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1
00:00:02,579 --> 00:00:03,880
Previously on L .A. Law.
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00:00:04,280 --> 00:00:06,420
I don't think Stuart should litigate the
Hogan case.
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00:00:07,100 --> 00:00:08,180
I'm worried about him, Leland.
4
00:00:08,440 --> 00:00:10,680
I think it's too early for him to be
trying cases.
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00:00:11,020 --> 00:00:13,660
You were supposed to support me, not cut
my legs out for one of you. I want a
6
00:00:13,660 --> 00:00:16,860
husband, Stuart. I want a father for my
child. Then let me be a man! I was
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00:00:16,860 --> 00:00:18,000
thinking about Matthew.
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00:00:18,260 --> 00:00:19,260
It's crap.
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00:00:20,060 --> 00:00:22,900
I couldn't help but notice that Pat
Sajak is one of your clients?
10
00:00:23,220 --> 00:00:26,480
The handler closing on his new house.
Well, it so happens I love Wheel of
11
00:00:26,480 --> 00:00:29,540
Fortune. You call up, you act upbeat,
happy.
12
00:00:30,300 --> 00:00:33,180
If they like you, and how could they
possibly not, they'll get you an
13
00:00:33,420 --> 00:00:34,420
Are you serious?
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00:00:34,460 --> 00:00:35,460
I love you, Grace.
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00:00:36,620 --> 00:00:38,620
I'm not sure of a hell of a lot, but I'm
sure about that.
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00:00:39,180 --> 00:00:40,180
All right.
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00:00:41,940 --> 00:00:42,940
I'll marry you.
18
00:00:46,280 --> 00:00:47,980
Hey, I just heard about you and Jack.
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00:00:48,280 --> 00:00:49,280
Congratulations.
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00:00:50,100 --> 00:00:54,880
I feel like I have stepped off a cliff,
Victor.
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Changed your mind, didn't you? I wish it
could be different, Jack.
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00:00:58,690 --> 00:01:00,230
You are an amazing man.
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Sorry, tell me.
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I'm sorry.
25
00:01:03,130 --> 00:01:05,290
A masterful job, Murray. I'm very
pleased.
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Well, thank you, Dougie.
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I ain't to please.
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00:01:09,630 --> 00:01:16,170
Hey, Dougie, don't... A warning about
the turpentine in the toilet bowl. That
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00:01:16,170 --> 00:01:17,990
could have used. I'm so sorry, Doug.
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You want to live in my house?
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I'd like you to.
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You know something, Benny?
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I think I'd like it too.
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television city in Hollywood, one of
America's most loved shows.
35
00:01:46,410 --> 00:01:50,910
The Davis Wheel is spinning away with
lots of cash and an assortment of
36
00:01:50,910 --> 00:01:51,910
sumptuous prizes.
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And now, here's your host, Bob Goen.
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00:01:56,510 --> 00:02:01,090
Hey there, everybody, and thank you,
Charlie O'Donnell, and welcome to you at
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home. Thanks for joining us on Wheel of
Fortune. We have three eager players
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00:02:03,870 --> 00:02:07,730
with us today. So let's get right to it
and introduce our lovely hostess, Miss
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00:02:07,730 --> 00:02:08,730
Vanna White.
42
00:02:13,550 --> 00:02:17,250
Yeah, our three players. First off, our
current champion is Edna Gerth. Edna,
43
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tell us something good here.
44
00:02:19,190 --> 00:02:21,590
Well, I'm doing great. I want to keep
winning.
45
00:02:21,810 --> 00:02:22,910
I love that money.
46
00:02:23,750 --> 00:02:27,630
That sums it up, doesn't it? Okay, in
the middle is Douglas Brackman, an
47
00:02:27,630 --> 00:02:31,610
attorney. Hello, Bob. I have two
wonderful sons. I'm single, and I work
48
00:02:31,610 --> 00:02:32,549
downtown firm.
49
00:02:32,550 --> 00:02:35,030
What did Shakespeare say? Kill all the
downtown lawyers?
50
00:02:35,330 --> 00:02:36,330
That's right, Bob.
51
00:02:36,910 --> 00:02:40,850
Oh, welcome. And down on the end,
Chicago, Illinois, brings us Jeffrey
52
00:02:40,970 --> 00:02:43,710
Jeffrey, I know you were a little
nervous before the show, but you look
53
00:02:43,710 --> 00:02:47,170
now. I'm fine. Ready to play Wheel of
Fortune. Okay, well, let's get right to
54
00:02:47,170 --> 00:02:49,150
then, shall we? Let's take a look at our
first puzzle.
55
00:02:49,550 --> 00:02:50,750
Category is a phrase.
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00:02:51,450 --> 00:02:53,450
And Edna, you're going to start. Give it
a spin.
57
00:02:55,670 --> 00:02:57,650
Come on, come on. I want that big one.
58
00:02:58,070 --> 00:02:59,070
Come on.
59
00:03:00,470 --> 00:03:01,470
Hey, 300.
60
00:03:01,530 --> 00:03:02,810
How about a T?
61
00:03:03,090 --> 00:03:05,270
Yeah, good choice. We do have a T for
you.
62
00:03:05,710 --> 00:03:06,710
Spin it again, Bob.
63
00:03:06,770 --> 00:03:07,910
Let's beat them big, Bob.
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00:03:11,910 --> 00:03:17,990
150. Okay, um, how about an L? Yeah,
good choice. We have two Ls. All right,
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00:03:18,150 --> 00:03:19,150
yes.
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Oh, baby, baby, come on, 1250.
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Come on, come on, come on.
68
00:03:26,670 --> 00:03:29,270
Slow down, slow down.
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00:03:30,670 --> 00:03:34,230
Bad boy, you're on a roll, too, isn't
he? Sorry, Douglas, over to you.
70
00:03:43,400 --> 00:03:44,039
Here we go.
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00:03:44,040 --> 00:03:45,700
12 .15. Nice opening spin.
72
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Let me see.
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00:03:47,200 --> 00:03:51,640
I want a B. Good choice. Two big Bs over
there.
74
00:03:52,760 --> 00:03:57,120
Okay, you have $2 ,500 already. You want
to spin, solve it, buy a vowel? I'm
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going to try to solve.
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00:03:58,400 --> 00:03:59,400
You're kidding.
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Bald is beautiful?
78
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How about that? He's right.
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00:06:37,040 --> 00:06:41,420
First up, on an administrative note,
I'll be out of the office again tomorrow
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00:06:41,420 --> 00:06:45,060
afternoon. As the current champion on
Wheel of Fortune, I've been invited back
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00:06:45,060 --> 00:06:49,220
for another round. How much did you win?
11 ,000 cash, plus the dinette set.
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00:06:49,340 --> 00:06:51,220
Wow. I thank you for your support.
83
00:06:51,440 --> 00:06:56,160
On a second administrative point, let me
note for the record the absence, once
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again, of C .J. Lamb from this staff
meeting. I've spoken to her four times
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obviously to no avail.
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I'll talk to her. Let's go. Next item,
the Totten tax case, which has now
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into the Totten audit, thanks to our
ever -vigilant tax expert.
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The IRS swooped down, Douglas. They just
pounced. Nobody could have seen it
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coming. Pouncing is what we're here to
prevent, Stuart. It's what the client
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00:07:18,320 --> 00:07:20,220
pays us for. Leave him alone, Douglas.
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00:07:20,440 --> 00:07:24,720
Steve Totten is a million -dollar
client. We have to fend off this audit.
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it, Douglas, okay? Rosen versus
Harbaugh. Yeah, couldn't settle. Start
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This can be won.
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00:07:30,940 --> 00:07:31,919
Come on, Victor.
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The doctor could have prevented this. I
think you're absolutely right.
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You have no proximate cause.
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What do you want to talk about?
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Okay, okay, let's not try it here.
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00:07:41,800 --> 00:07:45,140
Victor, do what you can to settle it.
Leland, I have been trying to settle it,
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but they've offered $15 ,000. Now, how
the hell do I convince the victim's
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family that her life is worth less than
a Volvo?
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That's not the question. The question is
making doctors responsible for every
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unfortunate event, even if their
patients...
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Damn well should take responsibility. No
case, no way. All right, that's enough.
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00:08:01,720 --> 00:08:04,100
Do the best you can, Victor. Douglas,
move on.
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That's it.
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We're adjourned.
