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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 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 --> 00:00:20,481 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 BOBBY: 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 --> 00:00:53,181 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 --> 00:01:34,823 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 00:01:48,603 --> 00:01:51,239 (music playing) 42 00:02:37,418 --> 00:02:39,988 GORDON: Your brother is older or younger? 43 00:02:40,021 --> 00:02:43,058 BOY: Well, I have two brothers. 44 00:02:43,091 --> 00:02:45,526 One's older-- that's Kenny. 45 00:02:45,560 --> 00:02:47,662 Then I also have a baby brother. 46 00:02:47,695 --> 00:02:49,164 His name is Justin. 47 00:02:49,197 --> 00:02:51,466 And the one that I go to school with is Kenny. 48 00:02:51,499 --> 00:02:52,600 (switches off) 49 00:02:57,538 --> 00:03:00,308 All set? Ready. Let's go. 50 00:03:03,478 --> 00:03:05,380 We'll call in, let you know. 51 00:03:05,413 --> 00:03:06,181 Good luck. 52 00:03:06,214 --> 00:03:08,917 So they didn't settle after all? 53 00:03:08,950 --> 00:03:11,286 The plaintiff came down to six, but that was it. 54 00:03:11,319 --> 00:03:14,189 Is this our new direction-- insurance defense? 55 00:03:14,222 --> 00:03:16,124 No, but civil law is something you all want to do, 56 00:03:16,157 --> 00:03:17,125 and this is a good in. 57 00:03:17,158 --> 00:03:19,394 Right now our civil profile is nonexistent. 58 00:03:19,427 --> 00:03:22,163 Which is unfortunate, because I'd love to buy a house. 59 00:03:22,197 --> 00:03:23,164 Me, too. 60 00:03:28,536 --> 00:03:32,173 I was walking home from school when I got to the corner. 61 00:03:32,207 --> 00:03:34,275 Pembleton and Columbus? 62 00:03:35,176 --> 00:03:38,546 Yes, and I waited till the sign said "walk." 63 00:03:38,579 --> 00:03:40,448 So I started to cross. 64 00:03:40,481 --> 00:03:41,850 Then I saw it. 65 00:03:41,883 --> 00:03:43,819 Saw what? The car. 66 00:03:43,852 --> 00:03:46,321 It was coming so fast. 67 00:03:46,354 --> 00:03:49,157 I turned to look, but it was too late. 68 00:03:49,190 --> 00:03:51,659 Before I could even move, it had hit me. 69 00:03:51,692 --> 00:03:54,796 Could you see who was driving the car? 70 00:03:54,830 --> 00:03:57,699 Only that it was a man, and he was wearing a suit, 71 00:03:57,733 --> 00:03:59,367 like a business suit. 72 00:03:59,400 --> 00:04:01,302 Did you see anything else? 73 00:04:01,336 --> 00:04:03,772 I saw he was looking down where a phone would be, 74 00:04:03,805 --> 00:04:05,774 and he wasn't looking at where he was driving. 75 00:04:05,807 --> 00:04:06,808 Objection. 76 00:04:06,842 --> 00:04:08,977 Overruled. It's his observation. 77 00:04:10,378 --> 00:04:12,781 Can you tell the jury about your injuries? 78 00:04:12,814 --> 00:04:15,450 I had broken ribs, 79 00:04:15,483 --> 00:04:16,952 my lungs was hurt, 80 00:04:16,985 --> 00:04:19,320 my arm was broken, 81 00:04:19,354 --> 00:04:21,089 my head was hurt, 82 00:04:21,122 --> 00:04:24,259 and a bone was broken in my shin. 83 00:04:24,292 --> 00:04:27,395 Have you had any other problems besides broken bones? 84 00:04:27,428 --> 00:04:28,930 I can't learn. 85 00:04:29,965 --> 00:04:31,532 You can't learn? 86 00:04:31,566 --> 00:04:34,936 I don't remember anything that they teach me at school. 87 00:04:36,237 --> 00:04:38,206 Could you before the accident? 88 00:04:38,239 --> 00:04:39,875 Yes. 89 00:04:39,908 --> 00:04:40,876 And you've talked to the doctors 90 00:04:40,909 --> 00:04:42,410 about these problems you've had learning. 91 00:04:42,443 --> 00:04:43,745 Yes. 92 00:04:43,779 --> 00:04:45,146 Did they tell you whether or not 93 00:04:45,180 --> 00:04:46,882 these problems would ever go away? 94 00:04:46,915 --> 00:04:49,050 They don't think they will. 95 00:04:50,051 --> 00:04:51,219 Thank you, Jason. 96 00:04:51,252 --> 00:04:53,288 Right now, another lawyer is going 97 00:04:53,321 --> 00:04:55,290 to ask you a few questions, okay? 98 00:04:55,323 --> 00:04:56,457 Okay. 99 00:05:04,365 --> 00:05:05,701 Hi, Jason. 100 00:05:05,734 --> 00:05:09,304 I'm Eugene Young, and as Ms. Turner said, 101 00:05:09,337 --> 00:05:11,306 I'll be asking you a few questions. 102 00:05:11,339 --> 00:05:13,574 If at any time you need a break, 103 00:05:13,608 --> 00:05:16,044 you just tell me, okay? Okay. 104 00:05:17,478 --> 00:05:21,249 First, let me say how sorry I am that you got hurt, 105 00:05:21,282 --> 00:05:22,650 and that I hope you get better. 106 00:05:22,683 --> 00:05:24,252 Thank you. 107 00:05:24,285 --> 00:05:27,823 You said you were walking home from school that day, right? 108 00:05:27,856 --> 00:05:29,690 Yes. At the corner, 109 00:05:29,725 --> 00:05:33,028 you said you waited for the sign to say "walk." 110 00:05:33,061 --> 00:05:34,495 I did. 111 00:05:34,529 --> 00:05:37,632 There was a witness, Jason-- a Mr. Anthony Walker. 112 00:05:37,665 --> 00:05:40,268 And he said upon hearing the impact, he looked up, 113 00:05:40,301 --> 00:05:42,037 and he said he noticed 114 00:05:42,070 --> 00:05:44,605 the light was flashing "don't walk." 115 00:05:44,639 --> 00:05:47,976 Well, it said "walk" when I started to walk. 116 00:05:48,009 --> 00:05:50,779 Sometimes it changes when you're halfway across. 117 00:05:50,812 --> 00:05:52,781 Were you halfway across? 118 00:05:56,451 --> 00:05:58,353 According to the police investigators, 119 00:05:58,386 --> 00:06:02,023 you got hit when you were about ten feet from the curb. 120 00:06:02,057 --> 00:06:04,425 So that would mean that the light changed to "walk," 121 00:06:04,459 --> 00:06:06,394 you walked ten feet, 122 00:06:06,427 --> 00:06:08,196 and then it changed to "don't walk." 123 00:06:08,229 --> 00:06:09,430 Is that what happened? 124 00:06:10,331 --> 00:06:11,599 I don't know. 125 00:06:11,632 --> 00:06:13,802 Is it possible that when you got to the curb, 126 00:06:13,835 --> 00:06:16,171 you looked up, saw "walk," then walked? 127 00:06:18,139 --> 00:06:19,607 That's what I said. 128 00:06:19,640 --> 00:06:22,077 Well, actually, you said 129 00:06:22,110 --> 00:06:24,212 you waited for it to change to "walk," 130 00:06:24,245 --> 00:06:25,613 and that's where I'm having difficulty. 