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1
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Previously on L .A. Law.
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I don't think Stuart should litigate the
Hogan case.
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00:00:07,120 --> 00:00:08,140
I'm worried about him, Leland.
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00:00:08,420 --> 00:00:10,680
I think it's too early for him to be
trying cases.
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00:00:11,020 --> 00:00:13,600
You were supposed to support me, not cut
my legs out for money. I want a
6
00:00:13,600 --> 00:00:16,840
husband, Stuart. I want a father for my
child. Then let me be a man! I was
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00:00:16,840 --> 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?
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00:00:23,220 --> 00:00:24,680
I had to look closer in his new house.
11
00:00:24,900 --> 00:00:26,820
Well, it so happens I love Wheel of
Fortune.
12
00:00:27,120 --> 00:00:29,540
You call up, you act upbeat, happy.
13
00:00:30,300 --> 00:00:32,159
They like you, and how could they
possibly not?
14
00:00:32,380 --> 00:00:34,140
They'll get you an audition. Are you
serious?
15
00:00:34,460 --> 00:00:35,460
I love you, Grace.
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00:00:36,600 --> 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.
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Hey, I just heard about you and Jack.
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Congratulations.
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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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You are an amazing man.
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Sorry, tell me.
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I'm sorry.
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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 --> 00:01:16,150
Hey, Dougie, don't... A warning about
the turpentine in the toilet bowl. That
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could have used. I'm so sorry, Doug.
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You want to live at 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.
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The Davis Wheel is spinning your way
with lots of cash and an assortment of
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sumptuous prize money.
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And now, here's your host, Bob Goen.
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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 evil players with
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00:02:04,210 --> 00:02:08,009
us today, so let's get right to it and
introduce our lovely hostess, Miss Vanna
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White.
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Yeah, our three players. First off, our
current champion is Edna Gerth. Edna,
44
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tell us something good here.
45
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Well, I'm doing great. I want to keep
winning.
46
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I love that money.
47
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That sums it up, doesn't it? Okay, in
the middle is Douglas Brackman, an
48
00:02:27,620 --> 00:02:31,600
attorney. Hello, Bob. I have two
wonderful sons. I'm single, and I work
49
00:02:31,600 --> 00:02:32,539
downtown firm.
50
00:02:32,540 --> 00:02:35,040
What did Shakespeare say? Kill all the
downtown lawyers?
51
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That's right, Bob.
52
00:02:36,910 --> 00:02:40,830
Oh, welcome. And down on the end,
Chicago, Illinois, brings us Jeffrey
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00:02:41,010 --> 00:02:43,710
Jeffrey, I know you were a little
nervous before the show, but you look
54
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
55
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then, shall we? Let's take a look at our
first puzzle.
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00:02:49,590 --> 00:02:50,730
Category is a phrase.
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00:02:51,490 --> 00:02:53,450
And Edna, you're going to start. Give it
a spin.
58
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Come on, come on. I want that big one.
59
00:02:58,090 --> 00:02:59,090
Come on.
60
00:03:00,490 --> 00:03:01,490
Hey, 300.
61
00:03:01,590 --> 00:03:02,810
How about a T?
62
00:03:03,130 --> 00:03:05,310
Yeah, good choice. We do have a T for
you.
63
00:03:05,690 --> 00:03:06,690
Spin it again, Bob.
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00:03:06,750 --> 00:03:07,750
Let me pen paper.
65
00:03:11,910 --> 00:03:18,390
150. Okay, how about an L? Yeah, good
choice. We have two Ls. All right, yes.
66
00:03:19,790 --> 00:03:22,670
Oh, baby, baby, come on, 1250.
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Come on, come on, come on.
68
00:03:26,630 --> 00:03:29,270
Slow down, slow down.
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Bad boy, you're on a roll, too. Sorry,
Douglas, over to you.
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12, 15.
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All right.
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00:03:43,240 --> 00:03:44,620
12, 15.
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Nice opening spin.
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00:03:45,980 --> 00:03:46,980
Let me see.
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I want a B. Good choice. Two big Bs over
there.
76
00:03:52,600 --> 00:03:57,280
You have $2 ,500 already. You want to
spin, solve it, buy a vowel? I'm going
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try to solve.
78
00:03:58,400 --> 00:03:59,400
You're kidding.
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Bald is beautiful.
80
00:04:02,740 --> 00:04:03,900
How about that? He's right.
81
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
83
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for another round. How much did you win?