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00:08:10,920 --> 00:08:13,640
They told me, but I had to see this for
myself.
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Told me?
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Well,
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you actually moved into a stinking suit
and tie shop?
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00:08:23,140 --> 00:08:25,300
Hey, I tried to... I thought your line
was disconnected.
113
00:08:25,780 --> 00:08:28,820
Yeah, I had a few bumps lately. But the
phones are on again.
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Listen, sweetheart.
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I've got a present for you.
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Non -smoker, lung cancer, second -hand
smoke.
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I beg your pardon? The doctors tell me
it's for real.
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32 years old, parents smoked victory
menthols. He never smoked.
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And he has lung cancer?
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Could be a big case, CJ, and it's all
yours. But you've got to move.
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There are two depots scheduled this
week. So why don't you want it? I do,
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tobacco companies hire lots of lawyers.
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Motions, paper from word processing
hell.
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I'm in trouble keeping up.
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Plus, switch my malpractice insurance
just lapsed.
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00:09:07,890 --> 00:09:12,270
Tommy. Yeah, like I said, I hit a few
bumps. Take care of this guy for me,
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you? I like him.
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How about we do it together? Co
-counsel. You don't have to do that.
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I'm thinking of the client. We couldn't
possibly get up to speed for two
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00:09:22,500 --> 00:09:24,660
depositions this week. You know the
case.
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And you are probably a better litigator
than anybody I've got here.
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You try the case. We provide the backup.
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You cut a simple one -third of the take.
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Serious? Serious.
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Leave the file so I can review it and
schedule the depositions to take place
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here.
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I'm here.
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Gwen!
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I can't find it. What?
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1987. The whole correspondence from the
field office. Cotton's coming in
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tomorrow to go over it.
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How the hell can we do it all year?
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00:10:00,740 --> 00:10:02,620
We didn't, Stuart. It's right here.
144
00:10:03,900 --> 00:10:06,700
You're going to hyperventilate when you
sit down and relax.
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Breathe into this.
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Better? I think so. Sorry.
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00:10:25,470 --> 00:10:26,990
I can't believe it was sitting right
there.
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Going off the deep end, aren't I? You're
fine.
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You're totally prepared for this.
150
00:10:32,290 --> 00:10:33,450
I don't feel prepared.
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I feel scattered. I feel disorganized,
but I don't feel... I'm scared.
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I've done hundreds of audits, and I feel
like it's the first time. Listen.
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You know the pension fund backwards.
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You found the best SEC consultant in
town.
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And you've got every schedule Totten
ever filed in your head, Stuart. The IRS
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doesn't stand a chance with you.
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They're not going to know what hit them.
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Do you really believe that?
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Absolutely.
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Mrs.
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Klein, what was your relationship to
Barbara Rosen? She was my sister.
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We were very close. We were 18 months
apart.
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And how did your sister die, ma 'am? She
was murdered.
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Beaten to death by her husband.
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Your Honor, the parties stipulate that
Barbara Rosen was indeed severely beaten
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on November 15th, 1989 by her husband,
Peter Rosen, that she died the next day
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as a result of her injuries, that Peter
Rosen was convicted of voluntary
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manslaughter and is now serving six
years in state prison. So stipulated.
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Mrs. Klein, could you please tell the
court why you are here today suing your
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sister's doctor?
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00:11:44,410 --> 00:11:49,670
Yes. When Barbara's autopsy indicated
long -term bruises and injuries...
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I had her medical records subpoenaed
from Dr. Harbaugh. And what did you find
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those records?
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A history of physical abuse dating back
over ten years. Black eyes, broken ribs,
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concussions. It was all there.
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All of these injuries were inflicted by
your sister's husband?
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Yes, and Dr. Harbaugh knew it. He saw
the bruises. He knew she was a battered
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wife, and yet he did nothing.
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00:12:13,120 --> 00:12:17,380
Well, what would you have him do, ma
'am? He should have told the police. Or
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least he could have told us.
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He was our family doctor for over 15
years, but he just repeatedly kept
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her back home to be beaten.
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He just stood by and let my sister get
murdered.
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Thank you very much, Mrs. Klein.
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00:12:38,520 --> 00:12:41,380
Mrs. Klein, you say you and your sister
were close.
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How often did you see each other?
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Whenever I came into town and on
holidays, so maybe four or five times a
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00:12:47,930 --> 00:12:52,670
Did you ever see any evidence that she
was being abused? I remember once she
189
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limping, and I remember a bruise.
190
00:12:55,870 --> 00:12:58,070
But she had explanations both times.
191
00:12:58,350 --> 00:13:00,450
But you suspected abuse, didn't you,
Mrs. Klein?
192
00:13:01,190 --> 00:13:03,590
I never knew how bad it was. Why didn't
you tell anyone?
193
00:13:04,810 --> 00:13:06,710
Why didn't you report it to the police?
194
00:13:09,110 --> 00:13:14,610
Because I... I didn't know how serious
it was. Did you ever ask her?
195
00:13:14,830 --> 00:13:16,290
No, because I... Because?
196
00:13:16,840 --> 00:13:19,340
You respected her privacy, but Dr.
197
00:13:19,560 --> 00:13:23,240
Harbaugh shouldn't have. He should have
treated your sister like a child, even
198
00:13:23,240 --> 00:13:27,420
though she was a grown, educated woman.
He should have done his job.
199
00:13:27,740 --> 00:13:31,120
He should have assumed that she didn't
know what was good for her and made
200
00:13:31,120 --> 00:13:35,740
decisions that were rightfully Barbara
Rosen's. You saw what Peter did, and you
201
00:13:35,740 --> 00:13:36,760
did nothing.
202
00:13:37,180 --> 00:13:38,180
Move to strike.
203
00:13:38,520 --> 00:13:41,020
You let my sister get killed.
204
00:13:49,020 --> 00:13:51,040
Okay, let's tackle the limited
partnerships.
205
00:13:51,600 --> 00:13:57,420
Right. We have all the prospectuses on
file, including favorable opinions by
206
00:13:57,420 --> 00:13:58,420
major accounting firms.
207
00:13:58,580 --> 00:14:01,860
They're indexed by year, but we also
have cross -files by venture and state.
208
00:14:02,220 --> 00:14:05,580
Miss Taylor ran Mr. Totten's returns
through the computer, along with
209
00:14:05,580 --> 00:14:08,940
partnership reports and changes in the
tax code. What she came up with was
210
00:14:08,940 --> 00:14:09,940
pretty interesting.
211
00:14:10,180 --> 00:14:13,960
In some cases, Mr. Totten actually
failed to take losses he was entitled
212
00:14:14,880 --> 00:14:20,600
And we also have chapter and verse on
pension plans and financial statements
213
00:14:20,600 --> 00:14:22,320
depositions by fiduciaries.
214
00:14:24,780 --> 00:14:31,720
And we're more interested in deductions
and securities, especially the boat.
215
00:14:33,840 --> 00:14:37,880
All documentation for business use of
the Sea Witch dating back to 1982.
216
00:14:38,460 --> 00:14:42,960
The bottom shelf has the ship's logs and
galley receipts. And our independent
217
00:14:42,960 --> 00:14:47,920
consultant reviewed all of Mr. Totten's
securities transactions and found no tax
218
00:14:47,920 --> 00:14:48,920
liability whatsoever.
219
00:14:49,080 --> 00:14:50,660
She signed off on each one.
220
00:14:51,820 --> 00:14:54,620
Individually? Mr. Markowitz thought that
would be best.
221
00:14:54,960 --> 00:14:55,960
All right.
222
00:14:56,360 --> 00:14:58,360
If you can chart all this out.
223
00:14:58,800 --> 00:15:02,940
I have a written summary signed off by
the accountant. On my desk at 9 a .m.,
224
00:15:02,940 --> 00:15:04,180
I'll call off the audit.
225
00:15:04,420 --> 00:15:07,500
You will? Three pages, single -spaced,
including file references.
226
00:15:07,820 --> 00:15:08,820
It's a deal.
227
00:15:11,000 --> 00:15:13,640
So, uh, 9 o 'clock, it'll be there.
228
00:15:14,080 --> 00:15:15,080
I can hardly wait.
229
00:15:16,120 --> 00:15:17,120
Thank you.
230
00:15:22,780 --> 00:15:23,780
Yes!
231
00:15:23,920 --> 00:15:24,920
Oh!
