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Previously on The Practice.
- I think we should take it. - Sorry, Jimmy.
- I think we should take it too. - What? Why?
Because 11 people in a two-mile radius got cancer.
Dates scare me,
especially the first-kiss part.
We both agreed, if either of us met somebody who could--
It doesn't bother you? I'll make do with the memories.
Maybe we should celebrate that we were able to keep the secret,
and it was some secret while it lasted.
[ Shower Running ] It's a summary judgment hearing.
All you have to do is show some dispute of fact.
Jimmy, it's 10:00 at night. I'm tired.
I'm gonna take a shower and go to bed.
I'll call you in the morning, okay? Bye.
Oh, great.
- Sorry. - Oh, it's okay.
Gave me more time to lather.
[ Moaning ]
[ Grunts, Groans ]
[ Chuckles ] Are you okay?
Yeah. Don't you hate it when that happens?
Mmm. Mmm.
[ Panting ]
Oh. Bobby, turn it off. Huh?
The shower. The shower. Oh.
Okay. Okay.
[ Phone Rings ] Oh.
Uh, don't, uh-- uh, get that.
Uh, hello.
You gotta be kidding me.
Cowley?
This is for the Isikoff warrant, right?
Well--
Well, I think he still passes Aguilar on the facts.
You don't have to put that in the proffer.
All right. Let me know.
Problem? A big search warrant.
Our informant has suddenly revealed he was Abraham Lincoln in a past life.
You think we need to disclose that to the magistrate?
Well, let's-- let's get out our criminal...
procedure... books.
Let's review.
[ Line Ringing ]
[ Cell Door Opens, Closes ]
[ Sirens Wailing ]
[ Thunder Rumbling ]
What's the emergency? Our big dealer in Jamaica Plain. Is his name Isikoff?
Bobby, you said I wouldn't have to do-- This isn't about that.
I just want to know, is his name Isikoff? John Isikoff. Yeah. Why?
We took his retainer? Took his retainer? We pay our rent with the interest.
So we still do represent him? Somewhat.
Oh, no. What?
He's about to get raided. He is? But who--
Helen got a call last night. Trouble with an informant.
It was a warrant for Isikoff. You were at Helen's?
Maybe it was another Isikoff. A different one.
Bobby, "Isikoff" isn't very common.
We just happen to represent one who's a major cartel player.
The D.A. just happens to have one scheduled for a raid.
I would make a wild guess that it's the same guy. [ Sighs ]
So what do we do?
- We let him know. - Yeah, but I got the information by--
It doesn't matter how you got it, Bobby.
You got knowledge that a client is about to get raided. We can't not tell him.
I don't believe this.
You'd better notify this guy fast too.
If this is goin' to the magistrate today, the raid won't be far behind.
Basically, it's a legal motion.
They're claiming, as a matter of law, we can't win.
So they're asking the judge to kick it.
But you expect us to get by it.
Well, we expect to because the benefit of the doubt goes to the plaintiff.
- But-- - But what?
But Judge Walsh is famous for trying to keep the docket down.
He practically crusades against, well, dubious claims.
And us getting cancer? We shouldn't waste the court's time?
It's not that. It's the connection between cancer and power lines.
Isn't that what a trial is for? To prove our case?
The truth is, judges are becoming more inclined to toss out cases they don't like,
and this judge in particular--
[ Jimmy ] We expect to survive this.
But it's no lock.
[ Horn Honks ]
What's the matter? You know a guy named Cowley?
Jackie Cowley. Why? The D.A.'s gone in to get a warrant.
You're about to get hit, maybe any second.
What are you talking about? As we speak, you're about to get raided.
Helen. Hey.
So, Bobby was over last night, huh? He told you?
Well, not really. It kind of slipped out. How'd it go?
You mean, how far did it go? Yeah. How far?
Well, all I'll say is, anything further would be uncharted territory for me.
Really? I mean, for you-- Don't even go there.
So he-- I mean-- It was good?
It was huge. Yeah. I don't know what happened.
But for a guy who was so stuck in neutral--
Maybe he went out and hired a surrogate to get himself unstuck.
[ Laughing ]
Huh.
