05x12 - The New Day

[bunniefuu]

From Atlanta, Georgia

To the Gulf Stream water

To Californ-i-a
I'm gonna spread my love

Oh, baby, night and day

Gimme gimme good loving
Every night

Hey, you know it's all right, child now

Gimme gimme good loving
Make it all right

So where did he go this time?

-Mexico.
-Mexico?

-Vacation, but. . . .
-But?

-Well, he's leaving the firm.
-What?

Not fully, but he's now
a part-time Biscuit.

-I know the semester's started--
-I've seen her transcripts.

-She should have no problem.
-Great.

-Dress code?
-No.

Considered it?

They tend to minimize bullying and class
distinction and help academic focus.

-We feel they inhibit individuality.
-Fine.

He'll still try cases sometimes.
He's just not a name partner.

What'll the firm be called? Fish?

It'll be fine, Nelle.
Everything will be great.

GLENN: What's up?
-John's in Mexico.

-He is?
-The little guy?

Oh, he's not little.

Big, then. Mexico?

-Security?
-Yes. Are bags searched?

How do you handle the mail?

-It's an elementary--
-Tragedies happen at elementaries.

-Not this one.
-What about bees?

-Bees?
-My daughter had a reaction once.

-It's winter.
-Spring is coming.

-We have a nurse.
-Trained?

-Kids per class?
-26.

-That's a lot.
-There are private schools.

-They're elitist.
-You're not?

-Was that a putdown?
-Not at all.

Does this school have a policy
against putdowns?

-I think you pushed too hard.
-I "pushed too hard"?

So I shouldn't worry about
bullies or security. . .

. . .I should just go with it,
and if my child dies, them's the breaks?

-You plan to be a total nightmare.
-You have no idea.

I've been down this road

The New Day

Walking the line
That's painted by pride

And I have made mistakes in my life
That ljust can 't hide

Oh, I believe I am ready
For what love has to bring

I got myself together
Now I'm ready to sing

I've been searching my soul tonight
I know there's so much more to life

Now I know I can shine the light
To fiind my way back home

Baby

(ALARM CLOCK BUZZES]

(COW MOOS]

Rise and shine, Maddie.

Come on, honey. We gotta get up
and go to school.

I'm not going today.

Of course you're going.
It's your first day.

Let's go. I made pancakes.

Ally, did you hear what I said?
I'm not going to school today.

Maddie, it's your first day.
School is not an optional thing.

Fine. You're a responsible mom.
Have a cookie.

-Sweetheart.
-I'm not going! Got it?

You get your pissy little ass up and to
the breakfast table. Now!

ALLY:
One, two. . . .

-Ally. Late.
-Not now. I'm--

ALLY: Thank you.
ELAINE: Richard needs you.

-Tell him I can't.
-Won't take a second.

-It's Maddie's first day--
-She's starting to bug me.

-Stop pulling me.
-John's gone again.

-Oh, brother. Where is he now?
-Mexico.

Mexico?

-He'll be back, but not as partner.
-What do you mean, not as partner?

He's staying on of counsel,
but he won't be a name partner anymore.

So, what are you gonna call the firm?
Fish?

I want to change the name.
I thought I'd run it by you.

-Why?
-I want to change it to Fish and McBeal.

Funny. Do I look like
I have time for jokes?

It's not a joke.
I want to make you partner.

Ally? I'm making you partner. This is
where you hug me. Kiss. Tongue, even.

Now? I just--

I just got to a point in my life
where I don't even want it.

-Now?
-Now.

Fish and McBeal?

Yeah. Yeah.

It would sound better
if it were McBeal and Fish.

Yeah, forget it.

-Fish and McBeal.
-Yeah.

Wow. Fish and McBeal.
Fish. . . . Fish and McBeal.

Fish and McBeal?

That's the rumor.
Aren't you just devastated?

He's making her partner.

Just a rumor.
You never heard it from me.

Couldn't you just scream? Share.