232
00:15:25,980 --> 00:15:27,220
We've got a lot of work to do.
233
00:15:27,550 --> 00:15:29,290
Oh, I can stay as late as you need me.
234
00:15:29,750 --> 00:15:30,750
You're the best.
235
00:15:31,370 --> 00:15:35,070
Look, dinner's at me tonight. Now, we'll
send out if we have to, but if we get
236
00:15:35,070 --> 00:15:37,790
far enough along, I know this really
nice place.
237
00:15:38,730 --> 00:15:40,130
Because we just pull off a miracle.
238
00:15:40,990 --> 00:15:45,370
I smoked maybe three cigarettes total
when I was a teenager.
239
00:15:45,690 --> 00:15:49,670
And when were you diagnosed with lung
cancer, Mr. Shepard? Two years ago.
240
00:15:50,010 --> 00:15:52,830
And the doctors told me he was from
years of breathing smoke, growing up in
241
00:15:52,830 --> 00:15:55,010
house where both parents smoked. That's
just wrong.
242
00:15:55,310 --> 00:15:58,090
Excuse me, sir. You are not the witness
here.
243
00:15:58,330 --> 00:16:00,110
Tomorrow, you will be the witness.
244
00:16:00,810 --> 00:16:04,130
That's when I'll be asking the
questions. Don't threaten my client. I'm
245
00:16:04,130 --> 00:16:07,530
trying to shed some light here. He seems
a bit confused. Come on, boys. Let's
246
00:16:07,530 --> 00:16:08,530
get on with it.
247
00:16:09,610 --> 00:16:11,170
The doctors made no...
248
00:16:11,970 --> 00:16:15,930
conclusive findings about your exact
cause of cancer. Now, did they, sir?
249
00:16:15,930 --> 00:16:18,310
said they thought it had to be from...
I'm not interested in what they thought.
250
00:16:18,310 --> 00:16:23,010
You interrupted again. Don't make me
smack you. This is a deposition, Mr.
251
00:16:23,110 --> 00:16:24,450
Mullaney, not a rugby match.
252
00:16:24,690 --> 00:16:28,490
And any more comments from you and I
will suspend this proceeding and move
253
00:16:28,490 --> 00:16:32,070
sanctions. You take up a judge's time
with a stupid motion like that, he'll be
254
00:16:32,070 --> 00:16:33,070
glad I smacked you.
255
00:16:39,050 --> 00:16:45,420
Did the doctors confirm conclusively
find that your lung cancer was caused by
256
00:16:45,420 --> 00:16:46,420
secondhand smoke.
257
00:16:46,560 --> 00:16:48,540
That was their opinion. Their opinion.
258
00:16:50,020 --> 00:16:51,020
Thank you.
259
00:16:52,000 --> 00:16:54,920
Okay, we're done. This proceeding is
adjourned.
260
00:16:56,160 --> 00:16:57,340
We'll see you all tomorrow.
261
00:16:59,640 --> 00:17:02,820
Just a little more up here and we're in
business.
262
00:17:03,260 --> 00:17:04,339
I'm going to use my free turn.
263
00:17:04,540 --> 00:17:07,000
Another letter, I could have solved it.
Tough break.
264
00:17:08,620 --> 00:17:09,620
Okay, you're all set.
265
00:17:09,859 --> 00:17:12,140
These have to be a size smaller, cutting
off my circulation.
266
00:17:16,339 --> 00:17:17,720
Hi. Hi.
267
00:17:17,980 --> 00:17:21,400
You know, I've been a big admirer of
yours for some time now.
268
00:17:21,829 --> 00:17:23,490
Please, there is no conversation with
Miss White.
269
00:17:23,690 --> 00:17:24,690
Okay, no conversation.
270
00:17:24,810 --> 00:17:27,710
I'm just going to take my shot. I'm not
in the industry. I'm just a boring
271
00:17:27,710 --> 00:17:31,190
corporate attorney who leads a very dull
life. But I happen to have 8 o 'clock
272
00:17:31,190 --> 00:17:34,390
reservations at La Dome tomorrow night.
Will I be eating alone?
273
00:17:34,830 --> 00:17:35,830
Yes, you will.
274
00:17:36,430 --> 00:17:39,730
Regulations. We're not allowed to have
any contact with contestants during the
275
00:17:39,730 --> 00:17:42,950
game. I see. So if it wasn't against
federal law, you might consider it.
276
00:17:43,170 --> 00:17:44,170
Cute.
277
00:17:46,470 --> 00:17:49,070
Cute. This woman was your patient,
Doctor.
278
00:17:49,440 --> 00:17:52,240
I did everything I could to help Barbara
Rosen.
279
00:17:52,820 --> 00:17:53,820
I really did.
280
00:17:54,500 --> 00:17:59,620
Besides treating her physical injuries,
what did you do? I listened to her. I
281
00:17:59,620 --> 00:18:02,140
urged her to get marriage counseling or
go into therapy.
282
00:18:02,700 --> 00:18:06,180
I even tried talking to Peter, but he
wouldn't admit that he had a problem.
283
00:18:06,440 --> 00:18:09,620
What about Mrs. Rosen? Did she respond
to your suggestions?
284
00:18:09,980 --> 00:18:12,340
No. No, she begged me not to tell
anyone.
285
00:18:12,980 --> 00:18:16,760
She was so sure that Peter was going to
change. I tried to tell her that he
286
00:18:16,760 --> 00:18:20,310
wouldn't. Did you try more than once?
Every time she came in with an injury.
287
00:18:20,630 --> 00:18:22,830
But talking about it only made her feel
worse.
288
00:18:23,050 --> 00:18:26,870
She was scared that people were going to
find out that Peter was going to
289
00:18:26,870 --> 00:18:28,890
divorce her and take away her children.
290
00:18:29,230 --> 00:18:33,850
Dr. Harbaugh, do you feel you fulfilled
your professional obligations to Barbara
291
00:18:33,850 --> 00:18:39,210
Rosen? Yes. I diagnosed her, and I
strongly recommended a course of
292
00:18:39,390 --> 00:18:41,210
But there was nothing more that I could
do.
293
00:18:41,470 --> 00:18:42,470
Thank you, Doctor.
294
00:18:45,050 --> 00:18:46,150
Dr. Harbaugh.
295
00:18:47,110 --> 00:18:50,550
Why was it that you didn't report to the
authorities that Barbara Rosen was
296
00:18:50,550 --> 00:18:53,590
being abused by her husband? She made it
clear that she didn't want me to. Well,
297
00:18:53,610 --> 00:18:56,810
sir, what if you were treating a child
that you suspected of being abused?
298
00:18:56,930 --> 00:18:58,390
Barbara Rosen wasn't a child.
299
00:18:58,730 --> 00:19:03,450
And, Doctor, aren't you required by
California law to report any case
300
00:19:03,450 --> 00:19:06,610
injuries that you reasonably believe
were inflicted by a criminal act?
301
00:19:06,870 --> 00:19:10,510
Yes. Well, I'm going to refer to your
own medical notes here, sir.
302
00:19:11,530 --> 00:19:13,510
July 20th, 1989.
303
00:19:13,930 --> 00:19:15,830
Quote, the patient suffered...
304
00:19:16,040 --> 00:19:20,580
Severe lacerations as well as a
concussion appears to have been struck
305
00:19:20,580 --> 00:19:23,020
blunt instrument. You didn't consider
that to be a criminal act?
306
00:19:23,220 --> 00:19:25,160
I had no proof that she was struck by
anybody.
307
00:19:25,520 --> 00:19:27,940
Well, why didn't you tell the police?
The police aren't going to act on a
308
00:19:27,940 --> 00:19:31,480
doctor's suspicion. Sir, why didn't you
at least report it to them and give them
309
00:19:31,480 --> 00:19:32,179
a chance?
310
00:19:32,180 --> 00:19:34,680
Because all that would have happened was
Barbara would have sued me for
311
00:19:34,680 --> 00:19:39,900
breaching confidentiality. Oh, so that's
why you decided to stay quiet. Fear of
312
00:19:39,900 --> 00:19:41,460
being sued is... That's one reason.
313
00:19:41,870 --> 00:19:46,890
The other reason is that I am also
required by law to uphold the
314
00:19:46,890 --> 00:19:49,670
of my patient. And my patient asked me
to stay quiet.