131 00:06:25,646 --> 00:06:28,483 Now, if it had already been flashing "walk" 132 00:06:28,516 --> 00:06:29,818 when you arrived at the corner, 133 00:06:29,851 --> 00:06:32,487 then I can see how you might only get ten feet or so. 134 00:06:32,520 --> 00:06:35,791 Could it have already been on "walk" 135 00:06:35,824 --> 00:06:38,026 when you arrived at the corner, Jason? 136 00:06:39,660 --> 00:06:44,165 Maybe. All I know is that it said "walk," and I walked. 137 00:06:46,234 --> 00:06:48,469 You said after the accident, 138 00:06:48,503 --> 00:06:50,939 you've been having trouble remembering things, right? 139 00:06:50,972 --> 00:06:52,273 Yes. 140 00:06:54,075 --> 00:06:57,212 Jason, truthfully... 141 00:06:58,579 --> 00:07:02,117 ...do you have a little trouble remembering the accident itself? 142 00:07:06,187 --> 00:07:08,323 When you woke up after the accident, 143 00:07:08,356 --> 00:07:10,759 and the police asked you what happened, 144 00:07:10,792 --> 00:07:12,060 did you remember? 145 00:07:13,128 --> 00:07:14,562 Not right away. 146 00:07:15,430 --> 00:07:17,498 Well, how long after the accident 147 00:07:17,532 --> 00:07:19,467 did you start to remember? 148 00:07:22,971 --> 00:07:24,305 It took a long time. 149 00:07:42,123 --> 00:07:44,926 What, you're still expecting me to blink? 150 00:07:44,960 --> 00:07:48,463 Audrey, the boy's memory is suspect. 151 00:07:48,496 --> 00:07:50,631 No skid marks, Gordon, middle of the street. 152 00:07:50,665 --> 00:07:52,533 But if he dashed-- Nobody saw him dash, 153 00:07:52,567 --> 00:07:54,602 least of all your client, who was trying to place a call. 154 00:07:54,635 --> 00:07:56,938 The one and only witness saw "don't walk." 155 00:07:56,972 --> 00:07:59,440 How many times have we had this give and take? 156 00:07:59,474 --> 00:08:01,877 Many times, but I'm the only one who seems to be giving. 157 00:08:01,910 --> 00:08:03,845 You haven't-- Four-fifty for a boy 158 00:08:03,879 --> 00:08:05,981 with permanent learning disabilities. 159 00:08:06,014 --> 00:08:08,216 My doctors say it most likely isn't permanent. 160 00:08:08,249 --> 00:08:10,551 The truth is it'll be years before we know. 161 00:08:10,585 --> 00:08:14,790 I am putting an extra 200 on the table for it now, 162 00:08:14,823 --> 00:08:17,058 and all this assumes that you can make on liability, 163 00:08:17,092 --> 00:08:18,459 which is not a lock. 164 00:08:18,493 --> 00:08:20,729 I'm not taking 450. 165 00:08:22,798 --> 00:08:24,399 Why don't we split the difference and go home: 166 00:08:24,432 --> 00:08:25,967 Five and a quarter. Five-fifty. 167 00:08:26,001 --> 00:08:27,602 Five twenty-five. 168 00:08:27,635 --> 00:08:28,904 I know you've done the numbers. 169 00:08:28,937 --> 00:08:31,840 It's a good offer, and it's final. 170 00:08:34,609 --> 00:08:35,877 Yea or nay? 171 00:08:39,514 --> 00:08:41,416 I'll discuss it with the family. 172 00:08:51,526 --> 00:08:53,628 (door opens) How'd it go? 173 00:08:54,395 --> 00:08:55,764 Eugene was good. 174 00:08:55,797 --> 00:08:57,999 Gentle, but he caught some discrepancies. 175 00:08:58,033 --> 00:09:00,468 I don't think the boy really remembers the accident. 176 00:09:00,501 --> 00:09:01,469 Eight and a half at the time. 177 00:09:01,502 --> 00:09:03,238 Well, there's another offer out. 178 00:09:03,271 --> 00:09:04,740 The feeling is they'll grab it. 179 00:09:06,407 --> 00:09:07,408 Can I help you? 180 00:09:07,442 --> 00:09:10,912 Yes, I'm looking for Gordon Keene. 181 00:09:10,946 --> 00:09:12,247 I was told he might be here. 182 00:09:12,280 --> 00:09:15,150 No, we just left him. I think, uh... 183 00:09:15,183 --> 00:09:16,718 he's on his way home. 184 00:09:16,752 --> 00:09:18,319 I'm Dr. Harold Manning, 185 00:09:18,353 --> 00:09:21,456 Vice President of Medical Affairs for Brenford Mutual. 186 00:09:21,489 --> 00:09:24,292 This firm, I understand, is on the Jason Lees case. 187 00:09:24,325 --> 00:09:25,894 Yes. 188 00:09:26,862 --> 00:09:28,696 Could we go somewhere and talk? 189 00:09:31,800 --> 00:09:34,469 I've worked for Brenford Mutual for almost 20 years. 190 00:09:34,502 --> 00:09:36,471 I review files, medical histories, 191 00:09:36,504 --> 00:09:38,907 in part to be sure they're not being defrauded. 192 00:09:38,940 --> 00:09:41,009 You think the boy's injuries may be a fraud? 193 00:09:41,042 --> 00:09:43,211 No, certainly not. 194 00:09:43,244 --> 00:09:45,847 Everything listed in the complaint is real. 195 00:09:45,881 --> 00:09:47,783 It's what isn't listed. 196 00:09:48,683 --> 00:09:50,852 I'm not sure I follow, doctor. 197 00:09:50,886 --> 00:09:53,254 This afternoon, in preparing for the case, 198 00:09:53,288 --> 00:09:55,924 one of our staff physicians went back over the file 199 00:09:55,957 --> 00:09:57,759 along with all the X-rays. 200 00:09:57,793 --> 00:09:59,861 He saw something on the MRI-- 201 00:09:59,895 --> 00:10:02,497 a tiny marking at the base of the brain. 202 00:10:02,530 --> 00:10:04,032 He had me look at it. 203 00:10:04,065 --> 00:10:06,101 At first I assumed it was minor bleeding. 204 00:10:06,134 --> 00:10:08,569 We often see that in this kind of trauma. 205 00:10:08,603 --> 00:10:10,071 But I looked closer. 206 00:10:10,105 --> 00:10:12,307 You think it may be more serious? 207 00:10:12,340 --> 00:10:13,875 I'm certain it is. 208 00:10:13,909 --> 00:10:17,612 Mr. Lees has a dissecting aneurysm of the basilar artery. 209 00:10:20,648 --> 00:10:23,151 A small tear in the lining of the artery. 210 00:10:23,184 --> 00:10:26,187 In time, that tear will likely get progressively worse, 211 00:10:26,221 --> 00:10:28,757 until eventually, the wall of the vessel ruptures. 212 00:10:28,790 --> 00:10:30,525 What are the chances that'll happen? 213 00:10:30,558 --> 00:10:33,028 It will happen. The question is when. 214 00:10:33,061 --> 00:10:35,530 Maybe today, maybe ten years from now. 215 00:10:35,563 --> 00:10:38,399 Without immediate surgery to repair the damage, 216 00:10:38,433 --> 00:10:41,870 his life is at significant risk. 217 00:10:41,903 --> 00:10:43,271 Wait a second. 218 00:10:43,304 --> 00:10:46,207 Jason Lees has a team of treating physicians. 219 00:10:46,241 --> 00:10:47,976 I have to believe they're aware of this. 220 00:10:48,009 --> 00:10:49,110 If they were aware of this, 221 00:10:49,144 --> 00:10:50,611 the boy would have been rushed into surgery. 222 00:10:50,645 --> 00:10:52,347 His doctors obviously missed it. 223 00:10:52,380 --> 00:10:54,249 We missed it until today. 224 00:10:55,583 --> 00:10:57,719 Have you notified his family or his doctors? 