05x03 - A Precious Commodity

[bunniefuu]

Previously on The Good Wife...

ELI: We should replace her.

I can't fire someone because they're too pretty.

Then don't. Promote her.

Move her laterally.

I'm in.

With Agos/Florrick.

Florrick/Agos.

Look, we can't keep skulking around.

We have to cut the cord at some point.

People want to wait for bonuses.

DIANE: An interview?

On what subject?

There will be questions about Will.

Peter really needs you to get the chief justice on your side.

So I trash Will, or I'm not nominated?

My life is taken up with client maintenance these days.

Why is everybody so unhappy?

I gave an interview to the Law Advocate.

Just now.

I talked about you.

Okay.

They asked about your suspension.

No, I-I talked about your suspension.

What did you say?

That we were lucky.

We thought you were going to be... disbarred.

I talked about the money.

The $45,000 that you took.

How we agreed that it was wrong.

Why?

The chief justice would only support my judgeship if I made a clear statement.

You talked about the money?

I was sitting there and I realized...

I... I'm sorry.

I was wrong. The interv...

Ms. Lockhart?

Ms. Lockhart, Lisa asked me to give you a message.

Eli Gold called and wanted you to know...

Don't worry about giving the interview.

He found another way.

(Camera squeals)

WOMAN: And you have said, Mr. Florrick, that your governorship will be the most ethical in the history of Illinois.

I mean, that's a bit of a low bar, isn't it?

Given that four of the last eight governors have been to prison?

Well, I've already been to prison myself, so I guess I'm pre-inoculated.

(All laugh)

That's good.

So why don't we try one with you two kissing arm in arm?

Oh, no, that's all right.

Just for variety.

No. These are good.

Shall I bring in the children?

Yeah.

Mrs. Florrick, can you address the rumors that you two are still living in separate apartments?

I can.

My career is here in Chicago, and Peter's is in Chicago and Springfield, so we have residences in both.

We use both.

So when you're both in town, you stay together?

Anne.

What? That is a fair question, Eli.

Yes, we do.

In fact, I understand that you're taking a week off to go to Hawaii to renew your vows.

Okay, Anne, are those really the issues that we want to be talking about?

Well, there is concern that you are handpicking members of the ethics commission, replacing good people with yes-men.

ELI: Really? Concern? From whom?

Well, you fired Marilyn Garbanza, one of the most widely respected ethical watchdogs (phone rings) in the Quinn administration.

Alicia Florrick.

Alicia, it's Kathy.

I'm not calling for me.

It's for Tara.

Oh, Kathy, hi.

Is everything all right?

No. There's been a complication.

We're at Dr. Tuft's office, and Tara's headed over here now.

Can you come?

I think she'll need you.

Sure. Are you okay?

I'll see you in a minute.

Zach, where's your sister?

I have to head out.

She's right there.

Grace?

Mom, hey.

Oh, Grandma got it for me.

Do you like it?

It's... Wow.

Is that a good wow?

It's a "You don't look like yourself" wow.

(Chuckles)

(Rock music playing)

(Rock music continues over headphones, phone ringing)

(Lower music volume)

Yes.

Mr. Gardner, this is Mandy Post.

I'm fact-checking an article I'm writing about your partner, Diane Lockhart.

And I was wondering if I could ask you a few questions.

Sure. Go for it.

Have you stolen any more money from clients since the $45,000 you took ten years ago?

Actually, that's another call, Ms. Post.

Can I call you back?

Certainly.

(Music resumes playing)

♪ Ah... We won't be quiet ♪
♪ Ah... We're gonna get wild! ♪

Kalinda, I need you to look into Diane's work on her cases.

What am I looking for?

Any lapses. Any complaints.

Anything she mishandled.

Why? What's going on?

Nothing. I just need it done.

Wait.

Diane hurt us with an interview.

We need to ask her to step away from the firm.

And you need her lapses?

In case it grows contentious.

Will, one thing I know, you look into her lapses, it will grow contentious.

I need it by tomorrow.

♪ We're not gonna fight their way ♪
♪ Never ever, ever, gonna take us down... ♪

Tara.

Hmm?

Alicia, there you are.

Is it another amnio?