315
00:19:49,930 --> 00:19:53,790
But your patient wasn't in control here,
Doctor. She was being terrorized by her
316
00:19:53,790 --> 00:19:57,350
husband. Obviously, her judgment...
That's a psychiatric observation,
317
00:19:57,920 --> 00:20:00,580
I'm not a psychiatrist. Come on, Doctor.
You knew what she was headed for. Hey,
318
00:20:00,720 --> 00:20:03,360
I warn my alcoholic patients to stop
drinking.
319
00:20:03,560 --> 00:20:06,900
Most don't. I urge battered wives to
leave their husbands.
320
00:20:07,380 --> 00:20:12,320
Most don't. One more time, I'm going to
go back to your own records here because
321
00:20:12,320 --> 00:20:16,420
Mrs. Rosen's injuries were progressively
getting worse. They weren't just black
322
00:20:16,420 --> 00:20:17,580
eyes and broken ribs.
323
00:20:18,040 --> 00:20:19,640
You had two concussions here.
324
00:20:20,220 --> 00:20:21,199
A broken nose?
325
00:20:21,200 --> 00:20:24,740
Yes, but... But what, doctor? What were
you waiting for? This is badgering. How
326
00:20:24,740 --> 00:20:27,800
badly would Peter Rosen have had to hurt
your patient before you would have done
327
00:20:27,800 --> 00:20:30,980
something to help her? What, a broken
neck? Fractured skull? Your Honor! How
328
00:20:30,980 --> 00:20:33,760
much does it take before you decide to
get involved, doctor?
329
00:20:46,600 --> 00:20:49,260
So there I am with the love of my
college life.
330
00:20:49,890 --> 00:20:53,750
crazy about this girl, right? And we go
to this very fancy restaurant, which I
331
00:20:53,750 --> 00:20:54,629
can't afford.
332
00:20:54,630 --> 00:20:58,250
Now, this place is very romantic, and
it's got candles on the table and
333
00:20:58,250 --> 00:21:00,790
everything, and it's got these huge
menus. So I'm reading the menu, and I
334
00:21:00,790 --> 00:21:03,630
realize that the menu is perched right
over the candle. Oh, no, you didn't. Oh,
335
00:21:03,690 --> 00:21:07,310
I did. So all of a sudden, I hear this
scream, and I look up, and my menu is
336
00:21:07,310 --> 00:21:08,510
burning. You know, it's like in flames.
337
00:21:08,770 --> 00:21:11,670
The maitre d' is running around the
waiter, comes over the table, grabs the
338
00:21:11,670 --> 00:21:15,330
water, and he throws it, not on the
flames, not on the menu, right on my
339
00:21:15,330 --> 00:21:16,330
girlfriend. No!
340
00:21:17,410 --> 00:21:18,410
I'll see you.
341
00:21:18,720 --> 00:21:21,380
She dried out eventually, but the
relationship was never the same.
342
00:21:24,340 --> 00:21:26,880
Thanks for dinner, Stuart. I had a
wonderful time.
343
00:21:27,360 --> 00:21:31,000
Thanks for your help. I couldn't have
done it without you. Yes, you could. No,
344
00:21:31,000 --> 00:21:32,740
couldn't. You're one hell of a support
staff.
345
00:21:33,800 --> 00:21:36,000
And you are one hell of a lawyer.
346
00:21:39,700 --> 00:21:41,620
Stuart, we can't do this.
347
00:21:42,680 --> 00:21:43,680
We can?
348
00:21:44,000 --> 00:21:45,000
No.
349
00:21:45,760 --> 00:21:47,620
Yeah, right. We can't. I'm sorry.
350
00:21:49,800 --> 00:21:51,100
I acted just like Arnie Becker, didn't
I?
351
00:21:51,480 --> 00:21:53,480
You could never be like Arnie Becker.
352
00:21:53,840 --> 00:21:55,260
You're a decent, mature man.
353
00:21:56,940 --> 00:22:00,480
And if you weren't married, maybe things
would be different. But you are, and I
354
00:22:00,480 --> 00:22:02,760
work for you. And I don't want that to
change.
355
00:22:03,480 --> 00:22:04,480
Neither do I.
356
00:22:05,140 --> 00:22:06,740
Look, this was all my fault.
357
00:22:07,000 --> 00:22:08,400
You don't have to worry about your job.
358
00:22:08,660 --> 00:22:09,660
I'm not.
359
00:22:11,380 --> 00:22:12,500
I'd better get back to it, huh?
360
00:22:13,240 --> 00:22:16,180
Yeah, I just have to print out the final
draft. I'll clean up tomorrow.
361
00:22:16,500 --> 00:22:17,500
No rush, no rush.
362
00:22:17,910 --> 00:22:19,610
So, did you ever go back to the Chez
Pierre?
363
00:22:19,970 --> 00:22:23,030
Oh, yeah. Yeah, one time years later,
there was a laundromat, and the
364
00:22:23,030 --> 00:22:25,070
burned down, but I had nothing to do
with it. I didn't.
365
00:22:35,530 --> 00:22:36,530
Let's go home and do it.
366
00:23:03,679 --> 00:23:09,340
So, in your opinion, Dr. Cahill, the
defendant should have intervened. Of
367
00:23:09,340 --> 00:23:13,240
course, simply treating a patient's
injuries is not enough. If a doctor is
368
00:23:13,240 --> 00:23:17,880
of the underlying disease of abuse, he
has to do everything he can to cure it.
369
00:23:17,980 --> 00:23:21,400
Even if a patient like Barbara Rosen
denies that the abuse is occurring?
370
00:23:21,720 --> 00:23:25,620
Especially then. Denial by the victim is
a symptom. It's part of being
371
00:23:25,620 --> 00:23:30,060
terrorized by the batterer. The only
cure for it is to bring the truth out in
372
00:23:30,060 --> 00:23:30,619
the open.
373
00:23:30,620 --> 00:23:32,180
You know, Doctor, this is...
374
00:23:33,290 --> 00:23:37,170
It's a husband and wife thing, right? I
mean, if she chooses not to... According
375
00:23:37,170 --> 00:23:43,110
to the FBI, 34 % of all female homicide
victims over the age of 15 have been
376
00:23:43,110 --> 00:23:45,330
murdered by their husbands or by an
intimate partner.
377
00:23:45,830 --> 00:23:50,250
This man didn't need to rely on
statistics. He knew the husband was the
378
00:23:50,690 --> 00:23:53,790
His continued silence was gross
malpractice.
379
00:23:54,010 --> 00:23:55,190
Those are strong words, Doctor.
380
00:23:55,390 --> 00:23:57,250
Sometimes strong words can save a life.
381
00:23:57,710 --> 00:23:59,030
Objection. Sustained.
382
00:23:59,410 --> 00:24:00,710
I have nothing further.
383
00:24:02,090 --> 00:24:05,950
You're asking my client to play social
worker. I'm asking that he take care of
384
00:24:05,950 --> 00:24:09,670
his patient. She was suffering from a
disease called domestic violence and he
385
00:24:09,670 --> 00:24:12,270
failed to treat it. So we should abolish
doctor -patient privilege.
386
00:24:12,590 --> 00:24:16,510
These cases are unique. You're
advocating right now the abolition of
387
00:24:16,510 --> 00:24:17,790
-patient privilege, yes or no?
388
00:24:18,030 --> 00:24:20,090
Yes. And this should be at the doctor's
discretion.
389
00:24:20,290 --> 00:24:25,370
At his whim, he should be able to
disregard the confidentiality of a
390
00:24:25,570 --> 00:24:27,530
It's better than letting her be beaten
to death.
391
00:24:30,320 --> 00:24:33,020
Have you ever reported the abuse of a
patient, doctor?
392
00:24:33,240 --> 00:24:34,199
Yes, twice.
393
00:24:34,200 --> 00:24:35,260
Did the police do anything?
394
00:24:35,500 --> 00:24:38,540
No, but that doesn't mean... Yes, and
it's very possible that nothing would
395
00:24:38,540 --> 00:24:43,380
happened in Barbara Rosen's case had my
client reported this, isn't it? He still
396
00:24:43,380 --> 00:24:44,379
should have tried.
397
00:24:44,380 --> 00:24:46,280
He should have betrayed his patients.
398
00:24:46,990 --> 00:24:50,650
Trust? Mrs. Rosen needed help. She was
in a state of emotional paralysis.
399
00:24:50,670 --> 00:24:51,690
Emotional paralysis.
