All language subtitles for LA Law s04e06 Lie Down and Deliver.eng

Previously on L .A. Law.

Douglas and I have been working with a
headhunter for the past few weeks.

He's put us in touch with a few heavy
hitters with substantial client bases.

I'd like to call a meeting with one of
them. Exactly where does this new

fit in on the totem pole?

That would be negotiable.

What if at some point Randy decides to
fight you for custody?

A lawyer's professional judgment can't
conflict with his personal feelings.

A lawyer himself can't be made an issue
on which you're vulnerable.

A lawyer can't keep questioning himself
because he's afraid he could be falling

for his client.

This is lousy timing, Allison.

I know that there are certain people who
think that just because they're

involved with a lawyer that they are
entitled to special favors with their

problems. I think it's really important
that at this stage of our relationship

you realize I'm one of them.

Roxanne is a very important person to
me, David, and if she needs my help,

no mistake, she gets it. If that means
jeopardizing my relationship with you,

I'll do it. If it means getting ugly and
dredging you through the polluted

sludge, I'll do it.

I say this.

You hire a divorce lawyer to represent
you against the very person that you

trust. I'll give him five more minutes,
and that is it.

Come on, Orny, relax a little.

As soon as the photographer is free, we
can get this over with. The sooner, the

better. Don't do me any favors, Arnie.

Let's just have our pictures taken,
shall we, guys?

So what other videos are you promoting
here tonight, Dave? What's it to you?

I like to know the company I'm in. Never
been too particular before.

You're right. If I had been, I wouldn't
have gotten involved with you. Dave,

what exactly are mood enhancement
videos?

Tropical foliage and alpine vistas,
mostly. You know, I have one of the

selections of bucolic imagery in
Southern California right here. Well,

that and your smut collection, I'm in a
real -class environment.

Oh, don't put on airs with me, Arnie.
This is Dave, remember?

I know you too well.

Oh, yeah?

Well, here's something you don't know,
Dave.

I don't need the money this bad.

Fine.

Arnie!

I know you can get through this.

Allison and I suffer a lot of difficult
individuals with what I do, but this guy

is too much.

Dave has a real problem.

No matter how hard he works, no matter
how much money he makes, he'll never be

sexy, he'll never be glamorous, he'll
never be you.

Do you want me to stay?

Yes, I do.

Okay.

How could you have ever opted for
Cifuentes instead of me?

I don't know how many times I've asked
my pup that very same question.

Is this Arnie Becker, Dave?

Yeah, Arnie. This is Cheryl Flexer.
Cheryl, Arnie Becker.

Hi. I'm also here promoting a video.

Oh, really? What video is that?

For the Love of Rubber.

Really? Do you know what I do when I'm
not making porno films?

No, what's that?

I work for a process server.

One for you, and one for you.

Big smiles, everybody.

Beautiful.

Maybe.

burnt up.

You may be aware that after last week's
debacle with the melons by mail, I've

shifted, excuse me, the source of our
dietary supplementation to Jocko's

a crunchy snack that's high fiber, high
protein, and more importantly, rodent

-free. Yes, we know, Douglas. The office
is still buzzing about it. May we move

on, please?

There's more to buzz about.

Jocko's is currently running a cash
giveaway contest. Which contest?

We... won this morning, earning the firm
$5 ,000.

Are you kidding? Each box contains a
batless baseball player on the cover.

If your box contains the missing bat, as
one of ours did, see?

Glides in like this.

Voila! We win $5 ,000.

Well, that's pretty good.

So you see, the windfalls of a healthy
diet are endless.

Moving on.

Siegel versus Blanchard.

Trial starts today. Ready. Let me
reiterate my reservation about starting

trial at eight and a half months
pregnant. Forget it. Oh, I'm a Douglas

one. This doesn't make sense.

Actually, it makes perfect sense.

We're up against a grieving mother who
lost her baby at birth. With Ann

representing the doctor, we stand a good
chance of neutralizing that sympathy.

Putting a pregnant attorney into a
maternity malpractice case.

strikes me as being manipulative, and I
will... It is manipulative, Leland, but

that's what we do.

The fact is, the jury's going to listen
to me on this more than they would

Michael. And since this doctor is so
clearly not negligent, I don't mind

him whatever advantage he needs.

Well, well, well.

Nice of you to join us this morning.