225 00:10:57,753 --> 00:10:59,020 I can't. 226 00:10:59,054 --> 00:11:00,588 As an officer of the company, 227 00:11:00,621 --> 00:11:02,523 I have a fiduciary duty to Brenford Mutual. 228 00:11:02,557 --> 00:11:05,560 I cannot disclose if it's against their interest. 229 00:11:05,593 --> 00:11:07,695 So they don't even know. No, they don't. 230 00:11:07,729 --> 00:11:10,431 What about Gordon Keene? Does he know about this? 231 00:11:10,465 --> 00:11:12,167 No, that's why I've come looking for him. 232 00:11:12,200 --> 00:11:13,368 I couldn't get him on his cell. 233 00:11:13,401 --> 00:11:16,471 What you're telling us, doctor-- 234 00:11:16,504 --> 00:11:18,940 that boy's life is in immediate danger. 235 00:11:20,041 --> 00:11:22,177 That's exactly what I'm telling you. 236 00:11:35,791 --> 00:11:37,358 I just got off with Dr. Scanlon. 237 00:11:37,392 --> 00:11:39,160 He agrees-- aneurysm. 238 00:11:39,194 --> 00:11:41,696 Okay, whatever they counter tomorrow, 239 00:11:41,730 --> 00:11:43,064 we'll accept it. 240 00:11:43,098 --> 00:11:45,500 Then we'll get the settlement entered immediately. 241 00:11:45,533 --> 00:11:48,536 Tomorrow? That kid is in danger tonight. 242 00:11:48,569 --> 00:11:50,371 We can't get a settlement entered tonight, Jimmy. 243 00:11:50,405 --> 00:11:51,539 So what? 244 00:11:51,572 --> 00:11:53,308 Gordon-- I hear you, Bobby. 245 00:11:53,341 --> 00:11:56,611 But the client has instructed me to get the case settled. 246 00:11:56,644 --> 00:11:58,613 If that aneurysm bursts tonight, 247 00:11:58,646 --> 00:12:01,116 Brenford Mutual will be on the hook for ten times-- 248 00:12:01,149 --> 00:12:03,484 Well, they're willing to run the risk, evidently. 249 00:12:03,518 --> 00:12:05,553 I'm not. That's not your call. 250 00:12:05,586 --> 00:12:07,522 This is privileged. It's work product. 251 00:12:07,555 --> 00:12:10,058 We can't let a kid die. Come on. 252 00:12:10,091 --> 00:12:11,626 We are gonna settle this thing 253 00:12:11,659 --> 00:12:12,861 and then enter it. 254 00:12:12,894 --> 00:12:14,629 Then they'll just try to void it on fraud 255 00:12:14,662 --> 00:12:15,731 as soon as we tell them. 256 00:12:15,764 --> 00:12:17,165 Did you advise the client of that? 257 00:12:17,198 --> 00:12:18,333 I did. 258 00:12:18,366 --> 00:12:19,735 And? 259 00:12:20,702 --> 00:12:22,170 The client doesn't want us to tell 260 00:12:22,203 --> 00:12:24,339 even after the settlement. 261 00:12:34,215 --> 00:12:36,284 You got to be kidding me. 262 00:12:36,317 --> 00:12:37,585 Bobby... 263 00:12:38,553 --> 00:12:41,222 Brenford Mutual is hemorrhaging, 264 00:12:41,256 --> 00:12:42,858 if you'll pardon the terrible pun. 265 00:12:43,859 --> 00:12:46,762 If it gets out that that kid has an aneurysm, 266 00:12:46,795 --> 00:12:48,730 it's a multimillion-dollar verdict 267 00:12:48,764 --> 00:12:50,598 even if they're able to repair it. 268 00:12:50,631 --> 00:12:52,433 And if it should come out that we knew 269 00:12:52,467 --> 00:12:54,135 about that aneurysm and we didn't tell-- 270 00:12:55,203 --> 00:12:58,606 The public relations alone... That's sick. 271 00:12:58,639 --> 00:12:59,775 There's got to be a way around this. 272 00:12:59,808 --> 00:13:00,608 There isn't. 273 00:13:01,609 --> 00:13:03,311 The client has given us the instruction. 274 00:13:03,344 --> 00:13:07,983 We are ethically prohibited from revealing this information. 275 00:13:11,119 --> 00:13:14,455 Now, look, I don't like this any more than you do, but... 276 00:13:18,860 --> 00:13:20,395 I'll take it from here. 277 00:13:20,428 --> 00:13:22,798 I'll get this thing settled in the morning. 278 00:13:25,666 --> 00:13:26,835 Thanks. 279 00:13:29,871 --> 00:13:31,306 (door opens) 280 00:13:32,708 --> 00:13:33,674 (door closes) 281 00:13:33,709 --> 00:13:35,744 We're just going to sit on this? 282 00:13:37,012 --> 00:13:38,780 Lucy, get me Anderson Pearson. 283 00:13:46,021 --> 00:13:47,756 I'm afraid Gordon Keene is right. 284 00:13:47,789 --> 00:13:49,958 He can't be. If we know a client 285 00:13:49,991 --> 00:13:52,260 is about to cause serious bodily harm, 286 00:13:52,293 --> 00:13:53,995 we're allowed to tell. 287 00:13:54,029 --> 00:13:56,664 No. That is different from knowing somebody's medical condition 288 00:13:56,698 --> 00:13:57,999 as a part of work product. 289 00:13:58,033 --> 00:14:00,001 Why? why should it be any different? 290 00:14:00,035 --> 00:14:01,770 In both instances, we have knowledge 291 00:14:01,803 --> 00:14:03,504 somebody's about to get hurt. 292 00:14:03,538 --> 00:14:05,941 Perhaps that distinction is a ludicrous one, Bobby, 293 00:14:05,974 --> 00:14:08,143 but currently, the law makes that distinction. 294 00:14:08,176 --> 00:14:11,546 If you know your client is about to commit a crime 295 00:14:11,579 --> 00:14:14,382 and cause bodily injury, you are permitted to tell. 296 00:14:14,415 --> 00:14:17,052 But a medical condition in a civil matter-- 297 00:14:17,085 --> 00:14:18,619 unless you get the client's permission, 298 00:14:18,653 --> 00:14:19,955 you are frozen. 299 00:14:22,858 --> 00:14:24,726 Can't you get the client to move on this? 300 00:14:24,760 --> 00:14:25,827 No. 301 00:14:31,632 --> 00:14:33,668 All I can think of-- after we settle the case, 302 00:14:33,702 --> 00:14:35,536 the client might be less panicked. 303 00:14:35,570 --> 00:14:37,973 Maybe then we can convince them to tell. 304 00:14:38,006 --> 00:14:40,208 But as Keene said, the risk there is so great. 305 00:14:40,241 --> 00:14:42,010 Well, I can't think of anything else, can you? 306 00:14:43,779 --> 00:14:45,280 Jimmy? 307 00:14:49,117 --> 00:14:50,752 Jimmy? Any ideas? 308 00:14:51,486 --> 00:14:52,821 No. 309 00:14:54,823 --> 00:14:56,691 (sighs) Where are you in the trial? 310 00:14:56,725 --> 00:14:58,493 Well, it's obviously going to settle now. 311 00:14:58,526 --> 00:15:00,328 But if for some reason it doesn't, 312 00:15:00,361 --> 00:15:02,063 are you ready with your closing, Jimmy? 313 00:15:03,464 --> 00:15:04,299 Jimmy! 314 00:15:04,332 --> 00:15:06,702 Is your closing ready? 315 00:15:07,903 --> 00:15:10,238 I was gonna head back to work on it now. 316 00:15:10,271 --> 00:15:11,873 I don't think we'd get there tomorrow, but-- 317 00:15:11,907 --> 00:15:13,709 You've got to stay focused. 318 00:15:13,742 --> 00:15:16,077 I'll be ready, if need be. 319 00:15:51,713 --> 00:15:53,414 GORDON (on tape): Any sisters? 320 00:15:53,448 --> 00:15:56,785 No sisters. Just me and my two brothers. 