400
00:24:51,990 --> 00:24:54,610
That's a psychiatric opinion, doctor.
Are you a psychiatrist?
401
00:24:54,970 --> 00:24:58,510
No, I'm not. Neither is Dr. Harbaugh.
Are you suggesting... I'm saying he
402
00:24:58,510 --> 00:24:59,590
have used common sense.
403
00:24:59,850 --> 00:25:04,690
And once again, by common sense, you
mean that the doctor should have
404
00:25:04,690 --> 00:25:09,210
the clear, expressed intent of one of
his competent adult patients.
405
00:25:09,450 --> 00:25:11,050
True or false?
406
00:25:12,270 --> 00:25:13,850
True, but life... Thanks, doctor.
407
00:25:14,070 --> 00:25:15,070
I got it.
408
00:25:16,170 --> 00:25:17,170
Nothing further.
409
00:25:28,610 --> 00:25:30,050
Leland just told me about Totten.
410
00:25:30,410 --> 00:25:31,870
Congratulations. Thanks.
411
00:25:34,110 --> 00:25:35,110
What's wrong?
412
00:25:35,790 --> 00:25:37,050
You go out with the guys much?
413
00:25:38,470 --> 00:25:39,770
I don't know. Sometimes.
414
00:25:40,230 --> 00:25:42,630
I mean, you have a lot of friends?
415
00:25:44,210 --> 00:25:45,210
Well...
416
00:25:45,420 --> 00:25:47,320
A few close ones, I guess.
417
00:25:47,540 --> 00:25:48,540
I don't.
418
00:25:49,820 --> 00:25:52,360
I have my work, and I have Anne, and I
have Matthew.
419
00:25:54,120 --> 00:25:55,120
And that's it.
420
00:25:56,320 --> 00:25:57,980
What the hell are you talking about,
Stuart?
421
00:25:59,020 --> 00:26:00,200
I kissed another woman.
422
00:26:03,060 --> 00:26:04,500
I wanted to do it, and I did it.
423
00:26:05,180 --> 00:26:06,740
And she didn't kiss me. I kissed her.
424
00:26:08,680 --> 00:26:10,100
I don't know who I am anymore, Mike.
425
00:26:11,580 --> 00:26:13,020
I'm not a good husband.
426
00:26:14,220 --> 00:26:15,420
And I don't feel like a good lawyer.
427
00:26:15,900 --> 00:26:19,020
You're a great lawyer, Stuart. Hell, you
just beat the IRS.
428
00:26:19,920 --> 00:26:22,660
You have a wife and a son who love you.
429
00:26:29,100 --> 00:26:30,640
So you had a heart attack.
430
00:26:31,560 --> 00:26:32,560
You're human.
431
00:26:35,220 --> 00:26:37,100
I have no sense of myself anymore, Mike.
432
00:26:38,060 --> 00:26:41,600
I... Nothing feels like...
433
00:26:44,500 --> 00:26:45,760
Like me, you know.
434
00:26:46,960 --> 00:26:48,360
Do you talk to Ann about it?
435
00:26:49,000 --> 00:26:50,460
We try to talk, but we don't.
436
00:26:50,940 --> 00:26:52,280
We can't even argue anymore.
437
00:26:53,460 --> 00:26:56,660
I wasn't running to another woman. I was
running away from Ann.
438
00:26:57,520 --> 00:26:58,520
You still love her?
439
00:27:00,260 --> 00:27:01,980
I do.
440
00:27:03,740 --> 00:27:04,740
Then try again.
441
00:27:07,040 --> 00:27:08,040
I don't think I can.
442
00:27:15,900 --> 00:27:16,900
Yes?
443
00:27:17,200 --> 00:27:19,560
Uh, hello, Douglas. It's your good
friend Arnie here.
444
00:27:20,400 --> 00:27:22,480
What are you doing at my secretary's
station?
445
00:27:22,840 --> 00:27:26,080
Oh, well, I just happened to be nearby
when I saw a Miss Vanna White
446
00:27:26,080 --> 00:27:27,080
approaching.
447
00:27:27,440 --> 00:27:28,980
She doesn't have an appointment.
448
00:27:29,240 --> 00:27:30,280
Shall I send her away?
449
00:27:30,480 --> 00:27:33,760
Very funny. Why don't the two of you go
off and have a vow movement together?
450
00:27:35,840 --> 00:27:38,060
Now, that's a pretty nasty thing to say,
don't you think?
451
00:27:38,300 --> 00:27:41,500
You told me that she lost yesterday.
Looks to me like you won pretty big.
452
00:27:42,380 --> 00:27:43,800
Could I have a minute with him alone?
453
00:27:44,200 --> 00:27:48,240
Oh, sure, and I'll tell you what, if the
cat doesn't give him back his tongue,
454
00:27:48,720 --> 00:27:50,660
my office is just two doors down.
455
00:27:51,020 --> 00:27:52,020
Great.
456
00:27:56,440 --> 00:27:57,660
Why are you here?
457
00:27:57,960 --> 00:28:02,180
I'm sorry, but I just thought that since
you're off the show now, it wouldn't be
458
00:28:02,180 --> 00:28:03,580
illegal for you and me to be friends.
459
00:28:04,620 --> 00:28:08,460
Now I know it's a joke. All right,
Arnie, you can come in.
460
00:28:08,980 --> 00:28:11,120
It's no joke. You seem very nice.
461
00:28:11,600 --> 00:28:15,260
And when I told you about the FCC
regulations, you seemed to receive it as
462
00:28:15,260 --> 00:28:16,340
polite form of rejection.
463
00:28:17,320 --> 00:28:19,360
And I wanted you to know that wasn't the
case.
464
00:28:20,060 --> 00:28:23,440
Would you... Would you like to have a
date?
465
00:28:24,200 --> 00:28:26,260
Well, how about a simple lunch?
466
00:28:26,820 --> 00:28:31,520
No cash prizes, no assortment of
sumptuous gifts, just a hamburger by the
467
00:28:31,840 --> 00:28:33,780
I'd love it. Tomorrow, one o 'clock?
468
00:28:33,980 --> 00:28:36,220
Perfect. We'll talk in the morning and
make a plan.
469
00:28:36,720 --> 00:28:37,720
See ya.
470
00:28:39,160 --> 00:28:40,160
Bye.
471
00:28:42,540 --> 00:28:44,160
Get snide if you want, counsel.
472
00:28:44,500 --> 00:28:47,320
But secondary smoke does not cause lung
cancer.
473
00:28:47,600 --> 00:28:51,520
You are aware that the United States
Surgeon General's office says that it
474
00:28:51,940 --> 00:28:52,659
They're wrong.
475
00:28:52,660 --> 00:28:58,540
And would the New England Journal of
Medicine also be wrong when it says that
476
00:28:58,540 --> 00:29:03,760
secondhand smoke causes almost 7 ,000
deaths annually in this country alone?
477
00:29:04,060 --> 00:29:06,080
We don't agree with their data. But you
are aware.
478
00:29:06,490 --> 00:29:10,830
of their data, aren't you, Mr. McGeary?
Yes, we are. And are you also aware of
479
00:29:10,830 --> 00:29:15,170
the recent medical reports which say
that the risk of lung cancer is nearly
480
00:29:15,170 --> 00:29:19,250
double for all people exposed to
secondhand smoke during early childhood?
481
00:29:19,550 --> 00:29:20,810
It has been brought to our attention.
482
00:29:21,150 --> 00:29:25,250
Well, with all this information in your
possession, are you doing anything to
483
00:29:25,250 --> 00:29:26,470
warn the nonsmoker?
484
00:29:26,730 --> 00:29:29,990
We have put warnings on all of our
packaging. Which warn the smoker?
485
00:29:30,270 --> 00:29:34,530
What are you doing to warn the nonsmoker
that they're at risk, too?
486
00:29:35,120 --> 00:29:38,360
The law does not compel us to do so.
What about human safety?
487
00:29:38,860 --> 00:29:40,220
You don't find that compelling?
488
00:29:40,500 --> 00:29:44,400
I need a moment. No, I'm not going off
the record. Please make note for the
489
00:29:44,400 --> 00:29:48,080
record that attorneys Flaherty and
Stadler are whispering in the respective
490
00:29:48,080 --> 00:29:52,920
of the witness. Please further note my
amazement at the witness's ability to
491
00:29:52,920 --> 00:29:56,340
listen to two people simultaneously. I
object to that. That was Mr.