Yeah, well, I got an unexpected surprise
last night at my promotional, and I was

up a little late.

Got sued over the video.

Sued for what?

Malpractice, breach of warranty, some
crackpot hint that she relied on my

advice, and it ruined her life. And she
actually filed suit? You can wipe the

smile off, Doug.

She named the firm as well.

What? She sued us? You're all co
-defendants. I knew it. I knew this damn

would end up in embarrassment, and we're
not covered.

Now, look, I don't know anything about
this lady's case, but she's gonna have a

difficult time making malpractice stick.

Victor, you got any time?

A little. All right, get together with
Arnold.

Let's mark up a fast motion to dismiss
and nip this in the bud.

Very good, Arnold.

Lastly... Drop dead.

At this time, the partners are very
pleased to announce the acquisition of a

partner. Ms.

Rosalind Shays will be joining us next
week, concentrating in the corporate

department.

What are we supposed to do, clap?

This is a major coup for the firm,
Victor.

Miss Shays has a tremendous client base,
and she stands to generate substantial

revenue. Yeah, well, forgive us for not
dancing around, Douglas, but the

revenues that you're talking about go
directly into your pocket, not mine.

As for the associates here, well, the
only thing that's going to change is

the ratio is going to go up seven to
three. And you know what? That stinks.

You're not worried about job security,
are you, Victor?

Nope.

I'll tell you what does bother me,
though.

that a bunch of bottom -line partners
are going around behind closed doors

trying to calculate how to make
themselves richer with no regard at all

other lawyers in this place.

I mean, nobody introduced me to this
lady.

Abby, Jonathan, anybody talk to you?

Nope. You want to meet her, Victor?
Fine.

I'll set it up right away. Dinner,
tomorrow night.

Let's move on.

Thank you. That's it.

We're done.

I couldn't really feel the contractions
because of the epidural.

I just remember pushing as hard as I
could.

And then I remember seeing the baby,
waiting for it to cry.

But there wasn't a sound.

What happened next, Mrs. Blanchard?

There seemed to be this panic.

The nurses were yelling at each other to
do things, and they put an oxygen mask

on his head.

Your son's head?

Yes. And then they stuck this tube down
his throat.

His face, it looked blue.

I know this is painful for you, ma 'am.

But can you tell us what happened next?

Suddenly everything stopped.

Nobody was rushing around anymore.

And I saw them take the tube out of his
mouth.

And I was screaming at them to tell me
what was going on.

Dr. Siegel, he said that my little boy
was dead.

I have nothing further.

Did it appear that Dr. Siegel was doing
everything he could to save your baby?

I guess.

But then I found out after that maybe he
didn't.

I...

Did you do everything you could to
protect the welfare of this child? Of

I did. What kind of question is that?

Did you ever consume alcoholic beverages
during the course of your pregnancy?

I think I maybe had wine on two or three
occasions.

Uh -huh.

And you also drank coffee, didn't you?

Sometimes. What's the point? The point
is, Mrs. Blanchard, you ignored the

express instructions of your doctor to
avoid alcohol and caffeine.

That didn't kill my baby. We don't know
what killed your baby.

Did you ever fly during your pregnancy,
ma 'am?

Flying is allowed.

But it's not recommended.

Objection. Your Honor, I'm trying to
establish that this witness was derelict

her prenatal care. That's not fair.

Mrs. Blanchard, just answer the
questions.

I'll give you a little latitude here,
counsel.

Your niece, Melissa, came down with a
viral infection while visiting you

the sixth month of your pregnancy,
didn't she, Mrs. Blanchard?

Yes. Did you make any attempt to isolate
yourself from her during this illness?

I was the only one who could take care
of her. So you knowingly exposed your

unborn child to a contagious disease,
didn't you? Was I supposed to stay away

from Melissa?

Talk to me, Mrs. Blanchard. I'm the one
asking the question. You're trying to

make it sound like it was my fault.
Maybe it was your fault. Miss Kelsey,

enough. True or false, Mrs. Blanchard,
your doctor said no drinking, you drank.

Your doctor said no caffeine, you had
coffee. Your doctor said avoid flying

contagious diseases, and you didn't.
Stop it. You also smoked cigarettes,

you? I didn't kill my baby. You also
smoked cigarettes, didn't you? Why are

doing this to me? Yes or no?