'Cause I have class in, like, an hour.

Uh, no, I think there's been some complications.

Oh. Are Kathy and Brian here?

Yes, they called me.

Red Vine?

No, thank you.

I wasn't sure after the first amniocentesis, that's why I requested a second.

The screening detected an 85% likelihood of Patau syndrome.

It's a chromosomal abnormality.

It's very rare.

And I'm sorry, but very severe.

What is it?

It's a surfeit of chromosomes.

Most babies with Patau survive only a few days after birth.

And some less than a year.

All have major developmental disabilities.

But I don't get it.

I felt him kicking.

Last night, all night.

And he will continue to kick.

There's nothing anyone did wrong, Tara.

This is not about the surrogacy.

And what do we do now?

Well, that's why I wanted to get to you as early as possible, so you'll have options.

You're in the second trimester, so... termination is still a possibility.

I am so sorry.

Shh...

BRIAN: We'll pay for everything.

Not just the clinic, but the full amount for the surrogacy.

It's okay.

No, Tara, you're part of this family now.

We'll deal with this together.

Dr. Tuft suggested a clinic.

We'll make an appointment.

And I'll go with you.

No, it's fine.

(Phone rings)

(Whispers): Um, Will, can I call you back?

Actually, we need you for an emergency committee meeting.

We're short of a quorum.

How far away are you?

Ten minutes, but I'm with a client.

Come to the office but go to empty floor on 16th.

Make it when you can.

Of course, the governor-elect chooses his own commission.

I'll call you back.

Ethics commission?

It'll die down.

They're just probing for a chink in the armor.

I don't think so.

Bring Marilyn back.

Peter, that will look just as weak.

No, I made a mistake.

It looks like I replaced her because she was too ethical, not because of how she looked.

Bring her back.

(Elevator bell dings)

(People conversing in distance)

DAVID: Ah, here's our quorum.

How'd you come here, by bicycle?

HOWARD: What size exit package are we talking about here?

DAVID: Well, if she damaged the firm, I say we discount whatever that amount...

With overhead.

What's going on?

Diane.

...one of my biggest divorces.

She got a call from this reporter who wanted to fact-check her article.

Diane, is out for herself.

HOWARD: So cut her off.

No, we negotiate an exit package.

What happened?

Diane gave an interview that exposed the firm to criticism.

We're getting calls from clients.

We vote.

How many want Diane gone?

She wants herself gone.

We just ask her to leave two months early.

All those in favor of negotiating Diane's exit package, raise your hand.

Who's taking minutes?

It-It doesn't matter.

We just count.

Eight to six.

Good. Appointments to the negotiating committee?

I appoint myself.

You can't appoint yourself.

I appoint David Lee.

I appoint Howard Lyman and Will.

And I appoint Alicia.

No. Thank you, though.

We need someone who voted against the exit.

You're the balance.

(Overlapping chatter)

CAREY: Everybody uses Classic Roman Standard.

We're not saying anything if you use a font that everybody else uses.

All of those in favor of the better-looking font.

Oh!

I'm joking, I'm joking.

All those in favor of Classic Roman Standard?

And all those in favor of Trajan Pro? Congrats.

Our law firm now has a font.

Any new business?

CAREY: I heard a rumor I wanted to share with the group.

Heard that Diane was being pushed out.

The partners got together and they're arranging an exit package.

Which would leave her clients open for poaching.

If it's true.

As a partner, I am bound by my confidentiality.

I can't say anything.

Okay. So I'll count to ten and, if you don't sit down by ten, Diane is being pushed out. One...

Guys, I can't.

I can't even hint.

Well, you did more than hint when you told us about the partners tracing our texts.

Yes. And I'm not so sure that was a good thing.

Alicia, we're two weeks away from leaving.

Getting a jump on her clients would mean everything.

Six, seven, eight, nine... ten.

You can't read anything into this.

(Phone rings)

Who does Diane have as clients?

CARY: Ushkov Industries.

It's $13 million in billables.

Hello.

KATHY: Alicia, what did you say to her?

What? Uh, Kathy?

Yes. What did you tell Tara?

Uh, I didn't say anything.

What do you mean?

She wasn't at the clinic.

I don't want to do it.