He said he had to make layoffs
due to the economy.

-Were you surprised to be one of them?
-Yes, since I'd won most of my trials.

-But then he told me the reason.
-Which was?

I have AIDS.

That's the reason Mr. Cobb gave
for f*ring you?

-Yes.
-Did it affect your job performance?

No, and he was very diplomatic
about it.

He said the firm had to make some
difficult choices about its future.

Since, statistically, I didn't
figure to be alive in the future. . .

. . .it didn't make since to
keep me on.

-He was very honest?
-Brutally.

-Were you honest?
-I beg your pardon?

When you interviewed for the job,
you were HIV-positive?

-Yes.
-Did you advise Mr. Cobb?

No. My medical history is my private
business. As a lawyer, you know this.

Did you discuss partnership
during your interview?

-Yes.
-You knew McKinley-Cobb invests. . .

-. . .in the futures of its associates?
-Yes.

When you took the job, it was unlikely
you'd ever become a partner, wasn't it?

I think your question is,
"Would I live long enough?"

Correct. That is my question.

How long do the doctors give you?

Your Honor, these are private issues--

Overruled. Your client is suing.
She brought this into a public forum.

-Are you symptomatic, Ms. Bridgeman?
-I'm starting to become symptomatic, yes.

I apologize for the question,
but I must ask again.

How long do the doctors give you?

About two years.

By "smooth read," I mean simply that.

The books you can read smoothly.

You should be engaged by the story.

If a read is too difficult, if you're. . .

. . .having trouble following the story,
this would not be a smooth read.

Put it down.

On your own time, when you read,
it should be fun.

Once you finish a book, check it off
so I can keep track.

-Yes?
ALLY: Must the books be from your list?

Can she read one not on the list that
appears to be smooth?

And if there's one
I don't want her to read--

Is there a book you find inappropriate?

The kids are reading a novelization
of Annie I wouldn't want her reading.

Looks like Goldilocks.

That chunky little boy
insulted my daughter.

-Ms. McBeal--
-I'm sorry, but I'm concerned. . .

. . .about her meeting new friends.
That fat kid is nasty. . .

. . .and prejudice comes in smooth reads
because bigots cannot spell.

I wasn't discriminating against AIDS.

I had to make hard choices
about who to keep.

Let's be fair. Kelly Bridgeman having
AIDS was the determining factor.

-Yes.
-You don't see this as discrimination?

Law firms lose money
on young associates.

We're willing to do so because
we're training tomorrow's partners.

If Kelly won't be here tomorrow,
I know how cold this sounds. . .

. . .I have a fiduciary responsibility
to the firm, to the other partners.

-Business is business.
-I object to that.

-You said it.
-Business dictates we discharge her. . .

. . .in good times or bad, Ms. Lipp.

Before September, when times were good,
we employed her, even though. . . .

But with the losses we are now taking,
unfortunately, this is a new day.

Could she perform her job, Mr. Cobb?

-Well, actually, no.
-What couldn't she do?

One part of an associate's job
is to build a client roster. . .

. . .and to service that roster over time,
in the future. She has neither.

I hate to sound cold.

So in a sinking boat,
throw the sick and elderly over first?

It's not that.

You lose on associates? Didn't she
bill out more than her salary?

-The clients weren't paying their bills.
-That's true with all your lawyers.

-Correct--
-She's the one you fired.

-The one with AIDS.
-Objection.

COBB: That is not fair.
-Is fairness a goal with you?

-I am a fair man, Ms. Lipp, but--
-You dumped the one with AIDS.

-It wasn't because she had AIDS.
-You said so yourself--

-I did not fire her for having AIDS!
-Then why?

It's because she's dying.

There's a difference.

Would you care to explain
the difference?

Our firm, it has to rebuild, Ms. Lipp. . .

. . .economically and emotionally--

-What do you mean, "emotionally"?
-Look, I've stated my reasons.

Sir, what do you mean, you're
rebuilding emotionally?