11 ,000 cash, plus the dinette set.
84
00:06:49,320 --> 00:06:51,220
Wow. I thank you for your support.
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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.
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00:07:06,400 --> 00:07:10,440
which has now turned into the Totten
audit, thanks to our ever -vigilant tax
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expert. The IRS swooped down, Douglas.
They just pounced. Nobody could have
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00:07:14,300 --> 00:07:18,320
it coming. Pouncing is what we're here
to prevent, Stuart. It's what the client
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pays us for. Leave him alone, Douglas.
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Steve Totten is a million -dollar
client. We have to fend off this audit.
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I'm on it, Douglas, okay?
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Rosen versus Harbaugh. Yeah, couldn't
settle. Start today.
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This can be won.
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Come on, Victor.
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The doctor could have prevented it. 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.
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Let's not try it here.
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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. If
you've got no case, no way. All right,
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that's enough.
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Do the best you can, Victor. Douglas,
move on. That's it.
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We're adjourned.
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They told me, but I had to see this for
myself.
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Tommy?
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Tommy?
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What, you actually moved into a stinking
suit and tie shop?
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Hey, I tried to phone you, and you're
lying. was disconnected.
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Yeah, I had a few bumps lately, but the
phones are on again.
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Sweetheart, I got a present for you.
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Non -smoker, lung cancer, secondhand
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
men false, he never smoked.
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And he has lung cancer? Could be a big
case, CJ, and it's all yours, but you
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gotta move.
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There are two depots scheduled this
week.
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So why don't you want it? I do, but
tobacco companies hire lots of lawyers.
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Motions, paper from word processing
hell.
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Having trouble keeping up.
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Plus, switch my malpractice insurance
just lapsed.
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Oh, me.
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Yeah, like I said, I hit a few bumps.
Take care of this guy for me, will you?
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00:09:12,610 --> 00:09:13,610
like him.
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00:09:16,390 --> 00:09:19,720
How about we do it together? Co
-counsel? You don't have to do that. I'm
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00:09:19,720 --> 00:09:23,160
thinking of the client. We couldn't
possibly get up to speed for two
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00:09:23,160 --> 00:09:24,620
this week. You know the case.
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00:09:24,920 --> 00:09:28,280
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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Not here.
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Gwen!
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You'll find it. What?
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It's 1987. The whole correspondence from
the field office patent's coming in
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tomorrow. I'm going to go over it.
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How can we do it all year?
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We didn't, Stuart.
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It's right here.
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You're going to hyperventilate when you
sit down and relax.
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00:10:09,130 --> 00:10:10,130
Breathe into this.
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Better? I think so. I'm sorry.
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I can't believe it was sitting right
there.
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I'm going off the deep end, aren't I?
You're fine.
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You're totally prepared for this.
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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. He
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. Klein, what was your relationship
to Barbara Rosen?
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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.
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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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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? A history of physical
abuse dating back over ten years. Black
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eyes, broken ribs, concussions.
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It was all there.
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All of these injuries were inflicted by
your sister's husband? Yes, and Dr.
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Harbaugh knew it. He saw the bruises. He
knew she was a battered wife, and yet
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he did nothing.
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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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00:12:38,480 --> 00:12:42,700
Mrs. Klein, you say you and your sister
were close. How often did you see each
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other? Whenever I came into town and on
holidays, so maybe four or five times a
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00:12:47,400 --> 00:12:51,730
year. Did you ever see any evidence that
she was being abused? I remember once
193
00:12:51,730 --> 00:12:55,310
she was limping, and I remember a
bruise.
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00:12:55,870 --> 00:12:58,050
But she had explanations both times.
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But you suspected abuse, didn't you,
Mrs. Klein?
196
00:13:01,190 --> 00:13:03,590
I never knew how bad it was. Why didn't
you tell anyone?
197
00:13:04,810 --> 00:13:06,710
Why didn't you report it to the police?
198
00:13:09,130 --> 00:13:15,590
Because I... I didn't know how serious
it was. Did you ever ask her? No,
199
00:13:15,590 --> 00:13:16,590
I... Because?
200
00:13:16,840 --> 00:13:18,360
You respected her privacy.
201
00:13:18,620 --> 00:13:22,580
But Dr. Harbaugh shouldn't have. He
should have treated your sister like a
202
00:13:22,580 --> 00:13:27,420
child, even though she was a grown,
educated woman. He should have done his
203
00:13:27,720 --> 00:13:31,120
He should have assumed that she didn't
know what was good for her and made
204
00:13:31,120 --> 00:13:35,740
decisions that were rightfully Barbara
Rosen's. You saw what Peter did, and you
205
00:13:35,740 --> 00:13:36,740
did nothing.
