05x06 - Vowel Play

Episode transcripts for the TV show "L. A. Law". Aired: September 15, 1986 – May 19, 1994.*
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High-powered law firm of McKenzie, Brackman, Chaney and Kuzak handles both criminal and civil cases, but the office politics and romance often distract them from the courtroom.
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05x06 - Vowel Play

Post by bunniefuu »

Crowd: "Wheel... of... Fortune."

[applause]

[upbeat music]

MC: From Television City in Hollywood,

one of America's most loved shows.

[applause]

The famous wheel is spinning your way,

with lots of cash and an assortment of sumptuous prizes.

And now, here's your host,

Bob Goen!

Hey there. Hi, everybody.

And thank you, Charlie O'Donnel.

And welcome to you at home.

Thanks for joining us on "Wheel of Fortune."

We have three eager players with us today.

So let's get right to it and introduce

our lovely hostess, Ms. Vanna White.

[instrumental music]

[applause]

And our three players.

First off, our current champion is Edna Girth.

Goen: Edna.
- Hi.

Goen: Tell us something good here.


- Well, I'm doing great. Goen: Yeah.

I want to keep winning. I love that money. [laughs]

That about sums it up, doesn't it? Okay.

In the middle is Douglas Brackman, an attorney.


- Hello, Bob. Goen: Hi.

I have two wonderful sons, I'm single,

and I work in a downtown firm.

What did Shakespeare say, "k*ll all the downtown lawyers"?


- That's right, Bob. Goen: Well, welcome.

And down on the end, Chicago, Illinois,

brings us Jeffrey Wolin.

Goen: Jeffrey, I know you were a little nervous

before the show, but you look okay now.

I'm fine. Ready to play "Wheel of Fortune."

Okay, well let's get right to it then, shall we?

Let's take a look at our first puzzle.

Category is a "phrase."

Goen: And, Edna, you're going to start. Give it a spin.

[applause]

Edna: Come on, come on. I want that big money. Come on.

[crowd cheering]

Goen: Hey, three hundred.
- Uh, how about a "T"?

Goen: Yeah, good choice. We do have a "T" for you.

Edna: Spin it again, Bob. Let's see some big bucks.

[applause and cheering]

Goen: One
-fifty.

Okay, um...

H
-
- how about an "L"?

Yeah. Good choice. We have two "L's."

Edna: Alright. Yes. Ha
-ha!

Oh, baby, baby, come on, twelve
-fifty.

Come on, come on, come on, come on, come on.

Goen: Oh, slow down.
- Stop, stop.


- Stop! Oh. Oh. Goen: Slow down. Oh.

Goen: Too bad, boy. Well, you were on a roll, too.

I'm so sorry. Douglas, over to you.

[applause]

Come on. [claps]

Brackman: Twelve
-fifty. Twelve
-fifty. Alright.

Here we go. Twelve
-fifty. Nice opening spin.

Let's see. Uh, uh... I want a "B."

Good choice. Two big "B's" over there.

Goen: Okay, you have $ already.

You want to spin, solve it, buy a vowel?


- I'm going to try to solve. Goen: You're kidding.

"Bald is Beautiful?"

How about that? He's right.

[crowd cheering]

[laughter]

[applause]

[theme music]

[music continues]

[music continues]

[music continues]

[music continues]

[soft music]

[music continues]

First up, on an administrative note,

I'll be out of the office again tomorrow afternoon.

Brackman: As the currant champion on "Wheel of Fortune,"

I've been invited back for another round.


- How much did you win?
- Eleven thousand cash.


- Plus the dinette set.
- Wow.

Brackman: I thank you for your support.

On a second administrative point,

let me note for the record, the absence

once again of C.J. Lamb from this staff meeting.

Brackman: I've spoken to her four times now,

obviously to no avail.

Hm. I'll talk to her. Let's go.

Next item, the Totten tax case,

which has now turned into the Totten audit,

thanks to our ever vigilant tax expert.

The IRS swooped down, Douglas.

They just pounced. Nobody could have seen it coming.

Pouncing is what we're here to prevent, Stuart.

It's what the client pays us for.

Leave him alone, Douglas.

Brackman: Steve Totten is a million dollar client.

We have to fend off this audit.

I'm on it, Douglas, okay?

Rosen vs. Harbaugh.

Yeah, couldn't settle. We start today.


- This can be won.
- Come on, Victor.

The doctor could've prevented this.

I think you're absolutely right.


- It's just he had reason to
-
-
- There's no prospect cause.

Man : You wanna talk about this
-
-

Okay, okay, let's not try it here.