- You think you could have been any more discouraging? - Sorry?
I'm trying to prop these people up, give them somethin' to hope for a little.
- Why? - Why?
Yeah. Why? This case is a Hail Mary, Jimmy. They gotta know that.
You go into somethin' thinking you're gonna lose, you usually lose.
That's my experience.
I want that judge to look out there and see people...
who feel they have a right to be sitting in that courtroom,
not people apologizing for taking up his time.
I understand that, Jimmy. I do.
But the best way to accomplish that is by telling your clients exactly that.
- Don't mislead them. - If you don't wanna be with me, you don't gotta be with me.
Okay. Fine.
- So, does that mean you're with me or not? - Yes, Jimmy, I am with you.
Bobby? Bobby, come look at this!
What? Just hurry!
[ Man On TV ] Janet, what can you tell us about what's happening down there?
At this point, three officers have been confirmed dead, as well as two suspects.
A third man, identified as Jack Cowley, was also killed,
but police think this was an execution-style hit.
He was found inside a body bag.
The two wounded suspects were taken to Saint Elizabeth in critical condition.
Any reports on what caused the shoot-out, Janet?
Well, it seems it started off as a routine drug raid,
but police believe the suspects were tipped off.
They were waiting with guns, packing up, trying to get out, when the police arrived,
and they had a lot more firepower than the police.
It was a gruesome bloodbath here, Tom.
I'm Mr. Isikoff's attorney. Nobody goes inside.
Well, I'm sure my client wants to see his lawyer. Why don't you go ask him?
Bobby? Hey. Mike.
Um, I'm sorry to hear about your men.
Yeah. I should see him.
Let him in.
[ Machinery Beeping, Hissing ]
I told them that you're represented by counsel.
They've been instructed not to ask you anything.
But three cops are dead,
so I'm not expecting your constitutional rights to have top priority.
John, I may stick a man in here. We'll see how it goes.
For now, you just-- just concentrate on getting stronger.
This man's your client?
Yeah.
[ Woman On P.A. ] Dr. Ramirez, Ward 318.
[ Elevator Bell Dings ]
[ Elevator Doors Closing ]
Are you okay? No.
What's goin' on?
I think I know the source of the tip.
Bobby Donnell.
How would he have known?
I think I told him.
A review of the depositions and interrogatories reveals...
there are simply no facts to support the claim...
that electric and magnetic fields cause cancer.
Your Honor, the complaint states paragraph after paragraph...
of factual facts which support the claim.
At trial, we intend to offer evidence in support of these... factual facts.
Well, we could allege the alignment of the stars as a possible defense,
and I suppose that, too, would be a factual fact in dispute.
I don't think you have to get like that.
Actually, Mr. Berluti, I'm afraid I do.
And this brings me to the portion of today's argument that I don't find pleasant--
our Rule 11 motion.
You really intend to argue that, counsel?
I do so reluctantly, Your Honor.
It is certainly not my habit to seek sanctions against other attorneys,
but I think this is a particularly egregious situation.
Can we at least finish with the summary judgment arguments before the personal attacks?
No, the attack is not personal in spirit, and it is certainly relevant to today's hearing.
Our position is basically that they have no case...
and it's no coincidence that this is the attorney claiming that they do.
With your permission, Your Honor?
Do you know me? You shouldn't. No reason to.
I'm just a down-in-the-trenches lawyer who does cases that'll never be in the newspapers.
Unexciting stuff, except to the people involved...
'cause their injuries are real...
and the money I get for them is real.
Somebody bang into your car lately?
Has a ladder fallen on your head? You step into a pothole?
Go to a big firm. See how much they care.
Then come to me. Think nobody will fight for you?
You're just a grunt. I'm a grunt.
There's a lawyer out there for you. It's me.
Just dial the number: 555-GRNT.
And ask for Jimmy. I'll get you money.
Well, I think this advertisement makes the point.
"Jimmy the Grunt" is a lawyer who will push forward with anything.
This is an attorney who, as our documents will show,
falsified bank records in order to secure funds for his firm.
That's stealing.
This is an attorney who was very recently arrested for soliciting a prostitute.