206
00:13:37,220 --> 00:13:38,220
Move to strike.
207
00:13:38,540 --> 00:13:39,580
My sister.
208
00:13:40,040 --> 00:13:41,040
Get killed.
209
00:13:49,020 --> 00:13:51,040
Okay, let's tackle the limited
partnerships.
210
00:13:51,600 --> 00:13:57,420
Right. We have all the prospectuses on
file, including favorable opinions by
211
00:13:57,420 --> 00:13:58,420
major accounting firms.
212
00:13:58,580 --> 00:14:01,900
They're indexed by year, but we also
have cross -files by venture and state.
213
00:14:02,220 --> 00:14:05,580
Miss Taylor ran Mr. Totten's returns
through the computer, along with
214
00:14:05,580 --> 00:14:08,940
partnership reports and changes in the
tax code. What she came up with was
215
00:14:08,940 --> 00:14:09,940
pretty interesting.
216
00:14:10,180 --> 00:14:13,960
In some cases, Mr. Totten actually
failed to take losses he was entitled
217
00:14:14,880 --> 00:14:20,580
And we also have chapter and verse on
pension plans and financial statements
218
00:14:20,580 --> 00:14:22,320
depositions by fiduciaries.
219
00:14:25,040 --> 00:14:31,720
And we're more interested in deductions
and securities, especially the boat.
220
00:14:33,560 --> 00:14:37,860
All documentation for business use of
the Sea Witch dating back to 1982.
221
00:14:38,380 --> 00:14:41,380
The bottom shelf has the ship's logs and
galley receipts.
222
00:14:41,630 --> 00:14:45,830
And our independent consultant reviewed
all of Mr. Totten's security
223
00:14:45,830 --> 00:14:48,650
transactions and found no tax liability
whatsoever.
224
00:14:49,050 --> 00:14:50,650
She signed off on each one.
225
00:14:51,890 --> 00:14:54,670
Individually. Mr. Markowitz thought that
would be best.
226
00:14:54,930 --> 00:14:55,930
All right.
227
00:14:56,450 --> 00:15:00,670
If you can chart all this out, have a
written summary signed off by the
228
00:15:00,670 --> 00:15:04,190
accountant, on my desk at 9 a .m., I'll
call off the audit.
229
00:15:04,430 --> 00:15:07,470
You will? Three pages, single -spaced,
including file references.
230
00:15:07,830 --> 00:15:08,830
It's a deal.
231
00:15:11,050 --> 00:15:13,650
So, uh, nine o 'clock, it'll be there.
232
00:15:14,070 --> 00:15:15,070
I can hardly wait.
233
00:15:21,930 --> 00:15:22,930
Yes!
234
00:15:23,910 --> 00:15:24,910
Oh!
235
00:15:26,030 --> 00:15:27,230
We've got a lot of work to do.
236
00:15:27,530 --> 00:15:29,270
Oh, I can stay as late as you need me.
237
00:15:29,790 --> 00:15:30,790
You're the best.
238
00:15:31,410 --> 00:15:35,070
Look, dinner's on me tonight. Now, we'll
send out if we have to, but if we get
239
00:15:35,070 --> 00:15:37,750
far enough along, I know this really
nice place.
240
00:15:38,770 --> 00:15:40,090
Because we just pulled off a miracle.
241
00:15:42,410 --> 00:15:45,350
I smoked maybe three cigarettes total
when I was a teenager.
242
00:15:45,630 --> 00:15:50,130
And when were you diagnosed with lung
cancer, Mr. Shepard? Two years ago. And
243
00:15:50,130 --> 00:15:52,990
the doctors told me it was from years of
breathing smoke, growing up in a house
244
00:15:52,990 --> 00:15:55,010
where both parents smoked. That's just
wrong.
245
00:15:55,290 --> 00:15:58,090
Excuse me, sir. You are not the witness
here.
246
00:15:58,310 --> 00:16:00,090
Tomorrow, you will be the witness.
247
00:16:00,770 --> 00:16:04,130
That's when I'll be asking the
questions. Don't threaten my client. I'm
248
00:16:04,130 --> 00:16:07,530
trying to shed some light here. He seems
a bit confused. Come on, boys. Let's
249
00:16:07,530 --> 00:16:08,530
get on with it.