Victor, do what you can to settle it.

Leland, I have been trying to settle it. But they've offered

fifteen thousand. Now, how the hell do I convince

the victim's family that her life

was worth less than a Volvo?

That's not the question. The question is

making doctors responsible for every

unfortunate event, even if their parents
-
-

Ann, he knew what was happening.

He damn well should take responsibility.


- Come on, Victor.
- You have no case, no way.

Alright, that's enough!

Do the best you can, Victor.

Douglas, move on.

That's it. We're adjourned.

[door closes]

They told me, but I had to see this for myself.

Tommy?


- Tommy.
- Ahh...

Well, you actually moved into a stinking suit and tie shop?

Hey, I tried to phone you and your line was disconnected.

Yeah, I hit a few bumps lately,

but the phones are on again.

Listen, sweetheart,

have I got a present for you.

Non
-smoker, lung cancer, second
-hand smoke.

I beg your pardon?

Mullaney: The doctors tell me it's for real.

Thirty
-two years old,

parents smoked Victory Menthols. He never smoked.

And he has lung cancer?

Mullaney: It could be a big case, C.J., and it's all yours,

but you've gotta move.

There are two depos scheduled this week.


- So why don'tyouwant it? Mullaney: I do.

But, uh, tobacco companies hire lots of lawyers.

Motions, paper from word processing hell.

Having trouble keeping up.

Plus which my malpractice insurance just lapsed.

Tommy...

Yeah, like I said, I hit a few bumps.

Take care of this guy for me, will you? I like him.

[chuckles] How about we do it together? Co
-counsel.


- You don't have to do that.
- I'm thinking of the client.

We couldn't possibly get up to speed

for two depositions this week.

You know the case,

and you are probably a better litigator

than anybody I've got here.

You try the case, we provide the back up,

you cut us in for one third of the take.


- Serious?
- Serious.

Leave the file so I can review it.

And schedule the depositions to take place here.

It's not here.

Gwen! It's not here!

Gwen: What?


- What's wrong?
- I can't find it.


- What?
- .

The whole correspondence from the field office.

Totten's coming in tomorrow to go over it.

Now, how could we lose a whole year?

We didn't. Stuart, it's right here.

You're gonna hyperventilate.

Will you sit down and relax?

Breathe into this.

[paper bag rustling]

[exhales]


- Better?
- Thanks.

I'm sorry.

I can't believe it was sitting right there.

I'm going off the deep end, aren't I?

You're fine.

You're totally prepared for this.

Well, I don't feel prepared. [sighs]

I feel scattered, I feel disorganized,

but I don't feel...

I'm scared. I've done hundreds of audits and I...

feel like it's the first time.

Listen.

You know the pension fund backwards.

You found the best SEC consultant in town.

And you've got every schedule Totten ever filed in your head.

Stuart, the IRS...

doesn't stand a chance with you.

They're not going to know what hit 'em.

Do you really believe that?

Absolutely.

Thanks.

Mrs. Klein, what was your relationship to Barbara Rosen?

Klein: She was my sister.

We were very close. We were months apart.

And how did your sister die, ma'am?

She was m*rder*d.

Beaten to death by her husband.

Your Honor, the parties stipulate that Barbara Rosen

was indeed severely beaten on November , ,

by her husband, Peter Rosen,

that she d*ed the next day as a result of her injuries,

that Pete Rosen was convicted of voluntary manslaughter

and is now serving six years in state prison.


- So stipulated.
- Mrs. Klein.

Could you please tell the court why you are here today

suing your sister's doctor?

Yes. When Barbara's autopsy indicated

long term bruises and injuries,

I had her medical records subpoenaed from Dr. Harbaugh.

Sifuentes: And what did you find in those records?

A history of physical abuse

dating back over ten years.

Klein: Black eyes, broken ribs, concussions.

It was all there.

All of these injuries were

inflicted by your sister's husband?

Yes, and Dr. Harbaugh knew it.

Klein: He saw the bruises.

He knew she was a battered wife.

And yet, he did nothing.

Well, what would you have him do, ma'am?

Klein: He should have told the police.

Or at least he could have told us.

He was our family doctor for over years.

Klein: But he just repeatedly

kept sending her back home to be beaten.

He just stood by...

and let my sister...

get m*rder*d.

Thank you very much, Mrs. Klein.

Mrs. Klein, you say you and your sister were close.

How often did you see each other?

Whenever I came into town.

And on holidays, so maybe four or five times a year.

Did you ever see any evidence that she was being abused?

Klein: I remember once, she was limping.