This is an attorney who demeans our profession.
And he continues to do so today by prosecuting a claim he knows he can't make.
You don't know what I can or can't make.
I know that you are pandering to cancer victims, and I find that very unfortunate.
What's unfortunate is this cheap ambush, Your Honor, which isn't relevant to any--
It's relevant to a Rule 11 motion--
whether or not an attorney is acting in good faith--
and your firm historically does not.
Mr. Berluti solicits clients on television. That's how he got these clients.
That's how he got this case-- one which no other attorney of reputation would accept.
So, I put before the court,
the civil action before you is commensurate with the attorney bringing it.
And I must say that in 27 years of practice,
this is the first argument of this nature I have ever had to make.
Mr. Berluti?
Mr. Berluti, do you have a response?
Oh, Your Honor, if you please, I'd...
like a recess so I can respond to...
these things.
10:00 tomorrow. Adjourned.
[ Gavel Raps ]
What'd she say?
Nothing.
What could she say?
What could I say? I--
I just left.
[ Lindsay ] Bobby, this was a fluke of circumstances.
You both have to realize this.
Five people are dead.
You want me down at the hospital?
I don't know. I don't trust them to--
You know, sometimes when cops get shot-- Oh.
I don't know.
Maybe. [ Door Opens ]
- Robert Donnell? - Yeah.
- Please put your hands behind your back, sir. - What? Why?
Please, sir. [ Eugene ] What's the charge here?
Reckless homicide. Homicide?
You have the right to remain-- Give me a break. I know my rights.
I'll surrender him to you! Get your hands off me! What are you doin'?
Get off of him!
Hey! Whoa, whoa! Get your hands off me!
You stay the hell back! I said, get your hands off me!
Get him out of here!
[ Ellenor ] Jimmy, you have got to calm down.
Calm down? I'm just glad my father's dead. You know that?
So what got said in there never gets back to him. I'm just glad--
I want to kill him. I thought you said he was already dead.
Not my father. I want to kill West. I'm not a violent person.
I wanted to drive over him with my car. Would you listen to me?
You have to keep your head and just talk about the case.
What about what he said about me, about us?
Just cover it quickly and get back to the case.
The clients heard all that. Why should they trust whatever--
The clients are gonna be happy if we just win the motion. Jimmy, look at me.
You cannot go back in there and ramble, for God's sake. You have--
Just try not to sweat so much. Oh, thank you.
Look, you keep your head and you talk about the case.
Summary judgment favors the plaintiff, so just address the claim.
You have to argue that there's sufficient facts to sustain the cause of action and that's all.
I want to kill him. Well, you can kill him later.
They'll be arraigning you in about an hour. We shouldn't have to worry about bail.
Who's the D.A.? I'm not sure.
Look, they can't make any of this stick.
- Three cops are dead, and they want you to have a lousy day. - [ Door Closes ]
Eugene? Could I have a second?
He is represented by counsel.
Thank you. I'll keep that in mind.
[ Cell Door Sliding Shut ]
[ Lock Clicking ]
Is this you to me, or D.A. to suspect?
That's a funny question for you to be asking.
It's you and me, Bobby.
Firstly, I'm sorry. You have to know that.
You got information as a result of our personal relationship.
You used that information to put police officers at risk.
And police officers were killed.
Saying you're sorry-- It didn't matter how I got the information, Helen.
Once I got it, it would have been unethical for me not to tell the client.
You were doing the ethical thing?
Telling drug dealers-- men with assault weapons--
Telling them that the police officers were on their way.
That was the ethical thing to do?
Put yourself in my position.
For the last two hours, I've been trying to do that.
Then I guess we have nothing left to talk about, do we?
I guess we don't.
41842,Commonwealth versus Robert Donnell,
reckless homicide.
Eugene Young representing the defendant, Your Honor.
We'll waive reading and ask that you dismiss these ridiculous charges right now.
Asher Silverman for the People, Your Honor.
The commonwealth takes these "ridiculous charges" very seriously.
Three police officers are dead as a result of this man's recklessness.
This man is an attorney who has a legal obligation to inform his clients--
There is never any legal obligation to set up law enforcement for an ambush.
that they were about to become the object of a raid.
