All language subtitles for The Practice s08e03 Cause of Action

Previously on The Practice.

Assuming you do hear God's thoughts,
persuading a jury of that reality will

difficult for me.

I had the highest winning percentage of
any litigator in my firm.

They had no right to fire me. You can't
be willing to take this to trial. Oh,

but we can. She was terminated for a
disability. That's against the law. She

will be publicly revealed as a loon,
which you are, Sheila.

Listen, I need to meet with your doctors
tomorrow.

I have no doctors.

You're not being treated by anybody?

Why should I be? Because God speaks to
me? We will need a doctor to testify

you have a mental illness, because you
do. Please don't abandon me, Helen.

I won't.

Being alone is not good for me. Let's
not settle.

Nobody's going to hire you.

Except maybe me.

Do you even have the authority to hire
people? No.

I'll figure it out.

To the world and to the potential jury
pool, you are the man who murdered his

pregnant wife and unborn son. I need you
to start demonstrating the zeal that

comes with defending an innocent man.

Daddy! Hey, baby!

Do you think your mom killed herself?

I know my dad didn't kill her. He loved
her.

So I think she must have committed
suicide.

You stated to the police that you didn't
learn of your wife's affair until after

her death.

And yet the night before, you were heard
screaming, do you love him? As I said

before, I don't remember saying that. I
would like to explore murder too.

That is a life sentence, Eleanor. I
don't know what to tell you. We are

Daddy, let me tell.

Emma, please be quiet.

Daddy, you said you... Emma?

Did your niece indicate to you that she
poisoned your sister? It appears Mr.

Stanfield did not commit the crime.

The district attorney feels he is duty
-bound to withdraw the complaint.

The charges against Bradley Stanfield
are therefore dismissed.

I killed Molly.

As the case went south, Emma and I
devised a backup plan. It involved

manipulating you, getting you to think
that she did it. Now we need to help

You killed your wife?

Yes.

And I'm not proud of using my daughter
to secure my freedom.

The mission now is to fix things and get
her out. So we all need to get on

board.

There's nothing you can do. I can't
accept that, Eugene.

Well, you have to. I am sorry. She's ten
years old. Listen to me. Both of you.

We represent him, not her.

She arguably thought I was her attorney
when she confessed.

Falsely confessed.

Eleanor, all you can do is ask the
client to cure his perjury. If he

there's nothing... He works here.

What? That cuckoo bird.

The woman who talks to God. She works
here? No, she doesn't work here.

Well, she thinks she does.

She says Alan Shore hired her.

She's out there organizing her desk.

Excuse me.

Did you hire her?

I don't have the authority to hire her,
Eugene.

She's here.

Look at her.

Yes, I said come practice law with us on
a temporary basis. You're temporary,

and she's totally nuts.

Thank you, Jimmy.

I never figured you for the type who
liked to weigh in.

What's that supposed to... Undo this.

He just called me fat.

First of all, I would never say that.

Second, you are fat.

And third... We are not hiring.

If we were hiring, we would not be
hiring her.

Eugene.

I've got to keep this woman close to me
until I can persuade her to get back on

her medication.

The best means for that is to employ
her.

Trust me, when she functions as a
lawyer, her insanity is displaced by

acuity.

As I said, it's only temporary, and I
will watch her.

Please.

So she works here?

Temporarily. She, like Mr. Shore, will
work here on a trial basis. She will not

draw a salary. And most importantly, we
are not to give her clients.

Ever. Then why is she here? I'm sorry,
do paralegals speak at staff meetings?

That's not a criticism, Tara. I'm just
trying to get a sense of policy. You

what? Keep it personal now.

Hello, all.

Sorry I'm late. Eugene, I was wondering
if we could start at 9 .15. I have my

Feldenkrais appointments at 8 and
they're murdered or rescheduled.

Did I miss the breathing?

They don't breathe here, Sheila.

What?

Miss Carlisle, we're running late.

Every day should begin with 10 deep
breaths. It oxygenates the brain, which

gives you clarity and optimism, which is
the greatest source of energy.

Let's hold hands.

Let's go.

Everybody.

Here we go.

Let's suck in life juice deep into the
diaphragm.

In.

Jamie, let's go.

In.

Let's go see Brad Stanfield take her
best shot. Yeah, like that'll work.

