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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,292 --> 00:00:02,502 I say this... 2 00:00:02,502 --> 00:00:04,713 you hire a divorce lawyer to represent 3 00:00:04,713 --> 00:00:06,381 you against the very person that you trusted most. 4 00:00:06,381 --> 00:00:09,051 I'll give him five more minutes. And that is it. 5 00:00:09,051 --> 00:00:12,012 Come on, Arnie. Relax a little. 6 00:00:12,012 --> 00:00:14,681 As soon as the photographer is free, we can get this over with. 7 00:00:14,681 --> 00:00:16,183 Becker: The sooner, the better. 8 00:00:16,183 --> 00:00:17,893 Don't do me any favors, Arnie. 9 00:00:17,893 --> 00:00:22,231 Let's just have our pictures taken, shall we, guys? 10 00:00:22,231 --> 00:00:24,233 So what other videos are you promoting here tonight, Dave? 11 00:00:24,233 --> 00:00:25,526 What's it to you? 12 00:00:25,526 --> 00:00:26,693 I like to know the company I'm in. 13 00:00:26,693 --> 00:00:28,070 Never been to particular before. 14 00:00:28,070 --> 00:00:29,529 You're right, if I had been, 15 00:00:29,529 --> 00:00:30,572 I wouldn't have gotten involved with you. 16 00:00:30,572 --> 00:00:32,115 Dave, what exactly are 17 00:00:32,115 --> 00:00:33,951 mood enhancement videos? 18 00:00:33,951 --> 00:00:36,495 Tropical foliage and alpine vistas mostly. 19 00:00:36,495 --> 00:00:38,288 You know, I have one of the largest selections 20 00:00:38,288 --> 00:00:40,791 of bucolic imagery in Southern California right here. 21 00:00:40,791 --> 00:00:42,417 Well, between that and your smut collection, 22 00:00:42,417 --> 00:00:43,669 I'm in a real class environment. 23 00:00:43,669 --> 00:00:45,546 Oh, don't put on airs with me, Arnie. 24 00:00:45,546 --> 00:00:47,839 This is Dave, remember? I know you too well. 25 00:00:47,839 --> 00:00:50,717 Oh yeah? Well, here's something you don't know, Dave. 26 00:00:50,717 --> 00:00:52,427 I don't need the money this bad. 27 00:00:52,427 --> 00:00:53,762 Fine. 28 00:00:53,762 --> 00:00:55,681 [Allison sighs] Arnie... 29 00:00:56,848 --> 00:00:59,518 I know you can get through this. 30 00:00:59,518 --> 00:01:01,770 Allison, I suffer a lot from difficult individuals 31 00:01:01,770 --> 00:01:04,314 with what I do, but this guy is too much. 32 00:01:04,314 --> 00:01:08,068 Listen to me. Dave has a real problem. 33 00:01:08,068 --> 00:01:10,946 No matter how hard he works, no matter how much money he makes, 34 00:01:10,946 --> 00:01:14,700 he'll never be sexy. He'll never be glamorous. 35 00:01:14,700 --> 00:01:16,201 Allison: He'll never be you. 36 00:01:16,201 --> 00:01:18,620 [indistinct chatter] 37 00:01:21,707 --> 00:01:23,542 Do you want me to stay? 38 00:01:23,542 --> 00:01:24,835 Yes, I do. 39 00:01:26,253 --> 00:01:27,212 Okay. 40 00:01:29,464 --> 00:01:33,093 How could you ever have opted for Sifuentes instead of me? 41 00:01:33,093 --> 00:01:34,386 I don't know how many times I've asked 42 00:01:34,386 --> 00:01:36,054 myself that very same question. 43 00:01:36,054 --> 00:01:37,556 I'll be back. 44 00:01:37,556 --> 00:01:39,016 Is this Arnie Becker, Dave? 45 00:01:39,016 --> 00:01:42,269 Yeah. Arnie, these... This is Cheryl Flecksor. 46 00:01:42,269 --> 00:01:44,229 - Cheryl, Arnie Becker. - Hi. 47 00:01:44,229 --> 00:01:46,023 Cheryl: I'm also here promoting a video. 48 00:01:46,023 --> 00:01:47,399 Oh really? What video is that? 49 00:01:47,399 --> 00:01:50,319 - "For the Love of Rubber." - Really? 50 00:01:50,319 --> 00:01:52,571 Do you know what I do when I'm not making porno films? 51 00:01:52,571 --> 00:01:55,449 - Becker: No. What's that? - I work for a process server. 52 00:01:56,783 --> 00:01:59,995 One for you... and one for you. 53 00:01:59,995 --> 00:02:01,288 Big smiles, everybody. 54 00:02:02,748 --> 00:02:03,790 [camera shutter closes] 55 00:02:03,790 --> 00:02:04,833 Photographer: Beautiful. 56 00:02:04,833 --> 00:02:07,210 [theme music] 57 00:02:34,863 --> 00:02:37,282 [music continues] 58 00:03:04,851 --> 00:03:07,270 [music continues] 59 00:03:37,092 --> 00:03:39,511 [instrumental music] 60 00:03:59,865 --> 00:04:02,492 First up, you may be aware 61 00:04:02,492 --> 00:04:05,495 that after last week's debacle with the melons by mail, 62 00:04:05,495 --> 00:04:07,205 I've shifted, excuse me, 63 00:04:07,205 --> 00:04:09,499 the source of our dietary supplementation 64 00:04:09,499 --> 00:04:12,878 to Jocko's cereal, a crunchy snack that's high fiber, 65 00:04:12,878 --> 00:04:16,173 high protein, and, more importantly, rodent-free. 66 00:04:16,173 --> 00:04:17,549 Yes, we know, Douglas. 67 00:04:17,549 --> 00:04:19,468 The office is still buzzing about it. 68 00:04:19,468 --> 00:04:22,345 - May we move on, please? - There's more to buzz about. 69 00:04:22,345 --> 00:04:25,849 Brackman: Jocko's is currently running a cash giveaway contest, 70 00:04:25,849 --> 00:04:29,436 which contest we won this morning, 71 00:04:29,436 --> 00:04:32,189 earning the firm five thousand dollars. 72 00:04:32,189 --> 00:04:33,315 - Abby: What? - You're kidding? 73 00:04:33,315 --> 00:04:34,900 Brackman: Each box contains 74 00:04:34,900 --> 00:04:38,028 a batless baseball player on the cover. 75 00:04:38,028 --> 00:04:42,115 If your box contains the missing bat, 76 00:04:42,115 --> 00:04:44,826 as one fours did, see, 77 00:04:44,826 --> 00:04:47,370 it slides in like this, voila! 78 00:04:47,370 --> 00:04:49,706 We win five thousand dollars. 79 00:04:49,706 --> 00:04:51,249 Well, that's very good, Douglas. 80 00:04:51,249 --> 00:04:52,667 Brackman: So, you see, the windfalls 81 00:04:52,667 --> 00:04:55,545 of a healthy diet are endless. 82 00:04:55,545 --> 00:04:58,715 Moving on, Segal v. Blanchard. 83 00:04:59,883 --> 00:05:01,384 Trial starts today. Ready. 84 00:05:01,384 --> 00:05:03,261 Let me reiterate my reservation about 85 00:05:03,261 --> 00:05:05,889 starting a trial at eight and a half months pregnant. 86 00:05:05,889 --> 00:05:06,932 - Forget it. McKenzie: Oh. 87 00:05:06,932 --> 00:05:08,016 I'm with Douglas on this one. 88 00:05:08,016 --> 00:05:09,142 This doesn't make sense. 89 00:05:09,142 --> 00:05:10,185 Kuzak: Actually, it makes 90 00:05:10,185 --> 00:05:11,353 perfect sense. 91 00:05:11,353 --> 00:05:12,562 Now, we're up against a grieving 92 00:05:12,562 --> 00:05:14,773 mother who lost her baby at birth. 93 00:05:14,773 --> 00:05:16,316 With Ann representing a doctor, we stand 94 00:05:16,316 --> 00:05:18,068 a good chance of neutralizing that sympathy. 95 00:05:18,068 --> 00:05:22,531 Putting a pregnant attorney into a maternity malpractice case 96 00:05:22,531 --> 00:05:25,450 strikes me as being manipulative, and I would-- 97 00:05:25,450 --> 00:05:28,036 It is manipulative, Leland, but that's what we do. 98 00:05:28,036 --> 00:05:29,955 The fact is, a jury's gonna listen to me on this 99 00:05:29,955 --> 00:05:31,289 more than they would Michael. 100 00:05:31,289 --> 00:05:33,166 And since this doctor is so clearly 101 00:05:33,166 --> 00:05:34,751 not negligent, I don't mind giving him 102 00:05:34,751 --> 00:05:37,462 whatever advantage he needs. 103 00:05:37,462 --> 00:05:41,174 Brackman: Well, well, well. Nice of you to join us this morning. 104 00:05:41,174 --> 00:05:43,218 Yeah, well, I got an unexpected surprise last night 105 00:05:43,218 --> 00:05:45,929 at my promotional, and I was up a little late. 106 00:05:45,929 --> 00:05:47,556 I got sued over the video. 107 00:05:47,556 --> 00:05:48,598 Sued for what? 108 00:05:48,598 --> 00:05:50,308 Malpractice. Breach of warranty. 109 00:05:50,308 --> 00:05:52,185 Some crackpot hen says she relied 110 00:05:52,185 --> 00:05:54,354 on my advice and it ruined her life. 111 00:05:54,354 --> 00:05:55,897 And she actually filed suit? 112 00:05:55,897 --> 00:05:57,858 You can wipe the smile off, Doug. 113 00:05:57,858 --> 00:05:59,150 She named the firm as well. 114 00:05:59,150 --> 00:06:00,819 - What? - She sued us? 115 00:06:00,819 --> 00:06:03,029 - You're all co-defendants. Brackman: I knew it. 116 00:06:03,029 --> 00:06:04,906 I knew this damn thing would end up an embarrassment. 117 00:06:04,906 --> 00:06:06,074 And we're not covered. 118 00:06:06,074 --> 00:06:07,325 Now look, I don't know 119 00:06:07,325 --> 00:06:09,786 anything about this lady's case, 120 00:06:09,786 --> 00:06:11,454 but she's gonna have a difficult time 121 00:06:11,454 --> 00:06:13,498 making malpractice stick. 122 00:06:13,498 --> 00:06:16,376 - Victor, you've got any time. - A little. 123 00:06:16,376 --> 00:06:18,253 McKenzie: Alright. Get together with Arnold. 124 00:06:18,253 --> 00:06:22,799 Let's mark up a fast motion to dismiss and nip this in the bud. 125 00:06:22,799 --> 00:06:24,843 Very good, Arnold. 126 00:06:24,843 --> 00:06:26,469 - Brackman: Lastly... - Drop dead. 127 00:06:26,469 --> 00:06:29,556 at this time, the partners are very pleased to announce 128 00:06:29,556 --> 00:06:31,808 the acquisition of a new partner. 129 00:06:31,808 --> 00:06:34,769 Ms. Rosalind Shays will be joining us next week, 130 00:06:34,769 --> 00:06:37,606 concentrating in the corporate department. 