I don't listen when everybody talks, gentlemen.
Your Honor, may I take a second to confer with my client?
Take two.
It's decision time. Obviously, they're playin' for keeps.
They brought in Silverman. We don't want a jury to get a crack at this, Bobby.
Three of the good guys were killed.
Probable cause hearing? And we put on a full defense.
We're better off with a judge than a jury.
What do we know about her?
[ Eugene ] Wacko out of the robe, stickler in it.
Which is what we want.
Okay.
- Your Honor, defense moves for a probable cause hearing. - 10:00 tomorrow.
The Commonwealth would be seeking bail, Your Honor, in that--
Nope. I'll grant O.R.
Three police officers are dead.
Let's not turn that into a jingle.
Personal recognizance, 10:00 tomorrow.
I like to start on time.
[ Gavel Raps ]
You really can't take it personally, Helen. You know you can't.
You don't think that--
Lindsay, we were making love on the bathroom floor when that call came in.
Bobby? In a bathroom?
That's not really the issue.
I know. But a bathroom. It just seems a little exotic for him-- from what you tell me.
Well, you know him more than I.
I know he felt an obligation to the client.
He's an honest person, right?
Bobby? Of course. He's-- He's honest.
- Why do you say it like that? - Like what?
- With your voice flittering a little, like-- - I'm not flittering.
You are. I'm not.
Is there something you're not telling me?
What? What would I not be telling you?
- Flitter. - I'm not flittering. Damn it.
What do you mean you want to tell her?
I know the timing of this couldn't be worse, but she's one of my best friends.
I can't lie to her. I just can't.
Let me just recap things to see if I understand things correctly.
While you and I were being recreational,
Helen asked you if there was anything going on between us,
and you said no because you sensed that she was interested in me...
and if she knew about you and me, this would be a-- a deterrent...
to Helen and me ever getting together.
Correct.
Then Helen and I did get together,
and you and I stopped being recreational.
And you said there was no reason to tell her...
because the past was the past, and it-- it really didn't affect her.
Correct.
So, what now has changed?
What's changed is this is a little bit of a crisis here,
and I feel like a liar by not telling her.
Okay. Here's the thing.
I really like her.
At this moment, she's not particularly liking me.
She thinks I betrayed her.
If she were now to learn that I have been sleeping with her best friend,
I'm afraid it could be detrimental to our progress as a couple.
Yes. But--
Lindsay, I agree at some point maybe we should tell her.
But could you please allow me to put a little distance...
between me and these multiple murder charges...
before we do that?
Okay. Of course.
Great.
You can't do this to me.
I have no choice. I've got to show a chain of events.
I don't think I'm somebody you want to be calling.
I'm not sympathetic to this prosecution.
Well, I won't be calling upon you as an advocate. I just need the facts.
I'll stipulate that he got the information from me.
Ms. Gamble.
I'm not a man prone to vulgarity, but your ass is already in the grinder here.
I suggest you cooperate with the office that employs you.
Mr. Silverman, you don't scare me.
Well, in that case,
here's a subpoena.
[ Bell Dinging ]
[ Dinging Continues ]
This is me. Oh, pardon me.
[ Sighs ]
[ Elevator Doors Close ]
I hope you do realize that was one of the more unpleasant arguments I ever had to make.
But you got through it just the same. Jimmy.
Mr. Berluti, this is not the time.
No, don't you apologize or look at me like you had no choice.
Jimmy. You made your choice.
Yes. And you made yours.
[ Doors Opening ]
Well, I suppose I should be grateful I wasn't assaulted.
Not yet.
You could've taken it to chambers, Mr. West, but you chose to do it in open court.
You're suing us in the open, counsel. We respond in kind.
Yeah? Well, so do we.
[ Silverman ] What were you doing when the phone call came in?
I had just taken a shower.
- And what did Officer Walpole tell you? - Hearsay.
Not offered for the truth, Your Honor. Just to establish the words were spoken.
- I'll allow it. - What did he say?
Something to the effect that our informant thought he was Abraham Lincoln in a past life.
We were concerned that he might not pass reliability under the Aguilar test...
and we wouldn't get our warrant.
