All language subtitles for the_practice_s08e08_concealing_evidence

You threatened extortion your first week
here. That was an accident.

Break privilege, for which you almost
got disbarred. Horseshoes. Sleep with

witnesses. Just the one. You are
seriously self -destructive.

Isn't everybody?

The difficult thing about firing him.
Aside from him being your friend.

Is that once again he fell on the sword
for somebody else.

And... He did save us from a malpractice
judgment.

And possibly exposed us to something
much worse.

Eleanor said something about me being
self -destructive. But I assure you, if

am unwittingly or unconsciously trying
to take anybody down, it isn't you.

Or this law firm.

Nothing? They just pulled the offer.

Completely. On the eve of trial?

Karen, it seems I've been duped.

The defendant's lawyer is known to be
underhanded. I now think he led me to

believe they'd settle only to string me
along.

We are very ready, Karen. This lawyer,
it's a setback, no doubt. But tomorrow,

we are ready to proceed with this trial.

I need a lawyer.

Hold on a second. I need Bobby.

Where's Bobby? What's going on? He
thinks that he needs Bobby. No, no.

Sir, come here. Eleanor, can you take
Karen into your office, please? There's

not much time.

Not much time. All right.

Take it.

Take it.

That's very kind, but I already have a
knife. Lee, don't be here any second.

Lee,

freeze! Get down now!

You get down! What the hell is this?

Worthy! What is going on here? Did
anybody just come in here?

Six people, in fact.

Dressed in blue.

We're looking for a man, mid -thirties,
jeans, blue jacket. He entered this

building.

Is he a criminal?

He's a homicide suspect.

Homicide?

My God, do you know what you've done?

We represent murderers here. It's quite
possible the man you speak of came into

this building to hire us.

With the six of you, guns out, I will
never come in.

You may very well cost us business,
officer. Bad policeman.

Very bad.

You've got to help me. Mr. Grayson, I
already have.

It's a miracle the police didn't insist
on searching the place, in which case...

I was hiding under the table. I
appreciate that, but trainees at the

now advised to look under tables. It's
been a giant leap for law enforcement.

Look, I'm just asking if you'd hold the
knife.

And as I've explained, I'm not permitted
to do that. This would be considered

evidence. Please.

It's evil. It makes me do things.

Mr. Grayson, if we were to assume
possession of this weapon and you were

charged with a crime, we would have an
obligation, a legal obligation, to turn

it over to the police. Look, I'm telling
you.

It's evil.

Makes me do things.

You know what? Why don't you let me turn
the evil knife over to the police?

So that they might incarcerate it. No.

They'll trace it to me. I'm not going to
jail.

I want it in a place where the police
can't get it.

Where I can't get it.

Would you excuse me for a minute?

Are you going to call the police?

No.

I just want to discuss this matter with
my colleagues.

I'll be right back.

Did he kill somebody?

No, there's blood on it. I don't think
he used it to puncture a tire.

Why doesn't he just throw it in a
dumpster?

That might make sense, Eleanor, but I
can't counsel him to do that.

Unless you'd like me to. No.

We can't advise the destruction of
evidence.

Well, we can't keep it, Eugene.

If he leaves with it, he might kill
again.

It's evil.

Excuse me.

Thank you for your help.

I'm going to look for another lawyer.

Seems we dodged a bullet.

Yes.

Seems so.

What are you doing?

Getting back to work.

We have a trial in the morning.

You'll testify first, and then we'll be
calling our doctors.

Okay.

Just speak from your heart, Karen.

Emotion is the strongest part of our
case.

We don't really have a case, do we,
Eleanor?

Uh, counselor.

Excuse me, please.

I apologize for my client pulling the
offer last minute like that.

We really didn't see it coming.

Right.

$300 ,000. No admission of liability.

Sealed. We're done.

We can get a drink.

Patch up our differences.

I can't go $300 ,000.

But how about zero?

Does zero work for you?

He's been arrested.

Who? Ted Grayson.

Mr. Nightman.

Victim was a CPA stabbed in an alley.

Witnesses evidently saw Teddy and
reported his license plate.

So they've got him in custody?

Yes. And he called asking for you.

Seems that he didn't find other
representation.

Did they recover the knife?

No. No sign of the knife.