131 00:06:37,606 --> 00:06:39,024 [clears throat] 132 00:06:39,024 --> 00:06:40,817 Well, what are we supposed to do, clap? 133 00:06:40,817 --> 00:06:43,612 Brackman: This is a major coup for the firm, Victor. 134 00:06:43,612 --> 00:06:46,740 Ms. Shays has a tremendous client base, 135 00:06:46,740 --> 00:06:49,242 and she stands to generate substantial revenue. 136 00:06:49,242 --> 00:06:52,162 Yeah, well, forgive us for not dancing around, Douglas. 137 00:06:52,162 --> 00:06:53,747 But the revenues that you're talking about 138 00:06:53,747 --> 00:06:56,333 go directly into your pocket, not mine. 139 00:06:56,333 --> 00:06:58,418 As for the associates here... [laughs] 140 00:06:58,418 --> 00:07:00,670 Well, the only thing that's gonna change 141 00:07:00,670 --> 00:07:02,714 is that the ratio is gonna go up seven to three. 142 00:07:02,714 --> 00:07:04,215 And you know what? That stinks. 143 00:07:04,215 --> 00:07:05,842 Kuzak: Wait, wait, you're not worried about 144 00:07:05,842 --> 00:07:07,344 job security, are you, Victor? 145 00:07:07,344 --> 00:07:08,887 Nope. 146 00:07:08,887 --> 00:07:11,014 I'll tell you what does bother me, though. 147 00:07:11,014 --> 00:07:13,224 That a bunch of bottom-line partners are going around 148 00:07:13,224 --> 00:07:14,893 behind closed doors, 149 00:07:14,893 --> 00:07:17,020 trying to calculate how to make themselves richer 150 00:07:17,020 --> 00:07:19,939 with no regard at all for the other lawyers in this place. 151 00:07:19,939 --> 00:07:22,859 I mean, nobody introduced me to this lady. Abby? 152 00:07:22,859 --> 00:07:24,861 - Jonathan, anybody talk to you? - Nope. 153 00:07:24,861 --> 00:07:26,529 McKenzie: You want to meet her, Victor? Fine. 154 00:07:26,529 --> 00:07:29,199 I'll set it up right away. Dinner, tomorrow night. 155 00:07:29,199 --> 00:07:31,368 - Let's move on. - Thank you. 156 00:07:31,368 --> 00:07:33,119 Brackman: That's it. We're done. 157 00:07:40,126 --> 00:07:42,128 I couldn't really feel the contractions 158 00:07:42,128 --> 00:07:44,756 because of the epidermal. 159 00:07:44,756 --> 00:07:47,342 I just remember pushing as hard as I could. 160 00:07:48,677 --> 00:07:51,471 And then I remember seeing the baby. 161 00:07:51,471 --> 00:07:53,056 Waiting for it to cry. 162 00:07:54,307 --> 00:07:55,892 But there wasn't a sound. 163 00:07:55,892 --> 00:07:57,644 What happened next, Mrs. Blanchard? 164 00:07:59,562 --> 00:08:01,314 There seemed to be this panic. 165 00:08:01,314 --> 00:08:03,900 The nurses were yelling at each other to do things. 166 00:08:03,900 --> 00:08:08,113 And... they put an oxygen mask on his head. 167 00:08:08,113 --> 00:08:09,739 Haber: Your son's head? 168 00:08:09,739 --> 00:08:10,699 Yes. 169 00:08:12,575 --> 00:08:14,911 And then they stuck this tube down his throat. 170 00:08:17,622 --> 00:08:20,417 His face, it looked blue. 171 00:08:20,417 --> 00:08:22,585 Haber: I know this is painful for you, ma'am, 172 00:08:22,585 --> 00:08:24,504 but can you tell us what happened next? 173 00:08:25,797 --> 00:08:27,590 Suddenly, everything stopped. 174 00:08:29,092 --> 00:08:31,052 Nobody was rushing around anymore. 175 00:08:32,679 --> 00:08:36,141 And I saw them take the tube out of his mouth. 176 00:08:36,141 --> 00:08:39,018 And I was screaming at them to tell me what was going on. 177 00:08:40,729 --> 00:08:43,189 Dr. Segal, he said that my little boy was dead. 178 00:08:47,277 --> 00:08:49,070 Haber: I have nothing further. 179 00:08:53,491 --> 00:08:55,660 Did it appear that Dr. Segal was doing everything 180 00:08:55,660 --> 00:08:57,370 he could to save your baby? 181 00:08:57,370 --> 00:08:59,748 [sniffles] I guess. 182 00:08:59,748 --> 00:09:03,752 But [sniffles] then I found out after that maybe he didn't. 183 00:09:03,752 --> 00:09:05,754 I see. 184 00:09:05,754 --> 00:09:07,380 Did you do everything you could 185 00:09:07,380 --> 00:09:08,923 to protect the welfare of this child? 186 00:09:08,923 --> 00:09:10,925 Of course I did. What kind of question is that? 187 00:09:10,925 --> 00:09:13,052 Did you ever consume alcoholic beverages 188 00:09:13,052 --> 00:09:14,220 during the course of your pregnancy? 189 00:09:14,220 --> 00:09:16,431 I think I may be had wine 190 00:09:16,431 --> 00:09:17,807 on two or three occasions. 191 00:09:17,807 --> 00:09:19,768 Uh-huh. 192 00:09:19,768 --> 00:09:22,437 And you also drank coffee, didn't you? 193 00:09:22,437 --> 00:09:24,230 Sometimes. What's the point? 194 00:09:24,230 --> 00:09:25,523 Kelsey: The point is, Mrs. Blanchard, 195 00:09:25,523 --> 00:09:27,400 you ignored the express instructions 196 00:09:27,400 --> 00:09:29,652 of your doctor to avoid alcohol and caffeine. 197 00:09:29,652 --> 00:09:30,904 That didn't kill my baby. 198 00:09:30,904 --> 00:09:33,615 We don't know what killed your baby. 199 00:09:33,615 --> 00:09:35,617 Did you ever fly during your pregnancy, ma'am? 200 00:09:36,743 --> 00:09:37,786 Lucy: Flying is allowed. 201 00:09:37,786 --> 00:09:38,828 But it's not recommended, is it? 202 00:09:38,828 --> 00:09:40,080 Objection. 203 00:09:40,080 --> 00:09:41,414 Your Honor, I'm trying to establish 204 00:09:41,414 --> 00:09:42,540 that this witness was derelict 205 00:09:42,540 --> 00:09:43,583 in her prenatal care. 206 00:09:43,583 --> 00:09:44,751 That's not fair! 207 00:09:44,751 --> 00:09:45,877 Mrs. Blanchard, just answer 208 00:09:45,877 --> 00:09:47,170 the questions. 209 00:09:47,170 --> 00:09:48,505 I'll give you a little latitude 210 00:09:48,505 --> 00:09:49,672 here, counselor. 211 00:09:49,672 --> 00:09:51,633 Your niece Melissa came down 212 00:09:51,633 --> 00:09:53,802 with a viral infection while visiting you 213 00:09:53,802 --> 00:09:55,470 during the sixth month on the first day of your pregnancy, 214 00:09:55,470 --> 00:09:57,096 didn't she, Mrs. Blanchard? 215 00:09:57,096 --> 00:09:58,306 Yes. 216 00:09:58,306 --> 00:09:59,849 Did you make any attempt to isolate 217 00:09:59,849 --> 00:10:01,392 yourself from her during this illness? 218 00:10:01,392 --> 00:10:03,645 I was the only one who could take care of her. 219 00:10:03,645 --> 00:10:07,273 Kelsey: So, you knowingly exposed your unborn child 220 00:10:07,273 --> 00:10:09,025 to a contagious disease, didn't you? 221 00:10:09,025 --> 00:10:11,027 Was I supposed to stay away from Melissa? 222 00:10:11,027 --> 00:10:13,279 Talk to me, Mrs. Blanchard. I'm the one asking the questions. 223 00:10:13,279 --> 00:10:15,323 You're trying to make it sound like it was my fault. 224 00:10:15,323 --> 00:10:18,034 - Maybe it was your fault. - Ms. Kelsey, that's enough! 225 00:10:18,034 --> 00:10:19,452 Kelsey: True or false, Mrs. Blanchard? 226 00:10:19,452 --> 00:10:21,162 Your doctor said no drinking, you drank. 227 00:10:21,162 --> 00:10:23,331 Your doctor said no caffeine, you had coffee. 228 00:10:23,331 --> 00:10:24,666 Your doctor said avoid flying 229 00:10:24,666 --> 00:10:26,042 and contagious diseases, and you didn't. 230 00:10:26,042 --> 00:10:28,002 - Stop it! - You also smoked cigarettes. 231 00:10:28,002 --> 00:10:29,629 - Didn't you? - I didn't kill my baby! 232 00:10:29,629 --> 00:10:31,798 You also smoked cigarettes, didn't you? 233 00:10:31,798 --> 00:10:32,882 Lucy: [crying] Why are you doing this to me? 234 00:10:32,882 --> 00:10:34,217 Kelsey: Yes or no?! 235 00:10:34,217 --> 00:10:36,010 Yes. I smoked cigarettes. 236 00:10:36,010 --> 00:10:37,846 But cigarettes did not kill my son. 237 00:10:37,846 --> 00:10:40,056 - How do you know that? - Objection! 238 00:10:40,056 --> 00:10:41,474 Judge: Ms. Kelsey! 239 00:10:47,355 --> 00:10:49,524 I have no further questions for this witness. 240 00:10:51,067 --> 00:10:53,444 [cries] 241 00:10:56,865 --> 00:10:58,616 You wanna tell me what just happened in there? 242 00:11:00,368 --> 00:11:01,870 [laughs lightly] What do you mean? 243 00:11:01,870 --> 00:11:04,080 Ann, our defense is that Dr. Segal is innocent. 244 00:11:04,080 --> 00:11:06,374 It's not that Lucy Blanchard is guilty. 245 00:11:06,374 --> 00:11:08,626 She's the one who wants to point a finger here. 246 00:11:08,626 --> 00:11:10,587 I was just showing the jury that we can point it right back 247 00:11:10,587 --> 00:11:11,629 at her just as easily. 248 00:11:11,629 --> 00:11:12,964 I'm sorry. 249 00:11:12,964 --> 00:11:14,340 But the whole reason for your doing this 250 00:11:14,340 --> 00:11:16,342 was that you would seem more sympathetic. 251 00:11:16,342 --> 00:11:18,261 You just came off like a monster in there. 252 00:11:19,762 --> 00:11:21,264 Thank you, Abby. 253 00:11:21,264 --> 00:11:23,558 But I'm the one who decides strategy here, okay? 254 00:11:23,558 --> 00:11:24,851 Ann, I'm not snapping at you. 255 00:11:24,851 --> 00:11:26,477 There's no need for you to snap at me. 256 00:11:26,477 --> 00:11:28,188 I'm snapping at you because you're undermining me 257 00:11:28,188 --> 00:11:30,148 in the middle of a trial, and I won't stand for that. 258 00:11:31,316 --> 00:11:32,901 - Are you okay? - I'm fine! 259 00:11:32,901 --> 00:11:34,235 End of discussion. 260 00:11:45,830 --> 00:11:49,334 Adair: Buying "Arnold Becker's Video Guide To Divorce" 261 00:11:49,334 --> 00:11:52,128 was the worst thing my client ever did, Your Honor. 