And I remember a bruise.

But she had explanations both times.

Duffy: But you suspected abuse, didn't you, Mrs. Klein?


- I never knew how bad it was
-
-
- Why didn't you tell anyone?

Why didn'tyoureport it to the police?

Because I...

I
-
- I didn't know how serious it was.


- Did you ever ask her?
- No, because I
-
-

Duffy: Because you respected her privacy.

But Dr. Harbaugh shouldn't have.

He should have treated your sister like a child,

even though she was a grown, educated woman.

He should have done his job!

Duffy: He should have assumed

that she didn't know what was good for her

and made decisions that were rightfully Barbara Rosen's.

You saw what Peter did and you did nothing.

Duffy: Move to strike.
- You let my sister get k*lled.

Okay, let's tackle the limited partnerships.

Right. We have all the prospectuses on file,

including favorable opinions

by two major accounting firms.

Gwen: They're indexed by year,

but we also have cross files

by venture and state.

Uh, Ms. Taylor ran Mr. Totten's returns

through the computer, along with

partnership reports and changes in the tax code.

What she came up with was pretty interesting.

Uh, in some cases Mr. Totten

actually failed to take losses he was entitled to.

Hmm.

And we also have chapter

and verse on pension plans,

and financial statements,

and depositions by fiduciaries.

And we're more interested in...

deductions and securities.

Especially the boat.

All documentation for business use of the Sea Witch,

dating back to .

The bottom shelf has the ship's logs and galley receipts.

And our independent consultant

reviewed all of Mr. Totten's securities transactions

and found no tax liability whatsoever.

Gwen: She signed off on each one.

Individually?

Mr. Markowitz thought that would be best.

Alright.

If you can chart all this out,

have a written summary signed off by the accountant

on my desk at : a.m....


- I'll call off the audit.
- You will?

Three pages, single spaced, including file references.

It's a deal.

[clears throat and sighs]

Markowitz: So, uh,

o'clock, it will be there.

I can hardly wait.

Thank you.

[telephone ringing]

[Gwen sighs]


- Yes!
- Ha
-ha!

[sighs]

We have a lot of work to do.

Oh, I can stay as late as you need me.

You're the best.

Huh, dinner's on me tonight.

Now, we'll send out if we have to,

but if we get far enough along,

I know this really nice place.

Because we just pulled off a miracle.

[sighs]

I smoked maybe three cigarettes total when I was a teenager.

And when were you diagnosed

with lung cancer, Mr. Sheppard?

Sheppard: Two years ago. And the doctors

told me it was from years of breathing smoke,

growing up in a house where both parents smoked.

That's just wrong.

Tommy: Excuse me, sir.

You are not the witness here.

Tomorrow you will be the witness.

That's when I'll be asking the questions.

Don't thr*aten my client.

I'm just trying to shed some light here.


- He seems a bit confused.
- Come on, boys.

Let's get on with it.

The doctors made no conclusive findings

about your exact cause of cancer, now did they, sir?

They said they thought it had to be
-
-

I'm not interested in what they thought.

Tommy: You interrupted again.

Don't make me smack you.

This is a deposition, Mr. Mullaney, not a rugby match.

Flaherty: And anymore comments from you, and I will

suspend this proceeding and move for sanctions.

You take up a judge's time with a stupid motion like that,

he'll be glad I smacked ya.

Did the doctors...

conclusively find

that your lung cancer

was caused by second
-hand smoke?


- That was their opinion.
- Their opinion.

Thank you.

Okay, we're done.

Flaherty: This proceeding is adjourned.

We'll see you all tomorrow.

Just a little more up here and we're in business.

I should have used my free turn.

Another letter, I could've solved it.

Tough break.

Okay, you're all set.

These have to be a size smaller.

They're cutting off my circulation.


- Hi. Vanna: Hi.

You know...

I've been a big admirer of yours for some time now.

Please, there's no conversation with Ms. White.

Okay, no conversation.

I'm just going to take my sh*t. I'm not in the industry.

I'm just a boring corporate attorney

who leads a very dull life.

But I happen to have o'clock reservations

at Le Dome tomorrow night. Will I be eating alone?

Yes, you will. Regulations.

We're not allowed to have any contact

with contestants during the game.

I see. So if it wasn't against federal law

you might consider it?

Cute.

[indistinct chatter]

Cute.

This woman was your patient, doctor.

I did everything I could to help Barbara Rosen.

I really did.

Besides treating her physical injuries, what did you do?

I listened to her. I urged her to get marriage counseling

or go into therapy.