Your informant thought he was Abraham Lincoln? Yes.
He'd get headaches when he went to the theater.
Is that his joke or yours, Ms. Gamble?
You have a personal relationship with the defendant?
We date. That's why he was in my apartment when the phone call came in.
That's how he overheard we were scheduling a raid on Mr. Isikoff's safe house.
So, the defendant knew about the raid?
- I'd answer, but the defense is about to object. - Objection.
The witness isn't competent to say what the defendant may or may not have known.
Let's speed this up.
After the shoot-out, did you and the defendant have a conversation?
Yes.
And did he tell you whether he informed Mr. Isikoff in advance...
that a police raid was coming?
He told me that he felt legally obligated...
to reveal the information to his client, yes.
Thank you, Ms. Gamble.
[ Eugene ] My client ever ask you for information about this raid?
No.
Did Mr. Donnell continue to discuss this case...
after he learned the suspect was his own client?
No. Thank you.
That's all. Mr. Silverman?
The witness may step down.
Mr. Berluti?
The complaint alleges material facts in dispute.
The discovery includes epidemiological studies suggesting a causal link...
between power lines and certain types of cancer.
The complaint also alleges a lack of serious statewide studies...
to determine the risks of electromagnetic fields.
Those four people live within 100 yards of Boston Power Company power lines.
They live within one square mile of each other.
This one has a brain tumor, this one leukemia,
this one also leukemia,
and this one brain cancer.
They didn't get sick because I ran a commercial.
They didn't get sick because I demeaned the legal profession.
There's a cancer cluster in Fairfield, Massachusetts.
People are dying.
And he's asking you to ignore this because he thinks my law firm is disreputable.
We've been called these things before at my disreputable firm.
The last time was when we sued a tobacco company.
They brought a summary judgment motion, too,
arguing, as a matter of law, we had no case.
Cigarettes couldn't possibly cause cancer.
When we first got to the apartment building, we did notice some activity,
though we didn't really think there was a connection.
- What do you mean "activity"? - Well, there were cars leaving, pulling out.
No people or plates that we'd recognized.
But the feel-- It just wasn't sleepy, is the best I can describe it.
Could you describe what happened next?
We moved in. We had 11 officers in all.
We wore vests, and the front line had helmets.
Six of us went up the stairway, the other five secured the area.
We weren't using the battering ram because our informant had actually given us a key.
To Mr. Isikoff's apartment? Yes. We approached the door.
And we did hear some scuffling behind it, but not much.
And then that's when it happened. What happened?
We sprang through the door, and there they were, waiting,
like they were expecting us.
Continue. I just heard the shots. I could smell the powder.
Assault weapons. It's like they had an arsenal.
You were shot? In the shoulder.
It knocked me back down the stairs.
And the shooting just seemed to go on and on.
- What'd you see next? - The next thing I remember seeing was Kevin Greene.
He fell on top of me. Who is Kevin Greene?
My part-- He was my partner.
He had been shot in the head.
He was dead? Not yet.
He was looking at me, like he didn't know what had happened.
And, uh, it looked like he couldn't breathe,
'cause there was this stuff in his mouth.
And I tried to help him breathe.
I tried to clear his mouth.
He just kept looking back--
looking back at me.
Were you able to get him to breathe?
[ Inhales ]
No.
He was near dead then.
Officer Horton, you've testified that they were waiting.
Are you sure about this?
Yes, I am.
As soon as the door opened, we were looking at gun barrels,
and I saw some of their eyes.
They weren't surprised.
We were the ones surprised. They knew we were coming.
[ Ellenor ] So, you didn't do any cross?
No point. This is a lousy time to say "I told you so."
Then maybe you shouldn't. Drug lawyers always become targets.
It's not just that. We've been beating them on everything.
Gerald Braun, Victoria Keenan.
And you know what? We've been under attack on our power lines case too.
The defendant's lawyer-- You should have heard his little spew.
So, did we win the motion?
No, not yet.
[ Knocking On Door ]
Hey.
I tried calling, but you wouldn't pick up.
Well, you've got me in person now.
What can I do for you?
Can I come in?
