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1
00:00:02,864 --> 00:00:05,100
Right now, we're offering 450.
2
00:00:05,133 --> 00:00:07,302
They're holding out
for six and a quarter.
3
00:00:07,335 --> 00:00:10,305
You're prepared to go to trial
over $175,000?
4
00:00:10,338 --> 00:00:11,372
We have to.
5
00:00:11,406 --> 00:00:13,474
The insurance industry
as a whole is taking a hit
6
00:00:13,508 --> 00:00:15,676
because we're paying out
too much in damage claims.
7
00:00:15,711 --> 00:00:18,413
We're now perceived
as being soft,
8
00:00:18,446 --> 00:00:20,491
and the truth is,
we have to be seen
as ready to litigate.
9
00:00:20,515 --> 00:00:22,683
But what about
these big jury awards?
10
00:00:22,718 --> 00:00:23,819
That doesn't scare you?
11
00:00:23,852 --> 00:00:26,021
Oh, it does, but it means
that we can't be satisfied
12
00:00:26,054 --> 00:00:28,656
with just going to trial.
We have to win.
13
00:00:28,689 --> 00:00:30,658
And this starts tomorrow.
14
00:00:30,691 --> 00:00:34,162
Yes, but the reality is
if the plaintiff sees us
15
00:00:34,195 --> 00:00:36,131
bringing you guys on
last-minute,
16
00:00:36,164 --> 00:00:38,599
they'll realize that we're
serious about going to trial,
17
00:00:38,633 --> 00:00:40,635
and we truly think
that they'll settle.
18
00:00:40,668 --> 00:00:43,371
We're primarily criminal,
Gordon, not civil.
19
00:00:43,404 --> 00:00:47,743
Understood, but we are gonna
draw a very blue-collar jury,
20
00:00:47,776 --> 00:00:49,610
which is why
we want you, Mr. Berluti.
21
00:00:49,644 --> 00:00:52,047
And, Mr. Young,
no disrespect
to your talent,
22
00:00:52,080 --> 00:00:53,190
which we know is enormous...
23
00:00:53,214 --> 00:00:55,450
The plaintiff
is African-American,
24
00:00:55,483 --> 00:00:57,652
as are several of the jurors.
25
00:00:57,685 --> 00:01:00,055
Now, we don't anticipate
any bias,
26
00:01:00,088 --> 00:01:01,723
but we want that to be covered,
27
00:01:01,757 --> 00:01:04,659
so we want you
to do the plaintiff's cross.
28
00:01:04,692 --> 00:01:07,128
Now, I have a videotape
of his deposition,
29
00:01:07,162 --> 00:01:09,397
which I'll leave
for you to watch.
30
00:01:09,430 --> 00:01:11,700
But like I said,
with you alongside,
31
00:01:11,733 --> 00:01:14,135
perhaps that will
push the plaintiffs to settle.
32
00:01:14,169 --> 00:01:15,871
We're so close as it is.
33
00:01:15,904 --> 00:01:18,573
The plaintiff is poor,
working-class?
34
00:01:18,606 --> 00:01:22,443
The plaintiff is ten years old.
35
00:01:22,477 --> 00:01:24,846
Our client ran him over
with his SUV.
36
00:01:28,216 --> 00:01:29,818
But he survived.
37
00:01:29,851 --> 00:01:32,520
Oh, yes. That's why
they're holding out
for six and a quarter.
38
00:01:32,553 --> 00:01:34,834
If he'd died,
I think that we could have
settled for three.
39
00:01:39,160 --> 00:01:42,197
I'm sorry.
That perhaps sounded cold.
40
00:01:43,064 --> 00:01:44,665
Perhaps.
41
00:02:37,418 --> 00:02:39,988
Your brother
is older or younger?
42
00:02:40,021 --> 00:02:43,058
Well, I have two brothers.
43
00:02:43,091 --> 00:02:45,526
One's older... that's Kenny.
44
00:02:45,560 --> 00:02:47,662
Then I also have a baby brother.
45
00:02:47,695 --> 00:02:49,164
His name is Justin.
46
00:02:49,197 --> 00:02:51,466
And the one that I go
to school with is Kenny.
47
00:02:57,538 --> 00:03:00,308
All set?
Ready. Let's go.
48
00:03:03,478 --> 00:03:05,380
We'll call in, let you know.
49
00:03:05,413 --> 00:03:06,181
Good luck.
50
00:03:06,214 --> 00:03:08,917
So they didn't settle after all?
51
00:03:08,950 --> 00:03:11,286
The plaintiff came down to six,
but that was it.
52
00:03:11,319 --> 00:03:14,189
Is this our new direction...
Insurance defense?
53
00:03:14,222 --> 00:03:16,133
No, but civil law is something
you all want to do,
54
00:03:16,157 --> 00:03:17,125
and this is a good in.
55
00:03:17,158 --> 00:03:19,394
Right now our civil profile
is nonexistent.
56
00:03:19,427 --> 00:03:22,163
Which is unfortunate,
because I'd love to buy a house.
57
00:03:22,197 --> 00:03:23,197
Me, too.
58
00:03:28,536 --> 00:03:32,173
I was walking home from school
when I got to the corner.
59
00:03:32,207 --> 00:03:34,275
Pembleton and Columbus?
60
00:03:35,176 --> 00:03:38,546
Yes, and I waited
till the sign said "walk."
61
00:03:38,579 --> 00:03:40,448
So I started to cross.
62
00:03:40,481 --> 00:03:41,850
Then I saw it.
63
00:03:41,883 --> 00:03:43,819
Saw what?
The car.
64
00:03:43,852 --> 00:03:46,321
It was coming so fast.
65
00:03:46,354 --> 00:03:49,157
I turned to look,
but it was too late.
66
00:03:49,190 --> 00:03:51,659
Before I could even move,
it had hit me.
67
00:03:51,692 --> 00:03:54,796
Could you see
who was driving the car?
68
00:03:54,830 --> 00:03:57,699
Only that it was a man,
and he was wearing a suit,
69
00:03:57,733 --> 00:03:59,367
like a business suit.
70
00:03:59,400 --> 00:04:01,302
Did you see anything else?
71
00:04:01,336 --> 00:04:03,772
I saw he was looking down
where a phone would be,
72
00:04:03,805 --> 00:04:05,774
and he wasn't looking
at where he was driving.
73
00:04:05,807 --> 00:04:06,808
Objection.
74
00:04:06,842 --> 00:04:08,977
Overruled.
It's his observation.
75
00:04:10,378 --> 00:04:12,781
Can you tell the jury
about your injuries?
76
00:04:12,814 --> 00:04:15,450
I had broken ribs,
77
00:04:15,483 --> 00:04:16,952
my lungs was hurt,
78
00:04:16,985 --> 00:04:19,320
my arm was broken,
79
00:04:19,354 --> 00:04:21,089
my head was hurt,
80
00:04:21,122 --> 00:04:24,259
and a bone was broken
in my shin.
81
00:04:24,292 --> 00:04:27,395
Have you had any other problems
besides broken bones?
82
00:04:27,428 --> 00:04:28,930
I can't learn.
83
00:04:29,965 --> 00:04:31,532
You can't learn?
84
00:04:31,566 --> 00:04:34,936
I don't remember anything
that they teach me at school.
85
00:04:36,237 --> 00:04:38,206
Could you before the accident?
86
00:04:38,239 --> 00:04:39,875
Yes.
87
00:04:39,908 --> 00:04:40,876
And you've talked to the doctors
88
00:04:40,909 --> 00:04:42,419
about these problems
you've had learning.
89
00:04:42,443 --> 00:04:43,745
Yes.
90
00:04:43,779 --> 00:04:45,146
Did they tell you whether or not
91
00:04:45,180 --> 00:04:46,882
these problems
would ever go away?
92
00:04:46,915 --> 00:04:49,050
They don't think they will.
93
00:04:50,051 --> 00:04:51,219
Thank you, Jason.
94
00:04:51,252 --> 00:04:53,288
Right now,
another lawyer is going
95
00:04:53,321 --> 00:04:55,290
to ask you
a few questions, okay?
96
00:04:55,323 --> 00:04:56,457
Okay.
97
00:05:04,365 --> 00:05:05,701
Hi, Jason.
98
00:05:05,734 --> 00:05:09,304
I'm Eugene Young,
and as Ms. Turner said,
99
00:05:09,337 --> 00:05:11,306
I'll be asking you
a few questions.