Yes, I smoked cigarettes, but cigarettes
did not kill my son. How do you know

that?

Objection. Ms.

Kelfrey.

I have no further questions for this
witness.

You want to tell me what just happened
in there?

What do you mean?

Anne, our defense is that Dr. Siegel is
innocent.

It's not that Lucy Blanchard is guilty.

She's the one who wants to point a
finger here.

I was just showing the jury that we can
point it right back at her just as

easily. I'm sorry, but the whole reason
for your doing this was that you would

seem more sympathetic.

You just came off like a monster in
there.

Thank you, Abby.

But I'm the one who decides strategy
here, okay?

Ann, I'm not snapping at you. There's no
need for you to snap at me.

I'm snapping at you because you're
undermining me in the middle of a trial,

I won't stand for that.

Are you okay? I'm fine.

End of discussion.

Buying Arnold Becker's video guide to
divorce is the worst thing my client

did, Your Honor.

Following Mr. Becker's instructions, she
locked her husband out. She wasn't

following my instructions.

Sit down, Mr. Becker. Your Honor, I
trust that Arnold Becker's arrogance

not be imputed to me.

Sit down, Mr. Meyer. The breach of
warranty runs to them both.

She used their videotape to work out her
separation agreement, and as a result,

she wound up with about a tenth of what
she was entitled to. Arnold Becker

specifically cautioned purchasers of
this tape that it wasn't a substitute

legal counsel.

Oh, nonsense.

What were they buying it for, to repair
their cars?

Just a minute, Mr. Dare.

Was there, in fact, a disclaimer on the
tape?

Yes, Your Honor, there was. It was
wholly inadequate.

Now, even assuming, arguendo, that the
plaintiff was relying on Mr. Becker for

legal counsel, there was no mention at
all of Mackenzie Brackman on that tape,

nor can videotape production be deemed
as the practice of law, Your Honor.

I'd have to agree. Well, accordingly,
then, Your Honor, I would move to

any and all claims from Mackenzie
Brackman, Chaney, and Cusack.

Opposed? Furthermore, since malpractice
liability runs only to the client...

And since the plaintiff wasn't a client,
I move to dismiss the claim of

malpractice against Arnold Becker
personally.

Both Mr. Meyer and Mr. Becker had
liability as sellers.

Your Honor, Mr. Meyer was relying wholly
on Mr. Becker's expertise as a divorce

attorney and should not be held liable
for any legal misrepresentation

in the video. All right, I've heard
enough.

The malpractice case against Mackenzie
Brackman is dismissed.

The malpractice claim against Arnold
Becker individually is dismissed.

Thank you, Your Honor. Your Honor, does
this mean Dave Meyer is the only one

liable? Wouldn't be the first time,
Sheldon. The cheese stands alone.

The breach of warranty claim stands
against Mr. Becker as well.

That's it.

Query, Your Honor.

Why is an honest businessman being
pilloried for that which is so wholly

his field of expertise?

Save your queries for trial, Mr. Meyer.

No queries, yes, sir.

Next case, Carey versus Boucher.

What's up?

Oh. Have a seat, Ann.

Pretty cute, Abby, going behind my back.
I came straight to you, Ann. I brought

my problem straight to you, and you just
shut me down.

All right, look.

Based on Abby's account of what happened
in court yesterday, I'm not so sure

it's as brilliant an idea as I thought
to have you try this thing.

Abby and I just disagree with respect to
strategy, that's all. Well, I happen to

side with Abby.

Fine. I'll try to tone it down. Are you
prepared to take over? What?

Michael. Excuse me, Ann.

Abby, can you try this case?

Yes. You can't do this. I'm sorry, Ann,
but I have to think of the client. You

have no right to yank me. Hey, as head
of litigation, I not only have the

I have the responsibility. Now, you have
personalized this case beyond the point

of its effectiveness, and I can't let
that happen.

Abby, you take the witnesses, and you
close.

Michael, you could at least give me a
chance. That is the way it's going to

all right?

Hey.

Jonathan? Diana?

Just the two I'm looking for. Yeah,
what's up, Douglas?

Jaco's cereal won't pay, that's what.

They say there was a packaging screw -up
and baths were placed in over a hundred

boxes instead of three. Oh, no.