You don't want to terminate the pregnancy?

Yeah.

You understand that Kathy and Brian will feel like you're the surrogate in this equation, that they're the parents.

Yeah. Alicia, I can feel him kicking.

I don't think he really is what the doctor says he is.

Would you like me to set up another appointment with Dr. Tuft?

No, he'll just say what he said again.

Tara, he has birth defects.

I know it feels like he's healthy, but he'll be in pain when he's born, and he won't survive.

He has a 15% chance.

That's what the doctor said.

That's not a real chance.

My parents said I had a 10% chance of getting into DePaul, but I'm here.

Tara... it's not your baby.

And you are not my lawyer.

Not really.

They're paying you.

Yes, but I represent your interests.

I represent the surrogate's interests.

Then start.

It's not your decision.

Tara.

Tara has decided that in the best interest of the fetus, she will carry the baby to term.

Excuse me. This isn't...

We talked about this.

I know.

Kathy, I can't.

He's not sick.

I can feel him.

You're not a doctor!

SCHMIDT: Okay, hold on.

Page 18 of the surrogacy contract, Tara, you specifically agreed to terminate if there were substantial signs of birth defects.

Yes, Tara believes these do not constitute substantial signs...

You have got to be kidding me.

Kathy, Brian, okay.

Really?

And have you explained to her how she will be in breach?

I have explained to her her options.

We're paying you, Alicia.

She's not paying you.

Yes, and as part of the surrogacy agreement you agreed to pay me to act in her best interests during the course of the surrogacy.

Tara... you're hurting us.

You don't agree with Tara.

It's not about what I agree with.

So you're just cashing a paycheck?

No...

I am faithfully representing the interests of my client.

And the interests of your client involve being the mother of a child with major birth defects?

No.

Ah. So Tara wants to give birth, and then force my clients to raise the child?

My client has made the choice not to have...

You don't get to use the word "choice."

That fetus is wholly my clients' genetic material.

Their egg, their sperm.

The only one who gets to choose is the actual mother.

We would disagree.

Ah. And that settles that, then?

We're suing. Today.

W-Wha...

You're suing for what?

To force my client to have an abortion?

How does that work?

Economic devastation.

Your client breached her contract.

The Isenstadts put over half a million into this surrogacy.

Searching for a surrogate, fertility fees, Tara's weekly payments.

A half million is going to bankrupt your client.

Unless she decides to honor the terms of her contract.

Wow.

Then we'll see you in court.

No, I won't be seeing you anywhere.

You're fired.

The Isenstadts are terminating your employment as Tara's lawyer.

Well, they can't do that until the surrogacy is concluded.

No, they can't do that until the contract is concluded, and you've decided the contract is concluded.

So unless you're into doing this case pro bono, it was nice meeting you.

(Will and Diane arguing)

WILL: Not in this context.

DIANE: Are you serious?

You put your interests over the interests of the firm, Diane.

This is my firm!

It was your firm.

Then get the security guards.

Carry me out.

No.

We have enough respect for you not to make this a public spectacle.

You want to end it this way?

Diane, you ended it.

Now, go be a judge.

We have work to do here.

5.03 - A Precious Commodity

(Phone ringing)

Hello.

BOY: Is Grace there?

No, this is her mother.

May I ask who's calling?

Jimmy Lawrence.

She should be back in an hour.

What is this regarding?

Was that for me?

No, Grace.

Who's Jimmy Lawrence?

Someone from school.

Why?

Well, he was calling for Grace.

Zach, is something going on with your sister?

No.

But something's going on?

Zach, what?

Grace has nothing to do with this, Mom.

It's... it's not her.

(Sighs)

But Grace...

I don't understand.

Where...?

So that's why this kid is calling?

Lots of kids.

ELI: We want you back, Marilyn.

Yes, I thought that we were a bit hasty in moving you to the Transit Authority Board.

Promoting me to the Transit Authority Board.

Yes, well, we heard you weren't very happy there.

Yeah, I didn't feel... qualified.

Then come back to us.

We're reorganizing the ethics commission, giving it more power.

We'd like you to head it up.

PETER: And we'd like to announce today.

In what way, reorganizing?

