who will be dead within a year, and then I'm going to point at

CEO of the company that gave him cancer, a company that knew that smoke was

poison, and by your own admission in the deposition yesterday, a company that

didn't even bother to check the dangers of secondhand smoke. And why?

Because instead of netting $62 million a year in profit, you wanted to net 63.

No.

I don't think you'll want to seat yourself in front of a jury, Mr.

McGeary. I really don't.

One fine.

Totally sealed.

No admission of liability.

We draft a settlement to say whatever we want. Check by end of business today.

Let's go.

Mother of Mary Ann Joseph.

Hi.

Got some time?

Actually, I don't. I let everything slide during Totten.

Maybe I should make an appointment.

Come on, Anne.

Stuart, every time I walk into a room, you walk out of it.

You're always asleep when I come to bed, or pretending to be.

We haven't had a meal together in two weeks.

It's like you can't stand the sight of me.

I'm sorry.

What's going on?

I have to leave for a while.

Leave?

I have to move out.

I know we have some problems, Stuart, but we can work them out. Isn't sex,

I wish it was.

That we could talk about.

Is it Gwen? Are you having an affair with her?

No, anything like that. Then I don't understand.

It's everything, Anne.

You're watching me all the time.

I can't work. too long. I can't eat anything I like. I can't make love to

It's like I'm already dead.

I love you, Stuart.

I don't mean to make you feel that way. I won't do it anymore.

I love you, too. It isn't about that.

Well, then what is it about?

I don't know. I don't think I can get myself back if I'm with you.

Fifteen years.

I think this is the first.

leisurely lunch I've ever had.

Then I guess I should feel flattered.

I'm the flattered one, believe me.

I keep thinking to myself, a woman as well desirable as you?

Why me? I mean, I know this is just a simple lunch, but why me?

Truth is, what you said the other day is totally true. I don't have many

opportunities to meet corporate bores outside the industry.

Uh -huh. I also thought, as boring corporate types go, you're kind of

interesting. You didn't mind getting...

Hit on like that? It's repulsive.

But you were so inept at it, I knew it wasn't something you did very often.

You certainly are honest, I'll say that.

Listen, I've had a great time.

I'd like to do it again.

You would?

I would.

I'll call you.

I'll look forward to that.

Mr. Poorman, has the jury reached its verdict?

No, Your Honor, we haven't.

I beg your pardon? We're hung. We can't agree.

Well, let's get back in there and deliberate until you do agree.

Your Honor, the vote is six to six, and there's no inclination by anybody to

change their minds here. We've already had a near fistfight.

While I know you don't know me from Adam, trust me when I tell you that this

jury's never going to reach a verdict.

This proceeding is declared a mistrial. Members of the jury, thank you for your

efforts. Parties can refile for a second trial, but I seriously suggest that you

get together.

We're adjourned.

Okay.

We'll go to 50 ,000.

No admission.

$50 ,000 for my sister's life.

That's an insult.

You're looking at another trial, Mrs. Klein.

Your chances of winning aren't good, and it's going to cost you a lot of money.

I don't care.

We'll take it under consideration.

Victor. We should discuss it.

You know my number.

Ellen, I want you to know how sorry I am.

Barbara wasn't just a patient. She was my friend for ten years.

Then why didn't you help her, Stephen?

I think we should settle.

Keep quiet and walk away.

The jury won't ever agree on this, Ellen. The law just doesn't provide for

battered women. And until it does, we just can't nail guys like Harbaugh.

It's not the law. It's the lawyers.

If he goes to the police, the lawyers scream libel. If he tells anybody else,

the lawyers scream breach of confidentiality.

If he tries to counsel her, the lawyers scream negligence because he's

practicing psychiatry without a license.

And then, when the lawyers got him so scared that he just closes his eyes and

lets an innocent person get killed, along comes another lawyer to say that

was right.

Ellen.

I'll take the settlement, Victor, but I won't shut up.

I owe Barbara that much.

Should have seen David's face.

A million bucks, he lit up like the sun.

Okay, this one's payable to you.

This one goes to the firm.

$83 ,000 each. It's a pretty good ending.

What if it's not an ending?

Beg pardon?

Tommy, you just made over $300 ,000. Certainly enough to put your life back

track. But I bet between taxes, IOUs, and Lord knows what other debts you've

piled up, you'd be lucky to net half.

Are we anywhere near a point here? My point is that you are one of the best

trial lawyers I have ever seen. You are also one of the biggest wastes of

talent.

I have just spent the last half hour convincing Leland McKenzie that you

help this place.

You've got to be kidding.

I am not kidding.

If you let me rescue you from yourself, as well as your administrative

ineptness, you could spend all your time doing what you do best, trying cases.

You could actually make a living.

Yeah, but I'm not the law firm type. Structure makes me puke. Give it a

What in God's name have you got to lose?

Well, what would I be into?

Well, I do like these silly staff meetings, so you'd have to be in early.

day? Every day.

But apart from that, you won't be too pinched, and you could personally see to

it... That this place doesn't change me.

What the hell?

Hi. Hi.

Anything I can do?

Stuart's moving out.

He's leaving. Not for good.

He... Says I'm the problem.

He doesn't know who he is when he's with me. You love each other.

You'll work it out.

I don't even know if he wants to. Of course he does.

He never said so.

Stuart used to have this look, like when he'd see me, like he

couldn't believe he was so happy.

I never see that look anymore.

You two have been through hell, Ann.

But you'll work it out. You've got to believe that.

I can't.

I've been sitting here trying, but I... I just... I can't

see him ever coming back.

Hey.

Hey.

It'll be okay.