321 00:15:56,818 --> 00:15:58,920 My parents wanted a girl when they had me. 322 00:15:58,954 --> 00:16:01,890 At least that's what my older brother tells me. 323 00:16:01,923 --> 00:16:03,624 He says that to punk me. 324 00:16:03,658 --> 00:16:05,093 He punks me all the time. 325 00:16:55,243 --> 00:16:56,878 (rings doorbell) 326 00:17:04,419 --> 00:17:06,321 Mr. Lees, my name is James Berluti. 327 00:17:06,354 --> 00:17:09,090 I'm one of the lawyers representing Branford Mutual. 328 00:17:09,124 --> 00:17:10,558 Yeah, I recognize you. 329 00:17:10,591 --> 00:17:12,693 I'm sorry to bother you this late. 330 00:17:13,594 --> 00:17:14,796 Your son... 331 00:17:19,134 --> 00:17:22,170 your son has an aneurysm at the base of his skull. 332 00:17:23,238 --> 00:17:24,873 What? 333 00:17:24,906 --> 00:17:26,908 Our doctors reviewed his MRI today. 334 00:17:26,942 --> 00:17:29,477 I've called an ambulance. It's on the way. 335 00:17:31,079 --> 00:17:32,247 There's been a misdiagnosis. 336 00:17:32,280 --> 00:17:34,049 Your son could be in danger. 337 00:17:36,384 --> 00:17:38,519 We need to get him to a hospital. 338 00:17:38,553 --> 00:17:39,520 Where is he now? 339 00:17:39,554 --> 00:17:41,389 He's in bed. 340 00:17:41,422 --> 00:17:42,891 You need to get him up. 341 00:17:42,924 --> 00:17:45,126 (siren approaching) 342 00:17:45,160 --> 00:17:48,663 Mr. Lees, you need to get your son out of bed. 343 00:17:50,932 --> 00:17:52,000 MEDIC: You got him? 344 00:17:52,033 --> 00:17:54,035 (indistinct radio chatter) 345 00:17:54,069 --> 00:17:55,503 It's just a precaution, sweetheart. 346 00:17:55,536 --> 00:17:56,705 You're gonna be fine. 347 00:17:56,738 --> 00:17:58,039 You're gonna be fine. 348 00:18:14,355 --> 00:18:15,423 Jimmy. 349 00:18:17,525 --> 00:18:19,394 Dr. Manning was right. 350 00:18:19,427 --> 00:18:21,262 The boy went into surgery a couple hours ago. 351 00:18:21,296 --> 00:18:23,799 Well, did-- did anything happen? 352 00:18:23,832 --> 00:18:24,800 No. 353 00:18:25,901 --> 00:18:27,135 I told them. 354 00:18:28,336 --> 00:18:29,637 You told them? 355 00:18:39,447 --> 00:18:40,916 Jimmy informed the parents. 356 00:18:40,949 --> 00:18:42,450 The boy is in surgery. 357 00:18:43,752 --> 00:18:45,320 Are you out of your mind? 358 00:18:45,353 --> 00:18:48,289 Yeah, I am. 359 00:18:48,323 --> 00:18:50,726 And you can go tell your client, Mr. Keene, 360 00:18:50,759 --> 00:18:52,961 if they want to report me to the Bar, go ahead. 361 00:18:52,994 --> 00:18:55,864 But like you said, the negative publicity will destroy them, 362 00:18:55,897 --> 00:18:58,199 and I'll make plenty of noise, trust me. 363 00:18:58,233 --> 00:19:00,969 Is that all you thought about, Jimmy, being disbarred? 364 00:19:01,002 --> 00:19:02,838 You personally and your firm 365 00:19:02,871 --> 00:19:04,706 will be on the hook for any damage award 366 00:19:04,740 --> 00:19:06,708 above $550,000, you think about that? 367 00:19:06,742 --> 00:19:09,410 I wasn't gonna let that kid die. 368 00:19:18,086 --> 00:19:19,687 We removed the aneurysm, 369 00:19:19,721 --> 00:19:21,489 clipped it without complications. 370 00:19:21,522 --> 00:19:22,657 He's gonna be fine. 371 00:19:26,227 --> 00:19:27,495 (crying) 372 00:19:42,711 --> 00:19:44,645 Could they tell whether it was about to burst or not? 373 00:19:44,679 --> 00:19:46,414 Not really, but it was dangerous enough 374 00:19:46,447 --> 00:19:48,183 that they had to operate right away. 375 00:19:48,216 --> 00:19:49,584 Was there any bleeding in the brain? 376 00:19:49,617 --> 00:19:51,486 No, because it never ruptured. They clipped it. 377 00:19:51,519 --> 00:19:53,688 (phone ringing) I take it the case isn't about to settle now. 378 00:19:53,722 --> 00:19:55,123 Oh, no. 379 00:19:55,156 --> 00:19:57,225 And... we were fired. 380 00:19:57,959 --> 00:19:58,860 Sorry. 381 00:19:58,894 --> 00:20:00,161 I'm proud of you, Jimmy. 382 00:20:01,429 --> 00:20:02,630 I'll probably never get my house now, 383 00:20:02,663 --> 00:20:04,499 but I'm proud of you. 384 00:20:04,532 --> 00:20:05,834 Me, too. 385 00:20:05,867 --> 00:20:09,270 Jimmy, that was the Board of Bar Overseers. 386 00:20:10,071 --> 00:20:12,874 You've been summoned to appear today at 1:00. 387 00:20:12,908 --> 00:20:14,075 BOBBY: What? 388 00:20:15,376 --> 00:20:16,745 They actually reported me. 389 00:20:16,778 --> 00:20:17,979 I didn't think they'd dare. 390 00:20:20,749 --> 00:20:23,051 Brenford Mutual didn't report you. 391 00:20:24,886 --> 00:20:26,354 Who, then? Keene? 392 00:20:28,456 --> 00:20:29,690 I reported you, Jimmy. 393 00:20:32,160 --> 00:20:33,394 What? 394 00:20:35,196 --> 00:20:37,165 Under the Canon of Legal Ethics, 395 00:20:37,198 --> 00:20:38,599 I had a duty to report you. 396 00:20:39,701 --> 00:20:41,402 And if I had a vote, 397 00:20:41,436 --> 00:20:43,504 I'd recommend you be disbarred. 398 00:21:09,164 --> 00:21:10,732 (door opens) 399 00:21:14,269 --> 00:21:16,137 They're calling him in at 1:00. 400 00:21:16,972 --> 00:21:18,539 I heard. 401 00:21:23,011 --> 00:21:25,280 Why didn't you check with me first? 402 00:21:25,914 --> 00:21:27,148 Did Jimmy check with you 403 00:21:27,182 --> 00:21:28,950 before breaking the client's privilege? 404 00:21:28,984 --> 00:21:31,853 You revealed a pretty big secret yourself, Eugene. 405 00:21:31,887 --> 00:21:34,655 Jimmy just told the parents that the kid was sick. 406 00:21:34,689 --> 00:21:36,457 By reporting him to the Bar, 407 00:21:36,491 --> 00:21:40,428 you revealed that it was the client's intent not to tell, 408 00:21:40,461 --> 00:21:42,964 and the publicity of that may be what brings them down. 409 00:21:42,998 --> 00:21:43,965 Did you consider that? 410 00:21:43,999 --> 00:21:47,468 I considered this-- Jimmy should go. 411 00:21:49,771 --> 00:21:51,372 I like him, but-- 412 00:21:51,406 --> 00:21:53,541 Actually, right now I'm not even sure I do. 413 00:21:54,609 --> 00:21:56,577 He put us all at risk, Bobby. 414 00:21:56,611 --> 00:21:59,547 To flex his conscience, he jeopardized this entire firm, 415 00:21:59,580 --> 00:22:02,083 same as he did when he stole client funds 416 00:22:02,117 --> 00:22:03,318 to pay off his gambling debt. 417 00:22:03,351 --> 00:22:05,320 You should have come to me before-- 418 00:22:05,353 --> 00:22:09,290 You... would have done nothing. 419 00:22:12,728 --> 00:22:15,030 You're a nice guy. 420 00:22:15,063 --> 00:22:17,498 You would have let it ride because Jimmy's a nice guy. 421 00:22:17,532 --> 00:22:18,934 He would have cried, "I'm sorry, 422 00:22:18,967 --> 00:22:20,635 it won't happen again," and you would have bought it. 423 00:22:20,668 --> 00:22:22,237 Well, I'm not buying it anymore. 