250
00:16:09,550 --> 00:16:11,210
The doctors made no...
251
00:16:11,970 --> 00:16:15,950
conclusive findings about your exact
cause of cancer. How did they, sir? They
252
00:16:15,950 --> 00:16:18,310
said they thought it had to be from...
I'm not interested in what they thought.
253
00:16:18,310 --> 00:16:23,010
You interrupted again. Don't make me
smack you. This is a deposition, Mr.
254
00:16:23,110 --> 00:16:24,430
Mullaney, not a rugby match.
255
00:16:24,690 --> 00:16:28,490
And any more comments from you and I
will suspend this proceeding and move
256
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
257
00:16:32,070 --> 00:16:33,070
glad I smacked you.
258
00:16:39,050 --> 00:16:45,420
Did the doctors confirm conclusively
find that your lung cancer was caused by
259
00:16:45,420 --> 00:16:46,420
secondhand smoke.
260
00:16:46,580 --> 00:16:48,540
That was their opinion. Their opinion.
261
00:16:50,020 --> 00:16:51,020
Thank you.
262
00:16:52,000 --> 00:16:54,920
Okay, we're done. This proceeding is
adjourned.
263
00:16:56,160 --> 00:16:57,320
We'll see you all tomorrow.
264
00:16:59,640 --> 00:17:02,820
Just a little more up here and we're in
business.
265
00:17:03,180 --> 00:17:06,680
I should have used my free turn. Another
letter, I could have solved it. Tough
266
00:17:06,680 --> 00:17:07,680
break.
267
00:17:08,540 --> 00:17:11,740
Okay, you're all set. These have to be
size small. They're cutting off my
268
00:17:11,740 --> 00:17:12,740
circulation.
269
00:17:16,280 --> 00:17:17,700
Hi. Hi.
270
00:17:17,980 --> 00:17:21,380
You know, I've been a big admirer of
yours for some time now.
271
00:17:21,800 --> 00:17:24,599
Please, there's no conversation with
Miss White. Okay, no conversation.
272
00:17:24,800 --> 00:17:27,720
I'm just going to take my shot. I'm not
in the industry. I'm just a boring
273
00:17:27,720 --> 00:17:31,180
corporate attorney who leads a very dull
life. But I happen to have 8 o 'clock
274
00:17:31,180 --> 00:17:34,380
reservations at La Dome tomorrow night.
Will I be eating alone?
275
00:17:34,780 --> 00:17:35,780
Yes, you will.
276
00:17:36,440 --> 00:17:39,740
Regulations. We're not allowed to have
any contact with contestants during the
277
00:17:39,740 --> 00:17:42,940
game. I see. So if it wasn't against
federal law, you might consider it.
278
00:17:43,160 --> 00:17:44,160
Cute.
279
00:17:44,340 --> 00:17:45,340
Cute.
280
00:17:47,450 --> 00:17:51,830
This woman was your patient, doctor. I
did everything I could to help Barbara
281
00:17:51,830 --> 00:17:53,650
Rosen. I really did.
282
00:17:54,470 --> 00:17:59,630
Besides treating her physical injuries,
what did you do? I listened to her. I
283
00:17:59,630 --> 00:18:02,130
urged her to get marriage counseling or
go into therapy.
284
00:18:02,690 --> 00:18:06,150
I even tried talking to Peter, but he
wouldn't admit that he had a problem.
285
00:18:06,410 --> 00:18:09,590
What about Mrs. Rosen? Did she respond
to your suggestions?
286
00:18:09,970 --> 00:18:12,330
No. No, she begged me not to tell
anyone.
287
00:18:12,950 --> 00:18:16,750
She was so sure that Peter was going to
change, I tried to tell her that he
288
00:18:16,750 --> 00:18:20,310
wouldn't. Did you try more than once?
Every time she came in with an injury.
289
00:18:20,610 --> 00:18:22,830
But talking about it only made her feel
worse.
290
00:18:23,030 --> 00:18:26,870
She was scared that people were going to
find out that Peter was going to
291
00:18:26,870 --> 00:18:28,890
divorce her and take away her children.
292
00:18:29,230 --> 00:18:33,850
Dr. Harbaugh, do you feel you fulfilled
your professional obligations to Barbara
293
00:18:33,850 --> 00:18:39,190
Rogan? Yes. I diagnosed her, and I
strongly recommended a course of
294
00:18:39,390 --> 00:18:41,190
But there was nothing more that I could
do.
