08x06 - Safe Sex

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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08x06 - Safe Sex

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Previously on "L.A. Law"...

-DOUGLAS: Jane Halliday. -ANN: Pass.

-Why pass? -Because she's a member of the religious right.

Wait a second. All we know is that

she's a young woman who happens to believe in God.

Is that all we know?

I was involved in a prison escape

of a Black Panther named Horace Washington.

I supplied the getaway car.

This particular case will, in all likelihood,

entail winning the trust of ex Black Panthers

to induce them to testify on our client's behalf.

Quite frankly, I think I'm in a better position to do that than Eli is.

No, I just thought you and I

got off on the wrong foot the other day, Mr. Shale.

I'd like to see if we can't rectify that.

-Okay. -Thank you.

Your guys made the arrest

because it's their job to make the arrest.

I fully understand that, I mean,

Barry is a fugitive, and you saw the opportunity

to bring him in, you brought him in.

I'm glad you've come to see it that way.

So what I'd like to address now is, uh,

how can we dispose of this thing?

How would you suggest we dispose of it?

I think he should plead guilty to a lesser charge,

and then you and I work out some sort of combination of

jail time and community service.

Uh-huh. And, uh, I should do this... why?

Well, mainly, because I think it's fair.

-You think it's fair? -Yes, I do.

I also think that since some years have passed,

this is gonna be a pretty hard case to prove.

Okay. As far as what's fair is concerned,

a correctional officer was k*lled

as an indirect but proximate result of your client's actions.

What's fair is that he serve the next years of his life in prison.

Now, as far as this case being hard to prove,

let me worry about that.

If you don't mind my asking, Mr. Shale,

why all the venom?

This is an old case.

Let me tell you a little bit about myself, Mr. Markowitz.

I got this job through Richard Kleindeenst,

who I count as one of my dearest friends.

I served proudly in the justice departments

of John Mitchell and Edwin Meese.

I'm sure that you, like most liberals,

gleefully welcome the fall from grace of those men.

I, uh-- I take a somewhat different view.

And what does that have to do with this case?

It has everything to do with this case.

Your client was devoted to armed insurrection.

He was a willing combatant

in an effort to undermine our way of life.

Now, I view him and his comrades in arms

and the so-called 's

the same way now as I viewed them then.

The only thing that's different is that now I've got him.

And this is the position of the Justice Department,

or is this some sort of personal vendetta of yours?

Until Janet Reno has me removed from this case, Mr. Markowitz,

I am the justice department.

♪♪ [theme]

♪♪

DOUGLAS: Can someone tell me who Gordon Hike is

and why we've paid him over $,?

He's a security consultant, Douglas.

LELAND: And?

And he's been hired to evaluate our situation here

and, uh, recommend various things to improve our security.

What is it you're worried about?

What is it that I'm worried about?

I'm worried about being k*lled.

Driving around in that Bentley wouldn't have heightened

your sense of vulnerability, would it?

Lawyers get k*lled, Leland. They get harassed,

they get ambushed, they get k*lled.

You remember what happened up in San Francisco. It could also happen here.

So what are you gonna do, live in fear all the time?

No, what you do is you take precautions.

Arnie's absolutely right. And it's not just

physical v*olence you have to worry about,

it's your phones, the mail, security of your files.

It also makes sense that if we're gonna do anything about it,

we do it before the renovation's complete.

Well, I'm not so sure it makes sense at all.

Before we spend another dime,

I want to talk to this gentleman.

[muttering] Security consultant.

US vs. Ellison.

-I met with the-- -Bail hearing's set for this--

I'm sorry, you go ahead.

Bail hearing is set for this morning.

Is there a deal to be made here?

Not unless we get a different prosecutor

assigned to the case.

If it remains John Shale, we're headed for trial.

DOUGLAS: Let us know what happens.

Wheaton vs. Value Square.

Karl Bullen, the founder and CEO of Value Square,

fired his attorneys on the eve of trial,

and thanks to a formidable bit of rain making

on the part of Leland McKenzie, hired us.

The company's being sued by an ex employee

for violation of privacy and emotional distress

related to their having had her under surveillance.

-Surveillance for what? -She was having an affair.

And you're representing the company, Ann?

ANN: We're representing the company, Arnie.

I see it as exercising legitimate managerial prerogative,

and with stores all across the country,

this is a client that could stand to make us

a hell of a lot of money.

-Am I right, Leland? -Right you are.

Ann Kelsey, you're beautiful when you're mercenary.

-Here, here. -I'm gonna need some help on this one.

How about Jane?

Okay.

MAN: United States of America vs. Jay Ellison.

JUDGE: Mr. Rollins, I trust that you and Mr. Markowitz

have decided who's handling this case.

-We have, your honor. -Good. Proceed.

We ask that bail be set for Jay Ellison at $,.