May I help you?

Yes, I'm Roland Hough, and I'd like to
meet with an attorney.

Do you have an appointment?

It's February, Jimmy.

It doesn't matter. No, I'm afraid I
don't. Okay, Roland, if you wouldn't

taking a seat, I'll be with you in a
moment.

Thank you.

You're smart enough to know whatever
your reality is, Sheila, it's folly to

impose it on others. To impose it on
others. Got it.

Give me a criminal.

I'm sorry?

I'm not asking for a murderer.

Just give me somebody clever. Give me an
embezzler. I'm an embezzler. We'll get

lunch.

Sheila, it's important at the beginning
that you keep a low profile here. These

people are very reticent.

Just give me a case to work on.

I don't like to be alone with my
thoughts.

Confess? Well, wasn't that your plan
anyway?

You can't be retried. You're free.

Why not save Emma?

Well, I could be prosecuted for perjury,
Eleanor. I did testify that I didn't do

it, remember?

If I was to come forward now and say
that I was the killer... Certainly

not going to allow your daughter to stay
locked up.

My thinking was, let's see how Emma's
trial goes.

She probably has a legitimate, temporary
insanity defense.

Ten years old.

She figures she'd be very sympathetic.

You're going to let her stand trial?

I'll testify on her behalf, Jimmy.

I'll talk about how troubled she was.

Brad, I don't think that's going to
work.

I got myself off.

Now I'll get Emma off.

You keep forgetting how persuasive I can
be.

In my bed.

The two of them.

I since learned it's been going on for
six years.

How long have you been married?

Seven.

Roland, Massachusetts is a no -fault
state, which basically means that your

wife's infidelity is a non -issue.

That's what I've been told, but this
was... She didn't just cheat on me, Miss

Wilson. She did so with my best friend.

He was best man at our wedding.

This just seems so wrong.

I have two young kids.

For me to come home and find out my
wife, my children's mother, to

learn it's been going on for six years?

Roland, it is horrible what your wife
has done, but unfortunately, in a no

-fault state, you have no remedy at law
for which... I'll represent you, Roland.

Sheila. And I don't think we should just
file a claim against her. I think we

should prosecute that best man as well.

Sheila, I want you to continue giving
the facts to...

Tara. And after that, we'll file a claim
in superior court.

We can expect a motion to dismiss. But
surviving that, discovery should be

and we'll be in court in three months.

And we can win?

Roland, look at me.

There's a reason you happen to walk into
this law office after all those other

lawyers turned you down.

I win my cases. Not some of them. Not
most of them.

Every single one of them.

And I shall win this case.

I realize that I'm only a third -year
law student, but even I know that public

policy won't let you litigate domestic
disputes. We need to appreciate on a

deeper level that you are only a third
-year law student.

You see, every law can be bent, folded,
or manipulated, so long as it conforms

to fairness.

So instead of taking issue, perhaps you
would like to seize the opportunity to

learn.

You see, Tara, I will win.

Aren't you just fascinated to see how?

All you need is one more drink and we're
having a pool party.

I'm not that drunk.

We can fix that right up.

Although I did see you sort of stumble
out of the cab. Not that I don't welcome

you to stumble on over whenever you feel
the urge.

Eleanor.

What are you doing here?

You know, I have freed murderers,
rapists,

and I usually end up sleeping at night
because I know my role in the system.

You know, I'm the defense attorney up
against the police state and all.

I sleep.

I never have trouble sleeping.

What?

How do I let a ten -year -old girl spend
her life in juvenile hall

when I know that makes me?

You know what I am, Alan?

Drink.

A monster.

If I can let a child, then I have to
wear the badge that I am a monster.

This is a beautiful, blossoming girl.
She's a child.

She's the future of our country.

Maybe we're both going to need another
drink.

Yeah, I'm a terrible drinker.

Because I never drank.

You'll stay here tonight.

I am not having sex with you.

It's all right. Can you bring any
friends?

Come on, it's late.

Let's get you inside.

I just wanted your advice.

I'm not sure that I can keep my mouth
shut.

I don't want to be disbarred, but...
Mom!

going into court now?

I filed for a temporary restraining
order. Injunctive relief gets you right

Now expect them to file their motion to
dismiss.

I don't mind waving notice on that. Why
are they going to be there?