100
00:05:11,339 --> 00:05:13,574
If at any time you need a break,
101
00:05:13,608 --> 00:05:16,044
you just tell me, okay?
Okay.
102
00:05:17,478 --> 00:05:21,249
First, let me say how sorry
I am that you got hurt,
103
00:05:21,282 --> 00:05:22,650
and that I hope you get better.
104
00:05:22,683 --> 00:05:24,252
Thank you.
105
00:05:24,285 --> 00:05:27,823
You said you were walking home
from school that day, right?
106
00:05:27,856 --> 00:05:29,690
Yes.
At the corner,
107
00:05:29,725 --> 00:05:33,028
you said you waited
for the sign to say "walk."
108
00:05:33,061 --> 00:05:34,495
I did.
109
00:05:34,529 --> 00:05:37,632
There was a witness, Jason...
A Mr. Anthony Walker.
110
00:05:37,665 --> 00:05:40,268
And he said upon hearing
the impact, he looked up,
111
00:05:40,301 --> 00:05:42,037
and he said he noticed
112
00:05:42,070 --> 00:05:44,605
the light was flashing
"don't walk."
113
00:05:44,639 --> 00:05:47,976
Well, it said "walk"
when I started to walk.
114
00:05:48,009 --> 00:05:50,779
Sometimes it changes
when you're halfway across.
115
00:05:50,812 --> 00:05:52,781
Were you halfway across?
116
00:05:56,451 --> 00:05:58,353
According
to the police investigators,
117
00:05:58,386 --> 00:06:02,023
you got hit when you were
about ten feet from the curb.
118
00:06:02,057 --> 00:06:04,425
So that would mean that
the light changed to "walk,"
119
00:06:04,459 --> 00:06:06,394
you walked ten feet,
120
00:06:06,427 --> 00:06:08,196
and then it changed to
"don't walk."
121
00:06:08,229 --> 00:06:09,430
Is that what happened?
122
00:06:10,331 --> 00:06:11,599
I don't know.
123
00:06:11,632 --> 00:06:13,802
Is it possible
that when you got to the curb,
124
00:06:13,835 --> 00:06:16,171
you looked up, saw "walk,"
then walked?
125
00:06:18,139 --> 00:06:19,607
That's what I said.
126
00:06:19,640 --> 00:06:22,077
Well, actually, you said
127
00:06:22,110 --> 00:06:24,212
you waited for it
to change to "walk,"
128
00:06:24,245 --> 00:06:25,622
and that's where
I'm having difficulty.
129
00:06:25,646 --> 00:06:28,483
Now, if it had already
been flashing "walk"
130
00:06:28,516 --> 00:06:29,818
when you arrived at the corner,
131
00:06:29,851 --> 00:06:32,487
then I can see how you might
only get ten feet or so.
132
00:06:32,520 --> 00:06:35,791
Could it have
already been on "walk"
133
00:06:35,824 --> 00:06:38,026
when you arrived
at the corner, Jason?
134
00:06:39,660 --> 00:06:44,165
Maybe. All I know is that
it said "walk," and I walked.
135
00:06:46,234 --> 00:06:48,469
You said after the accident,
136
00:06:48,503 --> 00:06:50,939
you've been having trouble
remembering things, right?
137
00:06:50,972 --> 00:06:52,273
Yes.
138
00:06:54,075 --> 00:06:57,212
Jason, truthfully...
139
00:06:58,579 --> 00:07:02,117
do you have a little trouble
remembering the accident itself?
140
00:07:06,187 --> 00:07:08,323
When you woke up
after the accident,
141
00:07:08,356 --> 00:07:10,759
and the police
asked you what happened,
142
00:07:10,792 --> 00:07:12,060
did you remember?
143
00:07:13,128 --> 00:07:14,562
Not right away.
144
00:07:15,430 --> 00:07:17,498
Well, how long
after the accident
145
00:07:17,532 --> 00:07:19,467
did you start to remember?
146
00:07:22,971 --> 00:07:24,305
It took a long time.
147
00:07:42,123 --> 00:07:44,926
What, you're still
expecting me to blink?
148
00:07:44,960 --> 00:07:48,463
Audrey, the boy's memory
is suspect.
149
00:07:48,496 --> 00:07:50,631
No skid marks, Gordon,
middle of the street.
150
00:07:50,665 --> 00:07:52,533
But if he dashed...
Nobody saw him dash,
151
00:07:52,567 --> 00:07:54,611
least of all your client,
who was trying to place a call.
152
00:07:54,635 --> 00:07:56,938
The one and only witness saw
"don't walk."
153
00:07:56,972 --> 00:07:59,440
How many times have we had
this give and take?
154
00:07:59,474 --> 00:08:01,877
Many times, but I'm the only one
who seems to be giving.
155
00:08:01,910 --> 00:08:03,845
You haven't...
Four-fifty for a boy
156
00:08:03,879 --> 00:08:05,981
with permanent
learning disabilities.
157
00:08:06,014 --> 00:08:08,216
My doctors say it most likely
isn't permanent.
158
00:08:08,249 --> 00:08:10,551
The truth is it'll be years
before we know.
159
00:08:10,585 --> 00:08:14,790
I am putting an extra 200
on the table for it now,
160
00:08:14,823 --> 00:08:17,058
and all this assumes
that you can make on liability,
161
00:08:17,092 --> 00:08:18,459
which is not a lock.
162
00:08:18,493 --> 00:08:20,729
I'm not taking 450.
163
00:08:22,798 --> 00:08:24,408
Why don't we split
the difference and go home:
164
00:08:24,432 --> 00:08:25,967
Five and a quarter.
Five-fifty.
165
00:08:26,001 --> 00:08:27,602
Five twenty-five.
166
00:08:27,635 --> 00:08:28,904
I know you've done the numbers.
167
00:08:28,937 --> 00:08:31,840
It's a good offer,
and it's final.
168
00:08:34,609 --> 00:08:35,877
Yea or nay?
169
00:08:39,514 --> 00:08:41,416
I'll discuss it with the family.
170
00:08:51,526 --> 00:08:53,628
How'd it go?
171
00:08:54,395 --> 00:08:55,764
Eugene was good.
172
00:08:55,797 --> 00:08:57,999
Gentle, but he caught
some discrepancies.
173
00:08:58,033 --> 00:09:00,468
I don't think the boy
really remembers the accident.
174
00:09:00,501 --> 00:09:01,469
Eight and a half at the time.
175
00:09:01,502 --> 00:09:03,238
Well, there's another offer out.
176
00:09:03,271 --> 00:09:04,740
The feeling is they'll grab it.
177
00:09:06,407 --> 00:09:07,408
Can I help you?
178
00:09:07,442 --> 00:09:10,912
Yes, I'm looking
for Gordon Keene.
179
00:09:10,946 --> 00:09:12,247
I was told he might be here.
180
00:09:12,280 --> 00:09:15,150
No, we just left him.
I think, uh...
181
00:09:15,183 --> 00:09:16,718
he's on his way home.
182
00:09:16,752 --> 00:09:18,319
I'm Dr. Harold Manning,
183
00:09:18,353 --> 00:09:21,456
Vice President
of Medical Affairs
for Brenford Mutual.
184
00:09:21,489 --> 00:09:24,292
This firm, I understand,
is on the Jason Lees case.
185
00:09:24,325 --> 00:09:25,894
Yes.
186
00:09:26,862 --> 00:09:28,696
Could we go somewhere and talk?
187
00:09:31,800 --> 00:09:34,469
I've worked for Brenford Mutual
for almost 20 years.
188
00:09:34,502 --> 00:09:36,471
I review files,
medical histories,
189
00:09:36,504 --> 00:09:38,907
in part to be sure
they're not being defrauded.
190
00:09:38,940 --> 00:09:41,009
You think the boy's injuries
may be a fraud?
191
00:09:41,042 --> 00:09:43,211
No, certainly not.
192
00:09:43,244 --> 00:09:45,847
Everything listed
in the complaint is real.
193
00:09:45,881 --> 00:09:47,783
It's what isn't listed.
194
00:09:48,683 --> 00:09:50,852
I'm not sure I follow, doctor.
195
00:09:50,886 --> 00:09:53,254
This afternoon,
in preparing for the case,
196
00:09:53,288 --> 00:09:55,924
one of our staff physicians
went back over the file
197
00:09:55,957 --> 00:09:57,759
along with all the X-rays.