Okay. You might have to cover the
arraignment.

I'm in trial here.

But I'm not licensed.

It's just an arraignment.

Also, find out anything and everything
you can about Mr. Grayson.

Alan. I'm coming.

I'll see you at the arraignment.

My husband was very depressed about his
job.

He hated the insurance business to begin
with, and when his performance

declined, he just went into a tailspin.

Did he get treatment?

Yes. He saw a doctor who prescribed
Liritol and antidepressant. Did that

No. Almost immediately after taking it,
he became more agitated, volatile.

About a week after he was on it, he
struck me.

He struck you?

Yes.

Which was so not him.

Paul was... He never showed any signs of
being hostile.

Certainly not violent.

What happened then? He started getting
into altercations at work and was

subsequently fired.

That's... When he started... That's when
he said he wanted to kill his boss.

Did you think about calling the police?

No.

Because as I said, I couldn't even
fathom that he would... Later that

he... He turned the gun on himself.

And you blamed the drug, Leritol.

It transformed him from a kind, docile
man...

Into a volatile, violent person.

Immediately after he started taking it.

I know it was the drug.

Your husband was very depressed over
work?

Yes. Depressed before taking the
Liritol?

Yes, but he... Thank you. Did he ever
hurt anybody after taking the drug

Liritol? He struck me once.

He struck you?

With his fist? Open hand?

Open hand.

Were you injured?

Physically, no. But my children were.
Thank you. Did he tell you that he

purchased a gun to shoot his employer?

No. He said he bought it for personal
protection.

Which you had encouraged.

Am I right? There had been a rash of
break -ins in your neighborhood?

Yes. But he was talking about committing
murder.

That isn't personal protection.

Just so that we're clear.

He bought the gun for personal
protection, and he became very

turned the gun on himself.

He turned the gun on himself after
consuming your client's product.

Your husband's life insurance doesn't
cover suicide, does it, Ms.

Evanson?

With inexplicable tragedies, people
often find the need to assess blame.

Sometimes they have the need to find
money.

Objection. Withdrawn.

Tell me, Ms. Evanson, why don't you just
sue the doctor who prescribed the

medication?

Pocket's not deep enough?

Objection. Sustained.

Nothing further.

I didn't do it. I promise you.

Can you tell me why you were spotted in
the area?

I was there, but it wasn't me.

Who was it then?

It was the knife.

The knife?

I don't deny that it was in my hand, but
I swear, all I meant to do was to

threaten him.

To get money.

The knife is evil. I've done this
before.

The knife has killed before.

It's tried, yeah.

Which is the reason I can't have it in
my hand.

You know where it is, don't you?

If I were to know where it is, Mr.
Grayson, I would be duty -bound to tell.

Let's not have me know.

Are we clear?

Listen, you talk to nobody other than my
assistant,

Tara Wilson, and me.

This is important.

Okay.

Two robberies and one prior assault.

On each occasion, he claims to have
heard voices.

He's been fired from every job he's ever
had.

What's his diagnosis?

He's never been treated.

I beg your pardon? For his prior crimes,
they just threw him into prison.

I talked to his mother. She said that
he's been crazy since he was three.

Apparently she couldn't afford a doctor.

But that's a little unclear because she
seems fairly unstable herself.

Are you telling me this man has never
been treated?

Ever.

I don't prescribe Laritol anymore.

But you did with Paul Evanson. Yes, but
after his suicide, I began to dig around

and uncovered anecdotal evidence of
patients becoming violent.

Doctor, after Paul Evanson started
taking the drug, what did you observe?

He definitely became more agitated,
erratic.

I didn't suspect the drug until it was
too late.

In your patient notes, you never
described Mr. Evanson as becoming more

I believe I noted the agitation as well.
Did you ever observe any acts of

violence?

No. As a matter of fact, you attributed
his increased agitation to his

depression, his despondency over his
job. Did you not, Doctor?

I changed my position on that after
uncovering the anecdotal evidence.

Anecdotal evidence? How many instances
did you uncover where Liratol caused the

patient to become more violent?

Thirty -three. Thirty -three. And in
those thirty -three cases, how many

to a medical conclusion that Liratol was
the cause of the violence?

None were medical conclusions because...
Thank you, Doctor. Wait. I would like

to finish.