Who? My wife and Richard.

They might.

Will that be a problem?

It's hard for me to see them. I don't
know if I'm ready to see them.

I'll handle things.

You just stand there and look as sad as
you can.

I said no clients.

I couldn't stop her. You should have
come and gotten me.

And you, you said you'd be watching her.
She already filed a complaint.

Yes, and she thinks that she's going to
win. Hold on a second. She said that?

She thinks she'll win?

Yes. What's the problem?

If Sheila says she's going to win, she
wins. No exceptions.

Did you hear the cause of action? I
don't care what the cause is.

If she promises victory, you've won.

Tara, come with us. You need to learn.

Don't talk to me.

Ever. If you have something to say, just
put it in a note.

Just a guess, but I'd say she got looped
and fell in the pool.

I want you in court backing Sheila now.

I've got an appointment.

Tara will be there. Eugene, she doesn't
need help.

Not in that room.

This is a domestic dispute.

We're in a no -fault state.

This is a rift between a husband and
wife.

Your Honor, he's telling you things you
already know. I'd ask that he respect

the robe and value your time.

You're the one taking my time, Counsel,
with this untenable claim.

The restatement of torts recognizes a
valid claim against one who by extreme

outrageous conduct intentionally or
recklessly causes severe emotional

to another.

There is no immunity for married people.
No exception for domestic disputes.

Your Honor, the court of law is a
hallowed forum to litigate serious legal

judicial disputes. Oh, yes. The hallowed
forum defense.

Oprah was sued for criticizing meat.

McDonald's was sued and lost for serving
coffee that was too hot. The hallowed

forum entertains any claim that is
valid, as is the one that is before you

today.

All right.

The TRO nonsense is dismissed.

On the underlying claim, I want to hear
from Mr. Huff.

Your Honor.

You're asking me to throw this out,
counsel. I want to conduct a short

evidentiary hearing before I do so.

Two o 'clock.

Well, progress.

Breathe life's juice.

You didn't tell me about you.

Well, maybe you didn't even know I'd be
coming.

Maybe you thought it would be Eleanor or
Jamie who I work with.

Emma, I know about the little plan, and
may I say I admire you. What a wonderful

daughter you must be to protect your dad
like this. You're a true hero.

And now, in preparation for your dad to
protect you...

We have to get our statements exactly
right to protect you both against

So, here's your dad's statement.

And I need you to look it over and tell
me how it's going to compare to yours.

Did you trick this girl? I persuaded her
to tell the truth.

I might have used a little trickery.

And this is my statement. It's hearsay,
since Mr. Stanfield didn't confess to me

directly. But I think you'll find...
Hold on just a second, would you please?

This would be privileged.

You're a member of Miss Frutt's firm.

Anything she told you... I haven't even
gotten to the good part.

Since Mr.

Stanfield accomplished his mistrial
through fraud, double jeopardy does not

attach. You can try him all over again
on double murder.

And this time, you'll have my testimony.

Mr. Shore, I will give you the
opportunity to take this all back.

going to happen.

I'll have no choice but to report you to
the bar.

That's fine.

But you will use this.

You will probably lose your license.

I've always wanted to farm apples.

Cortland, not Macintosh. They make for a
much tarter crisp.

There's a little girl in a juvenile
facility, Mr. Campbell.

Send for her. Then send for Mr.

Stanfield. Then you can have the bar
send for me.

In a stunning development, we've now
learned Brad Stanfield has been re

-arrested for the murder of his wife and
unborn son.

Sources say Mr.

Stanfield's own lawyers provided
information leading to the arrest. I did

nothing, I swear.

You may remember earlier charges against
Stanfield were dismissed by the

prosecution.

I didn't say anything.

Hello.

Did I miss something interesting?

Alan, did you talk to the DA about
Stanfield?

I might have mentioned he confessed.

Please come to my office.

Eugene, I know you don't want me here.

And now I've given you a perfect reason
to fire me. Eleanor would certainly

understand.

I would appreciate the courtesy of my
discharge being a reflective decision,

however.

So if you could at least wait until your
anger subsides, I'd be grateful.

He's not looking well at all.

What's going on, Roland?

I wasn't prepared for seeing them like
that. How it'd make me feel. I don't

if I can testify in some big public
thing. I don't know.

Take my hand, Roland.