The United States strenuously objects to that, your honor.

Jay Ellison's been a stable member of the same community

for more than years, your honor.

He's a successful garment manufacturer,

and he's got two young children.

And he was preparing to turn himself in.

That's what he says now.

The truth is, he had years to turn himself in.

We know he was about to turn himself in

because discussions had already been initiated

by my colleague, Mr. Markowitz.

You ordered that Mr. Markowitz be followed

for the purpose of making an arrest.

You think he's a flight risk, is that right, Mr. Shale?

Yes, I do. If he's convicted of these charges,

he stands to lose his family, his business,

and go to prison for years.

That, I believe, represents

a sufficient motivation for him to run.

I could be wrong about this,

but I have to believe that Mr. Ellison is tired of running.

Bail is set at $ million.

Thank you, your honor.

STUART: We'll put the house up,

we'll have you out of here in an hour.

Good.

MAN: ...the whole truth and nothing but the truth so help you God.

WOMAN: I do.

Mrs. Wheaton, what was your position

on February , , the day you resigned your job?

I managed the Value Square department store in Valencia.

Prior to your resignation,

had the company given you any indication

that they were dissatisfied with your work?

No. I had received good to excellent job evaluations

throughout my year tenure with Value Square.

Mrs. Wheaton, would you please describe the events

that led to your resignation?

The district supervisor asked to meet with me

and my assistant manager, Donald Ferris.

During that meeting, he confronted us with

a page report compiled by company security.

And what was contained in this report?

Transcripts of personal conversations

Mr. Ferris and I conducted on our office telephones,

a very personal e-mail letter I had written,

and a surveillance record of our movements

during the previous six months.

There were photographs as well.

And what was the import of these transcripts,

surveillance reports and photographs?

They documented a romantic relationship

involving Mr. Ferris and myself.

Mr. Wheaton, were you married to another man

during your relationship with Mr. Ferris?

Yes. I'm now in the process of getting a divorce.

What, if anything, were you told during this meeting?

WHEATON: We were told that Value Square

prohibited relationships between employees

and urged to end the affair.

ATTORNEY: And how did you respond?

I resigned.

Why?

I felt as though I had been violated.

I have nothing further.

Mrs. Wheaton, at the time that you and Mr. Ferris were having your affair,

you knew that company policy forbade such relationships, did you not?

Yes, and because of that,

Mr. Ferris and I took great care to maintain

a strict business relationship while on the job.

So you concealed the nature of your relationship?

Scrupulously.

It never disrupted our job performances,

and I am certain Mr. Bullen never would have known about it

had he not been tapping our office phones.

You were also aware, were you not,

that the company had a stated policy

of monitoring all business communications?

These were not business communications.

These were private and personal.

Except that they were conducted on the telephone

and computer in your office, weren't they?

-Yes. -And you were on actual notice

that they weren't private,

they told you you might be listened to.

I wasn't told that men with cameras

would be following me to restaurants and hotels.

Isn't it a fact that

the places where you were followed and photographed

-were all public places? -My life is not public.

What I do on my own time is my own business.

Except for the fact that what you were doing on your own time

was violative of an express company policy, wasn't it?

I gave him / hours a day, six days a week.

I did not give him the right to spy on me.

I have nothing further.

Or persecute me or judge me.

JUDGE: Thank you, Mrs. Wheaton.

You may step down.

I'm confused, Ms. Kelsey.

What about?

I am very much aware that we have some

damaging personal information on Mrs. Wheaton.

You neglected to use it. Why?

The strength of our case lies in defending your

legitimate business interests,

not in tearing down the plaintiff.

This woman is attacking the way I do business.

I mean, I think we should fight back

as vigorously as we can.

If it doesn't pertain to her employment,

-it's inadmissible. -Unless we argue that

Ms. Wheaton's personal conduct

is inconsistent with Value Square's image.

Hell, that's what we should be arguing.

Look, I've promoted my stores as places where

traditional American values are respected.

Value Square, square values.

Values, values, values.

I built a business on values. I want that out there.

And that, my dear ladies,

is why I'm sitting in the courtroom personally.

Mr. Bullen, I've got years litigation experience,

and I'm telling you that if I go in there and start braying about values,

we will lose.

I think as long as you are sitting in the courtroom,

you'd rather that we won.

MAN: Now, in response to your inquiry, Mr. Brackman,

what I did was as follows:

I conducted background checks on all of your employees,

and I've begun a process of screening all of the building's

maintenance and janitorial staff,

which have access to these offices.

You screened the cleaning people?

I screen everyone who comes through that door.

I love this.

I designed a record retention and refuse disposal system,

which I believe is appropriate for the firm.

Color coding indicates trash which is particularly sensitive.

This is shredded and disposed of at alternate sites.

I've swept the office and phone system

for any listening devices.

I've removed any list of home phone numbers and addresses

from non-secure office files.