Go ahead.

In all of those cases, there were other
variables which prevented a conclusive

finding, but Laritol was the common
denominator, and in each case, it was

as the likely cause.

How many times in your best estimate has
Laritol been prescribed?

Thousands. Perhaps hundreds of
thousands?

Yes. And with these hundreds of
thousands of usages, you were able to

none of which...

They conclusively found a nexus between
lyritol and violence.

Is that correct, doctor? Correct.

How many studies are you aware of,
doctor, that conclude the drug is

None, but... How many studies are you
aware of that conclude the drug is safe?

Many. Most funded by the manufacturer,
your client. Do you have evidence to

suggest that these studies were not
conducted fairly?

No.

The problem is we have no scientific
evidence. Even if we could prove the

was unsafe, proving it's unreasonably
unsafe, given the good it's done many

people. What about the negligence
theory? The problem there is there's

to show they could foresee any danger.

We barely survived summary judgment.

What are you asking me to do here?

It's not like I have an offer to accept.

What am I supposed to do?

Nothing, I guess.

We're just bracing you.

You said you'd get something.

I thought we would.

I have no money.

It's like you said.

Insurance doesn't cover suicide.

I have three children to raise.

I have three kids.

We waive reading, Your Honor, and
request a probable cause hearing.

We'd also ask for a reasonable bail.

Excuse me, Miss Wilson, but I'm informed
you're not a member of the bar.

I'm only here to enter a plea and to
file Alan Shaw's appearance.

No need, Your Honor. I'm here.

What'd I miss?

Mr. Shaw, this is a homicide case.

Do you have better things to do?
Actually, I was searching for the real

Your Honor, with O .J.

Probable cause hearing is scheduled for
tomorrow, 10 o 'clock.

Your Honor, before we adjourn, we have a
subpoena for Mr. Shore.

Mr. Grayson was pursued by the police
into Mr. Shore's building Tuesday night.

Mr. Shore denied to the police that the
suspect entered his office.

Today, by the most stunning of
coincidences, we find Mr. Shore

defendant. Your Honor, I have no
obligation to tell the police anything

client. We believe Mr. Shore may have
information as to the whereabouts of the

murder weapon. Mr. Grayson was overheard
talking in jail about an evil knife

that was in his lawyer's office.
Overheard?

Where was that, standing around the
water cooler?

Chambers.

What do we say about talking, Ted?

Do you have the murder weapon, Counsel?
We don't admit there was a murder, Your

Honor. And if there was, we don't admit
that it was accomplished with a knife.

And if it was, we don't admit the knife
exists.

And if it does, we don't admit that we
have it.

You don't have the right to conceal
evidence.

I have the duty not to incriminate my
client. We're asking for evidence, not

testimony. The case law says a defendant
cannot be forced by subpoena to turn

over a weapon. But we can force the
lawyer.

Do you have the knife, Mr. Shaw?

Frisk me.

Is the knife in your office?

I don't know.

You don't know. If there is a knife,
Your Honor, and I'm not saying there is.

I have no actual or constructive
knowledge as to its whereabouts.

Do you have it?

I do not.

Where is it?

It may be in the conference room.

So I would encourage us all not to go in
there, because if we have actual

knowledge that it's in our possession,
we, of course, would have a duty to turn

it over.

What? You're going wink -wink and
pretending you don't know?

I don't know, Jimmy. Not for a fact.

And you're purposely not looking for it.
Exactly.

Ignorance is not only bliss, it happens
to be constitutional.

Mike,

hello. Thanks for coming.

Would you excuse me, please?

Right this way, Mike.

I do not approve of this person.

Would you do me a favor and call me
Michael in front of other people?

I'm trying to come off, you know, more
respectful.

Respectable, certainly.

Well, what can I do for you?

I'd like to avail myself of your silent
deploy program.

Is this for something illegal?

Michael, how could you ask me such a
thing?

Uh, yeah.

You got the email address?

I have several.

I mean, how illegal is it? What we're
planning to do here?

Michael, you know me.

Just stall them for as long as you can.
Stall them? But he didn't like that you

were late the last time. I'll be there.
What's going on?

Eleanor, I have marvelous news.

They're suddenly offering to settle?

