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I say this...
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00:00:02,502 --> 00:00:04,713
you hire a divorce lawyer
to represent
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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.
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00:00:14,681 --> 00:00:16,183
Becker: The sooner, the better.
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00:00:16,183 --> 00:00:17,893
Don't do me any favors, Arnie.
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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.
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00:00:28,070 --> 00:00:29,529
You're right, if I had been,
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00:00:29,529 --> 00:00:30,572
I wouldn't have
gotten involved with you.
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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
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00:00:38,288 --> 00:00:40,791
of bucolic imagery in
Southern California right here.
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00:00:40,791 --> 00:00:42,417
Well, between that
and your smut collection,
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00:00:42,417 --> 00:00:43,669
I'm in a real class environment.
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00:00:43,669 --> 00:00:45,546
Oh, don't put on
airs with me, Arnie.
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00:00:45,546 --> 00:00:47,839
This is Dave, remember?
I know you too well.
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00:00:47,839 --> 00:00:50,717
Oh yeah? Well, here's something
you don't know, Dave.
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00:00:50,717 --> 00:00:52,427
I don't need the money this bad.
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00:00:52,427 --> 00:00:53,762
Fine.
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00:00:53,762 --> 00:00:55,681
[Allison sighs] Arnie...
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I know you can get through this.
30
00:00:59,518 --> 00:01:01,770
Allison, I suffer a lot
from difficult individuals
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00:01:01,770 --> 00:01:04,314
with what I do, but
this guy is too much.
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00:01:04,314 --> 00:01:08,068
Listen to me.
Dave has a real problem.
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00:01:08,068 --> 00:01:10,946
No matter how hard he works, no
matter how much money he makes,
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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.
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00:01:16,201 --> 00:01:18,620
[indistinct chatter]
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Do you want me to stay?
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00:01:23,542 --> 00:01:24,835
Yes, I do.
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00:01:26,253 --> 00:01:27,212
Okay.
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00:01:29,464 --> 00:01:33,093
How could you ever have opted
for Sifuentes instead of me?
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00:01:33,093 --> 00:01:34,386
I don't know how many times
I've asked
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00:01:34,386 --> 00:01:36,054
myself that very same question.
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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.
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00:01:44,229 --> 00:01:46,023
Cheryl: I'm also here
promoting a video.
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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.
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00:01:59,995 --> 00:02:01,288
Big smiles, everybody.
54
00:02:02,748 --> 00:02:03,790
[camera shutter closes]
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00:02:03,790 --> 00:02:04,833
Photographer: Beautiful.
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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,
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00:04:05,495 --> 00:04:07,205
I've shifted, excuse me,
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00:04:07,205 --> 00:04:09,499
the source of our dietary
supplementation
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00:04:09,499 --> 00:04:12,878
to Jocko's cereal, a crunchy
snack that's high fiber,
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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,
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00:04:25,849 --> 00:04:29,436
which contest
we won this morning,
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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?
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00:04:33,315 --> 00:04:34,900
Brackman: Each box contains
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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,
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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.
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00:04:49,706 --> 00:04:51,249
Well, that's very good, Douglas.
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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.
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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
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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
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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
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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
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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.
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00:05:37,462 --> 00:05:41,174
Brackman: Well, well, well. Nice
of you to join us this morning.
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00:05:41,174 --> 00:05:43,218
Yeah, well, I got an unexpected
surprise last night
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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?
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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
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00:05:52,185 --> 00:05:54,354
on my advice
and it ruined her life.
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00:05:54,354 --> 00:05:55,897
And she actually filed suit?
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00:05:55,897 --> 00:05:57,858
You can wipe the smile off,
Doug.
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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
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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
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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.
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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
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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,
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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
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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.
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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.
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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.
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00:07:44,756 --> 00:07:47,342
I just remember pushing
as hard as I could.
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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.
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00:07:55,892 --> 00:07:57,644
What happened next,
Mrs. Blanchard?
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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.
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00:08:20,417 --> 00:08:22,585
Haber: I know this is painful
for you, ma'am,
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00:08:22,585 --> 00:08:24,504
but can you tell us what
happened next?
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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.
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00:08:36,141 --> 00:08:39,018
And I was screaming at them to
tell me what was going on.
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00:08:40,729 --> 00:08:43,189
Dr. Segal, he said that
my little boy was dead.
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00:08:47,277 --> 00:08:49,070
Haber: I have nothing further.
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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?
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00:08:57,370 --> 00:08:59,748
[sniffles] I guess.
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00:08:59,748 --> 00:09:03,752
But [sniffles] then I found out
after that maybe he didn't.
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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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