492
00:29:56,580 --> 00:29:58,460
Stadler. Mr. Flaherty is still
whispering.
493
00:29:58,720 --> 00:30:02,460
Even if we are aware of the alleged
dangers of secondhand smoke...
494
00:30:02,910 --> 00:30:05,950
We had no reason to be aware of those
dangers at the time that Mr.
495
00:30:06,150 --> 00:30:10,450
Shepard was exposed to his parents
smoking. What a lovely answer.
496
00:30:11,030 --> 00:30:12,030
Was that Mr.
497
00:30:12,150 --> 00:30:13,150
Flaherty's or Mr.
498
00:30:13,310 --> 00:30:14,410
Stadler's? This is abusive.
499
00:30:14,750 --> 00:30:15,910
I am sorry, Mr.
500
00:30:16,170 --> 00:30:20,150
McGeary, but your company certainly knew
about the dangers of cigarette smoking
501
00:30:20,150 --> 00:30:22,850
30 years ago, didn't it? Prime air
smoke, yes.
502
00:30:23,050 --> 00:30:26,330
Well, did you do any testing on the
dangers of secondhand smoke?
503
00:30:26,910 --> 00:30:31,990
I don't believe we did. So maybe the
reason that you didn't know about the
504
00:30:31,990 --> 00:30:34,890
was that you never did any tests, right?
505
00:30:35,350 --> 00:30:38,650
Any particular ear you want that answer
whispered into?
506
00:30:38,890 --> 00:30:42,730
We can't test for everything, for God's
sake. Well, you test for taste, and you
507
00:30:42,730 --> 00:30:47,250
test for the color of the packaging, and
you test the commercials to see which
508
00:30:47,250 --> 00:30:51,590
are most effective, but you can't test
to see who your smoke kills.
509
00:30:51,970 --> 00:30:53,750
None of the others did. Why should we?
510
00:30:53,970 --> 00:30:55,110
Why should we?
511
00:30:55,760 --> 00:30:59,340
I'm going to recommend we terminate this
deposition. This deposition is over.
512
00:30:59,400 --> 00:31:00,400
Michael?
513
00:31:01,740 --> 00:31:03,920
It's a very silly thing to say.
514
00:31:15,080 --> 00:31:17,540
I'd like you to know something.
515
00:31:17,840 --> 00:31:21,140
Nothing ever happened between Stuart and
me. We have a professional
516
00:31:21,140 --> 00:31:22,480
relationship, and that's all.
517
00:31:23,720 --> 00:31:25,020
Do you feel better now?
518
00:31:35,220 --> 00:31:36,260
Last call?
519
00:31:36,820 --> 00:31:40,580
Oh, no, thank you. I'd like to get some
sleep before next week.
520
00:31:41,940 --> 00:31:42,940
You're right.
521
00:31:43,800 --> 00:31:45,520
You know, I think there's stuff growing
in here.
522
00:31:46,620 --> 00:31:47,620
Probably.
523
00:31:52,060 --> 00:31:53,480
There's something on your mind?
524
00:31:53,920 --> 00:31:55,220
Harbaugh made a settlement offer.
525
00:31:55,420 --> 00:31:56,420
Twenty -five thousand.
526
00:31:57,180 --> 00:31:58,180
You gonna take it?
527
00:31:58,400 --> 00:31:59,640
No, the client won't go for it.
528
00:32:00,740 --> 00:32:05,980
I... I keep telling her, uh, twenty
-five something.
529
00:32:07,060 --> 00:32:12,080
Yeah. Then I keep thinking to myself, if
we settle this thing quietly, what
530
00:32:12,080 --> 00:32:13,780
about all those other defenseless women?
531
00:32:14,760 --> 00:32:15,760
Who's gonna help them?
532
00:32:16,780 --> 00:32:19,780
It doesn't just happen to defenseless
women, Victor.
533
00:32:20,840 --> 00:32:22,300
It can't happen to anybody.
534
00:32:24,550 --> 00:32:25,550
You?
535
00:32:26,830 --> 00:32:30,510
In my second year of law school, I was
seeing a professor.
536
00:32:32,130 --> 00:32:37,210
I was too young to realize that he got
off on controlling women.
537
00:32:38,570 --> 00:32:41,590
When I started to resist, he hit me.
538
00:32:42,090 --> 00:32:46,030
And then he would tell me how stupid I
was and that I would never be able to
539
00:32:46,030 --> 00:32:48,750
practice law and that I was completely
worthless.
540
00:32:50,670 --> 00:32:52,330
For a while, I believed him.
541
00:32:53,800 --> 00:32:54,800
Finally, I left.
542
00:32:55,780 --> 00:32:59,140
But I will never forget the way he made
me feel.
543
00:33:00,680 --> 00:33:01,680
Did you tell anybody?
544
00:33:02,040 --> 00:33:03,040
No.
545
00:33:03,900 --> 00:33:07,000
I was afraid of what it said about me.
546
00:33:08,280 --> 00:33:11,020
Of the look I am getting from you right
now.
547
00:33:11,960 --> 00:33:12,960
Grace,
548
00:33:14,660 --> 00:33:17,800
it doesn't say anything about you. He
was the sick one, not you.
549
00:33:18,040 --> 00:33:20,480
But it does change the way you think
about me.
550
00:33:21,840 --> 00:33:22,840
Doesn't it?
551
00:33:23,310 --> 00:33:26,710
You didn't before, but now you see me as
a victim.
552
00:33:28,030 --> 00:33:29,030
Just a little.
553
00:33:38,030 --> 00:33:41,850
Domestic violence is the single most
common cause of injury to women in this
554
00:33:41,850 --> 00:33:45,810
country today. More common than car
accidents, muggings, and rape combined.
555
00:33:46,800 --> 00:33:51,980
As many as 35 % of women who visit
emergency rooms are treated for ongoing
556
00:33:51,980 --> 00:33:53,200
physical abuse.
557
00:33:53,600 --> 00:33:57,760
One -third of all pregnant women are
physically abused.
558
00:33:58,440 --> 00:34:04,180
Regardless of race, educational
background, class, in America, every 18
559
00:34:04,180 --> 00:34:05,440
a woman is battered.
560
00:34:05,860 --> 00:34:09,960
And every year, 1 ,500 women are
battered to death.
561
00:34:10,500 --> 00:34:13,560
Well, look around you, ladies and
gentlemen. Really.
562
00:34:14,670 --> 00:34:17,850
Because chances are that the woman
sitting next to you or the one sitting
563
00:34:17,850 --> 00:34:21,270
to her has at some time in their lives
been physically abused.
564
00:34:21,929 --> 00:34:23,290
But you would never know it.
565
00:34:25,929 --> 00:34:32,889
Partly because the police and doctors
like Dr. Harbaugh don't
566
00:34:32,889 --> 00:34:33,889
really want to get involved.
567
00:34:34,070 --> 00:34:35,690
They stay silent.
568
00:34:36,010 --> 00:34:40,530
And they make it possible for battered
women to continue to be abused and
569
00:34:40,530 --> 00:34:41,530
sometimes murdered.
570
00:34:41,929 --> 00:34:43,810
Now his lawyer talks about...
571
00:34:44,139 --> 00:34:46,560
respecting the wishes of his patient.
572
00:34:48,100 --> 00:34:53,659
This doctor knew his patient was
incapable of helping herself. Here he
573
00:34:53,659 --> 00:34:58,840
it. He also ignored his duty under
California law that requires him to
574
00:34:58,840 --> 00:35:02,820
physical violence. He disregarded his
patient, he disregarded the law, and as
575
00:35:02,820 --> 00:35:04,860
result, Barbara Rosen is dead.
576
00:35:07,960 --> 00:35:10,160
All that is necessary...
577
00:35:10,860 --> 00:35:14,140
For evil to triumph is that good men do
nothing.
578
00:35:15,200 --> 00:35:19,260
Stephen Harbaugh did nothing, ladies and
gentlemen. Right now, he's hoping
579
00:35:19,260 --> 00:35:20,260
you'll do the same.
580
00:35:20,620 --> 00:35:21,620
Thank you.
581
00:35:27,020 --> 00:35:31,420
If we start forcing doctors to be
whistleblowers, you know what happens?
582
00:35:32,360 --> 00:35:37,980
You eliminate doctor -patient privilege
and battered wives and any other people
583
00:35:37,980 --> 00:35:40,140
that have secrets that they don't want
to be discovered.