Well, the ethics commission has always seemed isolated here in Chicago.

We want to move your offices into the governor's suite in Springfield... more in the... heat of the action.

No, thank you.

Wait a minute.

Wait, whoa, whoa.

Why not?

Pat Quinn governed from Springfield.

Rod Blagojevich governed from Chicago.

Each governor is different.

Where are you gonna be, Mr. Florrick?

ELI: Oh, he'll be both here and Springfield.

Then why are you adding all the offices here?

I'll be in Chicago.

And you want the ethics offices isolated out in Springfield?

No, thank you.

What if the offices were here?

Along with unfettered access... yes, I'd consider it.

(Chuckles): No one gets unfettered access.

Give us a day to think about it.

Okay?

Thank you, Mr. Florrick.

They hate me, don't they?

No, I don't think they hate you.

They want you to consider all the repercussions.

And they can do that?

Take all my money?

I don't even have that much.

Well, you have the $120,000 coming from your parents' trust when you turn 21.

They can take that.

Excuse me one second, Tara.

Is that her?

Is that the surrogate?

Yes. Look, David, I'm doing this pro bono, one of mine.

I will not exceed 30 billable...

I'm taking first chair with you.

You're what?

Tara?

Hi. I'm David Lee.

I am in awe of your courage, young lady.

Life is such a precious commodity, isn't it?

What are you on?

Something for Will.

I need you to...

No, come to think of it, you're still friends with Cary and the fourth years, aren't you?

What do you need, David?

No, that's okay.

Robyn, I want you to look into this Dr. Tuft...

ALICIA: And you've been seeing Tara Bach for how long?

I've been her ob-gyn for about seven months now.

I see. And when is she due?

In approximately 12 weeks.

ALICIA: And in your professional opinion, is Tara's fetus viable?

Objection, Your Honor. Relevance.

This is a breach of contract suit.

Well, let's find out the relevance.

What's the relevance, Counselor?

If Tara's fetus is viable, Your Honor, then she can't abort, and there is no breach of contract.

JUDGE: Well, that makes sense to me, Counselor.

No further questions.

Just a few more for the defense.

Thank you, Alicia.

What...

(Clears throat softly)

Why was the amnio performed so late in the pregnancy, Doctor?

Why? Uh, I-I didn't perform it.

I know.

Dr. Tuft did.

But do you know why the amnio was performed so late in the second trimester?

DOCTOR: Well, this was the second amnio.

The first was performed in April.

DAVID: And did you find that Tara had spotting after the first amnio?

Yes.

And could this have come from a poorly performed amnio?

JUDGE: Okay, let's hold up here.

I'm not sure why the plaintiff isn't objecting, but what is the relevance?

Pure curiosity, Your Honor.

Well, let's satisfy our curiosity on our own time, shall we?

I sustain the objection that never came.

(Sighs)

So, you want to sue the hospital.

I don't want to.

I will sue the hospital.

Their amnio caused these birth defects.

And you want the child born?

No. Your client wants the child born.

Yes, but it means more to a suit if the child is born?

(Chuckles)

$8 million more.

It's pain and suffering.

$2 million if Tara aborts, $10 million if she doesn't.

Does Tara know that?

What, that we're suing?

No. She's doing it because she believes it.

HOWARD: I'm pro-choice.

It gives you the most options.

HECT: Abortion is a sin.

You're Republican. You have to say that.

HECT: No, I'm not a Republican.

I just look at photos of fetuses and think, how can we flush them down the drain?

No one's flushing anything down the drain.

I met this Rockette back the '50s.

Looked just like Cyd Charisse.

Oh, God, Cyd Charisse!

Those legs! Oh!

WALLIS: If men could get pregnant, abortion would be a sacrament.

HECT: It's legal.

What else do you want?

We were messing around, you know, backstage, the green room.

She came to me three months later, pregnant.

Are you kidding me?!

Took her to Canada.

HECT: This is what I don't get about abortion.

Where do you think the personality went.

If it had been aborted...

(All talking at once)

Hold on. Hold on!

Quiet down.

We're here to negotiate Diane's exit package.

DAVID: And I have some research.

This is what we offered Jonas Stern when he exited in 2009.