424 00:22:22,270 --> 00:22:24,472 I'm not letting him take me down and everybody else. 425 00:22:24,505 --> 00:22:26,107 Enough is enough. 426 00:22:26,141 --> 00:22:29,177 He has to face the consequences. 427 00:22:30,946 --> 00:22:32,547 I don't set a lot of rules here. 428 00:22:35,383 --> 00:22:36,818 But we don't turn on each other. 429 00:22:36,852 --> 00:22:38,053 I didn't turn on him. 430 00:22:38,086 --> 00:22:40,088 He turned on us with what he did. 431 00:22:40,121 --> 00:22:41,556 He put us all at risk. 432 00:22:41,589 --> 00:22:43,759 By my reporting him, I protected the firm, so-- 433 00:22:43,792 --> 00:22:45,693 Oh, so you were protecting us. Damn right. 434 00:22:45,727 --> 00:22:47,595 Then why not be open about it? 435 00:22:47,628 --> 00:22:48,797 Why not come to me before-- 436 00:22:48,830 --> 00:22:50,031 Because you would have protected him 437 00:22:50,065 --> 00:22:51,532 and put the firm at risk, too. 438 00:22:51,566 --> 00:22:54,102 Then aren't we all lucky 439 00:22:54,135 --> 00:22:56,171 to have you to look out for us. 440 00:22:58,039 --> 00:23:00,308 Imagine how safe you make us feel. 441 00:23:01,509 --> 00:23:03,211 You taking his side, Bobby? 442 00:23:03,244 --> 00:23:05,113 What he did was wrong. 443 00:23:06,748 --> 00:23:08,449 But I don't like what you did, either. 444 00:23:10,952 --> 00:23:13,521 And if you think you did it the way you did to protect us... 445 00:23:15,991 --> 00:23:17,759 ...then you're lying to yourself. 446 00:23:26,101 --> 00:23:28,603 Obviously, we were still processing 447 00:23:28,636 --> 00:23:31,672 the new information and trying to decide what to do. 448 00:23:31,707 --> 00:23:36,211 It was an extremely agonizing decision for all involved. 449 00:23:36,244 --> 00:23:38,013 As you left it with Mr. Berluti, 450 00:23:38,046 --> 00:23:39,347 the client's decision 451 00:23:39,380 --> 00:23:41,282 was not to reveal the boy's condition. 452 00:23:41,316 --> 00:23:42,818 There was nothing to be accomplished 453 00:23:42,851 --> 00:23:44,085 in the course of the night, 454 00:23:44,119 --> 00:23:46,254 so general counsel at Brenford Mutual-- 455 00:23:46,287 --> 00:23:49,925 Mr. Keene, we'll be here all day if you choose to dance. 456 00:23:50,491 --> 00:23:51,692 I know you're trying to serve 457 00:23:51,727 --> 00:23:54,429 the public reputation of Brenford Mutual, 458 00:23:54,462 --> 00:23:57,265 but that's not what this hearing is about. 459 00:23:57,298 --> 00:23:58,700 Yes, Your Honor. 460 00:23:58,734 --> 00:24:01,202 Mr. Young has reported to us 461 00:24:01,236 --> 00:24:03,538 that the client's unequivocal instruction 462 00:24:03,571 --> 00:24:05,907 was for the attorneys not to reveal 463 00:24:05,941 --> 00:24:07,542 what the client had told them 464 00:24:07,575 --> 00:24:10,411 about Jason Lees' medical condition. 465 00:24:10,445 --> 00:24:11,780 Is that true, sir? 466 00:24:11,813 --> 00:24:13,882 Personally, I believe that that decision 467 00:24:13,915 --> 00:24:15,250 was subject to change. 468 00:24:15,283 --> 00:24:17,853 Answer my question, Mr. Keene. 469 00:24:19,020 --> 00:24:20,856 Yes. 470 00:24:20,889 --> 00:24:24,392 At the time that Mr. Berluti chose to tell them, 471 00:24:24,425 --> 00:24:27,128 the client's wishes were that he not do so. 472 00:24:28,329 --> 00:24:29,865 And from your observation, 473 00:24:29,898 --> 00:24:32,267 Mr. Berluti was aware of the client's wishes. 474 00:24:32,300 --> 00:24:35,403 We were all acutely aware, yes. 475 00:24:38,273 --> 00:24:40,175 Okay, we'll take a short break, 476 00:24:40,208 --> 00:24:42,077 then resume with Mr. Berluti. 477 00:24:51,753 --> 00:24:53,221 Okay, my opinion-- 478 00:24:53,254 --> 00:24:54,489 We just go with straight emotion. 479 00:24:54,522 --> 00:24:56,624 All of this happened so fast. 480 00:24:56,657 --> 00:24:58,159 You certainly did the humane thing. 481 00:24:58,193 --> 00:25:00,829 Basically, you went on autopilot, Jimmy. 482 00:25:00,862 --> 00:25:02,964 BOBBY: I agree. You're dead on the law, 483 00:25:02,998 --> 00:25:04,933 and Hiller-- we know how she is. 484 00:25:04,966 --> 00:25:07,335 Just tell them you blew it. Show some remorse. 485 00:25:07,368 --> 00:25:09,037 They can't be without compassion. 486 00:25:10,605 --> 00:25:11,707 Okay. 487 00:25:12,841 --> 00:25:14,209 Jimmy? 488 00:25:15,676 --> 00:25:16,845 Are you okay? 489 00:25:17,846 --> 00:25:19,014 I'm fine. 490 00:25:30,992 --> 00:25:32,794 Is the hearing going on now? 491 00:25:32,828 --> 00:25:34,830 We're on a break. 492 00:25:36,031 --> 00:25:37,733 But it's a closed session, Mr. Lees. 493 00:25:37,766 --> 00:25:39,567 You can't go in. 494 00:25:41,102 --> 00:25:42,503 Where's Mr. Berluti? 495 00:25:43,972 --> 00:25:46,207 He's, uh, meeting with his lawyers. 496 00:25:48,977 --> 00:25:50,078 How's your son? 497 00:25:50,846 --> 00:25:52,180 Do you care, Mr. Young? 498 00:25:55,550 --> 00:25:57,919 Look, Mr. Lees, please try to understand. 499 00:26:00,621 --> 00:26:02,891 In the legal profession, 500 00:26:02,924 --> 00:26:04,392 there's a certain code... 501 00:26:07,262 --> 00:26:08,596 ...that we have to live with. 502 00:26:09,798 --> 00:26:11,900 Then you live with it, Mr. Young. 503 00:26:13,101 --> 00:26:14,469 You live with it. 504 00:26:21,176 --> 00:26:24,679 I think, you know, emotion got the better of me. 505 00:26:24,713 --> 00:26:26,214 I kind of snapped. 506 00:26:26,247 --> 00:26:27,448 You kind of snapped. 507 00:26:27,482 --> 00:26:28,717 Like insanity? 508 00:26:28,750 --> 00:26:31,820 No, no. I knew what I was doing, 509 00:26:31,853 --> 00:26:35,023 and I admit what I did was wrong. 510 00:26:35,056 --> 00:26:37,058 But, uh, let's not forget 511 00:26:37,092 --> 00:26:38,927 a life was maybe saved. 512 00:26:38,960 --> 00:26:40,929 That boy could have died. 513 00:26:40,962 --> 00:26:42,831 I'm a little confused. 514 00:26:42,864 --> 00:26:44,966 You say you admit what you did was wrong, 515 00:26:45,000 --> 00:26:46,802 then you go on to defend it. 516 00:26:46,835 --> 00:26:48,970 Do you think it was wrong or don't you? 517 00:26:49,004 --> 00:26:52,307 Well, I knew it was wrong under the law, 518 00:26:52,340 --> 00:26:55,643 but on a human level, I guess I feel justified. 