584
00:35:40,730 --> 00:35:44,530
will stay away from doctors. People who
need medical attention won't get it
585
00:35:44,530 --> 00:35:47,170
because they'll be too afraid to come
forward.
586
00:35:47,710 --> 00:35:53,170
Suddenly, going to your doctor will
become tantamount to going to the
587
00:35:54,050 --> 00:35:55,050
My God.
588
00:35:56,510 --> 00:35:59,090
Wouldn't George Orwell be happy about
that?
589
00:35:59,510 --> 00:36:03,930
Competent adults suddenly robbed of
their right to privacy. You and I
590
00:36:03,930 --> 00:36:08,430
forced to forfeit confidentiality with
our own physicians.
591
00:36:10,670 --> 00:36:15,410
You cannot want that. Of course,
battering is a horrible crime.
592
00:36:15,650 --> 00:36:20,010
And there's nobody here that shouldn't
grieve for Barbara Rothen. Stephen
593
00:36:20,010 --> 00:36:25,790
Harbaugh grieves for her. He recommended
that she seek psychiatric treatment. He
594
00:36:25,790 --> 00:36:30,590
pleaded with her to leave her husband.
He did everything he could, except
595
00:36:30,590 --> 00:36:35,470
abandon the trust that Barbara Rothen
had placed with him.
596
00:36:36,030 --> 00:36:38,610
Stephen Harbaugh is not responsible.
597
00:36:39,470 --> 00:36:40,790
For Barbara Rosen's death.
598
00:36:41,650 --> 00:36:42,710
And you know that.
599
00:36:46,590 --> 00:36:53,310
All right, 600 ,000 sealed. You don't
even
600
00:36:53,310 --> 00:36:56,790
whisper it to each other. I told you a
million five. Would you think I was
601
00:36:56,790 --> 00:36:58,750
kidding? No, just insane.
602
00:36:59,010 --> 00:37:04,710
Michael? The man never smoked a
cigarette in his life. He is dying of
603
00:37:04,710 --> 00:37:06,510
cancer. Still difficult to prove in
court.
604
00:37:06,800 --> 00:37:10,560
Getting less difficult with every new
study that comes out. Okay, let's stop
605
00:37:10,560 --> 00:37:13,560
this silly nonsense, shall we? You
cannot risk this case.
606
00:37:13,800 --> 00:37:18,540
There is no contributory negligence
defense against a non -smoker. No
607
00:37:18,540 --> 00:37:19,379
of risk.
608
00:37:19,380 --> 00:37:23,440
Not to mention the fact that my mother
died from your little cancer stick
609
00:37:23,440 --> 00:37:27,260
corporate piece of filth, and I'll make
it my life mission to get even. I won't
610
00:37:27,260 --> 00:37:29,640
stay for this. This cowboy tactic won't
fly.
611
00:37:29,980 --> 00:37:33,940
Oh, they will fly with the jury, Mr.
Flaherty. And you know why? Because I'm
612
00:37:33,940 --> 00:37:36,950
going to point at a man who's dying of
cancer who... whose lungs are corroded
613
00:37:36,950 --> 00:37:40,410
away, a man who will be dead within a
year, and then I'm going to point at
614
00:37:40,570 --> 00:37:45,110
CEO of the company that gave him cancer,
a company that knew that smoke was
615
00:37:45,110 --> 00:37:49,230
poison, and by your own admission in the
deposition yesterday, a company that
616
00:37:49,230 --> 00:37:52,970
didn't even bother to check the dangers
of secondhand smoke. And why?
617
00:37:53,570 --> 00:37:58,890
Because instead of netting $62 million a
year in profit, you wanted to net 63.
618
00:38:00,710 --> 00:38:01,710
No.
619
00:38:02,280 --> 00:38:05,520
I don't think you'll want to sit
yourself in front of a jury, Mr.
620
00:38:05,740 --> 00:38:07,520
McGeary. I really don't.
621
00:38:08,420 --> 00:38:09,399
One -five.
622
00:38:09,400 --> 00:38:10,400
Totally sealed.
623
00:38:10,480 --> 00:38:11,960
No admission of liability.
624
00:38:12,320 --> 00:38:16,220
We draft a settlement to say whatever we
want. Check by end of business today.
625
00:38:16,760 --> 00:38:17,760
Let's go.
626
00:38:25,340 --> 00:38:27,480
Mother of Mary and Joseph.
627
00:38:29,120 --> 00:38:30,120
Hi.
628
00:38:31,820 --> 00:38:32,820
Got some time?
629
00:38:33,040 --> 00:38:35,860
Actually, I don't. I let everything
slide during Totten.
630
00:38:37,480 --> 00:38:38,800
Maybe I should make an appointment.
631
00:38:40,140 --> 00:38:41,140
Come on, Anne.
632
00:38:42,480 --> 00:38:45,520
Stuart, every time I walk into a room,
you walk out of it.
633
00:38:47,000 --> 00:38:49,800
You're always asleep when I come to bed,
or pretending to be.
634
00:38:50,620 --> 00:38:54,420
We haven't had a meal together in two
weeks. It's like you can't stand the
635
00:38:54,420 --> 00:38:55,420
of me.
636
00:38:56,560 --> 00:38:57,560
I'm sorry.
637
00:38:58,140 --> 00:38:59,140
What's going on?
638
00:39:02,670 --> 00:39:03,670
I have to leave for a while.
639
00:39:05,910 --> 00:39:06,910
Leave?
640
00:39:07,450 --> 00:39:08,450
I have to move out.
641
00:39:11,510 --> 00:39:17,050
I know we have some problems, dear, but
we can work them out. Isn't sex, Anne? I
642
00:39:17,050 --> 00:39:18,050
wish it was.
643
00:39:18,770 --> 00:39:19,790
That we could talk about.
644
00:39:21,230 --> 00:39:25,070
Is it Gwen? Are you having an affair
with her? No, anything like that. Then I
645
00:39:25,070 --> 00:39:26,070
don't understand.
646
00:39:26,630 --> 00:39:27,630
It's everything, Anne.
647
00:39:28,350 --> 00:39:29,770
You're watching me all the time.
648
00:39:30,450 --> 00:39:31,690
I can't...
649
00:39:32,010 --> 00:39:35,610
Work too long, I can't eat anything I
like. I can't make love to you.
650
00:39:36,210 --> 00:39:37,470
It's like I'm already dead.
651
00:39:38,110 --> 00:39:39,170
I love you, Stuart.
652
00:39:40,530 --> 00:39:43,290
I don't mean to make you feel that way.
I won't do it anymore.
653
00:39:43,830 --> 00:39:45,990
I love you, too. It isn't about that.
654
00:39:47,270 --> 00:39:49,230
Well, then what is it about?
655
00:39:49,710 --> 00:39:54,250
I don't know. I don't think I can get
myself back if I'm with you.
656
00:39:59,290 --> 00:40:00,290
Fifteen years?
657
00:40:00,590 --> 00:40:03,410
I think this is the first leisurely
lunch I've ever had.
658
00:40:03,650 --> 00:40:06,790
Then I guess I should feel flattered.
I'm the flattered one, believe me.
659
00:40:07,130 --> 00:40:12,410
I keep thinking to myself, a woman as,
well, desirable as you?
660
00:40:12,710 --> 00:40:17,590
Why me? I mean, I know this is just a
simple lunch, but why me?
661
00:40:17,890 --> 00:40:21,770
Truth is, what you said the other day is
totally true. I don't have many
662
00:40:21,770 --> 00:40:24,790
opportunities to meet corporate bores
outside the industry.
663
00:40:25,150 --> 00:40:29,250
Uh -huh. I also thought, as boring
corporate types go, you're kind of
664
00:40:29,250 --> 00:40:32,520
interesting. You didn't mind getting hit
on like that?
665
00:40:32,760 --> 00:40:33,760
It's repulsive.
666
00:40:33,880 --> 00:40:37,340
But you were so inept at it, I knew it
wasn't something you did very often.
667
00:40:38,200 --> 00:40:40,060
You certainly are honest, I'll say that.
668
00:40:40,460 --> 00:40:42,740
Listen, I've had a great time.
669
00:40:43,640 --> 00:40:44,720
I'd like to do it again.
670
00:40:44,980 --> 00:40:45,980
You would?
671
00:40:46,280 --> 00:40:47,280
I would.