In addition, I've begun installation of a safe room--

What is a safe room?

Very simply put, it is a room--

it could be a bathroom, it could be a closet,

it could be an office--

this is the room your employees go to

-when they are under att*ck. -att*ck? What kind of att*ck?

Well, it could be from a variety of sources,

it could be a disgruntled ex employee,

it could be an individual who's aggrieved about

a legal matter you're involved with.

An embittered spouse, psychotic adversary,

an obsessed admirer,

not to mention the usual random acts of v*olence

devoid of motive.

Uh, what makes this room safe in the event of such an att*ck?

Primarily the door.

We use an oversized steel pocket door,

this is held closed by an electromagnet

which is designed to resist any level of force

which may be applied against it, including expl*sives.

My God, you think those sorts of precautions are necessary?

This is a law firm, not the Pentagon.

Hey, Leland, my philosophy on the issue of security:

Let's err on the side of caution,

let's be too safe.

I'd sure as hell rather that than in the interest of

not seeming foolish or fearful

finding out that we're not safe enough.

You were right, Leland. It was the Bentley.

Tell 'em about the Bentley.

Arnold spoke to me about feeling that this was

a more overt and extreme expression of affluence

than his Porsche had been.

He's fearful of becoming a target

for any predatory individual

who may seek to rob or kidnap him.

He enjoys owning the vehicle and does not desire to drive

anything less conspicuous,

so I advised him that for a fairly reasonable amount of money,

we could equip it with b*llet proof glass and doors.

Did you do that?

It's secure to NATO level three.

You've gone mad, Arnold.

Gordon doesn't think so.

Gentlemen, I don't know about you,

but the way I look at the world,

the state of readiness is nothing more than

a prudent response to circumstances.

I think you should plead guilty to aiding and abetting,

and not guilty to conspiracy.

-Is that possible? -Sure, it's possible.

STUART: You recognize the error of your ways.

We attribute it to your youth, to the times,

and we line up a whole series of character witnesses

who will harp on the fact that you've been

a solid citizen for over years.

Faith, what do you think?

You know what I think.

Would you like to tell Stuart and Mr. Rollins what you think?

What I think is that Barry did nothing wrong.

The United States government, and in particular,

the prison authorities were engaged in a campaign

of systematic extermination of the Black Panther Party.

He acted to save a man's life.

-Okay, can we prove that? -Well, we can try, Stuart.

And I think that if we harp on that,

maybe there's a chance he'll get off altogether.

-A very little chance. -And he won't have to apologize

for what he did.

Faith, let's not predicate our entire defense

on whether he has to apologize or not.

-Why not? -Because we have to do what we have to do.

If apologizing means he's gonna get a more lenient sentence,

we'll apologize.

Stuart, it's not just an apology.

It's a denial of the legitimacy of everything I believe in.

Jonathan, would you explain to them

the pitfalls of turning this into a political trial?

JONATHAN: Well, we risk alienating the jury,

angering the judge, and if we lose,

we risk a much stiffer sentence.

On the other hand, if-- if we can prove that

Horace Washington's life was in jeopardy

because he was a Black Panther,

we can also claim that there was a legal justification

for aiding and abetting his escape.

Except we can't prove that his life was in jeopardy.

-How do you know? -Oh, excuse me, you're right.

I don't know.

But my judgment tells me that it's highly unlikely.

My judgment tells me that this is an extremely stupid risk to take,

and I am dumbfounded that as an attorney,

you would be willing to even consider it.

If there is a way that he can walk out of this free and clear,

my inclination is to take it.

Barry, hear me. I think this is utterly insane.

The prison guard was k*lled.

Mr. Rollins, since, as I understand it,

you'll be the one trying this case,

I would like to know if you are willing to

defend my husband in the manner in which he wants to be defended.

Well, Stuart's absolutely right that this is a long sh*t.

As long as you understand that,

I'm willing to see where the evidence leads.

If we can build a credible case

that Horace Washington's life was in danger,

then, yeah, I'm willing to go to court with that.

Mr. Collins, let's redo the office and telephone system sweeps.

We may want to double glaze these panels,

let's check the electrical conduit--

-Hey. -New computer codes by this afternoon.

-Hey, what's going on? -Mr. McKenzie,

I spoke to you yesterday about the need to

scrutinize your janitorial personnel.

This is the reason why.

What's the reason why? Who are these people?

This individual, for the price of a uniform,

gained access to your offices.

He was found in your file room.

In point of fact, he's not a janitor,

he's a private investigator hired by Karl Bullen

to obtain background information on your firm.

How did you manage to find that out?

We obtained a list of all janitorial personnel.

When my operative asked him to identify himself,

he provided a name that was not on this list,

once he did that, we investigated further.

I don't know about you, Leland,

but I rather like having this gentleman working for us.