Firstly, I wanted to thank you for today.
I know you were under a subpoena.
And I-I'd also like to thank you for--
For what? For sticking by you?
I didn't do that.
I objected to you being prosecuted.
I wasn't defending what you did.
- Helen, I know-- - Bobby, look.
If you've come here to account for yourself, please get out.
I get your position.
Plus, you'll be on stand tomorrow,
and we both know testimony comes off more persuasive when it isn't rehearsed.
You say you get my position. Well, I'm here, hoping that you'll understand--
Just get out. Just get out. Get out! Come on, Helen. Please.
Just get out! Get out! Get out! Get out! Get out!
[ Sobbing ]
It isn't you! Don't you think I know that?
You're a defense attorney! The guy's your client!
I'm the one who screwed up!
You? You can't blame yourself!
Are you crazy?
Everybody was doing their job except me.
Those people are dead 'cause I didn't do mine.
I'm angry at myself.
Maybe I even hate what--
But I won't lie.
I'm not sure I can ever look at you without--
Please, just get out.
[ Door Opens ] Helen.
I had no way of knowing a shoot-out would ensue,
and I certainly never counseled my client toward violence.
Thank you. That's all.
Did you know that your client had sophisticated assault weapons?
Did I know it? No.
Did it surprise you to learn...
that Mr. Isikoff had weapons in his safe house?
I had no specific knowledge that they had weapons.
- Did it surprise you to learn that he did? - No.
Did it surprise you that they had cocaine and heroin there?
No.
In your mind, when you told Mr. Isikoff...
that the police were about to raid his safe house,
did you make room for the possibility that they might use those weapons to fight back?
Well, I really didn't think that far ahead.
You didn't think that far ahead.
What did you think Mr. Isikoff would do with the information you'd given him?
Well, my job was just to give him the information, counsel.
Oh. You're quite a taskmaster with your job, aren't you?
- Objection. - Sustained.
When Mr. Isikoff left your car,
did you consider that he might go to his house,
gather his belongings before the police could get there?
I considered that. Yes.
Did you consider that the police could get there while Isikoff was still in the house?
Did you consider that the police could get there...
while Mr. Isikoff was still in the house?
I don't remember specifically considering it,
but nor do I remember ruling that possibility out.
Oh, what a lovely answer.
- Objection! - Sustained.
Did you ever consider calling the police and saying,
"Hey, call off your raid. They know you're coming."
Did you ever think of telling the police that? No.
Who is Jack Cowley?
Who is Jack Cowley?
He was evidently the informant the police were using...
to get their search warrant.
Did you tell Mr. Isikoff that Jack Cowley was working with the police?
My communication with Mr. Isikoff would be privileged, Mr. Silverman.
You're quite correct, but that privilege belongs to Isikoff, and he has waived it.
And he told the police that you told him that Jack Cowley was the informant.
- Would that be correct? - Objection! Mr. Isikoff is represented by counsel.
The police were told not to speak to him.
Any conversation with John Isikoff is a violation of the Sixth Amendment.
- Sixth Amendment protections go to the client, not the lawyer. - Doesn't matter.
John Isikoff lacks the legal capacity to waive that right-- Innes versus Rhode Island.
Yes, and should the police ever use those statements against Mr. Isikoff,
you would have cause to suppress them.
But I'm not going after Mr. Isikoff here.
I'm going after you. [ Eugene ] Your Honor!
He's right. You can't assert somebody else's constitutional rights...
in order to protect Mr. Donnell, counsel.
I don't really believe I need to tell you that.
Did you tell Mr. Isikoff that Jack Cowley was the police informant?
No. I asked him if he knew him.
When he said yes, did you tell him about the police raid?
- That's right. - Hmm.
Did you ever consider that your client might be able to put two and two together?
[ Eugene ] Objection! Sustained.
Were you shocked to learn Cowley was found dead with a bullet in the back of his head?
Objection! Sustained.
I think we're done.
We're in trouble.
Bobby, if this goes to trial, we're gonna have to consider a plea.
A drug lawyer sets up the police for an ambush.
Uh, you were pretty much an executioner for Cowley.