262 00:11:52,128 --> 00:11:53,713 Following Mr. Becker's instructions 263 00:11:53,713 --> 00:11:54,881 she locked her husband out. 264 00:11:54,881 --> 00:11:56,090 She wasn't following 265 00:11:56,090 --> 00:11:57,675 my instructions! 266 00:11:57,675 --> 00:11:59,427 Sit down, Mr. Becker. 267 00:11:59,427 --> 00:12:01,179 Your Honor, I trust that Arnold Becker's 268 00:12:01,179 --> 00:12:03,431 arrogance will not be imputed to me. 269 00:12:03,431 --> 00:12:05,016 Judge: Sit down, Mr. Meyer. 270 00:12:05,016 --> 00:12:07,518 Adair: The breach of warranty runs to them both. 271 00:12:07,518 --> 00:12:10,939 She used their videotape to work out her separation agreement. 272 00:12:10,939 --> 00:12:12,607 And as a result, she wound up with about 273 00:12:12,607 --> 00:12:14,359 a tenth of what she was entitled to. 274 00:12:14,359 --> 00:12:16,778 Arnold Becker specifically cautioned purchasers 275 00:12:16,778 --> 00:12:19,280 of this tape that it wasn't a substitute for legal counsel. 276 00:12:19,280 --> 00:12:20,615 Adair: Oh, nonsense. 277 00:12:20,615 --> 00:12:21,741 What were they buying it for, 278 00:12:21,741 --> 00:12:23,034 to repair their cars? 279 00:12:23,034 --> 00:12:25,578 Just a minute, Ms. Adair. 280 00:12:25,578 --> 00:12:27,997 Was there in fact a disclaimer on the tape? 281 00:12:27,997 --> 00:12:31,334 - Yes, Your Honor. There was. - It was wholly inadequate. 282 00:12:31,334 --> 00:12:33,252 Sifuentes: Now even assuming, arguendo, 283 00:12:33,252 --> 00:12:36,172 that the plaintiff was relying on Mr. Becker for legal counsel, 284 00:12:36,172 --> 00:12:39,217 there was no mention at all of McKenzie, Brackman on that tape, 285 00:12:39,217 --> 00:12:41,427 nor can videotape production be deemed 286 00:12:41,427 --> 00:12:42,512 as the practice of law, Your Honor. 287 00:12:42,512 --> 00:12:43,763 I'd have to agree. 288 00:12:43,763 --> 00:12:45,139 Well, accordingly then, Your Honor, 289 00:12:45,139 --> 00:12:46,849 I would move to dismiss any and all claims 290 00:12:46,849 --> 00:12:48,434 from McKenzie, Brackman, Cheney and Kuzak. 291 00:12:48,434 --> 00:12:49,477 Adair: Opposed. 292 00:12:49,477 --> 00:12:51,062 Furthermore, 293 00:12:51,062 --> 00:12:54,399 since malpractice liability runs only to the client, 294 00:12:54,399 --> 00:12:56,818 and since the plaintiff wasn't the client, 295 00:12:56,818 --> 00:12:58,820 I move to dismiss the claim of malpractice 296 00:12:58,820 --> 00:13:00,196 against Arnold Becker personally. 297 00:13:00,196 --> 00:13:02,198 Both Mr. Meyer and Mr. Becker 298 00:13:02,198 --> 00:13:03,825 had liability as sellers. 299 00:13:03,825 --> 00:13:05,451 Your Honor, Mr. Meyer was relying 300 00:13:05,451 --> 00:13:08,079 wholly on Mr. Becker's expertise as a divorce attorney 301 00:13:08,079 --> 00:13:09,706 and should not be held liable for any 302 00:13:09,706 --> 00:13:12,417 legal misrepresentation contained in the video. 303 00:13:12,417 --> 00:13:15,628 Alright, I've heard enough. 304 00:13:15,628 --> 00:13:20,300 The malpractice case against McKenzie, Brackman is dismissed. 305 00:13:20,300 --> 00:13:22,677 The malpractice claim against Arnold Becker 306 00:13:22,677 --> 00:13:24,971 individually is dismissed 307 00:13:24,971 --> 00:13:26,764 - Thank you, Your Honor. Ganz: Your Honor. 308 00:13:26,764 --> 00:13:28,891 Ganz: Does this mean Dave Meyer is the only one liable? 309 00:13:28,891 --> 00:13:30,601 Wouldn't be the first time, Sheldon. 310 00:13:30,601 --> 00:13:32,395 The cheese stands alone. 311 00:13:32,395 --> 00:13:34,147 The breach of warranty claim stands 312 00:13:34,147 --> 00:13:35,648 against Mr. Becker as well. 313 00:13:37,525 --> 00:13:38,860 That's it. 314 00:13:38,860 --> 00:13:40,737 Meyer: Query, Your Honor. 315 00:13:40,737 --> 00:13:43,781 Why is an honest businessman being pilloried 316 00:13:43,781 --> 00:13:47,577 for that which is so wholly outside his field of expertise? 317 00:13:47,577 --> 00:13:49,912 Save your queries for trial, Mr. Meyer. 318 00:13:49,912 --> 00:13:51,581 No queries. Yes, sir. 319 00:13:53,291 --> 00:13:55,710 Next case, Kerry v. Voucher. 320 00:14:00,089 --> 00:14:02,008 What's up? 321 00:14:02,008 --> 00:14:03,926 - Oh. - Have a seat, Ann. 322 00:14:06,763 --> 00:14:08,264 Pretty cute, Abby. Going behind my back. 323 00:14:08,264 --> 00:14:10,058 I came straight to you, Ann. 324 00:14:10,058 --> 00:14:12,435 I brought my problem straight to you and you just shut me down. 325 00:14:12,435 --> 00:14:13,478 Kuzak: Alright, look. 326 00:14:13,478 --> 00:14:14,896 Based on Abby's account of what 327 00:14:14,896 --> 00:14:16,522 happened in court yesterday, I'm not so sure 328 00:14:16,522 --> 00:14:17,899 it's as brilliant an idea as I thought 329 00:14:17,899 --> 00:14:19,692 to have you try this thing. 330 00:14:19,692 --> 00:14:20,902 Abby and I just disagree with 331 00:14:20,902 --> 00:14:22,361 respect to strategy, that's all. 332 00:14:22,361 --> 00:14:23,946 Well, I happen to side with Abby. 333 00:14:23,946 --> 00:14:25,573 Kelsey: Fine. I'll try to tone it down. 334 00:14:25,573 --> 00:14:27,492 - Are you prepared to takeover? Kelsey: What? Michael. 335 00:14:27,492 --> 00:14:30,161 Excuse me, Ann. Abby, can you try this case? 336 00:14:30,161 --> 00:14:31,704 - Yes. - You can't do this. 337 00:14:31,704 --> 00:14:33,372 I'm sorry, Ann. But I have to think of the client. 338 00:14:33,372 --> 00:14:34,957 - You have no right to yank me. - Hey! 339 00:14:34,957 --> 00:14:36,751 As head of litigation, I not only have the right, 340 00:14:36,751 --> 00:14:37,794 I have the responsibility. 341 00:14:37,794 --> 00:14:39,170 Now you have personalized this 342 00:14:39,170 --> 00:14:40,671 case beyond the point of its effectiveness 343 00:14:40,671 --> 00:14:42,590 and I can't let that happen. 344 00:14:43,716 --> 00:14:46,260 Abby, you take the witnesses. 345 00:14:46,260 --> 00:14:48,179 Ann, you close. 346 00:14:48,179 --> 00:14:49,764 Michael, you could at least give me a chance-- 347 00:14:49,764 --> 00:14:51,974 That is the way it's going to be. Alright? 348 00:15:02,110 --> 00:15:03,069 [door closes] 349 00:15:04,529 --> 00:15:05,863 Hey. 350 00:15:05,863 --> 00:15:07,824 Jonathan. Diana. 351 00:15:07,824 --> 00:15:09,909 - Just the two I'm looking for. - Yeah, what's up, Douglas? 352 00:15:09,909 --> 00:15:12,245 Jocko's cereal won't pay, that's what. 353 00:15:12,245 --> 00:15:14,831 They say there was a packaging screw up and bats were placed 354 00:15:14,831 --> 00:15:17,208 in over a hundred boxes instead of three. 355 00:15:17,208 --> 00:15:18,292 Oh no. 356 00:15:18,292 --> 00:15:19,752 They're offering a hundred bucks 357 00:15:19,752 --> 00:15:21,170 as a paltry compromise. 358 00:15:21,170 --> 00:15:23,089 I want you to sue them for me. 359 00:15:23,089 --> 00:15:25,508 You want to litigate a five thousand dollar claim? 360 00:15:25,508 --> 00:15:28,719 It's a five hundred thousand dollar claim. 361 00:15:28,719 --> 00:15:31,514 There were a hundred and twenty-two false winners. 362 00:15:31,514 --> 00:15:33,391 I want you to file a class action suit 363 00:15:33,391 --> 00:15:35,560 on behalf of all the victims tomorrow. 364 00:15:35,560 --> 00:15:36,936 A class action? 365 00:15:36,936 --> 00:15:38,563 Make Benny the named plaintiff. 366 00:15:38,563 --> 00:15:39,897 We'll get a lot more mileage 367 00:15:39,897 --> 00:15:41,440 with a retardo leading the charge. 368 00:15:41,440 --> 00:15:43,192 - We can't do that. - Of course we can. 369 00:15:43,192 --> 00:15:46,404 He's part of the firm. Make it Benjamin Stulwicz et al. 370 00:15:46,404 --> 00:15:49,365 Diana, I want you to put ads in the Times and the Examiner 371 00:15:49,365 --> 00:15:51,576 notifying all prospective plaintiffs. 372 00:15:51,576 --> 00:15:53,411 The distribution of their boxes was limited 373 00:15:53,411 --> 00:15:55,663 to West L .A., so the victims should all be local. 374 00:15:55,663 --> 00:15:59,458 Jonathan, schedule a motion to certify the class post haste. 375 00:15:59,458 --> 00:16:02,628 Uh, you don't think this is a little rash? 376 00:16:02,628 --> 00:16:06,591 No, I don't. Those cheap bastards stuck a bat in my box. 377 00:16:06,591 --> 00:16:07,842 They're gonna make good. 378 00:16:07,842 --> 00:16:10,178 Besides, if we certify the class, 379 00:16:10,178 --> 00:16:13,139 we'll get a quick settlement and possibly see a nice counsel fee 380 00:16:13,139 --> 00:16:15,808 of about twenty thousand dollars. 381 00:16:15,808 --> 00:16:17,935 Teach those cereal grunts to mess with me. 382 00:16:19,896 --> 00:16:22,315 Stark: You can see the changes on the monitor right there. 383 00:16:22,315 --> 00:16:23,941 They indicate a-- 384 00:16:23,941 --> 00:16:26,903 Yes, they indicate a fluctuation in the baby's heart rate 385 00:16:26,903 --> 00:16:28,738 about thirty minutes prior to delivery. 386 00:16:28,738 --> 00:16:31,741 And what was happening at this point, doctor? 387 00:16:31,741 --> 00:16:33,659 What probably happened was the baby compressed 388 00:16:33,659 --> 00:16:35,995 its own umbilical cord, cutting off its oxygen. 