295
00:18:41,470 --> 00:18:42,470
Thank you, Doctor.
296
00:18:45,030 --> 00:18:46,150
Dr. Harbaugh.
297
00:18:47,110 --> 00:18:50,530
Why was it that you didn't report to the
authorities that Barbara Rosen was
298
00:18:50,530 --> 00:18:53,590
being abused by her husband? She made it
clear that she didn't want me to. Well,
299
00:18:53,590 --> 00:18:56,810
sir, what if you were treating a child
that you suspected of being abused?
300
00:18:56,850 --> 00:18:58,390
Barbara Rosen wasn't a child.
301
00:18:58,710 --> 00:19:03,430
And, Doctor, aren't you required by
California law to report any case
302
00:19:03,430 --> 00:19:06,630
injuries that you reasonably believe
were inflicted by a criminal act?
303
00:19:06,870 --> 00:19:10,510
Yes. Well, I'm going to refer to your
own medical notes here, sir.
304
00:19:11,530 --> 00:19:13,510
July 20th, 1989.
305
00:19:13,910 --> 00:19:15,830
Quote, the patient suffered...
306
00:19:16,040 --> 00:19:20,580
Severe lacerations as well as a
concussion appears to have been struck
307
00:19:20,580 --> 00:19:24,020
blunt instrument. You didn't consider
that to be a criminal act? I had no
308
00:19:24,020 --> 00:19:25,160
that she was struck by anybody.
309
00:19:25,500 --> 00:19:27,940
Well, why didn't you tell the police?
The police aren't going to act on a
310
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
311
00:19:31,480 --> 00:19:32,249
a chance?
312
00:19:32,250 --> 00:19:34,670
Because all that would have happened was
Barbara would have sued me for
313
00:19:34,670 --> 00:19:39,890
breaching confidentiality. Oh, so that's
why you decided to stay quiet. Fear of
314
00:19:39,890 --> 00:19:43,930
being sued is... That's one reason. The
other reason is that I am also required
315
00:19:43,930 --> 00:19:49,190
by law to uphold the confidentiality of
my patient. And my patient asked me to
316
00:19:49,190 --> 00:19:49,929
stay quiet.
317
00:19:49,930 --> 00:19:51,790
But your patient wasn't in control here,
Doctor.
318
00:19:51,990 --> 00:19:55,550
She was being terrorized by her husband.
Obviously, her judgment was... That's a
319
00:19:55,550 --> 00:19:57,350
psychiatric observation, Counselor.
320
00:19:57,850 --> 00:20:00,550
I'm not a psychiatrist. Come on, Doctor.
You knew what she was headed for. Hey,
321
00:20:00,710 --> 00:20:05,570
I warn my alcoholic patients to stop
drinking. Most don't. I urge battered
322
00:20:05,570 --> 00:20:06,890
to leave their husbands.
323
00:20:07,370 --> 00:20:12,290
Most don't. One more time, I'm going to
go back to your own records here because
324
00:20:12,290 --> 00:20:16,430
Mrs. Rosen's injuries were progressively
getting worse. They weren't just black
325
00:20:16,430 --> 00:20:17,570
eyes and broken ribs.
326
00:20:18,030 --> 00:20:19,630
You had two concussions here.
327
00:20:20,250 --> 00:20:21,169
A broken nose?
328
00:20:21,170 --> 00:20:23,310
Yes, but... But what, doctor? What were
you waiting for?
329
00:20:23,510 --> 00:20:26,990
This is badgering. How badly would Peter
Rosen have had to hurt your patient
330
00:20:26,990 --> 00:20:30,050
before you would have done something to
help her? What, a broken neck? Fractured
331
00:20:30,050 --> 00:20:30,569
skull? Your Honor!
332
00:20:30,570 --> 00:20:33,770
How much does it take before you decide
to get involved, doctor?
333
00:20:46,690 --> 00:20:49,250
There I am with the love of my college
life.
334
00:20:49,900 --> 00:20:54,060
crazy about this girl, right? We go to
this very fancy restaurant, which I
335
00:20:54,060 --> 00:20:58,240
afford. Now, this place is very
romantic, and it's got candles on the
336
00:20:58,240 --> 00:21:00,800
everything, and it's got these huge
menus. So I'm reading the menu, and I
337
00:21:00,800 --> 00:21:03,640
realize that the menu is perched right
over the candle. Oh, no, you didn't. Oh,
338
00:21:03,700 --> 00:21:07,300
I did. So all of a sudden, I hear this
scream, and I look up, and my menu is
339
00:21:07,300 --> 00:21:10,540
burning. And I'm thinking, the maitre d'
is running around the waiter, comes
340
00:21:10,540 --> 00:21:14,280
over the table, grabs the water, and he
throws it, not on the flames, not on the
341
00:21:14,280 --> 00:21:15,580
menu, right on my girlfriend.