198
00:09:57,793 --> 00:09:59,861
He saw something on the MRI...
199
00:09:59,895 --> 00:10:02,497
A tiny marking
at the base of the brain.
200
00:10:02,530 --> 00:10:04,032
He had me look at it.
201
00:10:04,065 --> 00:10:06,101
At first I assumed
it was minor bleeding.
202
00:10:06,134 --> 00:10:08,569
We often see that
in this kind of trauma.
203
00:10:08,603 --> 00:10:10,071
But I looked closer.
204
00:10:10,105 --> 00:10:12,307
You think
it may be more serious?
205
00:10:12,340 --> 00:10:13,875
I'm certain it is.
206
00:10:13,909 --> 00:10:17,612
Mr. Lees has a dissecting
aneurysm of the basilar artery.
207
00:10:20,648 --> 00:10:23,151
A small tear
in the lining of the artery.
208
00:10:23,184 --> 00:10:26,187
In time, that tear will
likely get progressively worse,
209
00:10:26,221 --> 00:10:28,757
until eventually,
the wall of the vessel ruptures.
210
00:10:28,790 --> 00:10:30,525
What are the chances
that'll happen?
211
00:10:30,558 --> 00:10:33,028
It will happen.
The question is when.
212
00:10:33,061 --> 00:10:35,530
Maybe today,
maybe ten years from now.
213
00:10:35,563 --> 00:10:38,399
Without immediate surgery
to repair the damage,
214
00:10:38,433 --> 00:10:41,870
his life is at significant risk.
215
00:10:41,903 --> 00:10:43,271
Wait a second.
216
00:10:43,304 --> 00:10:46,207
Jason Lees has a team
of treating physicians.
217
00:10:46,241 --> 00:10:47,976
I have to believe
they're aware of this.
218
00:10:48,009 --> 00:10:49,110
If they were aware of this,
219
00:10:49,144 --> 00:10:50,621
the boy would have
been rushed into surgery.
220
00:10:50,645 --> 00:10:52,347
His doctors obviously missed it.
221
00:10:52,380 --> 00:10:54,249
We missed it until today.
222
00:10:55,583 --> 00:10:57,719
Have you notified his family
or his doctors?
223
00:10:57,753 --> 00:10:59,020
I can't.
224
00:10:59,054 --> 00:11:00,588
As an officer of the company,
225
00:11:00,621 --> 00:11:02,523
I have a fiduciary duty
to Brenford Mutual.
226
00:11:02,557 --> 00:11:05,560
I cannot disclose
if it's against their interest.
227
00:11:05,593 --> 00:11:07,695
So they don't even know.
No, they don't.
228
00:11:07,729 --> 00:11:10,431
What about Gordon Keene?
Does he know about this?
229
00:11:10,465 --> 00:11:12,167
No, that's why I've come
looking for him.
230
00:11:12,200 --> 00:11:13,377
I couldn't get him on his cell.
231
00:11:13,401 --> 00:11:16,471
What you're telling us, doctor...
232
00:11:16,504 --> 00:11:18,940
That boy's life
is in immediate danger.
233
00:11:20,041 --> 00:11:22,177
That's exactly
what I'm telling you.
234
00:11:35,791 --> 00:11:37,358
I just got off
with Dr. Scanlon.
235
00:11:37,392 --> 00:11:39,160
He agrees... aneurysm.
236
00:11:39,194 --> 00:11:41,696
Okay, whatever they counter
tomorrow,
237
00:11:41,730 --> 00:11:43,064
we'll accept it.
238
00:11:43,098 --> 00:11:45,500
Then we'll get the settlement
entered immediately.
239
00:11:45,533 --> 00:11:48,536
Tomorrow? That kid
is in danger tonight.
240
00:11:48,569 --> 00:11:50,381
We can't get a settlement
entered tonight, Jimmy.
241
00:11:50,405 --> 00:11:51,539
So what?
242
00:11:51,572 --> 00:11:53,308
Gordon... I hear you, Bobby.
243
00:11:53,341 --> 00:11:56,611
But the client has instructed me
to get the case settled.
244
00:11:56,644 --> 00:11:58,613
If that aneurysm bursts tonight,
245
00:11:58,646 --> 00:12:01,116
Brenford Mutual will be
on the hook for ten times...
246
00:12:01,149 --> 00:12:03,484
Well, they're willing
to run the risk, evidently.
247
00:12:03,518 --> 00:12:05,553
I'm not.
That's not your call.
248
00:12:05,586 --> 00:12:07,522
This is privileged.
It's work product.
249
00:12:07,555 --> 00:12:10,058
We can't let a kid die.
Come on.
250
00:12:10,091 --> 00:12:11,626
We are gonna settle this thing
251
00:12:11,659 --> 00:12:12,861
and then enter it.
252
00:12:12,894 --> 00:12:14,629
Then they'll just try
to void it on fraud
253
00:12:14,662 --> 00:12:15,731
as soon as we tell them.
254
00:12:15,764 --> 00:12:17,165
Did you advise
the client of that?
255
00:12:17,198 --> 00:12:18,333
I did.
256
00:12:18,366 --> 00:12:19,735
And?
257
00:12:20,702 --> 00:12:22,170
The client
doesn't want us to tell
258
00:12:22,203 --> 00:12:24,339
even after the settlement.
259
00:12:34,215 --> 00:12:36,284
You got to be kidding me.
260
00:12:36,317 --> 00:12:37,585
Bobby...
261
00:12:38,553 --> 00:12:41,222
Brenford Mutual is hemorrhaging,
262
00:12:41,256 --> 00:12:42,858
if you'll pardon
the terrible pun.
263
00:12:43,859 --> 00:12:46,762
If it gets out that
that kid has an aneurysm,
264
00:12:46,795 --> 00:12:48,730
it's a multimillion-dollar
verdict
265
00:12:48,764 --> 00:12:50,598
even if they're able
to repair it.
266
00:12:50,631 --> 00:12:52,433
And if it should come out
that we knew
267
00:12:52,467 --> 00:12:54,135
about that aneurysm
and we didn't tell...
268
00:12:55,203 --> 00:12:58,606
The public relations alone...
That's sick.
269
00:12:58,639 --> 00:12:59,784
There's got to be
a way around this.
270
00:12:59,808 --> 00:13:00,808
There isn't.
271
00:13:01,609 --> 00:13:03,311
The client has given us
the instruction.
272
00:13:03,344 --> 00:13:07,983
We are ethically prohibited
from revealing this information.
273
00:13:11,119 --> 00:13:14,455
Now, look, I don't like this
any more than you do, but...
274
00:13:18,860 --> 00:13:20,395
I'll take it from here.
275
00:13:20,428 --> 00:13:22,798
I'll get this thing
settled in the morning.
276
00:13:25,666 --> 00:13:26,835
Thanks.
277
00:13:33,709 --> 00:13:35,744
We're just going to sit on this?
278
00:13:37,012 --> 00:13:38,780
Lucy, get me Anderson Pearson.
279
00:13:46,021 --> 00:13:47,756
I'm afraid
Gordon Keene is right.
280
00:13:47,789 --> 00:13:49,958
He can't be.
If we know a client
281
00:13:49,991 --> 00:13:52,260
is about to cause
serious bodily harm,
282
00:13:52,293 --> 00:13:53,995
we're allowed to tell.
283
00:13:54,029 --> 00:13:56,664
No. That is different
from knowing somebody's
medical condition
284
00:13:56,698 --> 00:13:57,999
as a part of work product.
285
00:13:58,033 --> 00:14:00,001
Why? why should it
be any different?
286
00:14:00,035 --> 00:14:01,770
In both instances,
we have knowledge
287
00:14:01,803 --> 00:14:03,504
somebody's about to get hurt.
288
00:14:03,538 --> 00:14:05,941
Perhaps that distinction
is a ludicrous one, Bobby,
289
00:14:05,974 --> 00:14:08,143
but currently,
the law makes that distinction.
290
00:14:08,176 --> 00:14:11,546
If you know your client
is about to commit a crime
291
00:14:11,579 --> 00:14:14,382
and cause bodily injury,
you are permitted to tell.
292
00:14:14,415 --> 00:14:17,052
But a medical condition
in a civil matter...