519 00:26:55,676 --> 00:26:59,380 So you chose to commit a knowing violation of the law 520 00:26:59,414 --> 00:27:01,883 because you disagreed with that law? 521 00:27:03,051 --> 00:27:04,886 It was a very emotional night. 522 00:27:04,920 --> 00:27:08,456 So absent that emotion, as you sit here today, 523 00:27:08,489 --> 00:27:11,559 if you had it to do all over again, 524 00:27:11,592 --> 00:27:13,862 your reflective choice would be 525 00:27:13,895 --> 00:27:16,297 to preserve the client's secret. 526 00:27:16,331 --> 00:27:18,233 You wouldn't tell the parents. 527 00:27:19,467 --> 00:27:21,703 Do I state it correctly, Mr. Berluti? 528 00:27:28,844 --> 00:27:30,678 Mr. Berluti? 529 00:27:30,712 --> 00:27:32,480 Do I state it correctly? 530 00:27:38,720 --> 00:27:41,422 No, you do not, Your Honor. 531 00:27:41,456 --> 00:27:43,324 If I had to do it all over again, 532 00:27:43,358 --> 00:27:45,560 I'd do exactly the same thing. 533 00:27:45,593 --> 00:27:47,628 I wouldn't let that kid die. 534 00:27:47,662 --> 00:27:48,629 Would you? 535 00:27:48,663 --> 00:27:51,733 I wouldn't even ask myself the question, sir. 536 00:27:51,767 --> 00:27:53,735 We don't consult our personal feelings 537 00:27:53,769 --> 00:27:56,004 on a case-by-case basis. 538 00:27:56,037 --> 00:27:58,707 As officers of the court, we abide by the law, 539 00:27:58,740 --> 00:28:01,576 and under the law, there is no real question here. 540 00:28:01,609 --> 00:28:02,911 With all due respect, Your Honor, 541 00:28:02,944 --> 00:28:04,445 if you feel that way, then-- 542 00:28:04,479 --> 00:28:07,248 It's not up to us to feel. That's what-- 543 00:28:07,282 --> 00:28:08,917 But we do. 544 00:28:08,950 --> 00:28:12,653 Whether the law says we can or not, we feel. 545 00:28:12,687 --> 00:28:14,455 And if you can be that cold about it, 546 00:28:14,489 --> 00:28:16,157 I don't care how good a judge you are, 547 00:28:16,191 --> 00:28:17,993 you're not my idea of a human being. 548 00:28:18,026 --> 00:28:19,895 Jimmy-- No, I don't care. 549 00:28:19,928 --> 00:28:21,863 I won't be judged by the three of you. 550 00:28:23,098 --> 00:28:24,933 I won't be judged by you. 551 00:28:28,937 --> 00:28:31,272 If we're a society of laws, 552 00:28:31,306 --> 00:28:34,509 if we're a society that says let that kid die, 553 00:28:34,542 --> 00:28:36,912 then the society needs adjusting. 554 00:28:36,945 --> 00:28:38,613 So we should let every lawyer act 555 00:28:38,646 --> 00:28:40,148 according to his or her own conscience 556 00:28:40,181 --> 00:28:42,083 with no regard for what the rules mandate. 557 00:28:42,117 --> 00:28:44,720 The rules should have regard for a conscience. 558 00:28:44,753 --> 00:28:46,187 Yours? 559 00:28:46,221 --> 00:28:48,689 Mr. Young's conscience might tell him to preserve 560 00:28:48,724 --> 00:28:50,558 the trusted confidence of a client. 561 00:28:50,591 --> 00:28:53,628 Mr. Young doesn't act out of conscience. 562 00:28:53,661 --> 00:28:55,696 Pick another example. 563 00:28:55,731 --> 00:28:57,632 I think we understand your position. 564 00:28:57,665 --> 00:29:00,736 You don't believe what you did is wrong, 565 00:29:00,769 --> 00:29:02,838 and faced with the same choices, 566 00:29:02,871 --> 00:29:04,472 you'd do the same thing over again. 567 00:29:05,874 --> 00:29:07,442 Yes. 568 00:29:09,811 --> 00:29:11,913 Okay, I think we're done. 569 00:29:23,992 --> 00:29:25,226 How'd it go? 570 00:29:25,260 --> 00:29:26,427 Not well. 571 00:29:26,461 --> 00:29:27,628 Did they rule? 572 00:29:27,662 --> 00:29:29,264 Under advisement. 573 00:29:29,297 --> 00:29:32,567 ELLENOR: Okay, thank you. I appreciate it. 574 00:29:32,600 --> 00:29:34,569 They're willing to let me make a brief summation 575 00:29:34,602 --> 00:29:37,806 before they decide, so I'm gonna get to work on it. 576 00:29:38,740 --> 00:29:39,841 I don't have a conscience? 577 00:29:39,875 --> 00:29:42,778 No, Eugene, you don't. 578 00:29:42,811 --> 00:29:44,412 BOBBY: All right. 579 00:29:44,445 --> 00:29:46,214 It's all too easy for you. Jimmy. 580 00:29:46,247 --> 00:29:48,917 What'd you do last night, go home, flick on a ball game? 581 00:29:48,950 --> 00:29:50,318 EUGENE: You did the easy thing, Jimmy. 582 00:29:50,351 --> 00:29:51,252 BOBBY: I don't want to hear any of this. 583 00:29:51,286 --> 00:29:52,453 Well, I want to say it. 584 00:29:53,654 --> 00:29:56,657 We all wanted to tell. Of course we did, 585 00:29:56,691 --> 00:29:58,293 but we were bound by ethical duties-- 586 00:29:58,326 --> 00:29:59,928 duties we swore to uphold even when-- 587 00:29:59,961 --> 00:30:02,864 Tell me about ethics. You-- I am telling you. 588 00:30:02,898 --> 00:30:06,067 You falsified loan documents. You got fired from a bank. 589 00:30:06,101 --> 00:30:07,502 That's how you got hired here in the first place. 590 00:30:07,535 --> 00:30:08,904 Old news. A month ago, 591 00:30:08,937 --> 00:30:11,072 you stole from a client to pay off your bookie. 592 00:30:11,106 --> 00:30:12,941 I damn well will tell you about ethics. 593 00:30:12,974 --> 00:30:13,775 You're a thief. 594 00:30:16,344 --> 00:30:19,314 And last night, you forked over a client. 595 00:30:19,347 --> 00:30:21,016 Was it a popular thing to do? 596 00:30:21,049 --> 00:30:23,418 I'm sure, yes, they'll probably give you a medal for it, 597 00:30:23,451 --> 00:30:25,520 but it's not what we do. 598 00:30:26,287 --> 00:30:27,723 Not to the client. 599 00:30:27,756 --> 00:30:29,057 And as lawyers, Jimmy, 600 00:30:29,090 --> 00:30:32,327 we owe them our trust-- our trust! 601 00:30:32,360 --> 00:30:33,895 You're not trustworthy. 602 00:30:33,929 --> 00:30:37,298 You put no premium on what it means to be a lawyer. 603 00:30:37,332 --> 00:30:38,934 You disgraced everybody here, 604 00:30:38,967 --> 00:30:40,235 and you may have put us all 605 00:30:40,268 --> 00:30:43,404 out of business in the process. 606 00:30:43,438 --> 00:30:44,906 You want to call yourself a friend, Jimmy? 607 00:30:47,242 --> 00:30:48,409 You're not my friend. 608 00:30:55,316 --> 00:30:56,517 You done? 609 00:30:59,320 --> 00:31:02,724 How convenient for you I'm a gambling addict 610 00:31:02,758 --> 00:31:05,026 or that I stole that money. 611 00:31:05,060 --> 00:31:07,095 Makes it so easy for you to conclude 612 00:31:07,128 --> 00:31:09,931 you got some moral superiority going. 613 00:31:09,965 --> 00:31:11,432 You're more ethical, so, hey, 614 00:31:11,466 --> 00:31:13,568 you must be right on this, huh, Eugene? 615 00:31:14,535 --> 00:31:16,604 But you're not right. 