They're offering a hundred bucks as a
paltry compromise. I want you to sue

for me.

You want to litigate a $5 ,000 claim?

It's a $500 ,000 claim.

There were 122 false winners. I want you
to file a class action suit on behalf

of all the victims tomorrow.

A class action? Make Benny the named
plaintiff.

We'll get a lot more mileage with a
retardo leading the charge. We can't do

that. Of course we can. He's part of the
firm. Make it Benjamin Stulwitz et al.

Diana, I want you to put ads in the
Times and the Examiner notifying all

prospective plaintiffs. The distribution
of their boxes was limited to West L

.A., so the victims should all be local.
Jonathan, schedule a motion to certify

the class post -haste.

You don't think this is a little rash?

No, I don't.

Those cheap bastards suck a bat in my
box. They're gonna make good.

Besides, if we certify the class, we'll
get a quick settlement and possibly see

a nice council fee of about $20 ,000.

Teach those serial grunts to mess with
me.

You can see the changes on the monitor
right there. They indicate a... Yes.

indicate a fluctuation in the baby's
heart rate about 30 minutes prior to

delivery. And what was happening at this
point, Doctor?

What probably happened was the baby
compressed its own umbilical cord,

off its oxygen.

And what was the effect of this loss of
oxygen?

The effect was brain damage so extensive
that its heart and lungs could not

function outside the womb. This baby
couldn't breathe, its heart couldn't

any blood, and that's what caused it to
die so quickly after delivery.

Can something be done to save the child
in this situation?

Absolutely. An emergency C -section
could have easily rescued the child

the oxygen loss had caused the brain
damage.

And what did Dr. Siegel do? He did
nothing. He waited 30 minutes and

the child vaginally.

Did this weight factor into the child's
death?

There's no question about it. Dr. Siegel
waited too long. Had he responded and

done the cesarean, this baby would still
be alive.

Thank you, doctor.

I have nothing further.

Dr. Stark?

These changes in the monitor are very
minor, aren't they?

They're certainly noticeable.

They're noticeable.

But if that baby suffered brain damage
from a lack of oxygen during delivery,

now that would be marked by a huge
fluctuation in the heart rate, wouldn't

Not always, no.

But typically, right, Doctor?

Yes, typically the fluctuations would be
more remarkable. In fact, this baby

suffered extensive brain damage long
before delivery. Isn't that right?

I see no conclusive proof of that.

Do you have any proof that it didn't
happen that way?

Yes. Based upon my review of the case, I
concluded that the brain damage

occurred during the delivery.

Based upon your review.

Did you speak with Dr. Siegel or read
his deposition?

No. Did you speak with the
anesthesiologist?

No.

How about any of the nurses?

I didn't have to. I reviewed the
records.

Who sent you those records?

Objection! I'm offering to show bias,
Your Honor.

The objection's overruled. Who provided
you with Mrs. Blanchard's medical

records?

Her attorney, Mr. Haber.

And how many times have you previously
testified for Mr. Haber? Your Honor,

is totally irrelevant.

Overruled. Mr. Haber, sit down. In how
many of Mr. Haber's malpractice cases

have you testified, sir?

I don't know.

More than ten?

Yes. More than twenty?

I guess. I don't know.

More than five hundred?

No. So somewhere between 20 and 500
times, you've taken the stand to find

negligence. It's more like 35 times,
tops.

Oh, so now you do know how many times.

And you are paid for this testimony,
correct?

Yes. And, sir, how many babies have you
delivered in the past five years?

None.

None. Well, I guess that's certainly
understandable.

With all these court appearances, who
had time to practice medicine?

Objection! Withdrawn.

Nothing further.

You know, Abby and Jonathan, they wanted
to be here, but they're a little tied

up with litigation right now.

I understand.

Too many lawyers can wreck an evening
anyway.

You got that right.

So, nice?

Comfortable? Yes, but I think I'll feel
more comfortable when I know I've

passed. Pardon?

Victor, Leland didn't arrange this
dinner out of concern for my diet.

I have the ever so slight feeling that
I'm being tested tonight.

Well, scorecards are already in,
Rosalind. You've got the job. So, all

left is for me to smooth the ruffled
feathers of the ranking senior

Honey, do I look ruffled?