293
00:14:17,085 --> 00:14:18,619
Unless you get
the client's permission,
294
00:14:18,653 --> 00:14:19,955
you are frozen.
295
00:14:22,858 --> 00:14:24,726
Can't you get the client
to move on this?
296
00:14:24,760 --> 00:14:25,827
No.
297
00:14:31,632 --> 00:14:33,668
All I can think of...
After we settle the case,
298
00:14:33,702 --> 00:14:35,536
the client
might be less panicked.
299
00:14:35,570 --> 00:14:37,973
Maybe then we can
convince them to tell.
300
00:14:38,006 --> 00:14:40,208
But as Keene said,
the risk there is so great.
301
00:14:40,241 --> 00:14:42,041
Well, I can't think
of anything else, can you?
302
00:14:43,779 --> 00:14:45,280
Jimmy?
303
00:14:49,117 --> 00:14:50,752
Jimmy? Any ideas?
304
00:14:51,486 --> 00:14:52,821
No.
305
00:14:54,823 --> 00:14:56,691
Where are you in the trial?
306
00:14:56,725 --> 00:14:58,493
Well, it's obviously
going to settle now.
307
00:14:58,526 --> 00:15:00,328
But if for some reason
it doesn't,
308
00:15:00,361 --> 00:15:02,063
are you ready
with your closing, Jimmy?
309
00:15:03,464 --> 00:15:04,299
Jimmy!
310
00:15:04,332 --> 00:15:06,702
Is your closing ready?
311
00:15:07,903 --> 00:15:10,238
I was gonna head back
to work on it now.
312
00:15:10,271 --> 00:15:11,883
I don't think we'd get there
tomorrow, but...
313
00:15:11,907 --> 00:15:13,709
You've got to stay focused.
314
00:15:13,742 --> 00:15:16,077
I'll be ready, if need be.
315
00:15:51,713 --> 00:15:53,414
Any sisters?
316
00:15:53,448 --> 00:15:56,785
No sisters.
Just me and my two brothers.
317
00:15:56,818 --> 00:15:58,920
My parents wanted a girl
when they had me.
318
00:15:58,954 --> 00:16:01,890
At least that's what
my older brother tells me.
319
00:16:01,923 --> 00:16:03,624
He says that to punk me.
320
00:16:03,658 --> 00:16:05,093
He punks me all the time.
321
00:17:04,419 --> 00:17:06,321
Mr. Lees, my name
is James Berluti.
322
00:17:06,354 --> 00:17:09,090
I'm one of the lawyers
representing Branford Mutual.
323
00:17:09,124 --> 00:17:10,558
Yeah, I recognize you.
324
00:17:10,591 --> 00:17:12,693
I'm sorry
to bother you this late.
325
00:17:13,594 --> 00:17:14,796
Your son...
326
00:17:19,134 --> 00:17:22,170
your son has an aneurysm
at the base of his skull.
327
00:17:23,238 --> 00:17:24,873
What?
328
00:17:24,906 --> 00:17:26,908
Our doctors reviewed
his MRI today.
329
00:17:26,942 --> 00:17:29,477
I've called an ambulance.
It's on the way.
330
00:17:31,079 --> 00:17:32,247
There's been a misdiagnosis.
331
00:17:32,280 --> 00:17:34,049
Your son could be in danger.
332
00:17:36,384 --> 00:17:38,519
We need to get him
to a hospital.
333
00:17:38,553 --> 00:17:39,520
Where is he now?
334
00:17:39,554 --> 00:17:41,389
He's in bed.
335
00:17:41,422 --> 00:17:42,891
You need to get him up.
336
00:17:45,160 --> 00:17:48,663
Mr. Lees, you need
to get your son out of bed.
337
00:17:50,932 --> 00:17:52,000
You got him?
338
00:17:54,069 --> 00:17:55,503
It's just a precaution,
sweetheart.
339
00:17:55,536 --> 00:17:56,705
You're gonna be fine.
340
00:17:56,738 --> 00:17:58,039
You're gonna be fine.
341
00:18:14,355 --> 00:18:15,423
Jimmy.
342
00:18:17,525 --> 00:18:19,394
Dr. Manning was right.
343
00:18:19,427 --> 00:18:21,262
The boy went into surgery
a couple hours ago.
344
00:18:21,296 --> 00:18:23,799
Well, did... did anything happen?
345
00:18:23,832 --> 00:18:24,832
No.
346
00:18:25,901 --> 00:18:27,135
I told them.
347
00:18:28,336 --> 00:18:29,637
You told them?
348
00:18:39,447 --> 00:18:40,916
Jimmy informed the parents.
349
00:18:40,949 --> 00:18:42,450
The boy is in surgery.
350
00:18:43,752 --> 00:18:45,320
Are you out of your mind?
351
00:18:45,353 --> 00:18:48,289
Yeah, I am.
352
00:18:48,323 --> 00:18:50,726
And you can go tell
your client, Mr. Keene,
353
00:18:50,759 --> 00:18:52,961
if they want to report me
to the Bar, go ahead.
354
00:18:52,994 --> 00:18:55,864
But like you said,
the negative publicity
will destroy them,
355
00:18:55,897 --> 00:18:58,199
and I'll make plenty of noise,
trust me.
356
00:18:58,233 --> 00:19:00,969
Is that all you thought about,
Jimmy, being disbarred?
357
00:19:01,002 --> 00:19:02,838
You personally and your firm
358
00:19:02,871 --> 00:19:04,706
will be on the hook
for any damage award
359
00:19:04,740 --> 00:19:06,708
above $550,000,
you think about that?
360
00:19:06,742 --> 00:19:09,410
I wasn't gonna let that kid die.
361
00:19:18,086 --> 00:19:19,687
We removed the aneurysm,
362
00:19:19,721 --> 00:19:21,489
clipped it
without complications.
363
00:19:21,522 --> 00:19:22,657
He's gonna be fine.
364
00:19:42,711 --> 00:19:44,655
Could they tell whether
it was about to burst or not?
365
00:19:44,679 --> 00:19:46,414
Not really,
but it was dangerous enough
366
00:19:46,447 --> 00:19:48,183
that they had to operate
right away.
367
00:19:48,216 --> 00:19:49,593
Was there any bleeding
in the brain?
368
00:19:49,617 --> 00:19:51,486
No, because it never ruptured.
They clipped it.
369
00:19:51,519 --> 00:19:53,688
I take it the case
isn't about to settle now.
370
00:19:53,722 --> 00:19:55,123
Oh, no.
371
00:19:55,156 --> 00:19:57,225
And... we were fired.
372
00:19:57,959 --> 00:19:58,860
Sorry.
373
00:19:58,894 --> 00:20:00,161
I'm proud of you, Jimmy.
374
00:20:01,429 --> 00:20:02,639
I'll probably never get
my house now,
375
00:20:02,663 --> 00:20:04,499
but I'm proud of you.
376
00:20:04,532 --> 00:20:05,834
Me, too.
377
00:20:05,867 --> 00:20:09,270
Jimmy, that was
the Board of Bar Overseers.
378
00:20:10,071 --> 00:20:12,874
You've been summoned to appear
today at 1:00.
379
00:20:12,908 --> 00:20:14,075
What?
380
00:20:15,376 --> 00:20:16,745
They actually reported me.
381
00:20:16,778 --> 00:20:17,979
I didn't think they'd dare.
382
00:20:20,749 --> 00:20:23,051
Brenford Mutual
didn't report you.
383
00:20:24,886 --> 00:20:26,354
Who, then? Keene?
384
00:20:28,456 --> 00:20:29,690
I reported you, Jimmy.
385
00:20:32,160 --> 00:20:33,394
What?
386
00:20:35,196 --> 00:20:37,165
Under the Canon of Legal Ethics,
387
00:20:37,198 --> 00:20:38,599
I had a duty to report you.
388
00:20:39,701 --> 00:20:41,402
And if I had a vote,
389
00:20:41,436 --> 00:20:43,504
I'd recommend you be disbarred.
390
00:21:14,269 --> 00:21:16,137
They're calling him in
at 1:00.
391
00:21:16,972 --> 00:21:18,539
I heard.
392
00:21:23,011 --> 00:21:25,280
Why didn't you check
with me first?
393
00:21:25,914 --> 00:21:27,148
Did Jimmy check with you
394
00:21:27,182 --> 00:21:28,950
before breaking
the client's privilege?