616 00:31:16,637 --> 00:31:19,240 You would have let that kid's head explode. 617 00:31:19,274 --> 00:31:20,742 You're not right. 618 00:31:21,877 --> 00:31:23,311 And going behind my back-- 619 00:31:24,913 --> 00:31:26,314 Well, I guess that makes you... 620 00:31:27,282 --> 00:31:28,449 ...friend. 621 00:31:32,821 --> 00:31:34,489 Why didn't you resign, Jimmy? 622 00:31:36,792 --> 00:31:38,626 You're about to go blow a confidence, 623 00:31:38,659 --> 00:31:40,261 put the firm at risk 624 00:31:40,295 --> 00:31:43,198 for a million-dollar malpractice claim, minimum. 625 00:31:44,299 --> 00:31:46,702 Why not quit first to protect us? 626 00:31:47,869 --> 00:31:49,570 Your conscience ever give that a thought? 627 00:31:53,041 --> 00:31:54,976 Nope. 628 00:31:55,010 --> 00:31:56,244 But I'll tell you this-- 629 00:31:57,445 --> 00:31:58,780 I quit now. 630 00:32:21,269 --> 00:32:25,140 ...one man who scored 189 career touchdowns... 631 00:32:25,173 --> 00:32:26,775 (knock on door) 632 00:32:26,808 --> 00:32:28,710 ...his high-powered offense, and y'all won't believe-- 633 00:32:28,744 --> 00:32:29,845 (switches off) 634 00:32:41,156 --> 00:32:42,724 I don't want you to quit. 635 00:32:44,259 --> 00:32:45,961 I know you don't, Bobby, but-- 636 00:32:45,994 --> 00:32:48,096 This was an extreme situation. 637 00:32:50,131 --> 00:32:52,768 For my money, you took us all off the hook. 638 00:32:55,603 --> 00:32:57,038 We all want you back. 639 00:32:58,306 --> 00:32:59,808 It kinda begs the question of whether 640 00:32:59,841 --> 00:33:02,177 I even get to practice law. 641 00:33:02,210 --> 00:33:04,780 Ellenor's been working all night on her statement. 642 00:33:04,813 --> 00:33:06,581 Let's not sell her short. 643 00:33:08,649 --> 00:33:11,753 You people have been so good to me, Bobby. 644 00:33:13,488 --> 00:33:16,624 I know I haven't lived up to... 645 00:33:17,625 --> 00:33:19,260 You really believe that? 646 00:33:20,028 --> 00:33:23,765 Overall, I've been a liability. 647 00:33:26,001 --> 00:33:28,970 You still think of yourself as Jimmy the Grunt? 648 00:33:29,004 --> 00:33:30,538 Do you ever stop to consider 649 00:33:30,571 --> 00:33:32,640 what a great trial lawyer you've become? 650 00:33:32,673 --> 00:33:34,342 Did you pause for a second 651 00:33:34,375 --> 00:33:37,478 to wonder why Brenford Mutual hired you here? 652 00:33:39,414 --> 00:33:41,649 You've become a gifted trial lawyer. 653 00:33:43,184 --> 00:33:44,786 Now you tell me. 654 00:33:44,820 --> 00:33:46,221 As it's all about to end. 655 00:33:47,022 --> 00:33:48,323 Suppose it doesn't end. 656 00:33:50,926 --> 00:33:52,293 Will you come back? 657 00:33:54,529 --> 00:33:56,164 Of course I don't want to leave. 658 00:34:07,642 --> 00:34:08,977 Working pretty late. 659 00:34:10,478 --> 00:34:12,547 Just hanging out with all my friends. 660 00:34:14,549 --> 00:34:16,584 You don't think we're your friends now, Eugene? 661 00:34:17,919 --> 00:34:20,021 I don't know, Rebecca. 662 00:34:20,055 --> 00:34:23,258 I just see and hear you all cheering for Jimmy. 663 00:34:24,459 --> 00:34:26,127 Eugene, we're standing by him 664 00:34:26,161 --> 00:34:28,263 not because we necessarily agree with him, 665 00:34:28,296 --> 00:34:30,165 but because he's family. 666 00:34:33,268 --> 00:34:35,771 You went outside of the family on this one. 667 00:34:38,740 --> 00:34:42,043 It was the right thing to do. 668 00:34:48,149 --> 00:34:49,550 Clearly, you think that. 669 00:34:57,692 --> 00:35:00,796 The circumstances were extremely exigent-- 670 00:35:00,829 --> 00:35:03,198 a human life hanging in the balance. 671 00:35:03,231 --> 00:35:05,500 Nobody could presume to know the vise 672 00:35:05,533 --> 00:35:07,535 Jimmy Berluti was in two nights ago. 673 00:35:07,568 --> 00:35:10,171 Ms. Frutt, I'm sorry. I have to stop you. 674 00:35:10,205 --> 00:35:13,674 Lawyers are trained to make difficult decisions. 675 00:35:13,709 --> 00:35:16,577 You people, of all people, make them daily. 676 00:35:16,611 --> 00:35:18,246 I've watched you do it in my courtroom. 677 00:35:18,279 --> 00:35:20,648 Not with these kinds of stakes. 678 00:35:20,681 --> 00:35:23,251 Look, arguing his compassion isn't going to fly. 679 00:35:23,284 --> 00:35:24,986 Do I get to give my closing? 680 00:35:25,020 --> 00:35:26,788 Yes, you do, but I'm advising you 681 00:35:26,822 --> 00:35:28,656 not to whack us on the head with emotion, 682 00:35:28,689 --> 00:35:32,093 especially since your client says he'd do it all over again. 683 00:35:33,094 --> 00:35:35,296 He has a problem. 684 00:35:35,330 --> 00:35:37,733 You got the problem. Jimmy. 685 00:35:37,766 --> 00:35:40,468 Since you don't want to let Ellenor talk, how about giving me a chance? 686 00:35:40,501 --> 00:35:43,104 HILLER: I thought we heard you clearly yesterday, 687 00:35:43,138 --> 00:35:47,142 but if you have more to say, I'm sure we're all quite rapt. 688 00:35:48,643 --> 00:35:50,678 I've made a lot of mistakes, 689 00:35:50,712 --> 00:35:53,782 but telling those parents to take their son to a hospital 690 00:35:53,815 --> 00:35:55,316 wasn't one of them. 691 00:35:55,350 --> 00:35:56,918 Yes, it was. 692 00:35:56,952 --> 00:35:59,755 You don't get to decide when you follow the rules 693 00:35:59,788 --> 00:36:00,789 and when you won't. 694 00:36:00,822 --> 00:36:04,059 Otherwise, what kind of anarchy would we have? 695 00:36:04,092 --> 00:36:08,063 If the rules are a lawyer can't tell a boy or his family 696 00:36:08,096 --> 00:36:11,199 that he has a life-threatening medical situation, 697 00:36:11,232 --> 00:36:14,002 an emergency that could kill him any second, 698 00:36:14,035 --> 00:36:18,406 if the rules say don't tell, you got a problem. 699 00:36:18,439 --> 00:36:20,208 You all have a problem. 700 00:36:20,241 --> 00:36:22,577 This system has a problem. 701 00:36:22,610 --> 00:36:25,914 I'm sorry. Is it us on trial now? 702 00:36:25,947 --> 00:36:28,149 Maybe you should be. 703 00:36:28,183 --> 00:36:30,986 The adversarial process stopped being about the truth 704 00:36:31,019 --> 00:36:32,153 a long time ago. 705 00:36:32,187 --> 00:36:34,255 The adversaries lie to each other. 706 00:36:34,289 --> 00:36:37,859 We lie and tell false truths every day, 707 00:36:37,893 --> 00:36:40,028 and you wonder why nobody respects us? 708 00:36:41,029 --> 00:36:44,365 It started off being about fairness and due process, 709 00:36:44,399 --> 00:36:46,702 and it's become about winning. 