342
00:21:16,060 --> 00:21:17,060
No!
343
00:21:17,360 --> 00:21:18,360
I'll see you.
344
00:21:18,700 --> 00:21:21,380
She dried out eventually, but the
relationship was never the same.
345
00:21:24,340 --> 00:21:26,880
Thanks for dinner, Stuart. I had a
wonderful time.
346
00:21:27,360 --> 00:21:30,340
Thanks for your help. I couldn't have
done it without you. Yes, you could.
347
00:21:30,540 --> 00:21:32,720
No, I couldn't. You're one hell of a
support staff.
348
00:21:33,780 --> 00:21:36,000
And you are one hell of a lawyer.
349
00:21:39,700 --> 00:21:41,540
Stuart, we can't do this.
350
00:21:42,660 --> 00:21:43,660
We can?
351
00:21:44,000 --> 00:21:45,000
No.
352
00:21:45,780 --> 00:21:47,600
Yeah, right. We can. I'm sorry.
353
00:21:49,740 --> 00:21:51,100
I acted just like Arnie Becker, didn't
I?
354
00:21:51,480 --> 00:21:53,500
You could never be like Arnie Becker.
355
00:21:53,840 --> 00:21:55,260
You're a decent, mature man.
356
00:21:56,940 --> 00:22:00,460
And if you weren't married, maybe things
would be different. But you are, and I
357
00:22:00,460 --> 00:22:01,299
work for you.
358
00:22:01,300 --> 00:22:02,760
And I don't want that to change.
359
00:22:03,480 --> 00:22:04,480
Neither do I.
360
00:22:05,140 --> 00:22:06,740
Look, this was all my fault.
361
00:22:07,000 --> 00:22:08,400
You don't have to worry about your job.
362
00:22:08,680 --> 00:22:09,680
I'm not.
363
00:22:11,380 --> 00:22:12,520
I'd better get back to it, huh?
364
00:22:13,240 --> 00:22:16,180
Yeah, I just have to print out the final
draft. I'll clean up tomorrow.
365
00:22:16,480 --> 00:22:17,480
No rush, no rush.
366
00:22:17,830 --> 00:22:21,490
So did you ever go back to the shape?
Yeah. Oh, yeah Yeah, one time years
367
00:22:21,490 --> 00:22:24,650
the laundromat then the restaurant
burned down, but I had nothing to do
368
00:22:24,670 --> 00:22:25,050
I didn't
369
00:22:25,050 --> 00:22:35,770
Let's
370
00:22:35,770 --> 00:22:36,770
go home do it
371
00:23:04,460 --> 00:23:09,700
In your opinion, Dr. Cahill, the
defendant should have intervened. Of
372
00:23:09,720 --> 00:23:13,600
simply treating a patient's injuries is
not enough. If a doctor is aware of the
373
00:23:13,600 --> 00:23:18,520
underlying disease of abuse, he has to
do everything he can to cure it. Even if
374
00:23:18,520 --> 00:23:21,400
a patient like Barbara Rosen denies that
the abuse is occurring?
375
00:23:21,680 --> 00:23:25,620
Especially then. Denial by the victim is
a symptom. It's part of being
376
00:23:25,620 --> 00:23:30,080
terrorized by the batterer. The only
cure for it is to bring the truth out in
377
00:23:30,080 --> 00:23:30,659
the open.
378
00:23:30,660 --> 00:23:32,140
You know, doctor, this is...
379
00:23:33,320 --> 00:23:37,180
It's a husband and wife thing, right? I
mean, if she chooses not to... According
380
00:23:37,180 --> 00:23:43,100
to the FBI, 34 % of all female homicide
victims over the age of 15 have been
381
00:23:43,100 --> 00:23:45,320
murdered by their husbands or by an
intimate partner.
382
00:23:45,800 --> 00:23:49,780
But this man didn't need to rely on
statistics. He knew the husband was the
383
00:23:49,780 --> 00:23:53,780
abuser. His continued silence was gross
malpractice.