395
00:21:28,984 --> 00:21:31,853
You revealed a pretty big
secret yourself, Eugene.
396
00:21:31,887 --> 00:21:34,655
Jimmy just told the parents
that the kid was sick.
397
00:21:34,689 --> 00:21:36,457
By reporting him to the Bar,
398
00:21:36,491 --> 00:21:40,428
you revealed that it was
the client's intent not to tell,
399
00:21:40,461 --> 00:21:42,964
and the publicity of that
may be what brings them down.
400
00:21:42,998 --> 00:21:43,965
Did you consider that?
401
00:21:43,999 --> 00:21:47,468
I considered this...
Jimmy should go.
402
00:21:49,771 --> 00:21:51,372
I like him, but...
403
00:21:51,406 --> 00:21:53,541
Actually, right now
I'm not even sure I do.
404
00:21:54,609 --> 00:21:56,577
He put us all at risk, Bobby.
405
00:21:56,611 --> 00:21:59,547
To flex his conscience,
he jeopardized this entire firm,
406
00:21:59,580 --> 00:22:02,083
same as he did
when he stole client funds
407
00:22:02,117 --> 00:22:03,318
to pay off his gambling debt.
408
00:22:03,351 --> 00:22:05,320
You should have
come to me before...
409
00:22:05,353 --> 00:22:09,290
You...
would have done nothing.
410
00:22:12,728 --> 00:22:15,030
You're a nice guy.
411
00:22:15,063 --> 00:22:17,498
You would have let it ride
because Jimmy's a nice guy.
412
00:22:17,532 --> 00:22:18,934
He would have cried, "I'm sorry,
413
00:22:18,967 --> 00:22:20,644
it won't happen again,"
and you would have bought it.
414
00:22:20,668 --> 00:22:22,237
Well, I'm not buying it anymore.
415
00:22:22,270 --> 00:22:24,472
I'm not letting him
take me down and everybody else.
416
00:22:24,505 --> 00:22:26,107
Enough is enough.
417
00:22:26,141 --> 00:22:29,177
He has to face the consequences.
418
00:22:30,946 --> 00:22:32,547
I don't set a lot of rules here.
419
00:22:35,383 --> 00:22:36,818
But we don't turn on each other.
420
00:22:36,852 --> 00:22:38,053
I didn't turn on him.
421
00:22:38,086 --> 00:22:40,088
He turned on us
with what he did.
422
00:22:40,121 --> 00:22:41,556
He put us all at risk.
423
00:22:41,589 --> 00:22:43,759
By my reporting him,
I protected the firm, so...
424
00:22:43,792 --> 00:22:45,693
Oh, so you were
protecting us.
Damn right.
425
00:22:45,727 --> 00:22:47,595
Then why not be open about it?
426
00:22:47,628 --> 00:22:48,797
Why not come to me before...
427
00:22:48,830 --> 00:22:50,041
Because you would have
protected him
428
00:22:50,065 --> 00:22:51,532
and put the firm at risk, too.
429
00:22:51,566 --> 00:22:54,102
Then aren't we all lucky
430
00:22:54,135 --> 00:22:56,171
to have you to look out for us.
431
00:22:58,039 --> 00:23:00,308
Imagine how safe
you make us feel.
432
00:23:01,509 --> 00:23:03,211
You taking his side, Bobby?
433
00:23:03,244 --> 00:23:05,113
What he did was wrong.
434
00:23:06,748 --> 00:23:08,449
But I don't like
what you did, either.
435
00:23:10,952 --> 00:23:13,521
And if you think you did it
the way you did to protect us...
436
00:23:15,991 --> 00:23:17,759
then you're lying to yourself.
437
00:23:26,101 --> 00:23:28,603
Obviously, we were
still processing
438
00:23:28,636 --> 00:23:31,672
the new information and trying
to decide what to do.
439
00:23:31,707 --> 00:23:36,211
It was an extremely agonizing
decision for all involved.
440
00:23:36,244 --> 00:23:38,013
As you left it
with Mr. Berluti,
441
00:23:38,046 --> 00:23:39,347
the client's decision
442
00:23:39,380 --> 00:23:41,282
was not to reveal
the boy's condition.
443
00:23:41,316 --> 00:23:42,818
There was nothing
to be accomplished
444
00:23:42,851 --> 00:23:44,085
in the course of the night,
445
00:23:44,119 --> 00:23:46,254
so general counsel
at Brenford Mutual...
446
00:23:46,287 --> 00:23:49,925
Mr. Keene, we'll be here
all day if you choose to dance.
447
00:23:50,491 --> 00:23:51,692
I know you're trying to serve
448
00:23:51,727 --> 00:23:54,429
the public reputation
of Brenford Mutual,
449
00:23:54,462 --> 00:23:57,265
but that's not what
this hearing is about.
450
00:23:57,298 --> 00:23:58,700
Yes, Your Honor.
451
00:23:58,734 --> 00:24:01,202
Mr. Young
has reported to us
452
00:24:01,236 --> 00:24:03,538
that the client's
unequivocal instruction
453
00:24:03,571 --> 00:24:05,907
was for the attorneys
not to reveal
454
00:24:05,941 --> 00:24:07,542
what the client had told them
455
00:24:07,575 --> 00:24:10,411
about Jason Lees'
medical condition.
456
00:24:10,445 --> 00:24:11,780
Is that true, sir?
457
00:24:11,813 --> 00:24:13,882
Personally, I believe that
that decision
458
00:24:13,915 --> 00:24:15,250
was subject to change.
459
00:24:15,283 --> 00:24:17,853
Answer my question, Mr. Keene.
460
00:24:19,020 --> 00:24:20,856
Yes.
461
00:24:20,889 --> 00:24:24,392
At the time that
Mr. Berluti chose to tell them,
462
00:24:24,425 --> 00:24:27,128
the client's wishes were
that he not do so.
463
00:24:28,329 --> 00:24:29,865
And from your observation,
464
00:24:29,898 --> 00:24:32,267
Mr. Berluti was aware
of the client's wishes.
465
00:24:32,300 --> 00:24:35,403
We were all acutely aware, yes.
466
00:24:38,273 --> 00:24:40,175
Okay, we'll take a short break,
467
00:24:40,208 --> 00:24:42,077
then resume
with Mr. Berluti.
468
00:24:51,753 --> 00:24:53,221
Okay, my opinion...
469
00:24:53,254 --> 00:24:54,498
We just go with
straight emotion.
470
00:24:54,522 --> 00:24:56,624
All of this happened so fast.
471
00:24:56,657 --> 00:24:58,159
You certainly did
the humane thing.
472
00:24:58,193 --> 00:25:00,829
Basically, you went
on autopilot, Jimmy.
473
00:25:00,862 --> 00:25:02,964
I agree.
You're dead on the law,
474
00:25:02,998 --> 00:25:04,933
and Hiller... we know how she is.
475
00:25:04,966 --> 00:25:07,335
Just tell them you blew it.
Show some remorse.
476
00:25:07,368 --> 00:25:09,037
They can't be
without compassion.
477
00:25:10,605 --> 00:25:11,707
Okay.
478
00:25:12,841 --> 00:25:14,209
Jimmy?
479
00:25:15,676 --> 00:25:16,845
Are you okay?
480
00:25:17,846 --> 00:25:19,014
I'm fine.
481
00:25:30,992 --> 00:25:32,794
Is the hearing going on now?
482
00:25:32,828 --> 00:25:34,830
We're on a break.
483
00:25:36,031 --> 00:25:37,733
But it's a closed session,
Mr. Lees.
484
00:25:37,766 --> 00:25:39,567
You can't go in.
485
00:25:41,102 --> 00:25:42,503
Where's Mr. Berluti?
486
00:25:43,972 --> 00:25:46,207
He's, uh, meeting
with his lawyers.
487
00:25:48,977 --> 00:25:50,078
How's your son?
488
00:25:50,846 --> 00:25:52,180
Do you care, Mr. Young?
489
00:25:55,550 --> 00:25:57,919
Look, Mr. Lees,
please try to understand.
490
00:26:00,621 --> 00:26:02,891
In the legal profession,
491
00:26:02,924 --> 00:26:04,392
there's a certain code...
492
00:26:07,262 --> 00:26:08,596
that we have to live with.
493
00:26:09,798 --> 00:26:11,900
Then you live with it,
Mr. Young.