710 00:36:46,735 --> 00:36:50,138 And now we're to sit quiet 711 00:36:50,171 --> 00:36:53,742 while an innocent kid has a time bomb in his head? 712 00:36:53,775 --> 00:36:57,045 We're duty-bound to let him die out of privilege? 713 00:36:57,078 --> 00:36:59,514 And you expect the public to admire our profession? 714 00:37:00,448 --> 00:37:02,718 A person who's honorable, 715 00:37:02,751 --> 00:37:04,319 a person with integrity, 716 00:37:04,352 --> 00:37:07,789 a person who believes that a human life has sanctity 717 00:37:07,823 --> 00:37:10,892 doesn't let an innocent child die. 718 00:37:12,894 --> 00:37:16,131 I said this yesterday and I'll say it again. 719 00:37:16,164 --> 00:37:18,800 I will not be judged by you. 720 00:37:46,194 --> 00:37:47,929 Listen... 721 00:37:48,797 --> 00:37:51,066 I, uh, know I've been stomping my foot 722 00:37:51,099 --> 00:37:53,201 with a lot of righteous indignation, 723 00:37:54,269 --> 00:37:58,139 but, uh, Eugene was right about one thing. 724 00:37:59,007 --> 00:38:00,341 I should have had the decency 725 00:38:00,375 --> 00:38:01,777 to quit before I... 726 00:38:02,744 --> 00:38:06,214 I just... didn't think to do it. 727 00:38:07,282 --> 00:38:10,051 I'm sorry for putting the firm at risk. 728 00:38:13,054 --> 00:38:14,189 Anyway... 729 00:38:17,558 --> 00:38:19,460 May I see you a moment in private? 730 00:38:20,595 --> 00:38:22,864 I don't want to get into it anymore with you. 731 00:38:22,898 --> 00:38:25,400 May I see you in private, Jimmy? 732 00:38:34,375 --> 00:38:35,643 The reason I, uh... 733 00:38:42,984 --> 00:38:44,185 My brother... 734 00:38:45,520 --> 00:38:47,222 He died in prison serving time 735 00:38:47,255 --> 00:38:48,824 for something he didn't do. 736 00:38:49,791 --> 00:38:51,827 The police coerced a confession that-- 737 00:38:55,063 --> 00:38:58,566 The police-- they had no regard for the system. 738 00:38:59,968 --> 00:39:01,302 And if the day comes 739 00:39:01,336 --> 00:39:03,839 that lawyers start giving up their clients, 740 00:39:03,872 --> 00:39:05,841 giving up their secrets, then the system has-- 741 00:39:12,580 --> 00:39:15,383 I've put more murderers back out there than I can count 742 00:39:15,416 --> 00:39:16,852 in the name of the system. 743 00:39:16,885 --> 00:39:19,788 I need to believe in its legitimacy. 744 00:39:23,725 --> 00:39:25,060 I went home the other night... 745 00:39:26,427 --> 00:39:28,463 ...and I wanted to tell that family 746 00:39:28,496 --> 00:39:30,832 just like we all did, and, uh, 747 00:39:30,866 --> 00:39:33,869 I kept telling myself I had no choice. 748 00:39:33,902 --> 00:39:36,404 The rules were clear, I had no choice, 749 00:39:36,437 --> 00:39:37,973 and I was prepared to let that boy die, 750 00:39:38,006 --> 00:39:39,307 but what you did... 751 00:39:40,575 --> 00:39:41,743 was point out... 752 00:39:43,144 --> 00:39:44,880 ...I had a choice. 753 00:39:48,817 --> 00:39:50,451 A choice you made that I... 754 00:39:51,552 --> 00:39:52,721 I didn't. 755 00:39:53,554 --> 00:39:54,856 I suppose, uh... 756 00:39:58,994 --> 00:39:59,995 You, uh... 757 00:40:01,730 --> 00:40:03,965 you did what you did and was acting out of emotion. 758 00:40:04,966 --> 00:40:07,635 My doing what I did-- 759 00:40:07,668 --> 00:40:09,670 reporting you, going outside of the family-- 760 00:40:09,705 --> 00:40:11,740 I was acting on emotion as well. 761 00:40:14,475 --> 00:40:15,844 Anyway, I, uh... 762 00:40:18,714 --> 00:40:20,081 You're good with me. 763 00:40:22,951 --> 00:40:24,820 And I hope in time I'll be good with you. 764 00:40:29,524 --> 00:40:31,292 (door opens) 765 00:40:31,326 --> 00:40:32,560 They're back with their ruling. 766 00:40:48,676 --> 00:40:51,780 Mr. Berluti, you touched on a number of themes 767 00:40:51,813 --> 00:40:53,381 that are very close to me. 768 00:40:53,414 --> 00:40:56,451 It's true, we no longer impose 769 00:40:56,484 --> 00:40:59,620 the burden on attorneys to be honorable, 770 00:40:59,654 --> 00:41:02,758 and that's unfortunate, if not disgraceful. 771 00:41:03,624 --> 00:41:05,293 But it's also true, 772 00:41:05,326 --> 00:41:07,062 which you know full well, 773 00:41:07,095 --> 00:41:10,098 legal ethics and morality 774 00:41:10,131 --> 00:41:12,633 are not only two distinct concepts, 775 00:41:12,667 --> 00:41:15,636 they're quite often mutually exclusive. 776 00:41:15,670 --> 00:41:20,308 And if lawyers start letting personal morality 777 00:41:20,341 --> 00:41:22,177 be their compass, 778 00:41:22,210 --> 00:41:24,545 the system and all the participants in it 779 00:41:24,579 --> 00:41:26,281 are collectively lost. 780 00:41:27,248 --> 00:41:31,186 So we carve out rules, many of them quite strict. 781 00:41:31,219 --> 00:41:34,990 And the strictest, perhaps the most paramount, 782 00:41:35,023 --> 00:41:37,625 goes to client trust. 783 00:41:37,658 --> 00:41:40,762 What a client tells his lawyer 784 00:41:40,796 --> 00:41:42,430 is sacrosanct. 785 00:41:42,463 --> 00:41:45,266 The attorney doesn't get to decide 786 00:41:45,300 --> 00:41:48,503 when he'll honor the privilege and when he won't. 787 00:41:49,270 --> 00:41:53,441 You broke that seal, Mr. Berluti. 788 00:41:54,409 --> 00:41:56,277 The rule we hold most dear-- 789 00:41:56,311 --> 00:41:57,779 you broke it, 790 00:41:57,813 --> 00:41:59,715 and your moral preaching aside, 791 00:41:59,748 --> 00:42:01,950 there's no excuse for it. 792 00:42:01,983 --> 00:42:02,984 None. 793 00:42:06,454 --> 00:42:09,057 That having been said, 794 00:42:09,090 --> 00:42:11,292 this board does have discretion 795 00:42:11,326 --> 00:42:12,861 as to what we do with you. 796 00:42:12,894 --> 00:42:15,731 We applied a very unscientific test back there. 797 00:42:15,764 --> 00:42:17,132 We asked ourselves 798 00:42:17,165 --> 00:42:19,801 is the profession of law better served 799 00:42:19,835 --> 00:42:23,571 with you in it or out of it? 800 00:42:25,907 --> 00:42:27,375 We decided... 801 00:42:27,408 --> 00:42:29,177 better to have you in it. 802 00:42:32,280 --> 00:42:34,649 You're suspended for three weeks. 803 00:42:35,316 --> 00:42:36,818 We are adjourned. 804 00:42:49,064 --> 00:42:49,731 How about that? 805 00:42:51,967 --> 00:42:53,735 I survive. 806 00:42:56,004 --> 00:42:58,874 Come on, we've already blown most of the day. 807 00:42:59,708 --> 00:43:01,042 Let's get back to work. 808 00:43:39,480 --> 00:43:42,150 (music playing) 809 00:44:05,640 --> 00:44:06,875 You stinker! 58979

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