Not yet, but they will. Mr. Colby is in
your office as we speak. Off you go,

Tara. I'll be there shortly.

He's in my office?

I think he'll be very pleased. Let's go.

This is a waste of my time. I assure you
it isn't. I'm doing you a favor, Mr.

Colby. You'll perhaps want to buy me
that drink after all.

I'm not a morning person. Yes.

I was going through the voluminous
discovery late last night, and I found

included among the multitude of various
medical studies.

It's quite helpful.

Though, not to you.

What is this?

It's a letter, addressed to you, in
fact, from your client concerning

Acknowledging a small percentage of
violent ideations and suicidal

Tick, tick.

How did you get this? I just told you.

This is from general counsel.

To me.

It's work product.

We never turn this over.

You must have.

I haven't. I asked you a question
before.

How did you get this? Your client
acknowledged a violent, possibly

nexus between the drug... This is
privileged.

Gee.

If you're right, it would be
malpractice, then, for you to give it to

Ouch. And your reputation has been so
spotless to now.

Two million dollars, Robert. You don't
want the jury to hear that your people

knew about the inherent dangers.

Think of the punitives, Robert.

This is inadmissible.

I'm bringing a motion in limine to quash
it.

And I will not be blackmailed.

Strategic mistake.

Alan, where'd you get that document?

I'm late for a probable cause hearing on
Mr. Knight. I'd love it if you could

start to prepare our response to Mr.
Colby's motion. Could you help me on

I saw him running.

The defense?

Yes. He jumped into his car and he just
sped off.

Are you absolutely sure that this is the
man you saw running?

Yes.

Did you see him run out of the alley or
simply on the street?

Just on the street.

And when the police pulled up seconds
later, you said, that's him in that car?

Yes, and they took off after him. And
when you said, that's him, why did you

think the police wanted him?

Well, because he was running away.

So when the police screeched up, I put
two and two together.

Ah, two and two.

We entered his apartment. He immediately
tried to flee. He shouted, it wasn't

me. It wasn't me.

We apprehended him.

We noticed a bruise on his face.

We also found $700 in cash on his
kitchen table.

A bruise and money, is that all?

That and a prior record for armed
robberies.

I see. Did that factor into your making
the arrest as prior record?

Yes.

Your Honor, at this time, I ask that you
dismiss the charges with prejudice and

an apology.

You can step down, officer.

Do you have anything else? Your Honor,
the suspect's prior record can factor

into reasonable suspicion.

Perhaps to search him. He was spotted
running from the scene.

He then ran from the police. The
prosecution has no case. Running down a

is not evidence of a murder. You don't
even have enough to call him a person of

interest. I could be wrong on that.

All right, look.

There are several issues in play here.

I'm going to take this under advisement.

Will we convene at three o 'clock?

What does that mean?

It means he's going to think about it.

In the meantime, you do not speak to
anybody.

Okay. It's just that sometimes it helps
for me to talk. You cannot do that.

Ted, if I succeed in keeping you out of
prison, I need you to promise me you'll

go to a hospital.

A mental hospital?

We need to make you safe from the
voices.

I don't know how he got it, but clearly
it's privileged.

It's not discoverable.

And for it to be admitted... You
disclosed it?

He's saying we did. It's my suspicion,
however... How did you get the letter,

Mr. Shore?

Discovery.

Your Honor, even if you were to find
this correspondence to be work product,

opinion has to be based on some study.

Why wasn't that study turned over to us?

I don't know.

You don't know.

Did you ask general counsel?

No.

Because what you don't know helps you.

This is a letter written from lawyer to
lawyer, black and white, work product.

I am more troubled by your client
concealing evidence.

I don't know what you do and don't have,
Mr. Colby, but the letter is admitted.

Now might be a good time to chat.

What's going on?

Opposing counsel is meeting with a
defendant.

We're expecting an offer at 2 o 'clock.

Really? That's fantastic.

Yes, it is.

Alan, can I talk to you for a second?

Well, not in that room. It might contain
evil.

My office.

Where did you get that document?

You don't want to know.

Damn it, Alan.

I've had enough of not knowing.

You and I are friends, in addition to
being colleagues, so I am asking you to

straight with me.

Where did you get it?

There's a software program called Silent
Deploy.