I just don't like the way I'm feeling.

Why don't you just speak directly to me?

Tell me your story. Pretend I'm the only
one in the room.

Seeing the two of them sitting together
like that.

I'll tell you what.

You just look at me.

Tell me your story.

I think the worst part was I thought
everything was wonderful.

Were you two having sexual relations?

No. Because she... Roland, look at me,
please.

She said she couldn't have sex because
she had a fibroid condition.

And I accepted it.

How did you learn of your wife's affair
with Mr. Ward?

Came home from work early one day.

Tried to surprise her.

I had a plan. I was going to take her
out to dinner.

When I got home, I saw Richard's car
parked out in front. I didn't think

anything of it. He comes over all the
time.

My best friend.

Figured he came over to borrow
something.

I went in and I heard music coming from
upstairs.

Actually, it's my very, very favorite
song, Peppermint Twist.

And so I headed up.

Other sounds got louder as I got closer.
And when I went in, I thought

Richard and my wife were having
intercourse.

In my house.

In my bed.

And then what happened?

Well, they looked at me.

They stopped.

And they started up again.

Right there.

With you in the room.

Yes.

Yes.

They didn't even have the decency to
stop.

Anything said to Mr. Shore by the other
lawyers would be an extension of

privilege. This was not state action,
Your Honor. Any breach committed by Mr.

Shore is actionable against Mr. Shore
civilly.

We should not, however, be banned from
using the information. This would

every principle of fairness for my
client to be retried. Counsel, if this

information is true, your client
conspired to let his 10 -year -old

take the fall for a double murder he
committed.

I don't think you mean to play the fair
discard.

I see attorneys Frutt and Stringer. I'll
see you and counsel in chambers now.

Mr. Stanfield, you'll stay in custody.

Does Mr. Shore report the facts
correctly?

Privilege prevents me from either
confirming or denying Mr. Shore's

Miss Rott, we have a serious problem
here.

If that little girl took the stand and
decided on her own to lie, then double

jeopardy attaches, and Mr. Stanfield
goes free.

If he conspired to commit the fraud,
however, double jeopardy...

does not attach, and he can be retried.

We understand that, Your Honor. You
stepped outside your role as advocates

stood before me as officers of the
court. Which we deeply regret.

I am not interested in remorse. Your
Honor. I'm not speaking to you, Mr.

Without asking you to reveal privilege,
I would like you to either confirm or

deny what you said to me as officers of
the court.

All I will say.

We believed our representation to be
true.

Whether we continue to believe them to
be true, privilege prevents us from

saying.

Mr. King, it is my finding the mistrial
was procured by fraud.

Double Jeopardy will therefore not
attach. Your client will be retried. Mr.

Campbell, get the girl out of jail.

Ms. Front.

Tell Mr.

Shore that I am recommending him for
immediate disbarment.

Why does she get to testify?

I mean, why does she get to tell her
story?

It's a good sign that the judge wants to
hear from her, Roland. It means they're

considering our case.

You know, I don't even know if I want to
do this anymore. I thought it would

make me feel better, but it's only
making me feel worse.

I'm getting very angry feelings and I
don't like it when I feel this way.

Big breath. I don't want to suck life
juice.

Roland.

I think that you wanted to do this
because you felt victimized.

And that could be what's been making you
feel angry.

Now you can certainly quit now.

But it might end up making you feel even
more angry.

Alan.

You betrayed me.

Did I?

Sorry. Don't be flip.

I came to you in distress, in
confidence, because I had a problem and

I shared.

You couldn't live with a child being
falsely imprisoned.

Neither could I. You should have come to
me. In which case, you might be facing

disbarment. Perhaps you could say thanks
for the insulation.

But you didn't insulate her.

What you did goes to this firm.

Our reputation.

And it's damaged.

You're right, Jimmy.

I'm sorry.

How about a hug? I'm going to pop this
guy, I swear. I'm just going to hit him.

What time is the hearing before the
ball?

10 a .m.

Have you retained counsel?

I'll represent myself.

And what are you going to say?

Exactly what I feel at the moment.

Your conduct speaks to the integrity of
this firm.

You need to get that.

Got it.

I'm not proud of it, but I fell in love.

It happens sometimes in marriage. People
have affairs.

I'm sorry I hurt Roland, and of course
my children, but I fell in love.