Mr. Bullen, why do you conduct investigations on your employees?

Because it makes good business sense.

Since we've been doing it,

we've reduced employee theft by percent.

On the job drug and alcohol abuse

has been reduced by half.

Why the policy of prohibiting co-workers

from becoming romantically involved?

These relationships frequently deteriorate into,

uh, quote, unquote, sexual harassment type situations.

How did you learn that Mrs. Wheaton was having

an affair with her assistant manager?

BULLEN: Through routine monitoring of office communications,

both on the phone and on the computer.

A practice, which I may say, we make no secret of.

Why did you have your investigators

conduct surveillance on Mrs. Wheaton's behavior off the job?

First of all, uh,

the surveillance was conducted in an entirely legal manner.

Uh, the reason we had to do it was that

Mrs. Wheaton's personal behavior

suggested that she could pose

a serious thr*at to the company.

-ANN: How so? -BULLEN: She deceived us,

and she deceived her husband.

Now, this indicates to me that Mrs. Wheaton is

fundamentally dishonest.

Not necessarily the kind of person you would want

overseeing millions of dollars worth of merchandise.

In addition, every Value Square employee

is expected to reflect company values,

traditional family values,

-uh, a love of country-- -Thank you, Mr. Bullen.

-I have nothing further. -I'm not through.

-Ms. Kelsey? -Nothing further.

[clears throat]

Mr. Bullen, do you believe adultery is immoral?

-Objection! -I'd like to answer that, if I may.

You may not, sir. Objection sustained.

ATTORNEY: Mr. Bullen, am I correct in understanding

that you think the fact that you gave

Mrs. Wheaton a paycheck

entitled you to monitor whom she associated with,

ate with and slept with on her own time?

You're the lawyer, sir.

But I think legally I have the right to monitor

employee activities which affect business,

whether those activities are conducted on the job or off.

Do you have any evidence whatsoever

that Mrs. Wheaton's personal relationship with Mr. Ferris

in any way affected her job performance?

No, but it could have.

Mr. Bullen, you mentioned that

you believe your employees are obligated

to reflect company values, traditional family values,

-is that right? -That's right.

Do you monitor your employees' behavior

as a means of enforcing your moral vision?

-Objection! -JUDGE: Overruled.

I do what I can to maintain the highest standards

of honesty and integrity among my employees,

and I'm not ashamed to say that.

And that's why you conducted this invasive surveillance

into Mrs. Wheaton's personal life, isn't it?

It was not because you thought she was a thr*at to business,

it was because you thought she was a loose woman

who needed to be yanked into line.

-It was both. -Thank you, Mr. Bullen.

I have no further questions.

MAN: Sorry to keep you waiting.

-No problem. -Barry Glassman,

formerly Jay Ellison.

My attorney, Jonathan Rollins.

This is Franklin Hovey.

Very pleased to meet you.

I understand you wanted to talk about the old days.

The old days are upon me.

So it seems.

We thought your perspective would be very valuable to us.

My perspective or my testimony?

Well, both.

BARRY: You know, I-- I saw you speak at a rally in Oakland once.

You were... truly incredible.

I'm glad you liked it.

We were also hoping that you could provide us with

the names of other potential witnesses.

Why did you think to call me?

-Why? -Yeah, why? You don't know me.

You know some things about me,

but we have no personal knowledge of one another.

Why did you think you could call on me for anything?

I-- I was involved in the same struggle you were involved in.

And now-- now I need your help.

We also felt that since we're planning on

making this into a political trial,

you might want to participate.

I don't.

No, see, we'd be putting the policies of

the United States government on trial,

COINTELPRO, the assassinations of Fred Hampton, Mark Clark,

potentially, all of this would be relevant.

JONATHAN: Yeah, we don't know how much the judge will let in,

but our intention is to mount a defense based on

the lives of Black Panthers being in danger.

And I wish you the best of luck, but as I said before

I have no interest in participating.

If you don't mind me asking,

what is it that you're worried about?

I'm worried about being identified as a Black Panther,

I'm worried about the effect that

it will have on my employer.

I'm worried about people coming back into my life

who I would rather not come back into my life.

Now, you're gonna tell me I shouldn't be worried about those things?

Are you gonna tell me that I owe it to your client

because we were involved in the same struggle?

All right, look, you asked if I was willing to testify,

I said I wasn't.

There really is nothing more to say on that subject.

Only that if you're not willing to testify voluntarily,

you should expect to be subpoenaed.

Well, I've put in my time, gentlemen.

I served nine and one half years

in a federal penitentiary.

Whatever your problem is, it's your problem.

I'm telling you, I don't want to be dragged into it.

I can't help that.

Get out of my office.

You want me to sit second chair to Jane Halliday?

This isn't personal, Ann. Karl simply feels that

Jane has a better grasp of the issues.