Basically, you can target somebody
else's computer. All you need is their

address.

I went into Mr. Colby's computer last
night and hit pay dirt.

You broke into somebody's computer and
you stole their private correspondence.

feel ashamed.

But compared to concealing evidence that
a drug is potentially lethal... Alan, I

don't even know what to do with you.
Eleanor, you are my friend.

I want you to be a friend to Karen
Evanson here.

If you insist on exalting your ethical
duties as a member of the bar, I need

to excuse yourself from this case.

Why? Because swiping this document?

It's just the beginning.

What are you going to do now?

I

can't

urge you enough not to be present for
this. Oh, I will be very present.

In that case, I need you to make me a
promise.

What? Don't speak.

If I have something to say, Alan...
You'll have nothing helpful to say in

room.

I'm sorry, can I... I know where the
room is, thank you.

Who are these people?

Members of my firm.

Excuse them.

They're part of my legal team.

Excuse them.

It's all right. You can go.

Thank you.

I presume

you have a number?

One -three.

Sealed. No admission.

Very nice.

But for a billion -dollar pharmaceutical
company? That's as high as no go, one

-three. That isn't true, Mr. Colby, and
we both know it.

If that document becomes public, it
could generate a plethora of new

I typically loathe the word plethora,
but when it can be used aggressively...

Look, I'm speaking now, sir.

A plaintiff victory would be devastating
for you.

An assettlement, sealed or otherwise?

would be perceived as a victory. That's
your worst nightmare.

What you're desperate for here is a
favorable verdict.

That sends the most chilling message of
all to future plaintiffs, does it not?

I will sell you this document for $8
million.

I beg your pardon?

It becomes yours again. I won't
introduce it.

No doubt you'll get your verdict.

And even more importantly, nobody gets
foul wind of a very damaging admission.

Am I to understand your offering to lose
this case for eight million?

You're going to accept my offer, Mr.
Colby, not because you're dishonest or

ethically challenged like me, but
because you're human.

Because you know this document, should
it become public, would easily cost West

Pharmaceuticals in the tens of millions.
Because you know once your client, your

biggest client, learns you inadvertently
disclosed this to me, they will leave

you. The career flashing before your
eyes is your own, Mr. Colby. Eight

dollars.

I'll rest my case now. We all go home
winners.

And because you are an ethical man,
you'll convince your client.

to hereafter warn doctors and consumers
that studies show violent ideations

as a rare but possible side effect.

How about that, Mr. Colby? You get to
keep your client and possibly save a

or two, all for the one -time offer of
$8 million.

I'd want the check today.

Where is he?

He'll be here any second, Your Honor.
He's currently in trial on another

Miss Wilson, I said three o 'clock.

Step up here, Mr. Shaw.

I'm going to ask you now as an officer
of the court, and you will answer me,

subject to the pains and penalties of
perjury.

Do you have possession of the knife?

I do not.

Do you know where it is?

I do not.

Is it possibly in your office?

Possibly.

Did you look for it?

I did not.

Sit.

If a lawyer knows he's been handed a
murder weapon, he's got to give it to

police. That's the law.

But he doesn't have to go looking for
it.

I cannot order Mr. Shore to provide
privileged information leading to the

knife's discovery.

Without the weapon, the Commonwealth has
often nothing. The defendant was seen

running in the area.

Period.

The murder charges are dismissed without
prejudice.

The reckless endangerment as well as
evading the police, those charges stand.

I'll grant Mr. Grayson bail on that.

I do, however, hereby issue a bench
warrant to search Mr. Shore's law office

immediately.

If you find the knife, we can start this
whole process again.

Until then, case dismissed.

We're adjourned.

Okay, then.

Ted, we made a deal. You get help.
You're going to find the knife.

I watched it under that conference
table. They'll find it.

You hid the knife under the conference
table? Yeah.

Alan.

The judges just called us back in. Have
we heard from Colby? Give me a second.

They'll find it. All we can do is hope
they don't, Ted. In the meantime, Tara's

going to take you to a hospital. I've
arranged for you to be admitted.

The police will come and get me. If we
get you committed, perhaps they won't.

Tara, there's a car in front with
security.

Let's get your presence out of here.

I'll visit you tomorrow.

Let's go.