389 00:16:35,995 --> 00:16:38,414 Haber: And what was the effect of this loss of oxygen? 390 00:16:38,414 --> 00:16:41,209 Dr. Stark: The effect was brain damage so extensive 391 00:16:41,209 --> 00:16:44,378 that its heart and lungs could not function outside the womb. 392 00:16:44,378 --> 00:16:46,839 This baby couldn't breathe. Its heart couldn't pump any blood. 393 00:16:46,839 --> 00:16:49,967 And that's what caused it to die so quickly after delivery. 394 00:16:49,967 --> 00:16:54,180 Can something be done to save the child in this situation? 395 00:16:54,180 --> 00:16:56,265 Absolutely, an emergency C-section 396 00:16:56,265 --> 00:16:57,975 could have easily rescued the child 397 00:16:57,975 --> 00:17:00,603 before the oxygen loss had caused the brain damage. 398 00:17:00,603 --> 00:17:03,522 - And what did Dr. Segal do? - He did nothing. 399 00:17:03,522 --> 00:17:06,150 He waited thirty minutes and delivered the child vaginally. 400 00:17:06,150 --> 00:17:09,028 Did this wait factor into the child's death? 401 00:17:09,028 --> 00:17:11,864 There's no question about it. Dr. Segal waited too long. 402 00:17:11,864 --> 00:17:14,242 Had he responded and done the Caesarean, 403 00:17:14,242 --> 00:17:16,369 this baby would still be alive. 404 00:17:16,369 --> 00:17:18,871 Haber: Thank you Doctor. I have nothing further. 405 00:17:18,871 --> 00:17:20,081 [woman coughs] 406 00:17:27,880 --> 00:17:28,881 Dr. Stark. 407 00:17:30,841 --> 00:17:35,680 These changes in the monitor are very minor, aren't they? 408 00:17:35,680 --> 00:17:37,515 They're certainly noticeable. 409 00:17:37,515 --> 00:17:39,308 They're noticeable. 410 00:17:39,308 --> 00:17:41,435 But if that baby suffered brain damage 411 00:17:41,435 --> 00:17:44,272 from a lack of oxygen during delivery, 412 00:17:44,272 --> 00:17:46,023 now that would be marked by a huge 413 00:17:46,023 --> 00:17:47,400 fluctuation in the heart rate, wouldn't it? 414 00:17:47,400 --> 00:17:48,693 Not always. No. 415 00:17:48,693 --> 00:17:50,695 - But typically, right, doctor? - Yes. 416 00:17:50,695 --> 00:17:53,364 Typically, the fluctuations would be more remarkable. 417 00:17:53,364 --> 00:17:57,910 In fact, this baby suffered extensive brain damage 418 00:17:57,910 --> 00:17:59,954 long before delivery, isn't that right? 419 00:17:59,954 --> 00:18:02,081 Dr. Stark: I see no conclusive proof of that. 420 00:18:02,081 --> 00:18:04,000 Do you have any proof it didn't happen that way? 421 00:18:04,000 --> 00:18:06,669 Yes, based upon my review of the case, I concluded that 422 00:18:06,669 --> 00:18:08,963 the brain damage occurred during the delivery. 423 00:18:08,963 --> 00:18:11,924 Abby: Based upon your review. 424 00:18:11,924 --> 00:18:15,261 Did you speak with Dr. Segal or read his deposition? 425 00:18:15,261 --> 00:18:16,679 Dr. Stark: No. 426 00:18:16,679 --> 00:18:18,472 Did you speak with the anesthesiologist? 427 00:18:18,472 --> 00:18:20,266 Dr. Stark: No. 428 00:18:20,266 --> 00:18:21,976 How about any of the nurses? 429 00:18:21,976 --> 00:18:24,061 I didn't have to. I reviewed the records. 430 00:18:24,061 --> 00:18:26,731 - Who sent you those records? - Objection! 431 00:18:26,731 --> 00:18:28,316 Abby: I'm offering to show bias, Your Honor. 432 00:18:28,316 --> 00:18:30,026 The objection's overruled. 433 00:18:30,026 --> 00:18:31,235 Who provided you with 434 00:18:31,235 --> 00:18:32,737 Mrs. Blanchard's medical records? 435 00:18:34,155 --> 00:18:35,823 Her attorney. Mr. Haber. 436 00:18:35,823 --> 00:18:37,199 And how many times have you 437 00:18:37,199 --> 00:18:38,868 previously testified for Mr. Haber? 438 00:18:38,868 --> 00:18:41,662 Your Honor, this is totally irrelevant. 439 00:18:41,662 --> 00:18:43,831 Overruled, Mr. Haber. Sit down. 440 00:18:43,831 --> 00:18:46,584 Abby: In how many of Mr. Haber's malpractice cases 441 00:18:46,584 --> 00:18:47,710 have you testified, sir? 442 00:18:47,710 --> 00:18:50,546 - I don't know. - More than ten? 443 00:18:50,546 --> 00:18:53,090 - Yes. Abby: More than twenty? 444 00:18:53,090 --> 00:18:54,508 Dr. Stark: I guess. I don't know. 445 00:18:54,508 --> 00:18:57,762 - More than five hundred? - No. 446 00:18:57,762 --> 00:19:01,223 So somewhere between twenty and five hundred times, 447 00:19:01,223 --> 00:19:03,059 you've taken the stand to find negligence? 448 00:19:03,059 --> 00:19:06,103 It's more like thirty-five times. Tops. 449 00:19:06,103 --> 00:19:08,981 Oh, so now you do know how many times. 450 00:19:08,981 --> 00:19:12,568 And you are paid for this testimony, correct? 451 00:19:12,568 --> 00:19:13,611 Yes. 452 00:19:13,611 --> 00:19:15,571 And, sir, how many babies 453 00:19:15,571 --> 00:19:18,783 have you delivered in the past five years? 454 00:19:18,783 --> 00:19:21,369 - None. - None? 455 00:19:21,369 --> 00:19:23,704 Abby: Well, I guess that's certainly understandable. 456 00:19:23,704 --> 00:19:24,914 With all these court appearances, 457 00:19:24,914 --> 00:19:26,374 who has time to practice medicine? 458 00:19:26,374 --> 00:19:28,542 Haber: Objection! Abby: Withdrawn. 459 00:19:28,542 --> 00:19:29,668 Nothing further. 460 00:19:41,972 --> 00:19:43,891 You know, Abby and Jonathan, they wanted to be here 461 00:19:43,891 --> 00:19:45,893 but they're a little tied up with litigation right now. 462 00:19:45,893 --> 00:19:48,813 I understand. Too many lawyers can wreck an evening, anyway. 463 00:19:48,813 --> 00:19:50,564 [laughs lightly] You got that right. 464 00:19:55,027 --> 00:19:57,113 So, this place is nice. Hm. 465 00:19:57,113 --> 00:19:58,823 Sifuentes: Comfortable. Rosalind: Yes. 466 00:19:58,823 --> 00:20:00,408 But I think I'll feel more comfortable 467 00:20:00,408 --> 00:20:01,700 when I know I've passed. 468 00:20:01,700 --> 00:20:03,411 - Pardon? - Victor... 469 00:20:03,411 --> 00:20:04,829 Leland didn't arrange this dinner 470 00:20:04,829 --> 00:20:07,039 out of concern for my diet. 471 00:20:07,039 --> 00:20:08,624 I have the ever-so-slight feeling 472 00:20:08,624 --> 00:20:10,501 that I'm being tested tonight. 473 00:20:10,501 --> 00:20:12,628 Well, the scorecards are already in, Rosalind. 474 00:20:12,628 --> 00:20:13,796 You've got the job. 475 00:20:13,796 --> 00:20:16,006 So all that's left is for me 476 00:20:16,006 --> 00:20:17,425 to smooth the ruffled feathers 477 00:20:17,425 --> 00:20:19,635 of the ranking senior associate. 478 00:20:19,635 --> 00:20:21,804 [laughs lightly] 479 00:20:21,804 --> 00:20:23,514 Honey, do I look ruffled? 480 00:20:23,514 --> 00:20:26,308 Maybe it's the shirt. 481 00:20:26,308 --> 00:20:28,060 All kidding aside, Victor. 482 00:20:28,060 --> 00:20:31,355 I know my being brought in like this has got to make you wonder. 483 00:20:31,355 --> 00:20:34,442 But if you're harboring the slightest apprehension 484 00:20:34,442 --> 00:20:36,193 about what it does to your stock, 485 00:20:36,193 --> 00:20:38,237 let me be the first to squelch it. 486 00:20:38,237 --> 00:20:39,947 From everything I've heard about you, 487 00:20:39,947 --> 00:20:42,616 your future is pretty much guaranteed. 488 00:20:43,742 --> 00:20:45,536 What have you heard? 489 00:20:45,536 --> 00:20:48,873 Well, that he has the highest winning percentage in the firm. 490 00:20:48,873 --> 00:20:51,792 That Michael Kuzak and Ann Kelsey have lost cases 491 00:20:51,792 --> 00:20:54,086 that Victor Sifuentes probably would have won. 492 00:20:54,086 --> 00:20:55,963 I doubt that. 493 00:20:55,963 --> 00:20:57,423 Mike Kuzak and Ann Kelsey, they're both 494 00:20:57,423 --> 00:20:58,924 first rate trial lawyers. 495 00:20:58,924 --> 00:21:01,469 I know they are. But you're better. 496 00:21:01,469 --> 00:21:04,054 And the truth is, that you're the reason I have confidence 497 00:21:04,054 --> 00:21:06,140 in our litigation department. 498 00:21:06,140 --> 00:21:07,641 And you're the one that I would like 499 00:21:07,641 --> 00:21:10,728 handling my clients' needs in that area. 500 00:21:10,728 --> 00:21:13,481 Well, I'm flattered. 501 00:21:13,481 --> 00:21:15,399 - Here you are. - Oh boy. 502 00:21:15,399 --> 00:21:18,319 If I'm gonna get serious about dinner, I, uh, 503 00:21:18,319 --> 00:21:20,237 I have to first go to the loo. Excuse me. 504 00:21:25,493 --> 00:21:27,703 She's terrific. 505 00:21:27,703 --> 00:21:30,915 - She's poison. - What? 506 00:21:30,915 --> 00:21:33,959 "You're better than Kelsey and Kuzak. 507 00:21:33,959 --> 00:21:37,171 I want you handling my clients." 508 00:21:37,171 --> 00:21:39,381 She's playing you. 509 00:21:39,381 --> 00:21:40,800 She's probably got a double header 510 00:21:40,800 --> 00:21:42,968 scheduled tomorrow with Ann and Michael. 511 00:21:42,968 --> 00:21:46,806 I-- I don't know. She seems, uh... She seemed okay to me. 512 00:21:46,806 --> 00:21:48,891 Trust me on this one. 513 00:21:48,891 --> 00:21:50,434 That woman is trouble. 514 00:21:56,440 --> 00:21:58,943 It's your video, Arnie. You're the one who got-- 515 00:21:58,943 --> 00:22:00,152 Oh, suddenly it's my video. 