I even tried talking to Peter.

Harbaugh: But he wouldn't admit that he had a problem.

Duffy: What about Mrs. Rosen?

Did she respond to your suggestions?

No. No. She begged me not to tell anyone.

She was so sure that Peter was going to change.

I tried to tell her that he wouldn't.

Did you try more than once?

Every time she came in with an injury.

But talking about it only made her feel worse.

Harbaugh: She was scared that people were going to find out,

that Peter was going to divorce her

and take away her children.

Dr. Harbaugh, do you feel you fulfilled

your professional obligations to Barbara Rosen?

Yes. I diagnosed her

and I strongly recommended a course of treatment.

Harbaugh: But there was nothing more that I could do.

Thank you, doctor.

Dr. Harbaugh...

why was it that you didn't report to the authorities

that Barbara Rosen was being abused by her husband?

She made it clear that she didn't want me to.

Well, sir, what if you were treating a child

that you suspected of being abused?

Barbara Rosen wasn't a child.

Sifuentes: And, doctor, aren't you required

by California law to report

any case involving injuries

that you reasonably believe

were inflicted by a criminal act?

Yes.

Sifuentes: Well, I'm going to refer to your

own medical notes here, sir.

Uh, July th, , quote,

"The patient suffered severe lacerations

"as well as a concussion.

Appears to have been struck by a blunt instrument."

You didn't consider that to be a criminal act?

I had no proof that she was struck by anybody.

Sifuentes: Well, why didn't you tell the police?

Harbaugh: The police aren't going to act

on a doctor's suspicion.

Sir, why didn't you at least

report it to them and give them a chance?

Because all that would have happened was

Barbara would have sued me

for breaching confidentiality.

Oh, so that's why you

decided to stay quiet.


- Fear of being sued.
- That's one reason.

The other reason is that I am also required by law

to uphold the confidentiality of my patient,

and my patient asked me to stay quiet.

But your patient wasn't in control here, doctor.

She was being terrorized by her husband.

Obviously her judgment
-
-

That's a psychiatric observation, counselor.


- I'm not a psychiatrist.
- Come on, doctor.

You knew what she was headed for.

Hey! I warn my alcoholic patients to stop drinking!

Most don't! I urge battered wives to leave their husbands.

Most don't!

One more time,

I'm going to go back to your own records here.

Mrs. Rosen's injuries

were progressively getting worse.

They weren't just black eyes and broken ribs.

You had two concussions here.


- A broken nose
-
-
- Yes, but
-
-

But what, doctor? What were you waiting for?


- This is badgering! Judge Saucier: Overruled.

How badly would Peter Rosen have had to hurt your patient

before you would have done

something to help her? What, a broken neck?

Sifuentes: Fractured skull?
- Your Honor!

Sifuentes: How much does it take

before you decide

to get involved, doctor?

[melancholy music]

So there
-
- there I am with the love of my college life.

And I'm crazy about this girl, right?

We go to this very fancy restaurant,

which I can't afford.

Now, this place is very romantic.

And it's got candles on the table.


- Mm
-hmm.
- And it's got these huge menus.

So I'm reading the menu, and I don't realize

that the menu's perched right over the candle.


- Oh, no, you didn't. No...
- Oh, I did.

So, all of a sudden I hear this scream,

and I look up and my menu was burning.


- You know, it's up in flames.
- Ha
-ha.

The maître d' is running around,

the waiter comes over to the table,

grabs the water, and he throws it,

not on the flames, not on the menu.


- No.
- Right on my girlfriend.


- No
-ho
-ho
-ho.
- Oh, yeah.

She... she dried out eventually.

But the relationship was never the same.

[laughter]

Thanks for dinner, Stuart. I had a wonderful time.

Well, thanks for your help.

I couldn't have done it without you.


- Yes, you could.
- No, I couldn't.

You're one hell of a support staff.

And you are one hell of a lawyer.

Stuart, we can't do this.


- We can't?
- No.

Yeah, right. We can't. I'm sorry.

[Gwen sighs]

I acted just like Arnie Becker, didn't I?

You could never be like Arnie Becker.

You're a decent, mature man.

And if you weren't married, maybe things would be different.

But you are, and I work for you.

And I don't want that to change.

Neither do I.

Look, this was all my fault.

You don't have to worry about your job.

I'm not.

We better get back to it, huh?

Yeah. I just have to print out the final draft.


- I'll clean up tomorrow.
- No rush. No rush.

So, did you ever go back to the Chez Pierre?

Oh, yeah. Yeah. One time, years later.