Our only defense is the canon of ethics.
Legally, we gotta argue that what you did was ethical...
and hope that the judge will buy it...
because no jury ever will.
I'll close.
I'm not so sure that's smart.
I'll close.
Mr. Berluti, would you stand up?
I'm tempted to say, "Will the defendant please rise?"
One of the problems with the proliferation of law schools,
night schools, part-time schools, salons--
Come get a shampoo, earn a law degree while you wait for your hair to dry.
We overflood the market with attorneys who, because of the competition,
have to go out and create litigation just so they can scratch a living.
I hate it. And you're a poster boy for the problem.
That having been said,
this complaint does allege disputable questions of fact.
The defendant's motion for summary judgment is denied.
I'm scheduling a pretrial for Monday.
I want witness lists no later than Friday. See you soon.
[ Gavel Raps ] [ Gasping ]
We won. We did.
He didn't kick it. Nope. Of course, now we have to try it, Jimmy.
We'll try it. I'm ready.
Thank you very much.
I'm not gonna stand up here and defend my actions...
from a moral position.
Not to you.
Certainly not to any of you.
I'm sorry.
Legally, I fulfilled my ethical obligation to my client.
Morally, I betrayed the men who were killed.
Legally, I traded on information...
I received through a social relationship.
Morally, I betrayed a trust with Helen Gamble.
My only defense here... is legal.
I'm a criminal defense attorney.
I represent bad people.
The adversary system is premised...
on the defense attorney doing whatever he can...
to get the guy off.
It's drummed into us.
We are bound by the limits of the law, but only the law.
Morality?
Right or wrong?
Justice?
If a criminal lawyer starts asking himself,
"What's the just result here? How should we get to there?"
he's lost.
It's not a noble excuse,
but a legal one.
Do whatever you can to get the guy off.
Mr. Donnell says that is the credo of a defense attorney.
Today he stands here apologizing for it.
Last year,
after one of your clients committed a premeditated revenge murder,
you stood in this very courthouse...
and argued law be damned, morality should win out.
Today you exalt the law to justify immorality.
Whatever you can to get the guy off.
Face me, Mr. Silverman.
If a client is about to kill,
his lawyer has always been allowed to reveal that.
Privilege has never been given priority over the threat of bodily harm.
Mr. Donnell knew that his clients were violent.
By his own admission,
he knew of the possibility that people could be killed.
Innocent people.
And he sat on it.
He let the fathers...
and the husbands of those people...
walk headfirst into an ambush to their deaths...
because in his mind,
he had the legal duty to ignore justice and morality.
In his mind, if he did anything to prevent those violent deaths,
he'd be lost.
I don't think the defendant...
has any idea how truly lost he really is.
How long? She just asked us to wait.
She can't make him stand trial for murder. She just can't.
With this public outcry?
Come on, everybody.
We'll be right outside.
I'm not nearly ready to put this behind me,
but... I'm not ready to put you behind me either.
She's coming back. Let's go.
I called you back in because I'd made up my mind.
But in the two minutes it took you to file back in, I changed it.
Whether or not you're guilty here, Mr. Donnell,
really depends on exactly...
where you were in your head when you talked to your client,
what you knew would happen...
or what you thought might.
Unfortunately for me, as a judge,
that answer still lies within your head...
and your head alone.
On the facts,
dismissed with prejudice.
- The defendant is free to go. - [ Gavel Raps ]
[ Spectators Murmuring ]
No. Not yet.
I will say it for the last time.
It won't be the last time, It's never the last time with you.
All I'm saying is if we keep defending the druggies, this kind of stuff's gonna happen.
Yeah, well, let's just get some new clients before you dump the old ones, okay?
- And your cancer case survived? - It did.
With Judge Walsh? He likes me.
[ Jimmy ] Where's Bobby?
I think he ran off to make up with Helen.
Are those two sleepin' together?
[ Bell Tolling ]
รขโขยช [ Bugle Playing Taps ]
[ Man Shouts Order ]
Arms, fire!
[ Man Shouts Order ]
[ Rifles Firing ]
[ Man Shouts Order ]
[ Rifles Firing ]
[ Woman ] You stinker!
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