Maybe it's... the shirt all kidding
aside victor i know my being brought in

this has got to make you wonder but if
you're harboring the slightest

apprehension about what it does to your
stock let me be the first to squelch it

from everything i've heard about you
your future is pretty much guaranteed

have you heard well that he has the
highest winning percentage in the firm

Michael Cusack and Ann Kelsey have lost
cases that Victor Cifuentes probably

would have won. No, I doubt that.

Mike Cusack and Ann Kelsey, they're both
first -rate trial lawyers.

I know they are.

But you're better.

And the truth is that you're the reason
I have confidence in our litigation

department.

And you're the one that I would like
handling my client's needs in that area.

Well, I'm flattered.

Oh, boy.

If I want to get serious about dinner,
I, uh...

I have to frisk a little. That looks
cute.

You're terrific.

You're poison.

What? You're better than Kelsey and
Kuzak.

I want you handling my client.

She's playing you.

She's probably got a double -header
scheduled tomorrow with Ann and Michael.

I don't know. She seemed... She seemed
okay with me.

Trust me on this one.

That woman is trouble.

It's your video, Arnie.

You're the one who got it. Oh, suddenly
it's my video. When the money's rolling

in, it's our video. But as soon as
there's a possible judgment looming

us, I'm on my own. You're not on your
own.

We'll provide you with whatever legal
representation you need. Big deal. You

send Victor in there to get the firm off
the hook, you leave me dangling.

Arnie, that is the way the judge ruled.

Because that's the way you argued it.
Hey, you don't like the way I handle

You go represent yourself next time. You
can believe me next time I will.

Next time I'll know that I can only
count on myself.

Look, if this were a malpractice case,
it would be one thing.

But our insurance carrier is not going
to kick in for breach of warrant. Then

you kick in.

Your hands were out for the profits.

You kick in. He's right.

We should at least contribute to the
extent we profited. And more.

We're 60 -40 partners. You people should
be throwing in 40 % of whatever the

liability is. Why don't you just cross
-claim Dave Meyer?

The truth is, you could lay this whole
thing at his door. Boy, we all know how

to be lawyers in here, don't we?

We all know how to be shrewd and cold
-blooded in the clutch, right?

We'll give you 50 ,000.

There's no ceiling on what you would
take, Leland. Why would you limit... 50

,000. And that's more than we've gotten
from this thing collectively.

And on a 60 -40 split, that covers you
up to $125 ,000 in a settlement.

You certainly can make this thing go
away for that amount.

And if I can't? If it's more than that,
you're on your own.

Boy, isn't it great to have partners?

It's uplifting to know that I can share
my daily endeavors with such honorable

people.

The common questions don't predominate.
This is not appropriate for a class

action. It's the same cause of action
for everybody. No, no, it's not.

Some of the plaintiffs got the big vats,
and some of them got the small ones.

Excuse me? Different size vats, Judge.

Grand prize winners got the fat vats,
and the runners -up got the thinner

What's more, some got bunters on their
boxes, instead of a guy

swinging away.

You see... If you got the big swinger
with fat bat, that's $5 ,000.

Bunt with the slimmer model at $2 ,500.
Now, some of these kids are just, you

know, whooping the fat bat into the
bunter's hands, and that doesn't win

anything at all. For God's sake.

On top of which, you've got the whole
issue of privity. What?

Privity? Privity.

Some of the kids actually bought the
cereal, others didn't.

I'm telling you, Judge, it's a thicket.

Look, Mr. Powell, I don't care about
privity or skinny bats or fat bunters.

Uh, fat bats, Your Honor. All the
players are evenly proportioned. It's

size of the bats that differs from
boxers. All right. The point is, is that

the class plaintiffs are suing your
client for the same thing.

You've got the same defendant, and
you've got the same basic cause of

The class is certified.

Your Honor, there's so many sub -issues
here, you can't just... I know.

It's a ticket.

Declasse a certified pending notice, Mr.
Powell.

Next case.

You were great. Thanks. I want to see
you today.

Mr. Rollins.

Nice job. Thanks.

Look, we obviously can't afford the
negative publicity of being sued by

I'd like to see this whole matter just
go away post -haste. Two o 'clock

tomorrow in my office.

We'll talk numbers.

I'll be there.

How many of those kids have you actually
tracked down? A little over 25.

Get as many of them there tomorrow as
possible. I don't want parents, just

And have them there by one so I can
prime them.