It was a laundromat then. The restaurant had b*rned down.

But I had nothing to do with it. I didn't.

[laughing]

[melancholy music]

Let's go home, Stuart.

[instrumental music]

So, in your opinion, Dr. Cahill,

the, uh, defendant should have intervened?

Of course. Simply treating

a patient's injuries is not enough.

If the doctor is aware of the underlying "disease" of abuse,

he has to do everything he can to cure it.

Sifuentes: Even if a patient, like Barbara Rosen,

denies that the abuse is occurring?

Especially then. Denial by the victim is
-
- is a symptom.

It's part of being terrorized by the batterer

and the cure for it is to bring the truth out in the open.

Well, you know, doctor, this is, uh...

is a husband and wife thing.

Right? I mean, if she chooses not
-
-

According to the FBI, percent of all

female homicide victims over the age of fifteen

have been m*rder*d by their husbands

or by an intimate partner.

Cahill: But this man didn't need to rely on statistics.

Heknewthe husband was the abuser.

His continued silence was gross malpractice.

Those are strong words, doctor.

Sometimes strong words can save a life.


- Objection!
- Sustained.

I have nothing further.

You're asking my client to play social worker.

I'm asking that he take care of his patient.

She was suffering from a disease

called domestic v*olence,

and he failed to treat it.

Duffy: So we should abolish doctor
-patient privilege?

These cases are unique. The patient
-
-

You're advocating right now the abolition

of doctor
-patient privilege.


- Yes or no?
- Yes, but
-
-

And this should be at the doctor's discretion.

At his whim,

he should be able to disregard

the confidentiality of a patient.

It's better than letting her be beaten to death.

Have you ever reported the abuse of a patient, doctor?

Yes. Twice.

Duffy: Did the police do anything?

Cahill: No, but that doesn't mean
-
-

Duffy: Yes. And it's very possible

that nothing would have happened

in Barbara Rosen's case

had my client...

reported this, isn't it?

He still should have tried.

He should have betrayed his patient's trust?

Mrs. Rosen needed help.

She was in a state of emotional paralysis.

Duffy: Emotional paralysis.

That's a psychiatric opinion, doctor.


- Are you a psychiatrist?
- No, I'm not.

Neither is Dr. Harbaugh. Are you suggesting
-
-

I'm saying he should've used common sense.

And once again, by common sense,

you mean that the doctor should have overridden

the clear expressed intent

of one of his competent adult patients.

Duffy: True or false?

True, but life
-
-

Thanks, doctor. I got it.

Nothing further.

[door opens]

Leland just told me about Totten.


- Congratulations.
- Thanks.

What's wrong?

You go out with guys much?

[scoffs] I don't know. Sometimes.

[stammers] I mean, do you have a lot of friends?

Well, a few close ones, I guess.

I don't. Heh.

I have my work and I have Ann and I have Matthew.

And that's it.

What the hell are you talking about, Stuart?

I kissed another woman.

I wanted to do it, I did it.

And she didn't kiss me, I kissed her.

I don't know who I am anymore, Mike.

[stammers] I...

[scoffs] I'm not a good husband.

And I don't feel like a good lawyer.

You're a great lawyer, Stuart.

Hell, you just b*at the IRS.

You have a wife and a son who love you.

So you had a heart att*ck.

You're human.

I have no sense of myself anymore, Mike.

[stammers] I...

[Kuzak sighs]

Nothing feels like...

like me, you know?

Did you talk to Ann about it?

We try to talk, but we don't. We...

We can't even argue anymore.

I wasn't running toward another woman,

I was running away from Ann.

You still love her?

I do.

Then try again.

I don't think I can.

[intercom beeps]

Yes?

Becker: Uh, hello, Douglas, it's your good friend Arnie here.

What are you doing at my secretary's station?

Becker: Oh, well, I just happened to be nearby

when I saw a Ms. Vanna White approaching.

She doesn't have an appointment. Shall I send her away?

Very funny. Why don't the two of you go off

and have a vowel movement together?

Now that's a pretty nasty thing to say, don't you think?

Becker: You told me that you lost yesterday.

It looks to me like you won pretty big.

Could I have a minute with him alone?

Becker: Oh, sure. And, uh, I'll tell you what,

if the cat doesn't give him back his tongue,

my office is just two doors down.

Great.

[door shuts]

Why are you here?

I'm sorry. But I just thought that...

since you're off the show now,

it wouldn't be illegal for you and me to be friends.

Now I know it's a joke.

Alright, Arnie, you can come in.

It's no joke. You seem very nice.