384
00:23:53,980 --> 00:23:55,160
Those are strong words, Doctor.
385
00:23:55,420 --> 00:23:57,240
Sometimes strong words can save a life.
386
00:23:57,780 --> 00:23:59,020
Objection. Sustained.
387
00:23:59,520 --> 00:24:00,700
I have nothing further.
388
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
389
00:24:05,950 --> 00:24:09,670
his patient. She was suffering from a
disease called domestic violence and he
390
00:24:09,670 --> 00:24:12,270
failed to treat it. So we should abolish
doctor -patient privilege.
391
00:24:12,570 --> 00:24:16,510
These cases are unique. You're
advocating right now the abolition of
392
00:24:16,510 --> 00:24:17,790
-patient privilege, yes or no?
393
00:24:18,010 --> 00:24:22,010
Yes. And this should be at the doctor's
discretion. At his whim, he should be
394
00:24:22,010 --> 00:24:25,330
able to disregard the confidentiality of
a patient.
395
00:24:25,550 --> 00:24:27,530
It's better than letting her be beaten
to death.
396
00:24:30,280 --> 00:24:33,020
Have you ever reported the abuse of a
patient, doctor?
397
00:24:33,240 --> 00:24:34,199
Yes, twice.
398
00:24:34,200 --> 00:24:35,220
Did the police do anything?
399
00:24:35,500 --> 00:24:38,520
No, but that doesn't mean... Yes, and
it's very possible that nothing would
400
00:24:38,520 --> 00:24:43,360
happened in Barbara Rosen's case had my
client reported this, isn't it? He still
401
00:24:43,360 --> 00:24:44,339
should have tried.
402
00:24:44,340 --> 00:24:46,260
He should have betrayed his patients.
403
00:24:46,990 --> 00:24:50,650
Trust? Mrs. Rosen needed help. She was
in a state of emotional paralysis.
404
00:24:50,650 --> 00:24:51,690
Emotional paralysis.
405
00:24:51,970 --> 00:24:54,530
That's a psychiatric opinion, doctor.
Are you a psychiatrist?
406
00:24:54,930 --> 00:24:58,310
No, I'm not. Neither is Dr. Harbaugh.
Are you suggesting... I'm saying you
407
00:24:58,310 --> 00:24:59,590
should have used common sense.
408
00:24:59,830 --> 00:25:04,670
And once again, by common sense, you
mean that the doctor should have
409
00:25:04,670 --> 00:25:09,110
the clear, expressed intent of one of
his competent adult patients.
410
00:25:09,450 --> 00:25:11,030
True or false?
411
00:25:12,250 --> 00:25:13,850
True, but life... Thanks, doctor.
412
00:25:14,070 --> 00:25:15,070
I got it.
413
00:25:16,040 --> 00:25:17,040
Nothing further.
414
00:25:28,540 --> 00:25:30,040
Leland just told me about Totten.
415
00:25:30,360 --> 00:25:31,860
Congratulations. Thanks.
416
00:25:34,080 --> 00:25:35,080
What's wrong?
417
00:25:35,740 --> 00:25:37,040
You go out with the guys much?
418
00:25:38,360 --> 00:25:39,760
I don't know. Sometimes.
419
00:25:40,180 --> 00:25:42,620
I mean, you have a lot of friends?
420
00:25:45,490 --> 00:25:47,330
A few close ones, I guess.
421
00:25:47,590 --> 00:25:48,590
I don't.
422
00:25:49,890 --> 00:25:52,350
I have my work, and I have Anne, and I
have Matthew.
423
00:25:54,190 --> 00:25:55,190
And that's it.
424
00:25:56,350 --> 00:25:57,990
What the hell are you talking about,
Stuart?
425
00:25:59,050 --> 00:26:00,190
I kissed another woman.
426
00:26:03,090 --> 00:26:04,490
I wanted to do it, and I did it.
427
00:26:05,250 --> 00:26:06,730
And she didn't kiss me. I kissed her.
428
00:26:08,730 --> 00:26:10,090
I don't know who I am anymore, Mike.
429
00:26:11,590 --> 00:26:13,030
I'm not a good husband.
430
00:26:14,030 --> 00:26:15,410
And I don't feel like a good lawyer.
431
00:26:15,870 --> 00:26:19,010
You're a great lawyer, Stuart. Hell, you
just beat the IRS.
432
00:26:19,870 --> 00:26:22,670
You have a wife and a son who love you.