516 00:22:00,152 --> 00:22:01,278 When the money's rolling in 517 00:22:01,278 --> 00:22:02,655 it's our video, but as soon as 518 00:22:02,655 --> 00:22:04,073 there's a possible judgment looming 519 00:22:04,073 --> 00:22:05,741 against us, I'm on my own. 520 00:22:05,741 --> 00:22:07,535 McKenzie: You're not on your own. 521 00:22:07,535 --> 00:22:10,371 We'll provide you with whatever legal representation you need. 522 00:22:10,371 --> 00:22:12,164 Big deal, you send Victor in there to get the firm 523 00:22:12,164 --> 00:22:13,958 off the hook, you leave me dangling. 524 00:22:13,958 --> 00:22:15,709 Arnie, that is the way judge ruled. 525 00:22:15,709 --> 00:22:17,211 Becker: Because that's the way you argued it. 526 00:22:17,211 --> 00:22:18,712 Hey, you don't like the way I handled this, 527 00:22:18,712 --> 00:22:20,297 you go represent yourself next time. 528 00:22:20,297 --> 00:22:23,342 You can believe me next time I will. 529 00:22:23,342 --> 00:22:25,594 Next time I'll know that I can only count on myself. 530 00:22:25,594 --> 00:22:27,846 Look, now if this were a malpractice case, 531 00:22:27,846 --> 00:22:29,306 it would be one thing. 532 00:22:29,306 --> 00:22:30,975 But our insurance carrier is not gonna 533 00:22:30,975 --> 00:22:32,226 kick in for breach of warranty. 534 00:22:32,226 --> 00:22:34,019 Then you kick in! 535 00:22:34,019 --> 00:22:36,522 Your hands were out for the profits, you kick in. 536 00:22:36,522 --> 00:22:38,190 He's right, we should at least 537 00:22:38,190 --> 00:22:39,817 contribute to the extent we profited. 538 00:22:39,817 --> 00:22:41,902 And more. We're sixty-forty partners. 539 00:22:41,902 --> 00:22:43,404 You people should be throwing in forty percent 540 00:22:43,404 --> 00:22:44,989 of whatever the liability is. 541 00:22:44,989 --> 00:22:47,700 Why don't you just cross-claim Dave Meyer? 542 00:22:47,700 --> 00:22:50,703 The truth is, you could lay this whole thing at his door. 543 00:22:50,703 --> 00:22:53,455 Boy, we all know how to be lawyers in here, don't we? 544 00:22:53,455 --> 00:22:55,332 We all know how to be shrewd and cold-blooded 545 00:22:55,332 --> 00:22:56,584 in the clutch, right? 546 00:22:56,584 --> 00:22:58,168 We'll give you fifty thousand. 547 00:22:58,168 --> 00:22:59,878 There's no ceiling on what you would take, Leland. 548 00:22:59,878 --> 00:23:01,213 - Why would you limit-- McKenzie: Fifty thousand. 549 00:23:01,213 --> 00:23:02,548 And that's more than we've gotten 550 00:23:02,548 --> 00:23:04,341 from this thing collectively. 551 00:23:04,341 --> 00:23:06,760 And on a sixty-forty split, that covers you up to a 552 00:23:06,760 --> 00:23:09,555 hundred and twenty-five thousand dollars in a settlement. 553 00:23:09,555 --> 00:23:11,724 You certainly can make this thing go away for that amount. 554 00:23:11,724 --> 00:23:12,766 And if I can't? 555 00:23:12,766 --> 00:23:13,809 If it's more than that, 556 00:23:13,809 --> 00:23:15,144 well, you're on your own. 557 00:23:22,610 --> 00:23:26,113 Boy, isn't it great to have partners? 558 00:23:26,113 --> 00:23:28,324 It's uplifting to know I can share my daily endeavors 559 00:23:28,324 --> 00:23:30,075 with such honorable people. 560 00:23:31,243 --> 00:23:33,621 [indistinct chatter in office] 561 00:23:35,748 --> 00:23:37,833 The common questions don't predominate. 562 00:23:37,833 --> 00:23:39,835 This is not appropriate for a class action. 563 00:23:39,835 --> 00:23:41,712 It's the same cause of action for everybody-- 564 00:23:41,712 --> 00:23:43,881 No, no, it's not! 565 00:23:43,881 --> 00:23:45,841 Some of the plaintiffs got the big bats, 566 00:23:45,841 --> 00:23:47,343 and some of them got the small ones. 567 00:23:47,343 --> 00:23:49,803 - Excuse me? - Different size bats, Judge. 568 00:23:49,803 --> 00:23:52,681 Grand prize winners got the fat bats, 569 00:23:52,681 --> 00:23:56,018 and the runners-up got the thinner model. 570 00:23:56,018 --> 00:24:00,773 What's more, some got bunters on their boxes... 571 00:24:00,773 --> 00:24:03,984 hmm, instead of a guy singing away. 572 00:24:03,984 --> 00:24:05,986 You see, if you got the big swinger 573 00:24:05,986 --> 00:24:08,572 with the fat bat, that's five thousand. 574 00:24:08,572 --> 00:24:11,241 Uh, bunt with the, uh, slimmer model, 575 00:24:11,241 --> 00:24:12,284 that's twenty-five hundred. 576 00:24:12,284 --> 00:24:13,911 Now some of these kids are just 577 00:24:13,911 --> 00:24:16,080 you know, woofing the fat bats into the bunters' hands, 578 00:24:16,080 --> 00:24:18,082 and that doesn't win anything at all. 579 00:24:18,082 --> 00:24:19,667 For God's sake. 580 00:24:19,667 --> 00:24:22,294 On top of which, you've got the whole issue of privity. 581 00:24:22,294 --> 00:24:23,337 - What? - Privity? 582 00:24:23,337 --> 00:24:24,380 Powell: Privity. 583 00:24:24,380 --> 00:24:25,714 Some of the kids actually bought 584 00:24:25,714 --> 00:24:27,633 the cereal, others didn't. 585 00:24:27,633 --> 00:24:29,927 I'm telling you, Judge, it's a thicket. 586 00:24:29,927 --> 00:24:33,263 Look, Mr. Powell, I don't care about privity, 587 00:24:33,263 --> 00:24:35,307 or skinny bats, or fat bunters. 588 00:24:35,307 --> 00:24:37,601 - But the-- - Uh, fatbats, Your Honor. 589 00:24:37,601 --> 00:24:39,436 All the players are evenly proportioned. 590 00:24:39,436 --> 00:24:41,397 It's just the size of the bats that differs from box to box. 591 00:24:41,397 --> 00:24:43,357 Judge: Alright, the point is, is that 592 00:24:43,357 --> 00:24:45,984 all of the class plaintiffs are suing your client 593 00:24:45,984 --> 00:24:47,611 for the same thing. 594 00:24:47,611 --> 00:24:49,154 You've got the same defendant, and you've got the same 595 00:24:49,154 --> 00:24:52,825 basic cause of action. The class is certified. 596 00:24:52,825 --> 00:24:54,785 Your Honor, there are so many sub-issues here, you can't-- 597 00:24:54,785 --> 00:24:57,538 I know. It's a thicket. 598 00:24:57,538 --> 00:25:00,040 The class is certified pending notice, Mr. Powell. 599 00:25:02,292 --> 00:25:04,086 Next case. 600 00:25:04,086 --> 00:25:06,171 - [laughing] You were great. - Thanks. 601 00:25:06,171 --> 00:25:08,090 I want to see you do that next time. [Moses laughs] 602 00:25:08,090 --> 00:25:09,049 Mr. Rollins. 603 00:25:10,342 --> 00:25:12,302 - Nice job. - Thanks. 604 00:25:12,302 --> 00:25:14,221 Look, we obviously can't afford 605 00:25:14,221 --> 00:25:16,890 the negative publicity of being sued by kids. 606 00:25:16,890 --> 00:25:19,893 I'd like to see this whole matter just go away post haste. 607 00:25:19,893 --> 00:25:21,895 2 o'clock tomorrow in my office. 608 00:25:21,895 --> 00:25:25,399 - We'll talk numbers. - I'll be there. 609 00:25:25,399 --> 00:25:27,609 How many of those kids have you actually tracked down? 610 00:25:27,609 --> 00:25:28,819 A little over twenty-five. 611 00:25:28,819 --> 00:25:29,862 Get as many of them there 612 00:25:29,862 --> 00:25:31,071 tomorrow as possible. 613 00:25:31,071 --> 00:25:33,032 I don't want parents. Just kids. 614 00:25:33,032 --> 00:25:35,367 And have them there by 1:00 so I can prime them. 615 00:25:35,367 --> 00:25:37,161 Why? Strategy, that's why. 616 00:25:37,161 --> 00:25:39,246 You think he's worried about publicity now? 617 00:25:39,246 --> 00:25:42,082 - Oh, boy. He's in for a treat. - Alright. 618 00:25:45,335 --> 00:25:47,963 What caused the baby's brain damage, Dr. Segal? 619 00:25:47,963 --> 00:25:51,216 Most likely it was compression of the umbilical cord, 620 00:25:51,216 --> 00:25:53,594 like Dr. Stark testified. 621 00:25:53,594 --> 00:25:55,929 But it didn't happen during delivery. 622 00:25:55,929 --> 00:25:57,347 Abby: How can you be sure? 623 00:25:57,347 --> 00:25:58,640 Dr. Segal: Because the kind of brain 624 00:25:58,640 --> 00:26:00,350 damage we're talking about. 625 00:26:00,350 --> 00:26:02,269 The compression of the cord would have to go on 626 00:26:02,269 --> 00:26:03,562 at least seven minutes. 627 00:26:03,562 --> 00:26:04,772 Now, that would have sent the heart 628 00:26:04,772 --> 00:26:06,106 monitor right off the chart. 629 00:26:06,106 --> 00:26:07,858 Not the little blips we saw. 630 00:26:07,858 --> 00:26:09,693 When do you think this happened to the baby? 631 00:26:09,693 --> 00:26:11,278 There's no way to tell. 632 00:26:11,278 --> 00:26:13,781 Obviously, the baby can't use its lungs in the womb, 633 00:26:13,781 --> 00:26:16,408 and the blood supply is provided by the mother. 634 00:26:16,408 --> 00:26:19,411 So it is possible to have a brain-damaged child 635 00:26:19,411 --> 00:26:21,288 and yet an apparently normal pregnancy. 636 00:26:21,288 --> 00:26:23,499 There's just no way to see this coming. 637 00:26:23,499 --> 00:26:26,585 But since there were some fluctuations in the monitor, 638 00:26:26,585 --> 00:26:29,004 shouldn't you have performed a C-section just to be safe? 639 00:26:29,004 --> 00:26:30,672 Absolutely not. 640 00:26:30,672 --> 00:26:33,383 C-sections have risks, too. 641 00:26:33,383 --> 00:26:36,637 Risks that outweigh any possible advantage in this situation. 