Vanna: And when I told you about the FCC regulations,

you seemed to receive it as a polite form of rejection.

And I wanted you to know that wasn't the case.

Would you...

would you like to have a date?

Well, how about a simple lunch?

No cash prizes, no assortment of sumptuous gifts.

Just a hamburger by the beach.

I'd love it. Tomorrow, o'clock?

Perfect. We'll talk in the morning and make a plan.

See ya.

Bye.

Get snide if you want, counsel,

but secondary smoke does not cause lung cancer.

You are aware that the United States

Surgeon General's Office says that itdoes.


- They're wrong. Mullaney: Ah.

And would the uh,

New England Journal of Medicine also be wrong

when it says that second
-hand smoke causes

almost , deaths annually

in this country alone?

We don't agree with their data.

But you are aware of their data.


- Aren't you, Mr. McGery?
- Yes, we are.

And are you also aware of the recent medical reports

which say that the risk of lung cancer

is nearly double for all people exposed

to second
-hand smoke during early childhood?

It has been brought to our attention.

Well, with all this information in your possession,

are you doing anything to warn the non
-smoker?

We have put warnings on all of our packaging.

Mullaney: Which warn the smoker.

What are you doing to warn the non
-smoker

that they're at risk too?

The law does not compel us to do so.

What about human safety?

You don't find that compelling?

I need a moment.

No, I'm not going off the record.

I can confer with my client.

Mullaney: Please make note for the record

that Attorneys Flaherty

and Stadler are whispering

in the respective ears of the witness.

Please further note

my amazement at the witness's ability

to listen to two people simultaneously.


- I object to that.
- That was Mr. Stadler.

Mr. Flaherty is still whispering.

Even if we are aware

of the alleged dangers of second
-hand smoke,

we had no reason to be aware of those dangers

at the time that Mr. Sheppard...

was exposed to his parent's smoking.

What a lovely answer.

Was that Mr. Flaherty's or Mr. Stadler's?


- This is abusive.
- I am sorry, Mr. McGery.

But your company certainly

knew about the dangers of cigarette smoking

thirty years ago, didn't it?

Primary smoke, yes.

Well, did you do any testing

on the dangers of second
-hand smoke?

I don't believe we did.

So maybe the reason

that you didn't know about the risks

was that you never did any tests. Right?

Any particular ear you want that answer whispered into?

We can't test for everything, for God sake.

Well, you test for taste.

And you test for the color of the packaging.

Mullaney: And you test the commercials

to see which are most effective.

But you can't test to see who your smoke kills.

None of the others did, why should we?

"Why should we?"

Flaherty: I'm going to recommend we terminate this deposition.

This deposition is over.

Michael, move along.

That was a very silly thing to say.

I'd like you to know something.

Gwen: Nothing ever happened between Stuart and me.

We have a professional relationship and that's all.

Do you feel better now?

Last call.

Oh, no, thank you.

I'd like to get some sleep before next week.

[chuckles]

Sifuentes: You're right.

You know, I think that there's stuff growing in here.

Probably.

Is there something on your mind?

Harbaugh made a settlement offer.


- Twenty
-five thousand.
- You going to take it?

The client won't go for it.

I...

I keep telling her, uh...


- Twenty
-five is something.
- Yeah.

Sifuentes: But then I keep thinking to myself,

if we settle this thing quietly,

what about all those other defenseless women?

Who's going to help them?

It doesn't just happen to defenseless women, Victor.

It can happen to anybody.

You?

In my second year of law school...

I was seeing a professor.

I was too young to realize that...

that he got off on controlling women.

When I started to resist... he hit me.

Van Owen: And then he would tell me how stupid I was,

and that I would never be able to practice law,

and that I was completely worthless.

For a while I believed him.

Finally I left.

But I will never forget [tears paper]

the way he made me feel.

Well, did you tell anybody?

No.

I was afraid of what it said about me.

Of the look I am getting from you right now.

[scoffing] What?

Grace, it doesn't say anything about you.

He was the sick one, not you.

But it does change the way you think about me...

doesn't it?

Van Owen: You didn't before, but now you see me...

as a victim...

just a little.

Domestic v*olence is the single most common cause

of injury to women in this country today.

More common than car accidents,

muggings and r*pes combined.

Sifuentes: As many as percent of women

who visit emergency rooms

are treated forongoing physical abuse.

One third of all pregnant women...

are physically abused.

Regardless of race, educational background,

class, in America,

every seconds a woman is battered,

and every year, women

are battered to death.