Why? Strategy, that's why.

You think he's worried about publicity
now?

Oh, boy, he's in for a treat.

All right.

What caused the baby's brain damage, Dr.
Siegel?

Most likely, it was compression of the
umbilical cord, like Dr.

Stark testified.

But... It didn't happen during delivery.

How can you be sure?

Because the kind of brain damage we're
talking about, the compression of the

cord would have to go on at least seven
minutes. Now, that would have sent the

heart monitor right off the chart, not
the little blips we saw.

When do you think this happened to the
baby?

There's no way to tell.

Obviously, the baby can't use its lungs
in the womb, and the blood supply is

provided by the mother.

So it is possible to have a brain
-damaged child, and yet an apparently

pregnancy. There's just... No way to see
this coming. But since there were some

fluctuations in the monitor, shouldn't
you have performed a C -section just to

be safe?

Absolutely not.

C -sections have risks, too.

Risks that outweigh any possible
advantage in this situation.

Dr. Siegel, is there anything you could
have done to save this child that you

did not do?

No.

Thank you, Doctor. I have nothing
further.

The monitor indicated some
irregularities, correct?

Yes, that's correct.

And in response to this warning, you did
absolutely nothing. My response was

exactly... You did nothing, Doctor,
right? I proceeded to deliver the baby.

Vaginally. You billed my client for this
botched delivery, didn't you?

Objection. Relevant.

Mr. Haber. I think it's very relevant,
Your Honor. This man had the temerity to

bill this woman $3 ,500, and he just
went through the motions. I did

I could to save that child. Did death
even bother you, Doctor, or did you just

go back to your office and just whip out
the invoice?

Objection. Mr. Haber, you're out of
order. You make me sick. Dr. Siegel.

tell you what's sickening, sir. A doctor
who makes a fatal mistake and then

refuses to be held accountable.

Objection. Move the strike.

Sustained. One moment. Mr. Haber, and
you're in contempt.

If I make a mistake, I expect to be held
accountable. What I don't expect is to

be blamed for something that isn't my
fault. A baby died, sir, and all you can

think about is your reputation.

Babies die, Mr.

Haber, no matter how hard doctors try,
they still die sometimes.

But if you start suing us because we
can't be God, then soon we won't be able

even be doctors.

Her child is dead, and you think it's
unfair for her to sue.

I'm sorry for your tragedy, ma 'am.

But you're chasing after me as if there
were some sort of guarantee.

There isn't.

And there never will be.

So, what now, golden boy?

I set up a meeting with DiNapoli and her
attorney for tomorrow.

When were you planning on telling me
about this? I just set it up this

Right.

I'd also rather handle this myself,
Dave. Oh, I bet you would.

But I'm not going to let you.

The only one I trust to look after my
interests now is me. Listen, we're on

same side of the table this time, Dave.

I think I can negotiate a better deal
for both of us if you and Sheldon let me

do it alone.

Tell me.

What's worse, Arnie?

Getting sued or having me as a co
-defendant?

Either one's a real pleasant experience
if you want to know the truth.

Well, that'll teach you to tie up with a
trinket salesman, won't it?

I'm not going to play into this, Dave.
Into what?

Into that tired old kick -me -I'm -David
-Meyer routine.

That what?

You must wish I never walked into your
life.

No, I don't.

I wish I'd been able to work out a more
amicable divorce between you and

Roxanne.

I said some hurtful things, and I... I
wish I hadn't.

You really mean that?

Yes, I do.

You know, when I first came to you with
this idea about the video, I wasn't even

interested in making money.

What'd you do it for?

I just wanted to come to the party,
that's all.

Just wanted to hear you say, Hi, Dave.

How's it going? Hi, Dave.

Hi, partner.

Hi, partner.

Still?

You bet you're still.

However rocky it's been, the truth is,
I'm real glad I know you.

I'm real grateful that our paths have
crossed, and I wouldn't give that up for

anything.

I guess it isn't just a world of woe, is
it?

No, David, it's not.

Something always comes along to point
that out.

See you.

Yeah, come on.

The gloam is lifting Roxanne. Of this, I
feel certain.

Arnold. Leland.

Rosalind. Arnie, how are you?

Dave Meyer.

How do you do?

Are you an attorney here?

Me? No, no. I'm in the direct mail field
primarily.