But when Roland came into the room, did
you really continue to have relations?

You know, I really don't believe we did,
but...

This is embarrassing to talk about, but
when you're about to climax, you're not

completely in control of your faculties.

All I can say... I never meant to hurt
Roland.

He's a dear man.

I love him.

I just... Fell in love.

Quickly, I might add.

After about a year of being married to
this man, having children, you were

having an affair with his best friend.

Yes. Best friend?

Yes. Why not get a divorce? Why have
children?

If you were in love with somebody else.

That was probably not a wise decision,
but... You made it when you were about

climax.

Objection! Getting a divorce would have
cost you a lot of money, right, Nance?

Roland had lots, you had none, and the
best man was unemployed.

This was never about money. No.

Simply love. Just all about love. Tell
me something, Nance.

How did you not get caught for six
years?

Wow. Six years. That's a really long
time to pull off a lie.

Objection. Six years. She screwed his
best friend in his bed.

Objection. Your Honor, why are you not
ruling on my objections?

Oh, all right.

Sustained.

Dial it back, Ms. Carlisle.

People fall in love, Nancy.

I get that.

fall victim to passion.

But this, this was six years of careful
planning

to avoid detection.

This was reflective, orchestrated,
premeditated

deceit.

Don't you dare clump that under the
banner of love.

This was evil.

You are an evil person.

Objection! Your Honor, God would like to
apologize to the court.

She says she's terribly overextended.

And sometimes when she's spread too
thin, people like Nancy

happen.

He wants to see me? And only you.

What's going on?

Brad Stanfield asked to see me.

You can.

I mean, he's represented by counsel
and... He waived it.

Sheila, Judge Brown's office called.
She's ruling at ten.

Okay.

How's she doing?

Fabulous. Although she got a little
religious at the end of her cross.

Nothing religious, sir.

Just... I couldn't tell.

The problem with this lawsuit, every
husband will start suing his ex -wife as

way to circumvent alimony.

We may get to the point where husbands
even entrap their wives into having

affairs so they can avoid losing their
houses.

This is why we have no fault, why the
court doesn't even want to go there

who's to blame.

However, divorce law should not be used
to shield a person

when he engages in egregious, outrageous
conduct to the emotional detriment of

others.

Six years with his best friend, Ms.
Huff.

I'm sorry.

A jury might throw this out, but I
won't.

The motion to dismiss is denied.

I don't believe it.

We've got a long way to go. We've three
months minimum on discovery. You've got

to decide if you want to settle, but the
leverage is ours, Roland.

You think you've won, Roland?

You're represented by council, Miss... I
don't care.

Drop this now, Roland, or you'll lose
the kids.

I don't think that's your call, Nance.

You think you know everything?

Certainly not. Just a little more than
most.

Little newsflash, Roland.

The kids aren't yours. They're
Richard's. Nancy. What?

Yeah.

So drop this case, Roland, or you'll
never see him again.

It wasn't a master plan, Roland.

It just happened.

Didn't you even wonder why they don't
look like you?

Not even slightly.

All right, talk time's over.

You're not looking so smug anymore.

Come on, Richard.

All right.

I want you to drop by the office,
Roland, and we will figure out your

options.

Tara, I want you to do some research.

Done.

Roland, look at me.

I told you in the beginning I'd take
care of you.

And I will.

You turned in your own client?

I did.

Do you have any defense?

No.

That's all you have to say to us?

No. Well, I thought if I saved time, you
might go easier.

Mr. Shore, if you find this amusing... I
find it preposterous, Your Honor.

A ten -year -old girl climbs into the
witness chair to declare herself the

killer, the daughter of the defendant.

And what happens? The judge says
mistrial, the child goes to jail, and

thing horrifying you...

Is that I revealed the double murderer's
secret?

Yes, Mr. Shore.

Because privilege... Privilege is
fundamental to the system.

Problem is, Judge, the system is a
disaster.

We have over 10 ,000 wrongful
convictions. You're not helping

might you be helping, Judge?

Your Honor?

May I be heard?

Who are you?

My name is Eugene Young. Mr. Shore is a
member of our firm, and as such, I

believe I have standing to address this
tribunal.

And Mr. Shore was doing so well without
you.