Well, look around you, ladies and gentlemen, really...

because chances are that the woman sitting next to you

or the one sitting next to her...

has at sometime in their lives has been physically abused.

But you would never know it.

Partly because...

the police...

and doctors, like Dr. Harbaugh,

don't really want to get involved.

They stay silent, and they make it possible

for battered women to continue to be abused,

and sometimes m*rder*d.

Now, his lawyer talks about

respecting the wishes of his patient.

This doctor...

knew his patient was incapable

of helping herself here, he diagnosed it.

He also ignored his duty under California law

that requires him to report physical v*olence.

Sifuentes: He disregarded his patient, he disregarded the law,

and as a result, Barbara Rosen is dead.

"All that is necessary...

for evil to triumph is that good men do nothing."

Sifuentes: Steven Harbaugh did nothing, ladies and gentlemen.

Right now, he's hoping you'll do the same.

Thank you.

If we start forcing doctors

to be whistleblowers, you know what happens?

You eliminate doctor
-patient privilege.

Duffy: And battered wives and any other people

that have secrets that they don't want to be discovered,

will stay away from doctors.

People who need medical attention,

won't get it, because they'll be too afraid

to come forward.

Duffy: Suddenly, going to your doctor

will become tantamount

to going to the police.

My God...

wouldn't George Orwell be happy about that?

Duff: Competent adults suddenly

robbed of their right to privacy.

You and I, suddenly

forced to forfeit confidentiality

with our own physicians.

You cannot want that.

Of course, battering is horrible crime.

And there's nobody here

that shouldn't grieve for Barbara Rosen.

Stephen Harbaugh grieves for her.

He recommended that she seek psychiatric treatment,

he pleaded with her to leave her husband.

He did everything he could...

except abandon the trust...

that Barbara Rosen had placed with him.

Stephen Harbaugh is not responsible

for Barbara Rosen's death.

And you know that.

Alright. , sealed.

You don't even whisper it to each other.

I told you a million five.

What, did you think I was kidding?


- No, just insane.
- Michael.

The man never smoked a cigarette in his life,

he is dying of lung cancer.

Still difficult to prove in court.

Getting less difficult with

every new study that comes out.

Okay, let's stop this silly nonsense, shall we?

CJ: You cannot risk this case.

There is no contributory negligence defense

against the non
-smoker, no assumption of risk
-
-

Not to mention the fact that my mother

d*ed from your little cancer sticks,

you corporate piece of filth.

And I'll make it my life mission to get even.

I won't stay for this.

This cowboy tactic won't fly.

Oh, they will fly with the jury, Mr. Flaherty.

And you know why? Because I'm going to point at

a man who is dying of cancer,

whose lungs are corroded away,

a man who will be dead within a year.

And then I'm going to point at you,

CEO of the company that gave him cancer.

A company that knew its smoke was poison.

And by your own admission in the deposition yesterday,

a company that didn't even bother to check

the dangers of second
-hand smoke.

And, why? Because instead of netting

sixty
-two million dollars a year in profit,

you wanted to net sixty
-three.

No.

I don't think you want to see yourself

in front of a jury, Mr. McGery.

I really don't.

One five, totally sealed,

no admission of liability,

we draft the settlement to say whatever we want.

Check by end of business today.

Let's go.

[indistinct chatter]

Mother of Mary and Joseph.

[door opens]

Hi.


- Hi.
- Got some time?

A
-
- actually I don't.

I
-
- I let everything slide during Totten.

Maybe I should make an appointment.

Come on, Ann.

Stuart, every time I walk into a room, you walk out of it.

You're always asleep when I come to bed,

or pretending to be.

We haven't had a meal together in two weeks.

It's like you can't stand the sight of me.

I'm sorry.

What's going on?

I have to leave for a while.

Leave?

I have to move out.

I know we have some problems, Stuart,

but we can work them out.

It isn't sex, Ann. I wish it was.

That we could talk about.

Is it Gwen? Are you have an affair with her?

No. It ain't anything like that.

Then I don't understand.

It's everything, Ann.

You're watching me all the time.

[stammers] I can't...

work too long, I can't eat anything I like,

I can't make love to you.

It's like I'm already dead.

I love you, Stuart.

I don't mean to make you feel that way.

[voice breaking] I won't do it any more.

I love you, too.

It isn't about that.

Well, then what? What is it about?

I don't know. I...

I don't think I can get myself back if I'm with you.

[sighs]

Fifteen years, I think this is the first...

leisurely lunch I've ever had.

Then I guess I should feel flattered.

I'm the flattered one, believe me.

I keep thinking to myself,

a woman as, well,

desirable as you, why me?