You must know Digby Burnell.

Would that I did.

What do you mean?

Burnell is in the pantheon of direct
mail gods.

He's a titan, a warlord. He's Genghis
Khan.

Roz, I wish you'd be good.

He's been my client for about ten years.
If you ever want to meet him, just let

me know.

Naturally, I'm loathe to capitalize on
your relationship with him.

I expect that this firm will realize its
appropriate share should you and

Digby go forward with a venture. Oh, I
would offer it up joyously.

Digby Burnell, please.

This is Rosalind Shays.

Good God.

What an extraordinary woman.

Okay,

they've indicated they'll go for $250
,000, and your insurance company will

cover it.

No.

No. Dr. Siegel, we can make this whole
thing go away right now.

I wasn't negligent. I'm not going to say
I was by settling.

We can structure it with no admission of
liability.

That way you can... Oh, come on.

You fork over a quarter of a million
dollars, you're admitting guilt.

I do have a reputation to think about.
Dr. Siegel. Ms. Kelsey, look, I'm a

doctor. I'm building a practice. I'm not
going to say I screwed up when I know I

didn't. Yes, you are a young doctor. So
let's talk about the realities of

practicing medicine in the real world.

Doctors get sued when they've done
nothing wrong. Doctors lose suits when

they've done nothing wrong.

You want to go into court and fight
every time you happen to be right?

Fine. You will spend your entire career
in depositions and witness chairs.

And no insurance company is going to
carry you. So you're saying I've got to

bend over and take it because of the
cost of doing business.

That's the big picture.

The immediate picture is we could lose
this case.

And the way your coverage reads, you
could be on the hook personally for

anything over a $250 ,000 verdict. I
don't think you should risk it. I'm not

settling. If they come in at half a
million, you're going to have to sell

house.

I wasn't negligent. That baby didn't die
because of me.

No deal.

There's really no merit to her case?

Roxanne, this woman is a bottom feeder.
Whatever works its way down to her, she

eats. She's a professional victim.

She wakes up in the morning, realizes
her life is trash, and asks, who can I

sue?

She collects injustice like some people
collect stamps.

I'd like to crush her with a rock.

Ladies.

Arnie. Mr. Napoli. How do you do, Mr.
Becker?

Could I get you anything? A cup of
coffee, something cold to drink. No,

you. No.

In that case, why don't we get started?

This is the figure that I'm thinking of.

Well, your thinking needs adjustment.

Why don't you show it to your client?

Denise.

You think this is low? Oh, yes, I do.

I'd like you to consider something.

That figure is payable in full
immediately upon the signing of a

would cover me, and cover Dave Meyer as
well.

If you accept it, we can dispose of this
matter amicably. I'm willing to review

the agreement that you and your husband
worked out.

I'm willing to advise you.

I'm willing to serve as your attorney
should you choose to engage me.

I'm her attorney.

You're not a matrimonial attorney, Leah.
How much less is this amount than what

you would consider a good settlement?

It's considerably less.

Forgive me, but I would beg to differ.

If you reject that offer, you and I will
go to court.

Papers will be drawn, depositions held.

All the while, you'll be paying Leah
somewhere in the neighborhood of $250 an

hour. I, on the other hand, will
represent myself.

The earliest possible date that our
dispute would come to trial would be in,

Leah, you can bear me out on this,
sometime in 1994.

After trial, if you're awarded much more
than this, I will simply appeal.

That process should take us into 1996.

Even if you win every step of the way,
considering your legal fees, the rate of

inflation, I'd be surprised if you broke
even.

Leah, I'm accepting his offer.

Mr. Becker, I'll have my divorce file
sent right over.

Call me Arnie. Arnie, I look forward to
hearing what you think.

You'll hear from me early next week.

Leah?

Yes?

It's always a pleasure.

Mm -hmm.

I hate you both.

Oh, yes, Dr. Siegel said that they did
everything they could, and they put up

all of these other doctors to say that
he wasn't negligent.

Doctors do that for each other.

They stick together.

Because if any doctor gets sued, it's
bad for all of them. But occasionally, a

physician is honest and says what really
happened.

Dr. Stark reviewed these records.

He told you that Dr.

Siegel should have saved this baby.

And he didn't. He told you that because
that man did nothing.

A little baby's life ended.