Answer the question, sir.

Two of our people were
on the first plane, Ms. Lipp.

We've all had to deal with loss.

The last thing we now need is. . . .

So you're protecting the other members
of your firm from more loss.

You say it like it's nothing.

Trust me, it's not nothing.

-Why am I not partner?
-Partners split the pie.

If I split it three ways, I get less.
That's not acceptable.

What I don't find acceptable is that
answer. I expect something appropriate.

Do you consider John Cage kind?
A man of compassion?

I do.

And I should look to you
to fill that void? Bygones.

The workers like Ally.
Nelle, you're not a liked person.

Off you go, now.

Ally, you got calls from a few parents.

-Parents?
-Confirming the play date.

-What play date?
-Maddie's having some thing.

-I just invited a few kids over. So?
-You didn't check with me.

I thought you wanted me
to meet friends.

-That's not the point, Maddie.
-What is the point, Ally?

I am the parent, and I am in control
of what goes on under this roof.

And I am already becoming my mother.

-I'll call off the play date.
-That is not the point either.

I just seem to keep missing
the point here, don't l?

(SCREAMS]

Why don't we just set up a fail-safe,
and you check with me on things first.

Would that apply to vomit?
Because I'm about to puke.

Yes, it would apply to vomit.

I didn't send for a plumber.

Look, Maddie, it isn't very
interesting, okay?

You're testing her because you're not
convinced she wants you.

Well, she does.

And you're a smart kid, so you're
setting up boundaries. . .

. . .during this honeymoon period while
she tries to prove she loves you.

Well, here's where
you got it wrong, though.

She doesn't have to love you yet,
and maybe she won't.

-I'll ask you not to parent my child.
-I'm just trying to help. I'm sorry.

-Don't go in there.
-Why?

Let her come to you.
She needs to apologize.

-She's 1 0.
-She's old enough to apologize.

You two still care about each other.
We have to work this out.

Ms. Lipp, she sued me.
I was happy to work this out.

She engaged a lawyer,
filed a complaint. . .

. . .that alleges that I discriminate
against people with AIDS.

Owen, the reason you just gave in court
isn't legal grounds for f*ring somebody.

-So I'm victimized by my honesty?
-Oh, yes, prejudice is okay. . .

-. . .if you come clean with it.
-And lying's okay if you're sick?

-I didn't lie.
-You sat there and discussed the future. . .

. . . 1 0 years down the road. Did you
ever say, "By the way, I'm dying"?

So I shouldn't try to live, to work?

Kelly, it isn't just about you!

I'm the one with AIDS, Owen.
My immune system is shutting down.

-This is about me.
-What about the people who love you?

It's at their own peril.
You don't care, fine.

-I'm the parent here! I have to care!
-You're senior partner, not a parent.

I did nothing wrong. I won't settle.

What, you don't like it?
Cheerios is one of the few things. . .

. . .I can actually make.

The Cheerios are fine.
The chatter's annoying.

Sorry.

-Could I get you some juice?
-Could you? I'm sure you can.

You look able. May you?
I'll let you know.

Is something the matter?

I think I'm just nervous about
the play date, that's all.

Now, I'm sure it'll be okay.

-You'll be here, right?
-Yeah, absolutely.

I'll be interviewing some sitters,
but I'll be here.

Are you really okay?

(VOMITS]

-It's my Chanel!
-I'm sorry.

It's okay. It's okay.

-Maybe you should stay home.
-No, I can't.

I worked to get this play date. I can't
cancel. I may never get them back.

A hundred thousand?

-That's a lot of money, Corretta.
-I don't find that funny.

-I don't mean to be funny.
-He fired her for having a disease.

-Don't give me your closing.
-Fine. I'll just give you "no. "

Look, you might very well win here,
I admit that. . .

. . .but my client, for whatever reason,
he's entrenched.

You saw how he is.
He'll appeal all the way.

What are you saying?
He'll drag this out till she's dead?