494
00:26:13,101 --> 00:26:14,469
You live with it.
495
00:26:21,176 --> 00:26:24,679
I think, you know,
emotion got the better of me.
496
00:26:24,713 --> 00:26:26,214
I kind of snapped.
497
00:26:26,247 --> 00:26:27,448
You kind of snapped.
498
00:26:27,482 --> 00:26:28,717
Like insanity?
499
00:26:28,750 --> 00:26:31,820
No, no.
I knew what I was doing,
500
00:26:31,853 --> 00:26:35,023
and I admit
what I did was wrong.
501
00:26:35,056 --> 00:26:37,058
But, uh, let's not forget
502
00:26:37,092 --> 00:26:38,927
a life was maybe saved.
503
00:26:38,960 --> 00:26:40,929
That boy could have died.
504
00:26:40,962 --> 00:26:42,831
I'm a little confused.
505
00:26:42,864 --> 00:26:44,966
You say you admit
what you did was wrong,
506
00:26:45,000 --> 00:26:46,802
then you go on to defend it.
507
00:26:46,835 --> 00:26:48,970
Do you think it was wrong
or don't you?
508
00:26:49,004 --> 00:26:52,307
Well, I knew it was wrong
under the law,
509
00:26:52,340 --> 00:26:55,643
but on a human level,
I guess I feel justified.
510
00:26:55,676 --> 00:26:59,380
So you chose to commit
a knowing violation of the law
511
00:26:59,414 --> 00:27:01,883
because you disagreed
with that law?
512
00:27:03,051 --> 00:27:04,886
It was a very emotional night.
513
00:27:04,920 --> 00:27:08,456
So absent that emotion,
as you sit here today,
514
00:27:08,489 --> 00:27:11,559
if you had it
to do all over again,
515
00:27:11,592 --> 00:27:13,862
your reflective choice would be
516
00:27:13,895 --> 00:27:16,297
to preserve the client's secret.
517
00:27:16,331 --> 00:27:18,233
You wouldn't tell the parents.
518
00:27:19,467 --> 00:27:21,703
Do I state it correctly,
Mr. Berluti?
519
00:27:28,844 --> 00:27:30,678
Mr. Berluti?
520
00:27:30,712 --> 00:27:32,480
Do I state it correctly?
521
00:27:38,720 --> 00:27:41,422
No, you do not, Your Honor.
522
00:27:41,456 --> 00:27:43,324
If I had to do it
all over again,
523
00:27:43,358 --> 00:27:45,560
I'd do exactly the same thing.
524
00:27:45,593 --> 00:27:47,628
I wouldn't let that kid die.
525
00:27:47,662 --> 00:27:48,629
Would you?
526
00:27:48,663 --> 00:27:51,733
I wouldn't even ask myself
the question, sir.
527
00:27:51,767 --> 00:27:53,735
We don't consult
our personal feelings
528
00:27:53,769 --> 00:27:56,004
on a case-by-case basis.
529
00:27:56,037 --> 00:27:58,707
As officers of the court,
we abide by the law,
530
00:27:58,740 --> 00:28:01,576
and under the law,
there is no real question here.
531
00:28:01,609 --> 00:28:02,911
With all due respect,
Your Honor,
532
00:28:02,944 --> 00:28:04,445
if you feel that way, then...
533
00:28:04,479 --> 00:28:07,248
It's not up to us to feel.
That's what...
534
00:28:07,282 --> 00:28:08,917
But we do.
535
00:28:08,950 --> 00:28:12,653
Whether the law says
we can or not, we feel.
536
00:28:12,687 --> 00:28:14,455
And if you can be
that cold about it,
537
00:28:14,489 --> 00:28:16,157
I don't care
how good a judge you are,
538
00:28:16,191 --> 00:28:17,993
you're not my idea
of a human being.
539
00:28:18,026 --> 00:28:19,895
Jimmy... No, I don't care.
540
00:28:19,928 --> 00:28:21,863
I won't be judged
by the three of you.
541
00:28:23,098 --> 00:28:24,933
I won't be judged by you.
542
00:28:28,937 --> 00:28:31,272
If we're a society of laws,
543
00:28:31,306 --> 00:28:34,509
if we're a society that says
let that kid die,
544
00:28:34,542 --> 00:28:36,912
then the society
needs adjusting.
545
00:28:36,945 --> 00:28:38,613
So we should
let every lawyer act
546
00:28:38,646 --> 00:28:40,148
according to his or her
own conscience
547
00:28:40,181 --> 00:28:42,083
with no regard
for what the rules mandate.
548
00:28:42,117 --> 00:28:44,720
The rules should have
regard for a conscience.
549
00:28:44,753 --> 00:28:46,187
Yours?
550
00:28:46,221 --> 00:28:48,689
Mr. Young's conscience
might tell him to preserve
551
00:28:48,724 --> 00:28:50,558
the trusted confidence
of a client.
552
00:28:50,591 --> 00:28:53,628
Mr. Young doesn't act
out of conscience.
553
00:28:53,661 --> 00:28:55,696
Pick another example.
554
00:28:55,731 --> 00:28:57,632
I think we understand
your position.
555
00:28:57,665 --> 00:29:00,736
You don't believe
what you did is wrong,
556
00:29:00,769 --> 00:29:02,838
and faced with the same choices,
557
00:29:02,871 --> 00:29:04,472
you'd do the same thing
over again.
558
00:29:05,874 --> 00:29:07,442
Yes.
559
00:29:09,811 --> 00:29:11,913
Okay, I think we're done.
560
00:29:23,992 --> 00:29:25,226
How'd it go?
561
00:29:25,260 --> 00:29:26,427
Not well.
562
00:29:26,461 --> 00:29:27,628
Did they rule?
563
00:29:27,662 --> 00:29:29,264
Under advisement.
564
00:29:29,297 --> 00:29:32,567
Okay, thank you.
I appreciate it.
565
00:29:32,600 --> 00:29:34,569
They're willing to let me
make a brief summation
566
00:29:34,602 --> 00:29:37,806
before they decide,
so I'm gonna get to work on it.
567
00:29:38,740 --> 00:29:39,841
I don't have a conscience?
568
00:29:39,875 --> 00:29:42,778
No, Eugene, you don't.
569
00:29:42,811 --> 00:29:44,412
All right.
570
00:29:44,445 --> 00:29:46,214
It's all too easy for you.
Jimmy.
571
00:29:46,247 --> 00:29:48,917
What'd you do last night,
go home, flick on a ball game?
572
00:29:48,950 --> 00:29:50,318
You did the easy thing, Jimmy.
573
00:29:50,351 --> 00:29:51,252
I don't want
to hear any of this.
574
00:29:51,286 --> 00:29:52,453
Well, I want to say it.
575
00:29:53,654 --> 00:29:56,657
We all wanted to tell.
Of course we did,
576
00:29:56,691 --> 00:29:58,293
but we were bound
by ethical duties...
577
00:29:58,326 --> 00:29:59,928
Duties we swore
to uphold even when...
578
00:29:59,961 --> 00:30:02,864
Tell me about ethics. You...
I am telling you.
579
00:30:02,898 --> 00:30:06,067
You falsified loan documents.
You got fired from a bank.
580
00:30:06,101 --> 00:30:07,511
That's how you got hired here
in the first place.
581
00:30:07,535 --> 00:30:08,904
Old news.
A month ago,
582
00:30:08,937 --> 00:30:11,072
you stole from a client
to pay off your bookie.
583
00:30:11,106 --> 00:30:12,941
I damn well will tell you
about ethics.
584
00:30:12,974 --> 00:30:13,974
You're a thief.
585
00:30:16,344 --> 00:30:19,314
And last night,
you forked over a client.
586
00:30:19,347 --> 00:30:21,016
Was it a popular thing to do?
587
00:30:21,049 --> 00:30:23,418
I'm sure, yes, they'll probably
give you a medal for it,
588
00:30:23,451 --> 00:30:25,520
but it's not what we do.
589
00:30:26,287 --> 00:30:27,723
Not to the client.
590
00:30:27,756 --> 00:30:29,057
And as lawyers, Jimmy,
591
00:30:29,090 --> 00:30:32,327
we owe them our trust...
Our trust!
592
00:30:32,360 --> 00:30:33,895
You're not trustworthy.
593
00:30:33,929 --> 00:30:37,298
You put no premium
on what it means
to be a lawyer.