672
00:40:47,640 --> 00:40:48,640
I'll call you.
673
00:40:48,680 --> 00:40:49,780
I'll look forward to that.
674
00:41:03,370 --> 00:41:05,670
Mr. Foreman, has the jury reached its
verdict?
675
00:41:07,170 --> 00:41:08,530
No, Your Honor, we haven't.
676
00:41:09,050 --> 00:41:11,270
I beg your pardon? We're hung. We can't
agree.
677
00:41:11,530 --> 00:41:13,850
Well, let's get back in there and
deliberate until you do agree.
678
00:41:14,090 --> 00:41:18,190
Your Honor, the vote is fix to fix, and
there's no inclination by anybody to
679
00:41:18,190 --> 00:41:20,830
change their minds here. We've already
had a near fistfight.
680
00:41:21,350 --> 00:41:26,490
While I know you don't know me from
Adam, trust me when I tell you that this
681
00:41:26,490 --> 00:41:28,010
jury's never going to reach a verdict.
682
00:41:31,020 --> 00:41:34,740
This proceeding is declared a mistrial.
Members of the jury, thank you for your
683
00:41:34,740 --> 00:41:39,760
efforts. Parties can refile for a second
trial, but I seriously suggest that you
684
00:41:39,760 --> 00:41:40,459
get together.
685
00:41:40,460 --> 00:41:41,460
We're adjourned.
686
00:41:48,840 --> 00:41:49,840
Okay.
687
00:41:55,820 --> 00:41:57,240
We'll go to 50 ,000.
688
00:41:57,740 --> 00:41:58,538
No admission.
689
00:41:58,540 --> 00:42:00,620
$50 ,000 for my sister's life.
690
00:42:00,880 --> 00:42:01,880
That's an insult.
691
00:42:02,440 --> 00:42:04,580
You're looking at another trial, Mrs.
Klein.
692
00:42:04,920 --> 00:42:08,640
Your chances of winning aren't good, and
it's going to cost you a lot of money.
693
00:42:08,820 --> 00:42:09,820
I don't care.
694
00:42:10,060 --> 00:42:11,160
We'll take it under consideration.
695
00:42:11,560 --> 00:42:13,180
Victor. We should discuss it.
696
00:42:14,040 --> 00:42:15,040
You know my number.
697
00:42:17,700 --> 00:42:19,620
Ellen, I want you to know how sorry I
am.
698
00:42:20,340 --> 00:42:23,560
Barbara wasn't just my patient. She was
my friend for ten years.
699
00:42:23,920 --> 00:42:25,360
Then why didn't you help her, Stephen?
700
00:42:36,590 --> 00:42:37,590
I think we should settle.
701
00:42:38,110 --> 00:42:39,710
Keep quiet and walk away.
702
00:42:39,970 --> 00:42:44,310
The jury won't ever agree on this,
Ellen. The law just doesn't provide for
703
00:42:44,310 --> 00:42:48,310
battered women. And until it does, we
just can't nail guys like Harbaugh.
704
00:42:48,550 --> 00:42:50,730
It's not the law. It's the lawyers.
705
00:42:51,150 --> 00:42:55,210
If he goes to the police, the lawyers
scream libel. If he tells anybody else,
706
00:42:55,230 --> 00:42:57,470
the lawyers scream breach of
confidentiality.
707
00:42:57,980 --> 00:43:00,900
If he tries to counsel her, the lawyers
scream negligence because he's
708
00:43:00,900 --> 00:43:02,700
practicing psychiatry without a license.
709
00:43:02,960 --> 00:43:07,340
And then, when the lawyers got him so
scared that he just closes his eyes and
710
00:43:07,340 --> 00:43:12,420
lets an innocent person get killed,
along comes another lawyer to say that
711
00:43:12,420 --> 00:43:13,420
was right.
712
00:43:14,780 --> 00:43:15,780
Ellen.
713
00:43:23,020 --> 00:43:26,760
I'll take the settlement, Victor, but I
won't shut up.
714
00:43:27,230 --> 00:43:28,790
I owe Barbara that much.
715
00:43:33,490 --> 00:43:37,810
Should have seen David's face. A million
bucks, he lit up like the sun.
716
00:43:38,650 --> 00:43:40,670
Okay, this one's payable to you.
717
00:43:41,070 --> 00:43:42,890
This one goes to the firm.
718
00:43:43,450 --> 00:43:46,310
$83 ,000 each. It's a pretty good
ending.
719
00:43:47,050 --> 00:43:48,290
What if it's not an ending?
720
00:43:48,800 --> 00:43:49,578
Beg pardon?
721
00:43:49,580 --> 00:43:52,180
Tommy, you just made over $300 ,000.
722
00:43:52,440 --> 00:43:57,100
Certainly enough to put your life back
on track. But I bet between taxes, IOUs,
723
00:43:57,100 --> 00:44:00,960
and Lord knows what other debts you've
piled up, you'd be lucky to net half.
724
00:44:01,400 --> 00:44:05,520
Are we anywhere near a point here? My
point is that you are one of the best
725
00:44:05,520 --> 00:44:08,700
trial lawyers I have ever seen. You are
also one of the biggest wastes of
726
00:44:08,700 --> 00:44:09,700
talent.
727
00:44:09,840 --> 00:44:13,480
I have just spent the last half hour
convincing Leland McKenzie that you
728
00:44:13,480 --> 00:44:14,480
help this place.
729
00:44:15,420 --> 00:44:16,740
You've got to be kidding.
730
00:44:17,040 --> 00:44:18,040
I am not kidding.
731
00:44:18,800 --> 00:44:22,640
If you let me rescue you from yourself,
as well as your administrative
732
00:44:22,640 --> 00:44:27,140
ineptness, you could spend all your time
doing what you do best, trying cases.
733
00:44:27,300 --> 00:44:28,600
You could actually make a living.
734
00:44:29,000 --> 00:44:32,880
Yeah, but I'm not the law firm type.
Structure makes me puke. Give it a
735
00:44:33,160 --> 00:44:34,780
What in God's name have you got to lose?
736
00:44:35,420 --> 00:44:36,780
Well, what would I be in for?
737
00:44:37,060 --> 00:44:41,140
Well, I do like these silly staff
meetings, so you'd have to be in early.
738
00:44:41,340 --> 00:44:42,138
Every day?
739
00:44:42,140 --> 00:44:42,859
Every day.
740
00:44:42,860 --> 00:44:46,800
But apart from that, you won't be too
pinched, and you could personally see to
741
00:44:46,800 --> 00:44:49,330
it... That this place doesn't change me.
742
00:44:51,450 --> 00:44:52,530
What the hell?
743
00:44:56,690 --> 00:44:57,690
Hi.
744
00:44:58,050 --> 00:44:59,050
Hi.
745
00:45:09,470 --> 00:45:10,790
Anything I can do?
746
00:45:11,770 --> 00:45:13,370
Stuart's moving out.
747
00:45:13,930 --> 00:45:15,110
He's leaving.
748
00:45:15,330 --> 00:45:16,330
Not for good.
749
00:45:16,670 --> 00:45:18,640
He... Says I'm the problem.
750
00:45:20,280 --> 00:45:24,660
He doesn't know who he is when he's with
me. You love each other.
751
00:45:25,920 --> 00:45:26,920
He'll work it out.
752
00:45:28,140 --> 00:45:30,760
I don't even know if he wants to. Of
course he does.
753
00:45:31,180 --> 00:45:32,180
He never said so.
754
00:45:35,620 --> 00:45:42,540
Stuart used to have this look, like when
he'd see me, like he
755
00:45:42,540 --> 00:45:44,740
couldn't believe he was so happy.
756
00:45:46,160 --> 00:45:47,720
I never see that look anymore.
757
00:45:49,560 --> 00:45:51,460
You two have been through hell, Ann.
758
00:45:53,540 --> 00:45:56,140
But you'll work it out. You've got to
believe that.
759
00:45:57,020 --> 00:45:58,020
I can't.
760
00:46:00,800 --> 00:46:07,640
I've been sitting here trying, but I...
I just... I can't
761
00:46:07,640 --> 00:46:08,860
see him ever coming back.
762
00:46:13,200 --> 00:46:14,200
Hey.
763
00:46:14,600 --> 00:46:15,600
Hey.
764
00:46:17,460 --> 00:46:18,460
It'll be okay.
61411
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