642 00:26:36,637 --> 00:26:38,764 Dr. Segal, is there anything you could've done 643 00:26:38,764 --> 00:26:40,766 to save this child that you did not do? 644 00:26:41,558 --> 00:26:42,976 Dr. Segal: No. 645 00:26:42,976 --> 00:26:44,728 Thank you, doctor. I have nothing further. 646 00:26:52,736 --> 00:26:57,449 The monitor indicated some irregularities. 647 00:26:57,449 --> 00:26:59,910 - Correct? - Yes. That's correct. 648 00:26:59,910 --> 00:27:03,914 And in response to this warning, you did absolutely nothing. 649 00:27:03,914 --> 00:27:05,249 My response was exactly-- 650 00:27:05,249 --> 00:27:07,626 You did nothing, Doctor! Right? 651 00:27:07,626 --> 00:27:09,628 I proceeded to deliver the baby! 652 00:27:09,628 --> 00:27:10,671 Vaginally. 653 00:27:10,671 --> 00:27:12,506 You billed my client for this 654 00:27:12,506 --> 00:27:13,924 botched delivery, didn't you? 655 00:27:13,924 --> 00:27:15,509 - Objection, relevance. - Mr. Haber. 656 00:27:15,509 --> 00:27:16,885 I think it's very relevant, Your Honor. 657 00:27:16,885 --> 00:27:18,720 This man had the temerity to bill 658 00:27:18,720 --> 00:27:20,681 this woman thirty-five hundred dollars, 659 00:27:20,681 --> 00:27:22,099 and he just went through the motions. 660 00:27:22,099 --> 00:27:24,226 I did everything I could to save that child! 661 00:27:24,226 --> 00:27:25,936 Did the death even bother you, Doctor? 662 00:27:25,936 --> 00:27:27,437 Or did you just go back to your office 663 00:27:27,437 --> 00:27:28,605 and just whip out the invoice? 664 00:27:28,605 --> 00:27:29,898 Abby: Objection. 665 00:27:29,898 --> 00:27:31,149 Judge: Mr. Haber, you're out of order. 666 00:27:31,149 --> 00:27:32,651 - You make me sick! - Dr. Segal. 667 00:27:32,651 --> 00:27:33,902 I'll tell you what's sickening, sir. 668 00:27:33,902 --> 00:27:35,362 A doctor who makes a fatal mistake 669 00:27:35,362 --> 00:27:36,780 and then refuses to be held accountable. 670 00:27:36,780 --> 00:27:38,490 - Objection. - Objection, move to strike. 671 00:27:38,490 --> 00:27:41,285 Sustained. One more, Mr. Haber, and your in contempt. 672 00:27:41,285 --> 00:27:44,371 If I make a mistake, I expect to be held accountable. 673 00:27:44,371 --> 00:27:46,290 What I don't expect is to be blamed 674 00:27:46,290 --> 00:27:47,875 for something that isn't my fault! 675 00:27:47,875 --> 00:27:49,543 A baby died, sir, 676 00:27:49,543 --> 00:27:51,837 and all you can think about is your reputation. 677 00:27:51,837 --> 00:27:53,463 Babies die, Mr. Haber! 678 00:27:53,463 --> 00:27:55,173 No matter how hard doctors try, 679 00:27:55,173 --> 00:27:57,050 they still die sometimes. 680 00:27:57,050 --> 00:27:59,720 But if you start suing us up because we can't be God, 681 00:27:59,720 --> 00:28:02,097 then soon we won't be able to even be doctors. 682 00:28:02,097 --> 00:28:05,392 Her child is dead! 683 00:28:05,392 --> 00:28:09,271 And you think it's unfair for her to sue? 684 00:28:09,271 --> 00:28:12,316 I'm sorry for your tragedy, ma'am. 685 00:28:12,316 --> 00:28:14,026 But you're chasing after me as if there were 686 00:28:14,026 --> 00:28:18,405 some sort of guarantee. There isn't. 687 00:28:18,405 --> 00:28:19,740 And there never will be. 688 00:28:26,997 --> 00:28:29,583 So, what now, Golden Boy? 689 00:28:31,627 --> 00:28:34,588 I set up a meeting with DiNapoli and her attorney for tomorrow. 690 00:28:34,588 --> 00:28:37,132 When were you, uh, planning on telling me about this? 691 00:28:37,132 --> 00:28:40,719 - I just set it up this morning. - Right. 692 00:28:40,719 --> 00:28:43,096 I'd also rather handle this myself, Dave. 693 00:28:43,096 --> 00:28:45,515 Oh, I bet you would. But I'm not gonna let you. 694 00:28:45,515 --> 00:28:48,185 The only one I trust to look out after my interests now is me. 695 00:28:48,185 --> 00:28:51,438 Listen, we're on the same side of the table this time, Dave. 696 00:28:51,438 --> 00:28:53,649 I think I can negotiate a better deal for both of us 697 00:28:53,649 --> 00:28:57,778 if you and Sheldon let me do it alone. 698 00:28:57,778 --> 00:28:59,071 Tell me... 699 00:29:01,198 --> 00:29:02,866 What's worse, Annie? 700 00:29:02,866 --> 00:29:06,161 Getting sued or having me as a co-defendant. 701 00:29:06,161 --> 00:29:07,663 Neither one's a real pleasant experience 702 00:29:07,663 --> 00:29:08,872 if you want to know the truth. 703 00:29:08,872 --> 00:29:10,082 Well, that'll teach you to tie up 704 00:29:10,082 --> 00:29:12,000 with a trinket salesman, won't it? 705 00:29:12,000 --> 00:29:13,543 I'm not gonna play into this, Dave. 706 00:29:13,543 --> 00:29:14,670 Meyer: Into what? 707 00:29:14,670 --> 00:29:16,964 Into that tired old... 708 00:29:16,964 --> 00:29:20,133 kick-me-I'm-David Meyer routine, that's what. 709 00:29:20,133 --> 00:29:22,386 You must wish I never walked into your life. 710 00:29:22,386 --> 00:29:23,345 Becker: No, I don't. 711 00:29:25,347 --> 00:29:26,640 I wish I had been able to work out a more 712 00:29:26,640 --> 00:29:28,642 amicable divorce between you and Roxanne. 713 00:29:32,270 --> 00:29:34,231 I said some hurtful things, and I... 714 00:29:35,983 --> 00:29:37,317 I wish I hadn't. 715 00:29:38,276 --> 00:29:39,736 You really mean that? 716 00:29:40,821 --> 00:29:41,989 Yes, I do. 717 00:29:44,658 --> 00:29:46,994 You know, when I first came to you 718 00:29:46,994 --> 00:29:49,204 with this idea about the video, 719 00:29:49,204 --> 00:29:51,665 I wasn't even interested in making money. 720 00:29:51,665 --> 00:29:53,208 What did you do it for? 721 00:29:53,208 --> 00:29:56,461 I just wanted to come to the party, that's all. 722 00:29:56,461 --> 00:29:59,589 I just wanted to hear you say, "Hi, Dave, how's it going? 723 00:29:59,589 --> 00:30:01,925 Hi, Dave. Hi, partner." 724 00:30:04,261 --> 00:30:05,387 Hi, partner. 725 00:30:07,681 --> 00:30:09,391 Still? 726 00:30:09,391 --> 00:30:11,518 You bet, still. 727 00:30:11,518 --> 00:30:13,687 However rocky it's been, the truth is, 728 00:30:13,687 --> 00:30:16,106 I'm really glad I know you. 729 00:30:16,106 --> 00:30:17,941 I'm really grateful that our paths have crossed. 730 00:30:17,941 --> 00:30:20,986 And... I wouldn't give that up for anything. 731 00:30:27,242 --> 00:30:29,828 I guess it isn't just a world of woe, is it? 732 00:30:29,828 --> 00:30:31,455 No, Dave, it's not. 733 00:30:31,455 --> 00:30:33,457 And something always comes along to point that out. 734 00:30:39,463 --> 00:30:40,464 Rrrrr. 735 00:30:42,632 --> 00:30:45,052 [telephone ringing in office] 736 00:30:45,052 --> 00:30:46,011 [clears throat] 737 00:30:47,345 --> 00:30:49,056 - See ya. - Yeah. 738 00:30:51,850 --> 00:30:56,229 The gloom is lifting, Roxanne. Of this, I feel certain. 739 00:30:56,229 --> 00:30:58,732 - Arnold. Becker: Leland. Rosalind. 740 00:30:58,732 --> 00:31:00,901 Arnie, how are you? 741 00:31:00,901 --> 00:31:02,569 Dave Meyer. 742 00:31:02,569 --> 00:31:04,071 How do you do? 743 00:31:04,071 --> 00:31:06,907 - Are you an attorney here? - Me? No, no. 744 00:31:06,907 --> 00:31:09,951 I'm in the direct mail field primarily. 745 00:31:09,951 --> 00:31:11,536 You must know Digby Burnell. 746 00:31:11,536 --> 00:31:14,498 - Would that I did? Rosalind: What do you mean? 747 00:31:14,498 --> 00:31:17,334 Burnell is in the pantheon of direct mail Gods. 748 00:31:17,334 --> 00:31:20,462 He's a titan. A war lord. He's Genghis Khan. 749 00:31:21,379 --> 00:31:23,048 Roz, we should be going. 750 00:31:23,048 --> 00:31:24,758 He's been my client for about ten years. 751 00:31:24,758 --> 00:31:26,468 If you ever wanna meet him, just let me know. 752 00:31:26,468 --> 00:31:28,678 Naturally, I'm loathe to capitalize 753 00:31:28,678 --> 00:31:30,263 on your relationship with him. 754 00:31:33,975 --> 00:31:37,270 I expect that this firm 755 00:31:37,270 --> 00:31:39,940 will realize its appropriate share 756 00:31:39,940 --> 00:31:42,192 should you and Digby go forward with a venture. 757 00:31:42,192 --> 00:31:44,319 Oh, I w-- I would offer it up joyously. 758 00:31:46,655 --> 00:31:48,365 Digby Burnell, please. 759 00:31:48,365 --> 00:31:50,367 This is Rosalind Shays. 760 00:31:50,367 --> 00:31:51,993 Good God! 761 00:31:51,993 --> 00:31:54,538 What an extraordinary woman! 762 00:31:54,538 --> 00:31:56,039 [grumbles lightly] Yeah. 763 00:31:56,039 --> 00:31:57,874 Okay, they've indicated 764 00:31:57,874 --> 00:31:59,876 they'll go for two hundred and fifty thousand, 765 00:31:59,876 --> 00:32:01,628 and your insurance company will cover it. 766 00:32:03,547 --> 00:32:05,757 No. No. 767 00:32:05,757 --> 00:32:08,844 Dr. Segal, we can make this whole thing go away right now. 768 00:32:08,844 --> 00:32:10,345 I wasn't negligent. 769 00:32:10,345 --> 00:32:12,514 I'm not going to say I was by settling. 770 00:32:12,514 --> 00:32:14,975 We can structure it with no admissible liability. 771 00:32:14,975 --> 00:32:16,601 - That way-- Dr. Segal: Oh, come on. 772 00:32:16,601 --> 00:32:18,520 You fork over a quarter of a million dollars, 773 00:32:18,520 --> 00:32:19,813 you're admitting guilt. 774 00:32:19,813 --> 00:32:21,815 I do have a reputation to think about. 775 00:32:21,815 --> 00:32:24,025 - Kelsey: Dr. Segal-- - Ms. Kelsey, look. 776 00:32:24,025 --> 00:32:26,278 I'm a young doctor, I'm building a practice. 