Are you friggin' kidding me?

We were in better financial straits back then.

We should offer her half of this and she'd still be lucky.

I don't disagree.

Jonas Stern was a founding partner...

So is Diane.

So was Diane. She's leaving.

There's no difference between Jonas's impact on the firm and Diane's.

DAVID: That may have been true back then, but the firm has changed.

What has Diane done but move us toward bankruptcy?

David, she's going to be a Supreme Court justice.

WILL: I agree with Alicia.

Here's the other problem... Diane has good clients.

We anger her with a lowball offer, we lose them.

DAVID: How will we lose them?

She suggests they go somewhere else.

Let's be practical.

We offer a fair amount.

We keep her clients with us.

Tara's fetus won't be viable until the third trimester.

And that's in 48 hours?

Yes, that's why the decision to terminate has to be made quickly.

Now, Tara's ob-gyn has suggested that the fetus is viable now.

Yes, I heard that.

She's wrong.

Viability is based on survivability outside Tara's womb.

And that's why the Supreme Court in Roe v. Wade established the beginning of the third trimester as an inviolable line?

Yes, exactly.

Thank you, Doctor.

Nothing further.

Dr. Tuft, isn't survivability based on current technology?

Of course.

And given the current improvements in postnatal technology, can't the fetus survive outside Tara's womb earlier?

Not in my opinion, no.

This is a very special case.

Doctor, don't you have a reason for wanting the fetus aborted?

SCHMIDT: Excuse me, objection, Your Honor.

Who's questioning the witness?

If the fetus is aborted, then the malpractice lawsuit against you will be reduced.

Objection, Your Honor!

The defense is turning this into an argument about malpractice.

We all know you're excited to be in big boy court.

You might want to check the laws on slander, sir.

I'm not slandering the witness, I'm asking him a...

JUDGE: The question before me is whether this contract is moot.

Due to fetal viability, there's no way not to be in breach.

Given the conflicting testimony of the doctors, I have no way to split this... uh, dilemma.

So I fall back on the Supreme Court's decision.

Damn it.

JUDGE: With respect to the contract in question, the fetus is ruled nonviable and will remain so for 40 more hours.

Your Honor?

Given that, we move that these proceedings continue apace.

Uh, Your Honor, we don't have our next witness until Friday.

Mrs. Florrick.

Have your witnesses available this afternoon.

Or we will proceed without them.

(Gavel bangs)

No.

HOWARD: What does that mean?

It means I don't accept your exit package.

We can shove you out, you know.

Yes, I do know that.

And my clients, too.

What is that... a thr*at?

It is a fact.

Don't act innocent.

You already have some of the associates calling my clients, trying to split them off.

You're paranoid, Diane.

These are similar to the terms offered to Jonas Stern.

And I am not Jonas Stern.

What do you want, Diane?

I want what I'm worth.

You want me to not bad talk you to my clients, rethink your offer.

Now get out of my office.

This isn't your office.

It is.

Until you have the security guards escort me out.

Alicia?

Do you have a minute?

I... Sure.

I can't decide this by myself.

But I can sway most of the partners.

And I think you'll enjoy a honeymoon period as the governor's wife.

Oh... okay. I'm not...

I want you to consider replacing Diane as managing partner.

Tara asked a lot of questions about the contract.

We listened, made changes at her request.

We wanted her to feel part of the process.

SCHMIDT: And who represented Ms. Bach?

Alicia Florrick.

I see.

And did Mrs. Florrick ever raise any concerns that the surrogacy contract was coercive in any way?

Your Honor, respondent would stipulate that this contract as a whole is not coercive.

This is about a single provision.

Yes.

Now that Mrs. Florrick has given herself cover against a malpractice suit, may I continue?

The provision regarding your right to terminate the pregnancy, that wasn't part of the standard agency contract.

Was it?

No.

My husband and I insisted on it.

Why?

Because our first child, Caleb, had a heart defect.

He lived six months.

Five operations.

And in the end, we just... we couldn't bring another child into the world to suffer.

And is that why you want to terminate this pregnancy?

Yes.

I wish I were the one that were pregnant.

But I'm not.

But it's our child.

Our choice.

No one should be allowed to take that from us.