594
00:30:37,332 --> 00:30:38,934
You disgraced everybody here,
595
00:30:38,967 --> 00:30:40,235
and you may have put us all
596
00:30:40,268 --> 00:30:43,404
out of business in the process.
597
00:30:43,438 --> 00:30:45,078
You want to call yourself
a friend, Jimmy?
598
00:30:47,242 --> 00:30:48,409
You're not my friend.
599
00:30:55,316 --> 00:30:56,517
You done?
600
00:30:59,320 --> 00:31:02,724
How convenient for you
I'm a gambling addict
601
00:31:02,758 --> 00:31:05,026
or that I stole that money.
602
00:31:05,060 --> 00:31:07,095
Makes it so easy for you
to conclude
603
00:31:07,128 --> 00:31:09,931
you got some
moral superiority going.
604
00:31:09,965 --> 00:31:11,432
You're more ethical, so, hey,
605
00:31:11,466 --> 00:31:13,568
you must be right on this,
huh, Eugene?
606
00:31:14,535 --> 00:31:16,604
But you're not right.
607
00:31:16,637 --> 00:31:19,240
You would have
let that kid's head explode.
608
00:31:19,274 --> 00:31:20,742
You're not right.
609
00:31:21,877 --> 00:31:23,311
And going behind my back...
610
00:31:24,913 --> 00:31:26,314
Well, I guess that makes you...
611
00:31:27,282 --> 00:31:28,449
friend.
612
00:31:32,821 --> 00:31:34,489
Why didn't you resign, Jimmy?
613
00:31:36,792 --> 00:31:38,626
You're about
to go blow a confidence,
614
00:31:38,659 --> 00:31:40,261
put the firm at risk
615
00:31:40,295 --> 00:31:43,198
for a million-dollar
malpractice claim, minimum.
616
00:31:44,299 --> 00:31:46,702
Why not quit first
to protect us?
617
00:31:47,869 --> 00:31:49,570
Your conscience
ever give that a thought?
618
00:31:53,041 --> 00:31:54,976
Nope.
619
00:31:55,010 --> 00:31:56,244
But I'll tell you this...
620
00:31:57,445 --> 00:31:58,780
I quit now.
621
00:32:21,269 --> 00:32:25,140
One man who scored
189 career touchdowns...
622
00:32:26,808 --> 00:32:28,928
his high-powered offense,
and y'all won't believe...
623
00:32:41,156 --> 00:32:42,724
I don't want you to quit.
624
00:32:44,259 --> 00:32:45,961
I know you don't, Bobby, but...
625
00:32:45,994 --> 00:32:48,096
This was an extreme situation.
626
00:32:50,131 --> 00:32:52,768
For my money,
you took us all off the hook.
627
00:32:55,603 --> 00:32:57,038
We all want you back.
628
00:32:58,306 --> 00:32:59,808
It kinda begs
the question of whether
629
00:32:59,841 --> 00:33:02,177
I even get to practice law.
630
00:33:02,210 --> 00:33:04,780
Ellenor's been working
all night on her statement.
631
00:33:04,813 --> 00:33:06,581
Let's not sell her short.
632
00:33:08,649 --> 00:33:11,753
You people have been
so good to me, Bobby.
633
00:33:13,488 --> 00:33:16,624
I know I haven't lived up to...
634
00:33:17,625 --> 00:33:19,260
You really believe that?
635
00:33:20,028 --> 00:33:23,765
Overall, I've been a liability.
636
00:33:26,001 --> 00:33:28,970
You still think of yourself
as Jimmy the Grunt?
637
00:33:29,004 --> 00:33:30,538
Do you ever stop to consider
638
00:33:30,571 --> 00:33:32,640
what a great trial lawyer
you've become?
639
00:33:32,673 --> 00:33:34,342
Did you pause for a second
640
00:33:34,375 --> 00:33:37,478
to wonder why Brenford Mutual
hired you here?
641
00:33:39,414 --> 00:33:41,649
You've become
a gifted trial lawyer.
642
00:33:43,184 --> 00:33:44,786
Now you tell me.
643
00:33:44,820 --> 00:33:46,221
As it's all about to end.
644
00:33:47,022 --> 00:33:48,323
Suppose it doesn't end.
645
00:33:50,926 --> 00:33:52,293
Will you come back?
646
00:33:54,529 --> 00:33:56,164
Of course I don't want to leave.
647
00:34:07,642 --> 00:34:08,977
Working pretty late.
648
00:34:10,478 --> 00:34:12,547
Just hanging out
with all my friends.
649
00:34:14,549 --> 00:34:16,584
You don't think we're
your friends now, Eugene?
650
00:34:17,919 --> 00:34:20,021
I don't know, Rebecca.
651
00:34:20,055 --> 00:34:23,258
I just see and hear you all
cheering for Jimmy.
652
00:34:24,459 --> 00:34:26,127
Eugene, we're standing by him
653
00:34:26,161 --> 00:34:28,263
not because we necessarily
agree with him,
654
00:34:28,296 --> 00:34:30,165
but because he's family.
655
00:34:33,268 --> 00:34:35,771
You went outside of the family
on this one.
656
00:34:38,740 --> 00:34:42,043
It was the right thing to do.
657
00:34:48,149 --> 00:34:49,550
Clearly, you think that.
658
00:34:57,692 --> 00:35:00,796
The circumstances
were extremely exigent...
659
00:35:00,829 --> 00:35:03,198
A human life
hanging in the balance.
660
00:35:03,231 --> 00:35:05,500
Nobody could presume
to know the vise
661
00:35:05,533 --> 00:35:07,535
Jimmy Berluti was in
two nights ago.
662
00:35:07,568 --> 00:35:10,171
Ms. Frutt, I'm sorry.
I have to stop you.
663
00:35:10,205 --> 00:35:13,674
Lawyers are trained
to make difficult decisions.
664
00:35:13,709 --> 00:35:16,577
You people, of all people,
make them daily.
665
00:35:16,611 --> 00:35:18,246
I've watched you do it
in my courtroom.
666
00:35:18,279 --> 00:35:20,648
Not with these kinds of stakes.
667
00:35:20,681 --> 00:35:23,251
Look, arguing his compassion
isn't going to fly.
668
00:35:23,284 --> 00:35:24,986
Do I get to give my closing?
669
00:35:25,020 --> 00:35:26,788
Yes, you do,
but I'm advising you
670
00:35:26,822 --> 00:35:28,656
not to whack us on the head
with emotion,
671
00:35:28,689 --> 00:35:32,093
especially since your client
says he'd do it all over again.
672
00:35:33,094 --> 00:35:35,296
He has a problem.
673
00:35:35,330 --> 00:35:37,733
You got the problem.
Jimmy.
674
00:35:37,766 --> 00:35:40,477
Since you don't want
to let Ellenor talk,
how about giving me a chance?
675
00:35:40,501 --> 00:35:43,104
I thought we
heard you clearly yesterday,
676
00:35:43,138 --> 00:35:47,142
but if you have more to say,
I'm sure we're all quite rapt.
677
00:35:48,643 --> 00:35:50,678
I've made a lot of mistakes,
678
00:35:50,712 --> 00:35:53,782
but telling those parents
to take their son to a hospital
679
00:35:53,815 --> 00:35:55,316
wasn't one of them.
680
00:35:55,350 --> 00:35:56,918
Yes, it was.
681
00:35:56,952 --> 00:35:59,755
You don't get to decide
when you follow the rules
682
00:35:59,788 --> 00:36:00,789
and when you won't.
683
00:36:00,822 --> 00:36:04,059
Otherwise, what kind of anarchy
would we have?
684
00:36:04,092 --> 00:36:08,063
If the rules are a lawyer
can't tell a boy or his family
685
00:36:08,096 --> 00:36:11,199
that he has a life-threatening
medical situation,
686
00:36:11,232 --> 00:36:14,002
an emergency that could
kill him any second,
687
00:36:14,035 --> 00:36:18,406
if the rules say don't tell,
you got a problem.
688
00:36:18,439 --> 00:36:20,208
You all have a problem.
689
00:36:20,241 --> 00:36:22,577
This system has a problem.
690
00:36:22,610 --> 00:36:25,914
I'm sorry.
Is it us on trial now?
691
00:36:25,947 --> 00:36:28,149
Maybe you should be.