777 00:32:26,278 --> 00:32:28,572 I'm not going to say I screwed up when I know I didn't. 778 00:32:28,572 --> 00:32:30,157 Yes, you are a young doctor, 779 00:32:30,157 --> 00:32:32,576 so let's talk about the realities of practicing medicine 780 00:32:32,576 --> 00:32:34,202 in the real world. 781 00:32:34,202 --> 00:32:36,454 Doctors get sued when they've done nothing wrong. 782 00:32:36,454 --> 00:32:39,416 Doctors lose suits when they've done nothing wrong. 783 00:32:39,416 --> 00:32:41,126 You want to go into court and fight every time 784 00:32:41,126 --> 00:32:42,836 you happen to be right, fine. 785 00:32:42,836 --> 00:32:44,379 You will spend your entire career 786 00:32:44,379 --> 00:32:46,548 in depositions and witness chairs. 787 00:32:46,548 --> 00:32:48,216 And no insurance company is gonna carry you. 788 00:32:48,216 --> 00:32:50,552 So you're saying I've got to bend over and take it 789 00:32:50,552 --> 00:32:52,554 because that's the cost of doing business? 790 00:32:52,554 --> 00:32:53,930 Abby: That's the big picture. 791 00:32:53,930 --> 00:32:54,973 The immediate picture is we 792 00:32:54,973 --> 00:32:56,057 could lose this case. 793 00:32:56,057 --> 00:32:57,475 And the way your coverage reads, 794 00:32:57,475 --> 00:32:59,853 you could be on the hook personally for anything 795 00:32:59,853 --> 00:33:02,147 over a two hundred and fifty thousand dollar verdict. 796 00:33:02,147 --> 00:33:03,190 I don't think you should risk it. 797 00:33:03,190 --> 00:33:04,399 I'm not settling. 798 00:33:04,399 --> 00:33:05,734 If they come in at half a million, 799 00:33:05,734 --> 00:33:08,278 you're gonna have to sell your house. 800 00:33:08,278 --> 00:33:09,946 I wasn't negligent. 801 00:33:09,946 --> 00:33:12,657 That baby didn't die because of me. 802 00:33:12,657 --> 00:33:14,034 No deal. 803 00:33:14,034 --> 00:33:16,453 [instrumental music] 804 00:33:34,804 --> 00:33:36,806 There's really no merit to her case? 805 00:33:36,806 --> 00:33:38,850 Roxanne, this woman is a bottom feeder. 806 00:33:38,850 --> 00:33:41,311 Whatever works its way down to her, she eats. 807 00:33:41,311 --> 00:33:43,355 She's a professional victim. 808 00:33:43,355 --> 00:33:45,899 She wakes up in the morning, realizes her life is trash, 809 00:33:45,899 --> 00:33:48,235 and asks, who can I sue? 810 00:33:48,235 --> 00:33:51,238 She collects injustice like some people collect stamps. 811 00:33:51,238 --> 00:33:52,989 I'd like to crush her with a rock. 812 00:33:53,949 --> 00:33:55,533 Ladies. 813 00:33:55,533 --> 00:33:57,244 - Arnie. Becker: Ms. DiNapoli. 814 00:33:57,244 --> 00:33:58,995 How do you do, Mr. Becker? 815 00:33:58,995 --> 00:34:00,288 Could I get you anything? 816 00:34:00,288 --> 00:34:01,748 Cup of coffee? Something cold to drink? 817 00:34:01,748 --> 00:34:02,832 Adair: No, thank you. DiNapoli: No. 818 00:34:02,832 --> 00:34:04,084 Thanks, Rox. 819 00:34:04,084 --> 00:34:06,628 In that case, why don't we get started? 820 00:34:06,628 --> 00:34:09,756 This is the figure that I'm thinking of. 821 00:34:14,052 --> 00:34:17,889 [laughs] Well, your thinking needs adjustment. 822 00:34:17,889 --> 00:34:19,557 Why don't you show it to your client? 823 00:34:21,142 --> 00:34:22,102 Denise. 824 00:34:24,646 --> 00:34:27,148 - You think this is low? - Oh, yes. I do. 825 00:34:27,148 --> 00:34:28,775 Becker: I'd like you to consider something. 826 00:34:28,775 --> 00:34:31,069 That figure is payable in full immediately 827 00:34:31,069 --> 00:34:33,905 upon the signing of a release that would cover me 828 00:34:33,905 --> 00:34:36,032 and cover Dave Meyer as well. 829 00:34:36,032 --> 00:34:39,494 If you accept it, we can dispose of this matter amicably, 830 00:34:39,494 --> 00:34:42,372 I'm willing to review the agreement 831 00:34:42,372 --> 00:34:44,833 that you and your husband worked out. 832 00:34:44,833 --> 00:34:47,127 I'm willing to advise you. 833 00:34:47,127 --> 00:34:48,461 I'm willing to serve as your attorney 834 00:34:48,461 --> 00:34:49,879 should you choose to engage me. 835 00:34:49,879 --> 00:34:51,298 [laughs] I'm her attorney. 836 00:34:51,298 --> 00:34:53,133 You're not a matrimonial attorney, Leah. 837 00:34:53,133 --> 00:34:54,968 How much less is this amount 838 00:34:54,968 --> 00:34:56,720 than what you would consider a good settlement? 839 00:34:56,720 --> 00:34:58,179 It's considerably less. 840 00:34:58,179 --> 00:35:00,307 Becker: Forgive me, but I would beg to differ. 841 00:35:00,307 --> 00:35:03,893 If you reject that offer, you and I will go to court. 842 00:35:03,893 --> 00:35:07,564 Papers will be drawn, depositions held. 843 00:35:07,564 --> 00:35:09,316 All the while, you'll be paying Leah somewhere in 844 00:35:09,316 --> 00:35:11,943 the neighborhood of two hundred and fifty dollars an hour. 845 00:35:11,943 --> 00:35:14,529 I, on the other hand, will represent myself. 846 00:35:14,529 --> 00:35:17,365 The earliest possible date that our dispute would come to trial 847 00:35:17,365 --> 00:35:20,035 would be in, Leah, you can bear me out on this 848 00:35:20,035 --> 00:35:22,454 sometime in 1994. 849 00:35:22,454 --> 00:35:25,582 After trial, if you're awarded much more than this, 850 00:35:25,582 --> 00:35:27,250 I will simply appeal. 851 00:35:27,250 --> 00:35:29,753 That process should take us into 1996. 852 00:35:31,338 --> 00:35:34,341 Even if you win every step of the way, 853 00:35:34,341 --> 00:35:39,095 considering your legal fees, the rate of inflation... 854 00:35:39,095 --> 00:35:41,097 I'd be surprised if you broke even. 855 00:35:42,515 --> 00:35:45,060 Leah, I'm accepting his offer. 856 00:35:47,646 --> 00:35:50,023 Mr. Becker, I'll have my divorce file sent right over. 857 00:35:50,023 --> 00:35:51,483 - Call me Arnie. - Arnie. 858 00:35:51,483 --> 00:35:53,443 I look forward to hearing what you think. 859 00:35:53,443 --> 00:35:55,779 You'll hear from me early next week. 860 00:35:55,779 --> 00:35:56,738 Leah. 861 00:35:57,572 --> 00:35:59,449 Yes? 862 00:35:59,449 --> 00:36:01,451 Becker: It's always a pleasure. 863 00:36:01,451 --> 00:36:02,410 Mm-hmm. 864 00:36:09,626 --> 00:36:11,252 I hate you both. 865 00:36:15,548 --> 00:36:20,970 Oh, yes, Dr. Segal said that they did everything they could, 866 00:36:20,970 --> 00:36:23,390 and they put up all of these other doctors 867 00:36:23,390 --> 00:36:25,725 to say that he wasn't negligent. 868 00:36:27,143 --> 00:36:29,771 Doctors do that for each other. 869 00:36:29,771 --> 00:36:31,606 They stick together. 870 00:36:31,606 --> 00:36:35,235 Because if any doctor gets sued, it's bad for all of them. 871 00:36:35,235 --> 00:36:36,569 But occasionally... 872 00:36:37,904 --> 00:36:41,241 a physician is honest 873 00:36:41,241 --> 00:36:43,493 and says what really happened. 874 00:36:43,493 --> 00:36:46,329 Dr. Stark reviewed these records. 875 00:36:46,329 --> 00:36:51,710 He told you... that Dr. Segal should have saved this baby. 876 00:36:53,169 --> 00:36:54,629 And he didn't. 877 00:36:54,629 --> 00:36:58,091 He told you that because that man did nothing, 878 00:36:58,091 --> 00:37:01,261 a little baby's life ended. 879 00:37:01,261 --> 00:37:05,181 A bereaved mother has to deal with that. 880 00:37:05,181 --> 00:37:07,100 He should have to deal with it, too. 881 00:37:18,153 --> 00:37:20,864 You've heard seven independent 882 00:37:20,864 --> 00:37:24,284 and objective experts tell you that Dr. Segal 883 00:37:24,284 --> 00:37:25,618 was not negligent. 884 00:37:27,454 --> 00:37:29,581 The only thing they have to counter is the honorable 885 00:37:29,581 --> 00:37:32,792 Dr. Stark, a professional witness who, for a fee, 886 00:37:32,792 --> 00:37:34,752 will say anything Mr. Haber wants him to. 887 00:37:36,546 --> 00:37:38,423 No matter how much you sympathize 888 00:37:38,423 --> 00:37:39,841 with Mrs. Blanchard... 889 00:37:42,427 --> 00:37:44,429 she has no case. 890 00:37:44,429 --> 00:37:47,932 I got up and attacked this poor woman the other day 891 00:37:47,932 --> 00:37:52,312 because I desperately wanted it to be her fault. 892 00:37:52,312 --> 00:37:54,981 And you know what? 893 00:37:54,981 --> 00:37:57,525 If it couldn't be her fault, I secretly wanted it to be his. 894 00:37:59,027 --> 00:38:00,820 Because, like her, 895 00:38:00,820 --> 00:38:04,157 the last thing I wanted to accept 896 00:38:04,157 --> 00:38:06,201 was that these things just happen. 897 00:38:07,744 --> 00:38:09,829 She screwed up, he screwed up, 898 00:38:09,829 --> 00:38:11,790 somebody did something wrong, please, 899 00:38:11,790 --> 00:38:13,958 because little babies don't just die. 900 00:38:15,251 --> 00:38:16,377 They can't. 901 00:38:21,674 --> 00:38:22,884 But they do. 902 00:38:24,552 --> 00:38:26,763 I've picked out a name for my baby. 903 00:38:26,763 --> 00:38:28,515 I've even bought clothes. 904 00:38:28,515 --> 00:38:30,892 Some pink, some blue. 905 00:38:30,892 --> 00:38:34,354 My husband and I have looked forward to this for so long 906 00:38:34,354 --> 00:38:37,065 that we're totally prepared for everything. 