Then Karl is an idiot,

and if you let Jane take over this case,

you're a bigger idiot.

I know this is difficult for you.

It's only natural that you'd want to protect your turf.

This isn't about turf, Douglas,

this is about losing the case.

We're not gonna keep this guy as a client if we don't win.

As managing partner, I have a responsibility

to protect the client's wishes,

and the client wants Jane.

The client wants someone he can control

so that he can use this trial

to promote his Neanderthal social philosophy.

What he needs is someone to protect him from himself.

Are you sure you're not letting your personal feelings

cloud your professional judgment?

What does that mean?

You've had a jaundiced view of Jane from the start.

You wouldn't be suffering from QBS, would you?

-QBS? -Queen bee syndrome. Hm?

Karl.

Leland.

Can we expect any more clandestine attempts

to infiltrate our cleaning staff?

I'll have you know that you guys are the only ones

who have ever intercepted one of my covert operatives.

I'm very impressed.

But you haven't answered my question.

You sound a bit testy for a man who's defending

my right to conduct these investigations.

How you manage your business is your business,

but when you start snooping around mine,

that's a different story and I won't tolerate it.

I appreciate your candor, Leland.

Now, I'll be candid with you.

Based in our background check,

we're very secure in doing business with McKenzie Brackman,

although some of your colleagues are, shall we say,

a bit too colorful for my taste.

I take that to mean that you're done.

You have my word on it.

[elevator dings]

JANE: Tell us, Miss Wheaton,

during your interview for store manager,

were you told that Value Square had

an interest in maintaining high moral standards

-among its executives? -Yes, I was.

And when asked about your own moral character,

how did you respond?

I said I considered myself a moral person.

Were you having an extra marital affair at that time?

-Objection. -Overruled.

Witness may answer.

No, I was not.

JANE: You did, however, have an affair

while you were working at Value Square.

-Yes. -At the time that you were conducting the affair,

were you living at home with your husband?

Yes, we were trying to work things out.

Tell us, Miss Wheaton, in December of ,

did you go to the Women's Health Clinic

for the purpose of aborting an unwanted pregnancy?

-What? -Objection. That is totally irrelevant.

JANE: I believe I'm entitled to explore

the plaintiff's character, your honor.

Only insofar as it affects her work, Ms. Halliday.

The objection's sustained.

Did it affect your work to find that you were pregnant, Miss Wheaton?

-ATTORNEY: Objection. -JUDGE: Overruled.

I wasn't pregnant very long.

Did having an abortion as a means of getting rid of

an inconvenient pregnancy affect your work?

-Objection. -Sustained.

I agonized over that decision.

I was years old, I desperately wanted to have a baby.

-You stated that you were a moral person-- -JUDGE: Ms. Halliday.

Adultery, promiscuity, aborting a baby conceived while sleeping around--

-Objection! -Are these examples of what it means to you

-to be moral? -Your honor--

Ms. Halliday, one more word and I'll hold you in contempt.

Miss Wheaton, you may stop down.

I'm instructing the jury to disregard defense counsel's questions,

they are in no way relevant to this case.

I don't know what you're trying to accomplish, counselor,

but let me tell you, I find your conduct in this courtroom

to be highly unprofessional

as well as personally reprehensible.

If I have to declare a mistrial,

believe me, I will hold you in contempt.

In the interest of trying to avoid that,

I suggest strongly that you change your approach.

Yes, your honor.

Court's in recess.

[indistinct whispering]

I need for you to do the summation.

Why? Were you unhappy with some aspect of your performance yesterday?

I think that both the judge and the jury

perceive me in a fairly unsympathetic light.

Consequently, I think I'm probably no longer effective.

You weren't effective to begin with.

-Maybe not. -The truth is,

you don't know enough to know when you're being effective.

You told a client what he wanted to hear,

and then you patted yourself on the back

because he agreed with you.

Look, I made a mistake.

I was humiliated for it in open court.

I am asking you to try and contain

the damage that's been done.

If you have to take your pound of flesh,

go ahead and take it.

I don't want a pound of flesh, Jane,

I just want to win this case.

Toward that end, you bet your ass

I'll do the summation.

[metal clanking]

Sliding pocket door.

Electromagnetic locking system.

Cellular phone we'll stash in there,

and, uh, your toilet.

In the event of an att*ck,

you retreat in here, call for help and wait.

Is it all right to use this space for other things

when we're not under att*ck?

-Absolutely. -Uh-huh.

Has the world really changed this much?

-What do you mean? -I mean

we've been in business here for over years.

No one's ever thought of installing a safe room

or doing background checks on the cleaning people.

Or any of this.

Did we need to do it before?

-Probably not. -So why do we need to do it now?

Because the world, has changed that much.

and our capability of neutralizing those who would do us harm

must change with it.

This door will be fully operational

by the end of business Friday.

I would not advise using it before then.