-I'm saying my client is very entrenched.
-I'm offended by that.

You should be. And maybe
you should talk to your client.

I will, but please talk to yours.

-What kind of violent images?
-Of me hurting her.

I know that I never would, but. . . .

-Is there something wrong with me?
-Oh, Ally. Of course there is.

But some of the most evil people
make excellent parents.

You're seeing a violent image
right now, aren't you?

What's that?

-It's nothing.
-No, those are the books.

Richard's letting you look at the books.
You really are a partner!

How, um. . . .

-How do the others feel?
-Corretta's happy for you.

Glenn and Jenny are too, but they're
scared John is going. And Nelle. . . .

-That jealous, catty bitch.
-Somebody call me?

ALLY: Nelle.
-Ally.

-Come to congratulate me?
-Let's get something straight.

Your promotion is due more to
Richard's anemic leadership. . .

. . .than your legal talent,
which still remains elusive.

-Nelle.
-Ally.

I have no intentions of
flexing my muscles as partner.

Should you make life
difficult for me. . . .

-You'll have some trouble.
-Ally? Just try to push me around.

I have no time for these
power games. . .

. . .so if you could do your time sheets
and have them on my desk by 5.

-This isn't gonna work at all.
-Well, it's all up to you. . .

. . .my little associate.

Oh, and honey?
Remember when you do your hair now. . .

. . .to check the top of your head
for my footprints.

-Are you saying we can't win now?
-No.

-Then what, Raymond?
-Law favors her. The Disabilities Act--

-You said AIDS wasn't a disability.
-Not necessarily.

I am not settling.

Please lower your voice.

She's sympathetic.
She's also dying.

If the jury thinks you're
discriminating against her. . .

. . .they could hit you
with a very big number.

We agreed before we started,
the pragmatics favor me.

Why are you bailing on me?
You're saying she has a stronger side.

She does! You can't discriminate
because of AIDS.

My son had AIDS, all right?!

So don't you accuse me--

Your son d*ed of AIDS?

Last year.

So I do not discriminate against. . . .

Is that what this is about,
your son?

It has nothing to do with this case.

That's why I never even told you.

You talk about safeguarding your firm
emotionally.

-Are you protecting yourself, Owen?
-No!

No, that is not it. No.

Last night, you referred to yourself
as the parent.

I want to settle this case.
I think I can do so for 300,000.

That's within your policy, Owen.

Let me settle it.

You asked to see them.
It's not like I volunteered.

-You're paying us with your own money.
-I have plenty.

-How long has John not been paid?
-Few months. We'll bounce back.

We'll be fine, in time.

-Is that why you offered me partner?
-You earned partnership.

You're not buying in,
if that's your concern.

It isn't. Now, Richard, I'm. . . .

I'm no accountant,
but things won't be fine.

You have too much overhead.
You can't keep paying out of pocket.

Accept the partnership,
and I'll accept your input.

I only work till 5:00. I'll miss some
days completely and weekends are out.

The offer stands. I lost John.
I can't lose you.

-Is John ever gonna come back?
-Yes, he'll be of counsel.

He'll help with the big trials.
But day to day?

No, I can't lose you.

(PAGER BEEPS]

Oh, I gotta go.

She came home early.
She's up in her room.

ALLY: What happened?
-Her playmates canceled.

Oh, God.

-I should go to her, right?
-You should go to her.

In fourth grade,
kids used to throw rocks at me.

I don't want your pity.
Just help me get even.

If you retaliate,
you just stoop to their level.

Ally, I want to stoop.

Okay.

-Do you have access to their books?
-During recess.

-I never said this.
-We never spoke.

Draw naked men in their books.
Complain that the girls. . .

. . .are picking on you because you won't.
The teacher gets their books. . .

-. . .finds the pictures and suspends them.
-You are so awesome.

-Remember, I never said this.
-Of course not.

-I've never seen a naked man, so. . . .
-And you won't until your 25th birthday.