PETER: What I want is a proposed budget before the state assembly...

So, Barry Rovinski's company owns the building that Alicia's new firm just leased space in?

Yes, an obvious conflict of interest.

I assure you neither Peter nor Alicia knew that when he appointed Barry to the water board.

Yes, but the terms of the lease might be considered preferential.

25 a square foot in an area where 40's the market rate?

What would you have Peter do?

The lease has already been ex*cuted.

I think he should reconsider Barry's candidacy.

He'll look into it.

I was promised unfettered access.

All due respect, you are not the governor-elect.

Yes, thank you for your respect.

And this is unfettered access to the governor's chief of staff.

We should be on the same side, Eli.

We are on the same side.

You can't keep disagreeing with me and pretend it's an agreement.

I agree.

(Laughs)

Okay.

Ethical issues are never obvious and they never go away.

That's why I raise them.

Because I like Peter and want to see him succeed.

You mean, Mr. Florrick?

Of course.

ALICIA: Mrs. Isenstadt, you believe you and your husband have absolute autonomy over the fate of this... fetus, right?

Yes, I do.

Why is that?

Because it's ours.

And what about your body?

Do you think you should have control over that?

Over my body?

Yes, I do.

So, you're pro-choice?

Yes, but this is different.

How? How is it different?

You want this contract imposed even though Tara doesn't want an abortion.

It's different because Tara is not the mother.

I'm the mother.

But it's her body.

Objection, argumentative.

It's okay, I...

I want to answer.

Yes, it's her body, but she has agreed to subject her body to my needs as a mother.

The mother... that's what this contract was.

This is about my choice, not hers.

So you would drag Tara to a clinic and have this fetus forcibly removed?

Withdrawn.

No more questions.

I'll have a ruling on the contract's enforceability within the hour.

(Exhales)

(Knocking)

Yeah.

Uh, Cary, I have to be in court in ten minutes.

What do you need?

Are taking the managing partnership?

Where'd you hear that?

Is it true?

Will offered it to me.

But it's not a sure thing.

And I don't know even if I would take it.

But you're considering it?

Don't you think that would've been a good thing to tell us?

It just happened.

Alicia.

Staying is a mistake.

You'll always be under Will.

You finally have a chance to get out from under him, take it.

Managing partnership is not under him.

It is.

Why do you think he's offering it to you?

He wants someone he can influence.

Someone that he knows.

Okay, thanks, Cary.

Alicia, this is your chance.

Take it.

After much consideration... actually, 30 minutes of consideration...

I have concluded that control of one's body is an absolute.

This principle is enshrined in our Constitution and jurisprudence.

Parties may not contract around it.

A provision empowering the Isenstadts to compel an abortion is an affront to public policy.

The application for specific performance is denied.

(Gavel bangs)

Your Honor, my client moves for a declaratory judgment that the contract has been breached.

ALICIA: Excuse me, Your Honor.

By denying petitioners' motion for specific performance...

The court has ruled only that the provision related to abortion is unenforceable.

Plaintiffs allege a number of other contractual breaches.

What a load of bunk. They're trying to extort this lovely young mother-to-be into an abortion.

Uh, uh...

(Schmidt and David arguing)

Gentlemen!

(Arguing stops)

No!

Mr. Schmidt, what breaches are you referring to?

The defendant failed to live up to various... performance sections of the contract.

Oh, come on. Your Honor, if Mr. Schmidt's clients wish to bring a separate suit...

No, no. No need. In the interest of judicial economy, I will hear the motion for declaratory judgment.

(Gavel bangs)

They lost, right?

What are they doing now?

DAVID: Scorching the earth and poisoning the wells.

(Knocking)

Hi, I'm, uh... I'm Cam.

Is Grace here?

She...

Uh, I'm sorry, you're...?

Cam.

You must be Mrs. Florrick.

Uh, I-I told Grace I might swing by after dinner.

I'm, uh... I'm running a little late.

She's out.

Um, but maybe you'd like to come in and have a beer.

Yeah, that'd be great.

Thanks.

Are you insane?

My daughter is 16 years old.

You do not come knocking at her door again.

Do you understand, Cam?

Now is the time to say "yes."

Yes.