Let's just hope we don't find ourselves under att*ck before then.

I assume you're being sardonic.

Yeah.

If you're genuinely concerned,

there are some alternatives we can consider.

That really is not necessary.

For years,

Leslie Wheaton was a conscientious employee

of Value Square stores.

She was loyal to her employer.

She trusted her employer.

Now, Leslie Wheaton has done absolutely nothing against the law.

She has never once let her private life

interfere with her professional responsibilities,

yet her phones were tapped, her e-mail monitored,

a private investigator sent to follow her every move.

And Value Square says that because they told her

this was company policy,

that makes it all okay.

Well, ladies and gentlemen,

that does not make it all okay.

By their intrusive surveillance techniques,

Value Square has clearly violated

Leslie Wheaton's privacy,

and in so doing,

have caused her enormous emotional distress.

Now most of us,

we spend the majority of our time at work,

and our employer is entitled to

our full commitment during work hours,

but they are not entitled to inv*de the privacy of

the few hours that we have left.

They are not entitled to decide whom we sleep with,

how we spend our free time,

and most importantly,

how we choose to live our lives.

Nobody likes the idea of someone spying on them.

If a stranger listened in on our phone conversations,

we'd be outraged, and rightfully so.

The difference here is that Value Square wasn't a stranger,

Value Square was Leslie Wheaton's employer,

and that makes all the difference in the world.

It is a well settled point of law

that employers have the right to monitor

their employees at work,

whether that means telephone calls, e-mail,

or physical observation.

What Value Square did was legal.

Now, you might well ask was it necessary?

I'd like you to imagine for a moment

that you are Value Square.

You employ over , people.

Legally and financially, you are responsible for

what each and every one of them does

while he or she is working for you.

Karl Bullen did what anyone who runs a company that size has to do.

He set up a code of conduct.

He told his employees what it was,

he told them what he would do to enforce it,

and he told them that he expected everyone to abide by it.

Now, if Leslie Wheaton found any part of that objectionable,

she had a very simple and a very effective alternative.

She could have worked for someone else.

She chose to work for Karl Bullen.

She's not entitled to be compensated

because he did what he's entitled to do.

So, in the event of an att*ck,

this is where you go.

What kind of an att*ck?

Any kind of an att*ck.

At the first sign of engagement,

you come in here, you slide the door shut,

throw the switch,

which activates the electromagnet,

we are now secure.

I thought the first sign of engagement

is usually a sh*t.

Not necessarily. From what Gordon says,

there are any number of incidents

where somebody shows up and waits quite a while

before turning violent.

Well, I guess you'll have to have the receptionist stall them

while all the lawyers tiptoe to hide in here, huh?

You go ahead and laugh, but the truth is

attorneys are on the front lines of

potentially violent conflicts every day.

Clients hire us to be gunslingers.

Their enemies become our enemies.

Look, Arnold, you've convinced me,

but I gotta go home, so can you open the door?

I just want to say one more thing.

What?

These measures aren't just to protect the attorneys,

they're to protect everyone who works here.

I'm just as concerned for your safety

as I am about my own.

Well, I love you for it, now open the door.

-I wanna go, okay? -All right.

What's wrong?

The door appears to be stuck.

-What do you mean stuck? -I can't get it open.

Maybe somebody can open it from the outside.

[groans]

-[pounding] -Hello?

Hello!

-[pounding] -ARNIE: Hello!

-DENISE: Hello! -[pounding]

Hello!

-Hello! Open the door! -Hello!

Oh... Where-- Where are the cleaning people?

There are no cleaning people.

What do you mean there are no cleaning people?

Gordon didn't want any cleaning people coming in

until he could do background checks on them.

Oh, that's just great. Is there a phone here?

That's right, there's supposed to be a cellular phone.

Somewhere.

Which they apparently have not put in yet!

Great, so what are you tellin' me,

we have to stay here 'til tomorrow morning?

I guess so.

[sighs]

Which, you'll have to admit,

is an occasion not without opportunity.

-HOVEY: Mm-hm. Yeah. -[knocking]

Let me call you back.

You're here with a subpoena?

No, no, my client doesn't want to serve you with a subpoena.

He wants to respect your wishes.

And you weren't able to talk him out of that?

As a matter of fact, I wasn't.

You're gonna get your name in the papers on this one, aren't you?

-I might. -Ain't no might about it.

Do you think that's important?

You think it's important.

You know that you've really got yourself a hot case.

The Black Panther Party's about due for a revival now, don't you think?

It must be the th or th anniversary of something.

We'll see black leather jackets and berets in the stores,

and you'll be cashing in on all of it.

You know, Mr. Hovey,

I understand your desire to stay out of this.

What I would ask you to understand

is that I'm representing my client the same way

I'm sure you wanted your lawyer to represent you.

I also think since my name is going to be in the newspapers,

it might as well be there for doing something useful.