Glad you could make it, counsel.

I took the liberty of bringing the jury
in without you.

You may proceed.

I'm not doing that. You're on your own.

The plaintiff rests, Your Honor.

What do you mean, you rest?

We presented our case in full. We rest.

What's going on?

Your Honor, I feel conflicted about
introducing that document.

Clearly, the disclosure was inadvertent
as well as privileged.

If the shoe were on the other foot, if
this were ever done to me by another

lawyer... You have evidence that could
further your client's case, likely win

it.

You have an obligation to use that
evidence, Mr. Shore.

I'm afraid it'll make me look
unscrupulous and the jury will punish

What's going on here?

But I disagree with Mr.. Shore, but it's
his client and ultimately

his call Without that document this
doesn't even get to a jury counsel.

I will direct a verdict for the
defendant Well, I certainly hope you

that. Oh, I will do that You haven't
even made a prima facie showing you've

introduced no scientific evidence

How in God's name could you even think
of resting?

Your Honor, we hope for a settlement.
They didn't blink.

I tip my hat, but using this document,
as an officer

of the court, I can't bring myself to
take advantage of it.

If you don't introduce it, I will direct
a verdict against you, and

I will recommend that your client pursue
a claim for malpractice.

Plaintiff rests, Your Honor.

I don't believe this. Slip that into
your purse, Karen. This whole thing is

sealed. We don't want anybody to find
out, especially the judge.

The case is over?

They wouldn't be paying us eight million
to continue.

I don't know how to thank you.

Just go take care of your kids.

Alan, can I hug you? No, I don't hug
clients.

I grope them on occasion, but I never
hug.

This is that

man, Eugene.

Ever since he's been here. Look at this.

Jimmy, could you perhaps lay off the
guy?

No, I'm sick of this.

A party?

Where's the punch?

Alan, can you come into my office,
please?

Let's all go.

What, are they going to beat me up?

Come on.

For the last two hours, our office has
been turned upside down while the police

look for a murder weapon.

Myself, Jamie, and Jimmy, well, we've
been unable to do our work because, once

again, you have caused this place to be
disrupted.

Last week, I was at the point of firing
you.

So tell me, Alan, if you were in my
position, running this firm,

How would you deal with an employee like
yourself?

That's a tough one.

On the one hand, if someone's a
liability, I say get rid of them.

On the other hand, I...

Here's a check made out to the

firm for two million.

Contingency on that. Case we just
settled.

We're done.

We'll be out of your hair in five
minutes.

Did you find anything?

No.

But I don't get to leave when I want.

No. If you're committed, you can't leave
until they say you're better.

What if I never get better?

Could you do that for a second?

I'll be at the door.

Okay.

Two things.

First... Or make a list of all the
doctors that you can speak to about the

knife. And so forth.

Outside of privilege, you can't talk to
anyone about these things.

Only the doctors.

How would you explain that?

Second.

You will get better, Ted.

You will.

He's been mentally ill his entire life,
Alan. He's in his 30s, for God's sake.

This is the first time he's seen the
inside of a hospital.

Well, he won't be seeing it for long,
Alan, if the police find that knife.

Can we talk about the other case now?

No.

Alan, I know you.

to get disbarred.

A self -destructive... All right, all
right, on that note.

Alan.

Hey.

Jimmy, hello.

Can I buy you a beer?

You're right.

Baby steps.

My mistake.

Half a beer.

Good night.

I don't get it, Eleanor.

I see nothing redeeming about that man.

You have to know him, Jimmy.

You just...

You have to know him.

Next, on The Practice.

If I go back to Romania, they'll force
me to get married.

Anna, let's go.

One second, sir. This is a family
matter. Let go of me. Mr. Viorca, your

daughter is represented by counsel.

Nine months ago, my wife was murdered.
She was stalked. You can't do that to a

person and only get 15 years.

This guy got any priors? A ton. But if
he doesn't testify, they don't come in,

Eugene. Look, I'm not saying we won't
get him. I'm just saying there's a risk.

I've explained this to your client. He's
just too emotional to hear it. You

mentioned going after him civilly. I'd
like to do that. Don't let this man make

you more of a victim than you already
are.

Thanks for watching Sunday's best dramas
on ABC.

Stay tuned now for your late local news.