Good!

Express elevator is right behind you.

Turn around.

(Sighs)

ROBYN: Why does David Lee not trust you?

He thinks I'm doing what you're doing.

What am I doing?

Leaving with Cary and the other fourth years.

Oh. Well...

(Chuckles)

All right, I need help.

I think this doctor on the surrogacy case has a drinking problem, but I need someone at the SA's office to confirm rumors of a DUI.

Do you have suggestions?

Yes.

Can you tell me them?

No.

Why not?

Robyn, you're leaving.

Well, so is Alicia, but you help her.

What?

So is Alicia, but you helped her on the death penalty case.

Alicia's leaving?

Yeah, I thought you knew.

What...

She didn't say anything.

Yeah.

It's supposed to be a secret.

(Chuckles)

Check with the clinic's medical rep.

They usually know all the doctor's problems.

Thank you.

PETER: So, Eli tells me you have a-a concern over my choice for the water board.

I do. The problem is, sir, one of appearances.

Appearances. Uh-huh.

So who would you choose?

The current water board head.

Grabowski?

He's an idiot.

(Chuckles)

Well, I can't speak to that, sir.

Continuity, of course, is to be valued.

And there would be no hint of a conflict of interest.

Yes. So what you're saying is that you would hire someone second-rate because they're more ethical?

No, I'm just saying that a conflict of interest is a matter of law, and second-rate is a matter of opinion.

Hmm.

Who do you like better, Hemingway or Dan Brown?

I'm not a good judge of literature, sir.

Uh, who's Dan Brown?

Da Vinci Code.

Ah.

Oh, okay.

Well, I haven't read it.

I-I've seen it.

And I really like Tom Hanks.

Who doesn't?

Um, well, I don't think I can take your advice, Marilyn.

And I really do appreciate it, but I just... can't choose Dan Brown over Hemingway.

Well, thank you for listening to me, sir.

Sure.

And I'll make sure I take a look at Da Vinci Code.

(Laughing): Oh, don't do it on my account.

No.

I spent too many years in law school with my eyes glued to LexisNexis.

I should... uh, probably broaden my horizons.

Yes, I read the contract.

Could you please read the highlighted provision?

"During the course of the pregnancy, "the surrogate agrees not to engage in any sexual activity that would constitute a risk to the fetus."

How many sexual partners have you had since your pregnancy?

Four, I guess.

But they always used a condom.

And did you and any of these upstanding gentlemen ever engage in a threesome?

Objection, Your Honor.

This is character assassination.

An orgy is a per se violation of her contractual commitment not to engage in risky sexual behavior.

Overruled.

Ms. Bach, you may answer.

No, I never engaged in a threesome.

MAN: It was her idea.

SCHMIDT: The threesome was?

Yes. Um, we were in this bar called Chesterfield's, and she saw this guy with tattoos...

Evan... and Tara said that we should bring him back to her place.

And did you?

Yes.

Okay, that's a lie.

You're a liar.

I haven't seen you in a year.

Mrs. Florrick, if your client can't restrain herself...

I'm sorry, Your Honor.

It won't happen again.

And what happened after you brought Evan back?

Well, we double...

I mean, we had a threesome.

SCHMIDT: And did anyone use protection?

MAN: Uh, no. None of us.

DAVID: It doesn't matter if he was lying.

The judge believed him.

So, what do we...

(Clamoring)

What is going on?

Hello.

Mr. Florrick, it is so good to meet you.

I'm David Lee, one of your earlier fans.

Alicia and I work together.

Oh, hello, Mr. Lee.

How are you?

Good, good.

You have quite a wife here.

(Chuckles)

What's up, Peter?

Nothing. I, uh...

I had a break.

I thought I'd come say hello.

It was supposed to be a surprise.

A little difficult with the security detail.

It's still a surprise to us.

Yeah.

Um, okay, excuse me.

(Quietly): Um, I booked a suite in Wailea.

They have a package for renewing your vows.

Um, Peter, I thought you said...

I mean, I thought we had to wait until after the inauguration.

I thought we did, too, but it will be just as difficult after the inauguration, so I think we should do it now.

What's going on?

Nothing's going on.

I love you.

I love you, too.