I always get frightened when I'm up at this hour.

What's there to be frightened of? We're in a safe room.

Safe room protects you from other people,

it doesn't protect you from yourself.

Why don't we just get as comfortable as we possibly can.

You can lie over there and I'm gonna lie over here,

and maybe we can get some sleep.

And in the morning, somebody will come and let us out.

-Denise. -Mm?

Do you mind talking a while?

Just-- Just for a little while?

Sure.

The only way I have of bridging the abyss, so to speak;

to swaddle myself in human contact

to stave off the...

realization of one's mortality...

one's insignificance.

The difficulty of establishing intimacy,

the impossibility of maintaining it.

I don't know about mortality and insignificance,

but I thought, as far as intimacy was concerned,

you did okay in that department.

I used to think I did.

I used to validate my very existence

by the endless conquest of women.

Beautiful women.

Models.

Playboy playmates.

Movie star. I'm not gonna say who it is,

but I once went to bed with a very famous movie star,

she was nominated for an Academy award.

-Mm. -She was on the cover of

a different magazine every month.

She was a very, very famous movie star.

Okay, okay, Arnold. I get it already.

The point is, it didn't matter.

I'm alone,

and I'm desperately unhappy.

-Are you? -Yes, I am.

You are alone, aren't you?

People are always so shocked to hear me say that.

You're alone and you're scared.

The truth is, at : in the morning,

all the things that you own, the clothes,

the house, the Bentley, they don't even matter.

No, they don't.

Being a big sh*t lawyer, that doesn't matter.

-No. -And all the women you slept with,

they don't matter, either.

What does matter?

What matters is having someone to hold you

and talk to you and lull you back to sleep.

What matters is loving and trusting the person enough

to survive : in the morning.

You see right through me, don't you?

Yeah, I do.

I have to tell you something, Denise.

What?

I think you could be that person for me.

You could talk to me and hold me

and lull me back to sleep.

I could love and trust you.

MAN: Stand clear!

Clear! Clear! Clear!

I believe I told you this door was not yet functional.

DENISE: Oh, thank God!

How did you know that we were in here?

No doubt you're unaware of it,

but there's a microphone and a transmitter in here

in the event that persons inside are incapacitated

or the cellular phone is inoperable.

W-W-W-Wait a second.

You just heard everything that we said in here?

I myself did not. The members of my staff

who monitor the frequency, they would have.

You'll excuse me,

I have to get to rearming this door.

Thank God he showed up, huh?

-Denise. -What?

What about what I just said?

-What? -What?

[whispering] What I said about you being the one.

[chuckles] Me? Forget about it.

JUDGE: Members of the jury, have you reached a verdict?

-We have, your honor. -What say you?

In the matter of Wheaton vs. Value Square,

on the issue of the intentional infliction of emotional distress,

we find for the defendant.

On the issue of invasion of privacy,

we find for the plaintiff and award the sum of one dollar.

JUDGE: With my thanks to the jury, we're adjourned.

Miss Kelsey, I want to thank you.

You're very welcome, I'm glad it worked out.

No thanks to me, right?

Lawyers and clients don't always see eye to eye.

Well, I hope you'll accept my apology,

and my business.

I'd like to put McKenzie Brackman

on a permanent retainer.

Great.

Miss Halliday, can I speak to you for a moment?

I'll see you back at the office.

I also owe you an apology.

Not necessary.

Well, I believe it is necessary.

My going to Douglas Brackman put you in

an awkward position with your firm.

I-- I wasn't thinking about you.

I should have been thinking about you.

Thank you for saying that.

You're an excellent attorney, Miss Halliday.

I hope it's possible that we can, uh,

work together again.

Given that you've retained our firm,

I'm sure it is possible.

I know this is out of the blue, but, uh,

I'm doing business in Dallas this weekend,

and I was hoping you might accompany me.

This weekend?

Yes, we could take the company jet,

and stay in my condo at Turtle Creek.

You know what, um, I can't this weekend,

but maybe one of our other attorneys is available.

-Let me find out. -Uh, Jane,

it's your particular point of view I need.

It's you I want.

Mr. Bullen, you're a married man and I am your attorney.

That means taking care of legal matters,

so I'm going to forget that we had this conversation.

I sincerely hope that you will do the same.

I think you misunderstood me.

I understood you perfectly.

Now, if you'll excuse me, I have to get back to work.

-[knocking] -Yeah, come in.

Mr. Hovey.

Uh, can I talk with you for a minute?

Sure, sure.

You can't imagine what the world outside looks like

after you've been to prison.

The simplest things, driving a car,

going to the store, playing with your kid,

they're what I used to dream about when I was in prison.

Not very political.

It's pretty human, though.

How much do you know about Horace Washington?

Just what I've read.

He started out being just another hoodlum,

and transformed himself into one of the smartest,

bravest men I've ever known.