I mean, I know this is just a simple lunch,

but, why me?

Truth is, what you said the other day is totally true.

Vanna: I don't have many opportunities to meet

corporate bores outside the industry.

Ah
-hah.

Vanna: I also thought,

as boring corporate types go,

you're kind of interesting.

You didn't mind getting hit on like that?

It's repulsive. But you were so inept at it,

I knew it wasn't something you did very often.

[laughs] You certainly are honest. I'll say that.

Listen, I've had a great time.


- I'd like to do it again.
- You would?

I would.

I'll call you.

I'll look forward to that.

[kisses]

[thud]

Judge Saucier: Mr. Foreman,

has the jury reached its verdict?

No, Your Honor, we haven't.

I beg your pardon?

Foreman: We're hung. We can't agree.

Well, let's get back in there

and deliberate until you do agree.

Your Honor, the vote is six to six,

and there's no inclination

by anybody to change their minds here.

Foreman: We've already had a near fist fight.

While I know you don't know me from Adam,

trust me, when I tell you that...

this jury is never going to reach a verdict.

This proceeding is declared a mistrial.

Members of the jury, thank you for your efforts.

Judge Saucier: The parties can refile for a second trial,

but I seriously suggest that you get together.

We're adjourned.

[door opens]

Okay.

We'll go to fifty thousand, no admission.

Fifty thousand dollars for my sister's life?

That's an insult.

You're looking at another trial, Mrs. Klein.

Your chances of winning aren't good.

And it's going to cost you a lot of money.

I don't care.

We'll take it under consideration.


- Victor.
- We should discuss it.

You know my number.

Ellen, I want you to know how sorry I am.

Barbara wasn't just my patient. She was my friend for ten years.

Then why didn't you help her, Stephen?

[door opens]

[door shuts]

I think we should settle.

Keep quiet and walk away.

A jury won't ever agree on this, Ellen.

Sifuentes: The law just doesn't provide for battered women.

And until it does...

we just can't nail guys like Harbaugh.

It's not the law. It's the lawyers.

Klein: If he goes to the police,

the lawyers scream liable.

If he tells anybody else,

the lawyers scream

breach of confidentiality.

If he tries to counsel her, the lawyers scream negligence

because he's practicing psychiatry without a license.

And then when the lawyers

got him so scared that he just closes his eyes

and lets an innocent person get k*lled,

along comes another lawyer

to say that he was right.

Ellen.

I'll take the settlement, Victor...

but I won't shut up.

I owe Barbara that much.

[door opens]

[door slams shut]

Mullaney: You should've seen David's face.

A million bucks, he lit up like the sun.

Okay, this one's payable to you.

This one goes to the firm.

Eighty
-three thousand dollars each.

That's a pretty good ending.


- What if it's not an ending?
- Beg your pardon?

Tommy, you just made over three hundred thousand dollars.

Certainly enough to put your life back on track.

But I bet between taxes, I.O.U's

and Lord knows what other debts you've piled up,

you'll be lucky to net half.

Are we anywhere near a point here?

My point is, that you're

one of the best trial lawyers I've ever seen.

You are also one of the biggest wastes of talent.

I have just spent the last half hour

convincing Leland McKenzie

that you could help this place.

You've gotta be kidding.

I am not kidding.

If you let me rescue you from yourself,

as well as your administrative ineptness,

you could spend all your time doing what you do best.

Trying cases. You could actually make a living.

Yeah, but I'm not the law firm type.


- Structure makes me puke.
- Give it a month.

What in God's name have you got to lose?

Well, what would I be in for?

Well, they do have these silly staff meetings

so you'd have to be in early.


- Every day?
- Every day.

But apart from that, you won't be too pinched.

And, you could personally see to it...

that this place doesn't change me.

What the hell?


- Hi.
- Hi.

[door closes]

Anything I can do?

Stuart's moving out.

Kelsey: He's
-
- he's leaving.

Not for good.

He says I'm the problem. [sighs]

He doesn't know who he is...

when he's with me.

Van Owen: You love each other.

You'll work it out.

I don't even know if he wants to.

Of course he does.

He never said so.

Stuart used to have this look...

like when he'd see me, like...

Like... he couldn't believe he was so happy.

I never see that look anymore.

You two have been through hell, Ann.

But you'll work it out.

And you've gotta believe that.

I can't.

[voice breaking] I've been sitting here trying,

but I
-
- I...

[crying] I just...

I can't see him ever coming back.

Hey. Hey.

It'll be okay.

[cries]

[theme music]

[music continues]
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