A bereaving mother has to deal with
that.

He should have to deal with it, too.

You've heard seven independent and
objective experts tell you that Dr.

was not negligent.

The only thing they have to counter is
the Honorable Dr. Stark, a professional

witness who, for a fee, will say
anything Mr. Haber wants him to.

No matter how much you sympathize with
Mrs. Blanchard, she has no

case.

I got up and attacked this poor woman
the other day because I desperately

it to be her fault.

And you know what?

If it couldn't be her fault, I secretly
wanted it to be his.

Because like her, the last thing I
wanted to accept was that these things

happen.

She screwed up. He screwed up. Somebody
did something wrong. Please, because

little babies don't just die.

They can't.

But they do.

I've picked out a name for my baby.

I've even bought clothes, some pink,
some blue.

My husband and I have looked forward to
this for so long that we've totally

prepared for everything, except for the
possibility that something could go

wrong.

But the reality is, it could.

The reality is... that doctors can do
everything right, like Dr. Siegel did,

mothers can do everything right, and an
innocent little child still doesn't make

it.

I know you don't want to accept that.

God knows she and I don't want to accept
that.

All right, come on, come on, get off the
table now. Off the table, please,

please.

All right, now listen. The cereal
company has just proposed a new

offer of $800.

Oh, for God's sake, I can't run a
lawsuit like this. They're the clients,

Powell. I can't ignore their... This is
bloody extortion.

The film crew is due here in 30 minutes.
Good. Help Jonathan calm the troops.

This is crazy. I mean, it's just crazy.

There's nothing crazy about calling a
press conference to announce a class

action of human interest.

That's crap. You're trying to jack me up
with the threat of more publicity so

that I'll roll over. What the hell is
this?

The name plaintiff.

The newspapers might want headshots.

That's blackmail. Using kids as food for
the press? A retarded man as a poster

boy? Oh, for God's sake.

Look, Mr. Powell.

You can't risk this lawsuit.

Aside from the publicity, you're looking
at protracted litigation with a half a

million dollars of exposure.

Not to mention the damage, public
relations -wise. I'm offering you a

for $1 ,200 per person.

This is totally unethical. Tell it to
the ABA. The press conference starts in

minutes, and this has got to make the
networks.

Excuse me, I'd like to get a shot of the
three of you together. No, no.

1 ,200 if it's done today.

Get these kids out of here.

And the only thing that gets to the
press is a statement from both of us

this whole thing is over.

I have to run it by the guardians, but
you can consider it done.

You should be ashamed of yourself.

So what's going to happen if Mr.
Brackley's going to come in here and

to help people get some money, okay?

You like ice cream?

Yeah!

1 ,200 apiece. Yes!

Way to go, Doug.

I can't believe you actually pulled it
off. I'm good.

Merry Christmas, kids.

Full person, has the jury

reached its verdict?

We have, Your Honor. What say you?

In the matter of Blanchard v. Siegel, we
find in favor of the defendant.

Oh, wow.

Oh, thank you. Members of the jury,
thank you very much for your service.

This case is completed.

And we're adjourned.

Another knife in the ribs, another
reminder that your partners aren't your

friends.

Arnie, enough already.

You settled.

You're done with it.

I also know more about the people I work
with. So that's good.

Painful, but necessary.

Right.

Relationship change.

That's right, they do.

What do you mean?

I mean relationships change.

You just changed the subject, didn't
you?

Yes, I did.

So what are we talking about now?

We're talking about the fact that
Chloe's staying with her father.

We're talking about you taking me home
and me asking you in.

We're talking about...

What happens then?

What does happen then?

Well, a number of things might happen.

We could remain cautious and back away
from each other.

We could rip each other's clothes off.

Or we could rip each other's clothes
off.

You think that would be a good idea?

I think relationships change.

I just want to...

Thank you for letting me come.

I wanted to see you in person.

Okay.

I don't think I ever let you know how
truly sorry I am for your loss.

I never had any doubt about that.

You know, when it happened, people told
me

better it happened like that than after
a month or a year.

Better that I never had the chance to
get attached.

How can they think that you can carry a
life around inside you for nine months

and not be attached?

Yeah.

It's funny how things go, Miss Kelsey.

You were my enemy in there.

And still I knew that you were the only
one who could understand.

I wish you the best.

I wish you the best.

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