907 00:38:39,234 --> 00:38:42,362 Except for the possibility that something could go wrong. 908 00:38:44,989 --> 00:38:49,410 But the reality is... it could. 909 00:38:49,410 --> 00:38:52,956 The reality is that doctors can do everything right 910 00:38:52,956 --> 00:38:54,666 like Dr. Segal did, 911 00:38:54,666 --> 00:38:57,293 and mothers can do everything right, 912 00:38:57,293 --> 00:39:00,880 and an innocent little child still doesn't make it. 913 00:39:02,507 --> 00:39:05,051 I know you don't want to accept that. 914 00:39:05,051 --> 00:39:09,556 God knows, she and I don't want to accept that. 915 00:39:09,556 --> 00:39:12,684 But...we have to. 916 00:39:18,481 --> 00:39:20,567 We have to. 917 00:39:20,567 --> 00:39:22,944 [instrumental music] 918 00:39:37,584 --> 00:39:39,919 [kids yelling] 919 00:39:41,546 --> 00:39:43,756 Okay, kids, let's settle down now. 920 00:39:43,756 --> 00:39:45,258 Alright. Come on. Come on. Get off the table now. 921 00:39:45,258 --> 00:39:46,801 Off the table, please. 922 00:39:46,801 --> 00:39:48,803 Please. Alright, now listen. 923 00:39:48,803 --> 00:39:50,847 The cereal company has just proposed 924 00:39:50,847 --> 00:39:54,100 a new settlement offer of eight hundred dollars. 925 00:39:55,059 --> 00:39:56,811 Kids [in unison]: Boooo! 926 00:39:56,811 --> 00:39:59,522 Oh, for God's sake, I can't run a law suit like this. 927 00:39:59,522 --> 00:40:01,608 They are the clients, Mr. Powell. I can't ignore that. 928 00:40:01,608 --> 00:40:03,526 This is bloody extortion. 929 00:40:03,526 --> 00:40:05,278 The film crew is due here in thirty minutes. 930 00:40:05,278 --> 00:40:07,071 Good. Help Jonathan calm the troops. 931 00:40:07,071 --> 00:40:08,531 Excuse me. 932 00:40:08,531 --> 00:40:10,366 This is crazy. I mean, it's just crazy. 933 00:40:10,366 --> 00:40:12,910 Brackman: There's nothing crazy about calling a press conference 934 00:40:12,910 --> 00:40:15,330 to announce a class action of human interest. 935 00:40:15,330 --> 00:40:17,498 That's crap, you're trying to jack me up 936 00:40:17,498 --> 00:40:18,750 with the threat of more publicity, 937 00:40:18,750 --> 00:40:20,209 so that I'll roll over and-- 938 00:40:20,209 --> 00:40:21,586 [camera shutters clicking] 939 00:40:21,586 --> 00:40:23,504 What the hell is this? 940 00:40:23,504 --> 00:40:25,465 The named plaintiff. 941 00:40:25,465 --> 00:40:27,383 The newspapers might want headshots. 942 00:40:27,383 --> 00:40:28,718 That's blackmail. 943 00:40:28,718 --> 00:40:30,803 Using kids as food for the press. 944 00:40:30,803 --> 00:40:34,015 A-- a retarded man as a poster boy. A... 945 00:40:34,015 --> 00:40:36,225 Oh, for God's sake. 946 00:40:36,225 --> 00:40:40,772 Look, Mr. Powell, you can't risk this lawsuit. 947 00:40:40,772 --> 00:40:44,651 Aside from the publicity, you're looking at protracted litigation 948 00:40:44,651 --> 00:40:47,195 with a half million dollars of exposure. 949 00:40:47,195 --> 00:40:49,864 Not to mention the damage, public relations-wise. 950 00:40:49,864 --> 00:40:52,325 I'm offering you a quick out 951 00:40:52,325 --> 00:40:54,702 for twelve hundred dollars per person. 952 00:40:54,702 --> 00:40:57,372 - This is totally unethical. - Tell it to the ABA. 953 00:40:57,372 --> 00:41:00,667 The press conference starts in 26 minutes, 954 00:41:00,667 --> 00:41:03,378 and this has got to make the networks. 955 00:41:03,378 --> 00:41:04,587 Photographer: Excuse me, I'd like to get a shot 956 00:41:04,587 --> 00:41:05,630 of the three of you together. 957 00:41:05,630 --> 00:41:07,966 No! No! 958 00:41:07,966 --> 00:41:10,343 Twelve hundred if it's done today. 959 00:41:10,343 --> 00:41:12,136 Get these kids out of here. 960 00:41:12,136 --> 00:41:14,263 And the only thing that gets to the press is a statement 961 00:41:14,263 --> 00:41:18,309 from both of us that this whole thing is over. 962 00:41:18,309 --> 00:41:20,311 I have to run it by the guardians, 963 00:41:20,311 --> 00:41:23,147 but you can consider it done. 964 00:41:23,147 --> 00:41:25,316 You should be ashamed of yourself. 965 00:41:25,316 --> 00:41:27,485 Rollins: So what's gonna happen is Mr. Brackman's gonna come in 966 00:41:27,485 --> 00:41:29,320 here and he's gonna help you all get some money, okay? 967 00:41:29,320 --> 00:41:31,906 - Do you like ice cream? Kids [in unison]: Yeah! 968 00:41:31,906 --> 00:41:33,116 Twelve hundred a piece. 969 00:41:33,116 --> 00:41:35,493 Kids [in unison]: [cheering] Yeah! 970 00:41:36,327 --> 00:41:37,745 Way to go, Doug. 971 00:41:37,745 --> 00:41:39,706 I can't believe you actually pulled it off! 972 00:41:39,706 --> 00:41:40,915 I'm good. [Moses laughs] 973 00:41:40,915 --> 00:41:42,208 Merry Christmas, kids. 974 00:41:42,208 --> 00:41:45,253 Kids [in unison]: Merry Christmas! 975 00:41:48,798 --> 00:41:51,134 Judge: Foreperson, has the jury reached its verdict? 976 00:41:51,134 --> 00:41:54,012 - We have, Your Honor. Judge: What say you? 977 00:41:54,012 --> 00:41:56,305 Foreman: In the matter of Blanchard v. Segal, 978 00:41:56,305 --> 00:41:58,307 we find in favor of the defendant. 979 00:41:58,307 --> 00:42:00,184 [indistinct murmurs] 980 00:42:00,184 --> 00:42:03,104 Oh, wow. [both laughs] Oh, thank you. 981 00:42:03,104 --> 00:42:04,355 Judge: Members of the jury, thank you 982 00:42:04,355 --> 00:42:06,065 very much for your service. 983 00:42:06,065 --> 00:42:08,943 This case is completed. And we're adjourned. 984 00:42:11,279 --> 00:42:13,823 [instrumental music in the restaurant] 985 00:42:13,823 --> 00:42:15,742 Another knife in the ribs, another reminder 986 00:42:15,742 --> 00:42:18,411 that your partners aren't your friends. 987 00:42:18,411 --> 00:42:20,621 Arnie, enough already. 988 00:42:20,621 --> 00:42:23,291 You settled. You're done with it. 989 00:42:23,291 --> 00:42:25,501 I also know more about the people I work with. 990 00:42:25,501 --> 00:42:27,378 So that's good. 991 00:42:27,378 --> 00:42:30,173 Painful but necessary. 992 00:42:30,173 --> 00:42:31,132 Right. 993 00:42:33,926 --> 00:42:35,678 Relationships change. 994 00:42:38,181 --> 00:42:39,766 That's right. They do. 995 00:42:41,476 --> 00:42:42,727 What do you mean? 996 00:42:44,020 --> 00:42:46,814 I mean relationships change. 997 00:42:46,814 --> 00:42:49,233 You just changed the subject, didn't you? 998 00:42:49,233 --> 00:42:50,485 Yes, I did. 999 00:42:50,485 --> 00:42:52,403 So what are we talking about now? 1000 00:42:52,403 --> 00:42:54,238 [music continues] 1001 00:42:54,238 --> 00:42:55,823 [sighs] 1002 00:42:55,823 --> 00:42:57,033 We're talking about the fact that 1003 00:42:57,033 --> 00:42:59,827 Chloe's staying with her father. 1004 00:42:59,827 --> 00:43:04,916 We're talking about you taking me home and me asking you in. 1005 00:43:04,916 --> 00:43:07,877 We're talking about what happens then. 1006 00:43:09,378 --> 00:43:10,797 What does happen then? 1007 00:43:12,215 --> 00:43:15,301 Well, a number of things might happen. 1008 00:43:15,301 --> 00:43:17,970 We could [inhales] remain cautious 1009 00:43:17,970 --> 00:43:19,806 and back away from each other. 1010 00:43:22,100 --> 00:43:25,019 We could rip each other's clothes off. 1011 00:43:25,019 --> 00:43:28,815 Or we could rip each other's clothes off. [laughs] 1012 00:43:28,815 --> 00:43:31,275 You think that would be a good idea? 1013 00:43:31,275 --> 00:43:33,152 I think relationships change. 1014 00:43:35,571 --> 00:43:37,990 [engine rumbling] 1015 00:43:42,578 --> 00:43:43,996 I'll just be a minute. 1016 00:44:03,057 --> 00:44:04,809 [doorbell rings] 1017 00:44:11,566 --> 00:44:13,860 Thank you for letting me come. 1018 00:44:13,860 --> 00:44:16,195 I wanted to see you in person. 1019 00:44:16,195 --> 00:44:17,154 Okay. 1020 00:44:18,573 --> 00:44:20,324 I don't think I ever let you know... 1021 00:44:21,993 --> 00:44:24,871 how truly sorry I am for your loss. 1022 00:44:24,871 --> 00:44:26,873 I never had any doubt about that. 1023 00:44:29,876 --> 00:44:33,212 You know... when it happened... 1024 00:44:34,922 --> 00:44:36,716 people told me, 1025 00:44:36,716 --> 00:44:38,342 "Better it happened like that 1026 00:44:38,342 --> 00:44:40,928 than after a month or a year." 1027 00:44:40,928 --> 00:44:43,389 Better that I never had the chance to get attached. 1028 00:44:45,308 --> 00:44:49,979 How can they think... that you can carry a life around 1029 00:44:49,979 --> 00:44:53,774 inside you for nine months and not be attached? 1030 00:44:53,774 --> 00:44:54,901 Yeah. 1031 00:44:57,528 --> 00:45:00,656 [laughs] It's funny how things go, Ms. Kelsey. 1032 00:45:02,909 --> 00:45:04,660 You were my enemy in there. 1033 00:45:05,745 --> 00:45:08,331 And still, I knew that... 1034 00:45:08,331 --> 00:45:11,459 you were the only one who could understand. 1035 00:45:11,459 --> 00:45:13,669 [instrumental music] 1036 00:45:13,669 --> 00:45:15,713 I wish you the best. 1037 00:45:15,713 --> 00:45:17,715 I wish you the best too. 1038 00:45:28,935 --> 00:45:29,894 [door closes] 1039 00:45:31,687 --> 00:45:33,314 [sighs] 1040 00:45:44,408 --> 00:45:46,869 [theme music] 78986

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