(VICTOR CLEARS HIS THROAT]

Victor! Hey.

You got a second?
I'd like to discuss some plumbing.

Are you nuts?

-It's none of your business.
-You can't tell a kid to do that.

-Did I ask for your opinion?
-No, but what good could come from this?

-I don't want her to be a victim.
-She'll get kicked out of school.

-What is wrong with you?
-You're fired.

-What?
-You heard me.

-Get your little wrench and go.
-You can't fire the plumber.

-Why not?
-Mass. General Laws.

Chapter 1 7, Subsection 2A. It's illegal
to fire a plumber before he's done.

It's to protect us from getting sued.
I'd think a lawyer would know that.

-As soon as you're done, I want you out.
-Fine.

-Fine. Go fix the pipes.
-Fine.

Fine.

CORRETTA: It's a good offer.
-I want my job back.

A jury can't give you your job back,
Kelly, only money--

Please don't lecture me.
I know what a jury can do.

-Three hundred thousand dollars--
-Is more than I can ever spend.

-Shall we put that on a billboard?
-You wanna b*at me up?

I think we'll win, but you were less
than forthcoming when you were hired.

It is a risk if we don't settle.

Risk is hardly a deterrent with me.
That much should be obvious.

I don't want to just go off somewhere
with a big pile of money and wait to--

I need to be vital, Corretta.
I need to work.

Living is about waking up every day
to battles and victories and losses.

You could work someplace else.

-Do pro bono work or--
-I want to fight.

They shouldn't have fired me.
If I lose, I lose. I want to fight.

-I thought you had a sitter.
ALLY: I fired her.

-Why?
-She wasn't right.

-Why?
-You'll laugh at me.

-I promise I won't laugh.
-She didn't like Moulin Rouge.

This is important because. . .?

A mother and a sitter have to sync up.
Moulin Rouge was a litmus.

She didn't embrace it,
so I couldn't embrace her.

-You're laughing at me inside.
-Where's Maddie?

In her room. And I have a meeting at
work, but she won't come to work.

She's still upset about the play date.
She's blue, and I'm stuck.

-You laugh at me inside one more--
-I'll watch her.

-I've got lots to do here.
-Could you?

Yeah.

Thank you. I will be back by 5,
but just. . . .

Oh, thank you, Victor. Thank you
so much. I really owe you.

Oh, and did you like Moulin Rouge?

I loved it.

Excellent. See you at 5.

The law is clear.

You cannot fire somebody
because of a disability. . .

. . .unless he or she is unable to
do the job.

Kelly Bridgeman
is an excellent attorney.

She can do the job.
Owen Cobb admitted as much.

She was discharged because
she might die soon. . .

. . .and he didn't want his employees
to have that emotional hardship.

What is that? You're sick, you're dying,
we don't want to have to look at you?

Mr. Cobb said, "Things are different
since September. It's a new day. "

And maybe he's right,
but I thought the new day. . .

. . .was supposed to be about
rediscovered humanity.

People treating others with more
compassion. . .

. . .reaching out to those in need.

Have we gone back
to the old day already?

Business is business. Bottom line.

The 1 2 of you sit in that box
representing society.

Why don't you go back to that room. . .

. . .and tell us what day it is.

It is different since September.

We are more humane.
At least, I think so.

So why shouldn't an employer protect
against the suffering of his workers?

Two people from McKinley-Cobb
were on Flight 1 1 .

The office is still trying to recover.

Maybe today, we have both economic
and emotional bottom lines.

If you've ever known someone or cared
about someone who d*ed of AIDS. . .

. . .the pain can take you.

Yes, this case is harsh.
Reality often is.

Kelly Bridgeman lost her job,
but Owen Cobb. . .

. . .had a fiduciary responsibility
to consider the interests. . .

. . .of his fellow partners,
the other workers.

This was not discrimination.

Maybe he shouldn't think about
employees healing.