Do you believe his life was in danger?

If you were a member of the Black Panther Party,

your life was in danger, that's a given.

Did prison authorities do anything to make that danger imminent?

Did they thr*aten him in any way?

The prison authorities m*rder*d him, okay?

They wiped him out.

However they made it look about him escaping,

whatever they may have said about him carrying a g*n,

they m*rder*d him.

Will you help me prove that?

You were right about me treating you disrespectfully.

[sighs] You have a just cause.

As far as I know, you're an honorable man.

If nothing else, you should be treated with respect.

-I apologize. -Your apology's accepted.

I've been very careful since I got out of prison.

I go to work in the morning, I come home at night.

I don't make any noise,

I don't associate with anyone I used to know.

It's like I made this deal in my mind

that as long as I didn't make anyone mad at me,

they'd leave me alone.

I'd be allowed to hold onto whatever it is that I have.

You want me to testify, Mr. Rollins.

-Yes, I do. -Because no one ever got hurt

for standing up and speaking the truth, right?

You tell me where and when you want me to show up.

I'll be there.

♪♪

[knocking]

-Do you have a minute? -Come in.

After you left, in the court hallway,

Karl Bullen propositioned me.

Did he?

Said he was looking forward to our working together,

and asked me to go to Dallas with him for the weekend.

I guess old Karl's not as much of a believer in family values

as he says he is.

You'll understand if I don't appear to be all that shocked.

I never saw it coming.

There's no reason you should have.

I'm sure I've confirmed your worse suspicions

about me and Christian women in general.

We've all misjudged people.

I don't want you to think that I don't know what it's like

being a young attorney starting a career;

what it's like being a young woman attorney.

I don't want you to think you're all alone here.

Because you're not.

We don't have to be enemies, do we, Ann?

No, we don't.

I'm glad.

You're gifted.

What do you mean?

Oh, I mean, you trifled with me

and you did it brilliantly.

I don't know what you're referring to.

You led me on,

you invited me to reveal more and more of myself,

you said all the right things,

and then you crushed me like a bug.

Gee, I'm so sorry.

Oh, no, it's quite all right.

You inspired me.

-Hm? -I learned from the experience.

Someday, I'm gonna do the same thing to someone else.

[sighs]

How are the kids holding up?

They're okay.

I think Josh is actually pretty impressed

his old man tried to bust somebody out of jail.

[chuckles]

How long have you known about him?

I've known a long time.

I'm one of the people he hid out with in Paris.

How did he come to hide out with you?

There was an underground, I was part of it.

People we knew contacted us,

told us he would be coming.

Though the first time I saw him,

I thought he was just an American tourist.

She fell in love the minute she laid eyes on me.

-I don't think so. -Hm?

[chuckling]

So Frank Hovey is willing to testify, you know.

Yes, I know, I-- I think that's great.

-I hope so. -You sound dubious.

Well, you know how I feel about it, Faith,

I think it's risky to make this trial be about

the Black Panther Party.

It's not what we're doing, Stuart.

Hovey was in the same cell block as Horace Washington.

He's in a position to testify that

Washington's life was in danger.

Yeah, okay.

But if we start getting into a lot of rhetoric,

it's gonna hurt us.

FAITH: You know, I gotta ask you guys something.

Are you worried that being involved in this case

is gonna hurt business?

What?

I mean, we've been friends a long time, Ann.

Let's be honest with each other.

Wait a minute, Faith.

What makes you think we're concerned about that?

When I hear that Ann is representing people like Karl Bullen,

it makes me wonder about the politics of your firm.

My representation of Karl Bullen

has nothing to do with politics.

Come on, Ann.

He contributes to every right wing cause on the map.

Yeah, but she's not representing him

in any of his right wing causes,

she's representing him in an employment dispute.

Stuart, I think it's safe to say that

Karl Bullen wouldn't be crazy about

the idea of you representing me.

-What if he did? -What if he did?

I'd tell him what I'll tell you. It's not your concern.

You're getting a little defensive, aren't you?

Am I? Maybe I don't like having our commitment to you questioned.

Maybe I don't like having to submit to

a political consciousness test

because of the clients I represent.

Well, forgive me, Ann.

But I can't be all that concerned about

your delicate sensibilities.

Your firm is representing my husband,

I have to be concerned about your commitment.

If I were a lawyer, I know what the degree of my commitment would be.

But then again, if I were a lawyer,

wouldn't be representing Karl Bullen.

Well, you're not a lawyer, Faith,

and you weren't asked to represent him.

I think we should steer clear of politics

as a topic of conversation.

Yeah, right.

The prosecutor thinks I'm radical.

They don't think that we're radical enough.

Yeah, I think we should definitely steer clear of politics.

How is everything?

Everything's fine. Thanks.

♪♪ [theme]
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