I, like this tribunal, believe lawyer
-client privilege to be sacrosanct, and

that there could be no greater violation
to this process than the breach of that

trust.

But, Your Honors, in order for there to
be a breach, there has to be an

underlying trust to begin with. Here
there wasn't.

Brad Stanfield lied to Eleanor Frutt and
Jamie Stringer. He deceived them for

the express purpose of defrauding the
court. The fact that they couldn't trust

him doesn't mean he wasn't trusting
them.

Well, I would submit a fiduciary
relationship has to be somewhat mutual.

Beyond that, Alan Shore had the legal
right to reveal Mr. Stanfield's secret.

And how do you get that?

Well, directing the court's attention to
the rules of professional conduct.

Rule number one.

In one state in this country, a lawyer
may break client privilege to prevent

wrongful incarceration of another.

That state is Massachusetts.

Mr. Young, that is an obscure exception
which, to my knowledge, has never been

relied upon ever. But it is there.

It is written.

The fact that Mr. Shore is the first to
invoke it does not undermine its

validity.

Technically,

Alan Shore acted legally.

And moreover, Your Honor, he acted
morally.

He did the right thing.

The three of you speak of prioritizing
trust.

What about the public trust in our
profession?

What about the erosion of respect for
who and what we are? Alan Shore is an

honorable man.

He saw an unspeakable wrong, a child.

Imprisoned for something she didn't
commit. And he acted to right it. He

within both the technical bounds of the
law and the moral bounds of decency.

Accordingly, he should neither be
suspended nor expelled from practice

he is just.

He is just.

And your honors, you need to reach into
yourselves like Alan Shaw did.

And do what is right.

I'm sure the whole town's plotting for
you right now.

Probably want to buy you a gold watch or
something like that.

I didn't rat you out, Brad.

Neither did Jamie.

It was another lawyer in our firm.

Are you telling me you had nothing to do
with this?

Oh, I would love to claim I did.

I wish I had the courage to throw away
my career, but somebody else did the

dirty work for me.

You're a fan of dirty work, aren't you?

I'm glad you're enjoying this.

I am.

But you need to remember two things,
Eleanor.

First, I will walk away from the second
trial just like I walked away from the

first. Because you make such a favorable
impression.

People like you.

And second, when I do walk away, I'll be
looking you

up.

Is that a threat?

Of course not.

I don't believe you had nothing to do
with this, Eleanor.

I'm in here now, but I won't be for
long.

Keep talking.

I am free to repeat it all.

We're in each other's lives, Eleanor.

And the story's just beginning.

We've done some research and it's not
the end of the world. Don't handle me!

Even if they are not your biological
children, they are still yours.

Any child born into marriage is
presumed... I want to hurt her now.

Roland, I need you to listen to me.

She can't take away your kids.

Even if they are riches biologically...

Legally, we still think that they're
yours.

There are estoppel arguments to be made
against Richard.

And under current adoption laws... Is he
listening to me?

I don't think he's listening to me.

We're going to win this lawsuit, Roland.

We're going to try to get you full
custody.

This is going to backfire on them.

Promise me that.

Please. Promise.

We can't promise, Roland, but... Yes, we
can.

I promise, Roland, I'll win this for
you.

We are not persuaded that Mr. Shore did
the moral thing when he blatantly broke

privilege. We don't think he was just at
all when he betrayed his own client.

Mr. Shore, in our view...

You have offended the very essence of
what it means to be a criminal defense

attorney.

But, technically, under Rule 1 .6b1, a
rule which

you probably weren't even aware of, were
you?

Absolutely. I read it twice.

Under this obscure provision,

which will undoubtedly be erased now
that someone has actually invoked it.

You're covered.

We don't have the ground to suspend you,
however much we might like to.

We deeply hope that you will give us
another chance soon.

We're adjourned.

What do you know?

Eugene, thank you.

I did it for the firm.

Don't mistake it for affection.

Yes. Thank you.

Roland, what's going on?

Are you all right?

Bedroom.

I think I need a lawyer.

Bedroom?

I need a lawyer.

I need help. Let's go. Come on.

Mother of God, our Father who art in
heaven, hallowed be thy name.

Thy kingdom come, thy will be done.

Lead us not into temptation.

Deliver us from evil.

Thine is the kingdom and the power and
the glory forever.

Amen.

Yeah. Yeah.