692
00:36:28,183 --> 00:36:30,986
The adversarial process
stopped being about the truth
693
00:36:31,019 --> 00:36:32,153
a long time ago.
694
00:36:32,187 --> 00:36:34,255
The adversaries lie
to each other.
695
00:36:34,289 --> 00:36:37,859
We lie and tell
false truths every day,
696
00:36:37,893 --> 00:36:40,028
and you wonder why
nobody respects us?
697
00:36:41,029 --> 00:36:44,365
It started off being about
fairness and due process,
698
00:36:44,399 --> 00:36:46,702
and it's become about winning.
699
00:36:46,735 --> 00:36:50,138
And now we're to sit quiet
700
00:36:50,171 --> 00:36:53,742
while an innocent kid
has a time bomb in his head?
701
00:36:53,775 --> 00:36:57,045
We're duty-bound to let him die
out of privilege?
702
00:36:57,078 --> 00:36:59,514
And you expect the public
to admire our profession?
703
00:37:00,448 --> 00:37:02,718
A person who's honorable,
704
00:37:02,751 --> 00:37:04,319
a person with integrity,
705
00:37:04,352 --> 00:37:07,789
a person who believes
that a human life has sanctity
706
00:37:07,823 --> 00:37:10,892
doesn't let
an innocent child die.
707
00:37:12,894 --> 00:37:16,131
I said this yesterday
and I'll say it again.
708
00:37:16,164 --> 00:37:18,800
I will not be judged by you.
709
00:37:46,194 --> 00:37:47,929
Listen...
710
00:37:48,797 --> 00:37:51,066
I, uh, know I've been
stomping my foot
711
00:37:51,099 --> 00:37:53,201
with a lot
of righteous indignation,
712
00:37:54,269 --> 00:37:58,139
but, uh, Eugene was right
about one thing.
713
00:37:59,007 --> 00:38:00,341
I should have had the decency
714
00:38:00,375 --> 00:38:01,777
to quit before I...
715
00:38:02,744 --> 00:38:06,214
I just...
didn't think to do it.
716
00:38:07,282 --> 00:38:10,051
I'm sorry for putting
the firm at risk.
717
00:38:13,054 --> 00:38:14,189
Anyway...
718
00:38:17,558 --> 00:38:19,460
May I see you a moment
in private?
719
00:38:20,595 --> 00:38:22,864
I don't want to get into it
anymore with you.
720
00:38:22,898 --> 00:38:25,400
May I see you in private, Jimmy?
721
00:38:34,375 --> 00:38:35,643
The reason I, uh...
722
00:38:42,984 --> 00:38:44,185
My brother...
723
00:38:45,520 --> 00:38:47,222
He died in prison serving time
724
00:38:47,255 --> 00:38:48,824
for something he didn't do.
725
00:38:49,791 --> 00:38:51,827
The police coerced
a confession that...
726
00:38:55,063 --> 00:38:58,566
The police... they had
no regard for the system.
727
00:38:59,968 --> 00:39:01,302
And if the day comes
728
00:39:01,336 --> 00:39:03,839
that lawyers start
giving up their clients,
729
00:39:03,872 --> 00:39:05,841
giving up their secrets,
then the system has...
730
00:39:12,580 --> 00:39:15,383
I've put more murderers
back out there than I can count
731
00:39:15,416 --> 00:39:16,852
in the name of the system.
732
00:39:16,885 --> 00:39:19,788
I need to believe
in its legitimacy.
733
00:39:23,725 --> 00:39:25,060
I went home the other night...
734
00:39:26,427 --> 00:39:28,463
and I wanted to tell that family
735
00:39:28,496 --> 00:39:30,832
just like we all did, and, uh,
736
00:39:30,866 --> 00:39:33,869
I kept telling myself
I had no choice.
737
00:39:33,902 --> 00:39:36,404
The rules were clear,
I had no choice,
738
00:39:36,437 --> 00:39:37,973
and I was prepared
to let that boy die,
739
00:39:38,006 --> 00:39:39,307
but what you did...
740
00:39:40,575 --> 00:39:41,743
was point out...
741
00:39:43,144 --> 00:39:44,880
I had a choice.
742
00:39:48,817 --> 00:39:50,451
A choice you made that I...
743
00:39:51,552 --> 00:39:52,721
I didn't.
744
00:39:53,554 --> 00:39:54,856
I suppose, uh...
745
00:39:58,994 --> 00:39:59,995
You, uh...
746
00:40:01,730 --> 00:40:03,965
you did what you did
and was acting out of emotion.
747
00:40:04,966 --> 00:40:07,635
My doing what I did...
748
00:40:07,668 --> 00:40:09,670
Reporting you,
going outside of the family...
749
00:40:09,705 --> 00:40:11,740
I was acting on emotion as well.
750
00:40:14,475 --> 00:40:15,844
Anyway, I, uh...
751
00:40:18,714 --> 00:40:20,081
You're good with me.
752
00:40:22,951 --> 00:40:24,820
And I hope in time
I'll be good with you.
753
00:40:31,326 --> 00:40:32,566
They're back with their ruling.
754
00:40:48,676 --> 00:40:51,780
Mr. Berluti, you touched
on a number of themes
755
00:40:51,813 --> 00:40:53,381
that are very close to me.
756
00:40:53,414 --> 00:40:56,451
It's true, we no longer impose
757
00:40:56,484 --> 00:40:59,620
the burden on attorneys
to be honorable,
758
00:40:59,654 --> 00:41:02,758
and that's unfortunate,
if not disgraceful.
759
00:41:03,624 --> 00:41:05,293
But it's also true,
760
00:41:05,326 --> 00:41:07,062
which you know full well,
761
00:41:07,095 --> 00:41:10,098
legal ethics and morality
762
00:41:10,131 --> 00:41:12,633
are not only
two distinct concepts,
763
00:41:12,667 --> 00:41:15,636
they're quite often
mutually exclusive.
764
00:41:15,670 --> 00:41:20,308
And if lawyers
start letting personal morality
765
00:41:20,341 --> 00:41:22,177
be their compass,
766
00:41:22,210 --> 00:41:24,545
the system and all
the participants in it
767
00:41:24,579 --> 00:41:26,281
are collectively lost.
768
00:41:27,248 --> 00:41:31,186
So we carve out rules,
many of them quite strict.
769
00:41:31,219 --> 00:41:34,990
And the strictest,
perhaps the most paramount,
770
00:41:35,023 --> 00:41:37,625
goes to client trust.
771
00:41:37,658 --> 00:41:40,762
What a client tells his lawyer
772
00:41:40,796 --> 00:41:42,430
is sacrosanct.
773
00:41:42,463 --> 00:41:45,266
The attorney
doesn't get to decide
774
00:41:45,300 --> 00:41:48,503
when he'll honor the privilege
and when he won't.
775
00:41:49,270 --> 00:41:53,441
You broke that seal,
Mr. Berluti.
776
00:41:54,409 --> 00:41:56,277
The rule we hold most dear...
777
00:41:56,311 --> 00:41:57,779
You broke it,
778
00:41:57,813 --> 00:41:59,715
and your moral preaching aside,
779
00:41:59,748 --> 00:42:01,950
there's no excuse for it.
780
00:42:01,983 --> 00:42:02,984
None.
781
00:42:06,454 --> 00:42:09,057
That having been said,
782
00:42:09,090 --> 00:42:11,292
this board does have discretion
783
00:42:11,326 --> 00:42:12,861
as to what we do with you.
784
00:42:12,894 --> 00:42:15,731
We applied a very unscientific
test back there.
785
00:42:15,764 --> 00:42:17,132
We asked ourselves
786
00:42:17,165 --> 00:42:19,801
is the profession of law
better served
787
00:42:19,835 --> 00:42:23,571
with you in it or out of it?
788
00:42:25,907 --> 00:42:27,375
We decided...
789
00:42:27,408 --> 00:42:29,177
better to have you in it.
790
00:42:32,280 --> 00:42:34,649
You're suspended
for three weeks.
791
00:42:35,316 --> 00:42:36,818
We are adjourned.
792
00:42:49,064 --> 00:42:50,064
How about that?
793
00:42:51,967 --> 00:42:53,735
I survive.
794
00:42:56,004 --> 00:42:58,874
Come on, we've already blown
most of the day.
795
00:42:59,708 --> 00:43:01,042
Let's get back to work.
796
00:44:05,640 --> 00:44:06,875
You stinker!
58047
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