Maybe he should just be senior partner.
Look after profits, corporate growth.

I'll echo Ms. Lipp's request.

Go back to that room
and tell us what day it is.

-Hey.
-Never mind "hey," just say you accept.

-I accept.
-Well, excellent.

What's going on?

Nobody closes the door for good news.
Why'd you close it?

-Is it for something sexual?
-No, Richard, nothing sexual.

-Oh, bugger.
-I've been going over the books.

You're driving this place into the
ground. My father manages a law firm. . .

-. . .so I do know the business end.
-Well, fine.

-You're administrative partner. Ideas?
-We need to restructure.

We need to let somebody go, maybe two.

I can't fire people. It isn't in me.

That's why John left, isn't it?
He couldn't either.

Well, you know, he wouldn't say,
but maybe.

I just can't do it, Ally.

I'll check the productivity reports
and I'll do it.

It's in you to. . .?

You could really fire someone?

I love this place, Richard. Sometimes
partners make tough decisions.

-You're gonna can Nelle.
-I'll analyze the productivity reports.

Her salary's the highest.
She doesn't like you.

-She's the natural candidate.
-I'll check the productivity reports.

And I don't want anyone knowing
I've been paying out of pocket.

-Yeah. Are we clear?
-Clear.

-The plumber cooks.
-Wow. You did all this?

He likes to cook.

-You should be all over him.
-Thank you, Maddie.

Please eat your dinner.

-I set a place for you.
-Well. . . .

Maybe you should freshen up?

Oh, Maddie, I think you're probably
fresh enough for both of us.

-My day went much better at school.
-It did?

Except for the homework,
which I'd better get started on.

-Thanks for the dinner. I appreciate it.
-It's nice to cook for someone else.

I looked up Mass. General Law,
by the way. Chapter 1 7, Subsection 2A.

-Nothing about plumbers.
-Am I being fired again?

You know, I'm--

I'm sorry.

You know, it's just, it's so much.
I was made partner. . .

. . .which I've always wanted,
just not necessarily now, and. . . .

It's just, like, children.
It's just the timing and. . . .

I'm sorry.

I don't know you very well, but you're
starting to sound a little pathetic.

-Excuse me?
-Complaining about being partner?

I wasn't complaining--

-Over getting a great kid?
-I'm not--

-You just did. I heard it.
-Did not.

-You're fired again.
-What?

Collect your tools, get out.
I'm tired of you judging me.

-I'm not judging you.
-When will you be done?

-I can be done tomorrow.
-Good. Then be gone.

You're whacked. You fire a sitter
because she doesn't like Moulin Blush--

-Rouge.
-Whatever.

-And now you're gonna fire me--
-You don't know me, okay?

Your life is simple. Mine is not.
Mine is treacherous!

And now you're laughing at me
inside again.

I am not.

Look. It's tough enough raising a kid
alone, even for a week.

I haven't done it alone. I've had you.
What'll I do when my pipes work?

-I could still babysit for a while.
-Really?

Yeah, l. . . . Could use the extra money.

Oh.

-Well, okay. Great. For a while.
-All right.

-Victor?
-I could use the extra money.

Mr. Foreman, the jury has reached
a verdict?

-We have, Your Honor.
-What say you?

In the matter of
Bridgeman vs. McKinley-Cobb. . .

. . .we find in favor of the plaintiff and
order the defendant to pay damages. . .

. . .in the amount of $360,000.

Ladies and gentlemen of the jury, this
concludes your service. We're adjourned.

-Sorry. Well, it could have been worse.
-Yes.

Thank you, Raymond.

-Can I give you a ride home or. . .?
-No, thanks.

-How about we celebrate? Dinner?
-You know, l. . . .

I think I'm just gonna sit here
by myself for a little while.

-Sure.
-I'll call you tomorrow.

And, thank you.

-You need a ride?
-Yes, actually.

Come on.

-Oh, and, congratulations.
-Thank you.

OLD LADY:
You stinker!