I'm sorry to bother you, Mr. Florrick.

Alicia, the judge wants us back in.

Your Honor, 30 minutes ago, Ms. Bach approached my client and offered to abort the fetus for $100,000.

DAVID: Judge, that is a preposterous lie.

It constitutes blackmail, Your Honor.

Wait a minute.

You've ruled that my client has the right to decide whether to have an abortion.

There's nothing illegal about monetizing that right.

So you're saying that she made this offer?

No, I'm saying, if she did make this offer... and I have no knowledge that she did... she was merely using money as a carrot, just as the Isenstadts used it as a stick.

Judge, if tying the destruction of a fetus to the payment of money isn't blackmail, nothing is.

JUDGE: Okay.

I'll hear from Ms. Bach on this question first thing tomorrow.

ALICIA: Judge, even if she were to make the offer, it was nothing more than a permissible settlement negotiation in a civil case.

Or a crime.

If I find your client's committed one, I'll refer her to the state's attorney.

Mom, did you tell Cam to leave me alone?

Good morning, Grace.

Did you tell Cam to get lost?

You mean the man with the motorcycle helmet, the man who came to my door, who wanted to come in and have a beer and wait for you?

Mom, he's my pastor.

He's the head of Campus Faith.

He was supposed to pick up some reading plans.

Okay... Grace, he didn't look like a...

I don't know what he looked like, but just because they're pastors doesn't mean anything.

Mom, what's going on?

I saw the website...

The Ten Hottest Daughters.

Zach showed you.

No, I forced him to show me.

Mom, that doesn't mean anything.

I'm not after all of that.

I know, honey, but boys are.

So?

So...

You're dressing differently.

You're taking dresses from my closet.

You said I could.

I know, but, Grace, I'm your mom, and this...

Mom... I want to be pretty.

Just let me be pretty.

Oh, honey, you are pretty.

No, you have to say that.

I want other people to think that I'm pretty.

Did you tell my clients that you'd only have an abortion if they paid you $100,000?

No, I did not.

If the court would please instruct the witness she's under oath...

Objection, Your Honor.

The witness has been sworn and is fully aware of that.

You are under oath, ma'am.

(Gasps)

ROBYN: Psst.

TARA: I might have said that $100,000...

I was looking into the possibility that Dr. Tuft has a DUI.

Really?

Yeah.

He doesn't, but I was checking with his medical reps and I did find out something else.

SCHMIDT: So, what do you have?

DAVID: As Dr. Tuft's notes show, he cultured the embryo 48 hours prior to implantation.

Meaning there's been a miscalculation of fetal age.

Let me see that.

We're in the third trimester, Mr. Schmidt, meaning the fetus is viable.

DAVID: Which means you won't be able to pressure our client to terminate.

Okay.

You're selfish, Tara.

It'd be one thing if you said I'm adopting him, but you're walking away.

Remember what you said, Kathy, after the first sonogram?

"Do everything you can to protect my baby."

(Scoffs)

This isn't protecting.

It's owning.

I'm keeping him alive.

That's the only way I know how to protect him.

Feel him kicking, Kathy.

Just feel him.

No.

DAVID: It's the final offer, Diane.

No, it's the final offer when I accept it.

No.

Howard, David, could you please give us a moment?

HOWARD: We got a problem?

No, just something between Diane and myself.

Alicia, you stay.

I'm going to want you to run a change in the contract.

What do you want?

More than this.

No, this isn't about money.

This is about us.

So, what do you want from me?

I put my life into this place.

My whole life.

And it's appreciated.

No, it's not...

Not with ghouls like that shoving me out the door.

Well, I can't negotiate appreciation.

That's right.

That's why you'd better do it with money.

And how much appreciation are you looking for, Your Honor?

I must have really hurt you... to make you want to hurt me like this.

That was the deal from the beginning, Diane, remember?

We work together until it's not fun or profitable anymore.

Well, here we are.

Are you having fun?

Bump the package up by 20% and I'll leave.

I can't do that.

Then find another way.

I'll be at home.

(Sighs)

She'll come around.

She knows she can't be sworn in with a partnership dispute hanging over her head.

We need to leave this week.

You're sure?

Yes.