433
00:26:29,050 --> 00:26:30,650
So you had a heart attack.
434
00:26:31,510 --> 00:26:32,510
You're human.
435
00:26:35,190 --> 00:26:37,090
I have no sense of myself anymore, Mike.
436
00:26:38,010 --> 00:26:41,590
I... Nothing feels like...
437
00:26:44,500 --> 00:26:45,760
Like me, you know.
438
00:26:46,960 --> 00:26:48,360
Do you talk to Ann about it?
439
00:26:49,000 --> 00:26:50,480
We try to talk, but we don't.
440
00:26:50,920 --> 00:26:52,280
We can't even argue anymore.
441
00:26:53,480 --> 00:26:56,660
I wasn't running to another woman. I was
running away from Ann.
442
00:26:57,520 --> 00:26:58,520
You still love her?
443
00:27:00,260 --> 00:27:01,960
I do.
444
00:27:03,740 --> 00:27:04,740
Then try it again.
445
00:27:07,020 --> 00:27:08,080
I don't think I can.
446
00:27:15,910 --> 00:27:16,910
Yes?
447
00:27:17,190 --> 00:27:19,550
Uh, hello, Douglas. It's your good
friend Arnie here.
448
00:27:20,390 --> 00:27:22,490
What are you doing at my secretary's
station?
449
00:27:22,830 --> 00:27:26,170
Oh, well, I just happened to be nearby
when I saw a Miss Vanna White
450
00:27:26,170 --> 00:27:27,170
approaching.
451
00:27:27,450 --> 00:27:28,950
She doesn't have an appointment.
452
00:27:29,230 --> 00:27:30,270
Shall I send her away?
453
00:27:30,490 --> 00:27:33,750
Very funny. Why don't the two of you go
off and have a vow movement together?
454
00:27:35,830 --> 00:27:38,050
Now, that's a pretty nasty thing to say,
don't you think?
455
00:27:38,290 --> 00:27:41,510
You told me that you lost yesterday.
Looks to me like you won pretty big.
456
00:27:42,370 --> 00:27:43,770
Could I have a minute with him alone?
457
00:27:44,410 --> 00:27:48,250
Oh, sure, and I'll tell you what, if the
cat doesn't give him back his tongue,
458
00:27:48,670 --> 00:27:50,650
my office is just two doors down.
459
00:27:51,010 --> 00:27:52,010
Great.
460
00:27:56,430 --> 00:27:57,670
Why are you here?
461
00:27:57,930 --> 00:28:02,190
I'm sorry, but I just thought that since
you're off the show now, it wouldn't be
462
00:28:02,190 --> 00:28:03,590
illegal for you and me to be friends.
463
00:28:04,670 --> 00:28:08,470
Now I know it's a joke. All right,
Arnie, you can come in.
464
00:28:08,990 --> 00:28:11,130
It's no joke. You seem very nice.
465
00:28:11,580 --> 00:28:15,260
And when I told you about the FCC
regulations, you seemed to receive it as
466
00:28:15,260 --> 00:28:16,320
polite form of rejection.
467
00:28:17,300 --> 00:28:19,360
And I wanted you to know that wasn't the
case.
468
00:28:20,040 --> 00:28:23,440
Would you... Would you like to have a
date?
469
00:28:24,180 --> 00:28:26,260
Well, how about a simple lunch?
470
00:28:26,800 --> 00:28:31,520
No cash prizes, no assortment of
sumptuous gifts, just a hamburger by the
471
00:28:31,800 --> 00:28:33,780
I'd love it. Tomorrow, one o 'clock?
472
00:28:33,980 --> 00:28:36,220
Perfect. We'll talk in the morning and
make a plan.
473
00:28:36,700 --> 00:28:37,700
See ya.
474
00:28:39,160 --> 00:28:40,160
Bye.
475
00:28:42,540 --> 00:28:44,160
Get snide if you want, counsel.
476
00:28:44,480 --> 00:28:47,300
But secondary smoke does not cause lung
cancer.
477
00:28:47,560 --> 00:28:51,520
You are aware that the United States
Surgeon General's office says that it
478
00:28:51,940 --> 00:28:52,699
They're wrong.
479
00:28:52,700 --> 00:28:58,540
And would the New England Journal of
Medicine also be wrong when it says that
480
00:28:58,540 --> 00:29:03,760
secondhand smoke causes almost 7 ,000
deaths annually in this country alone?
481
00:29:04,040 --> 00:29:06,060
We don't agree with their data. But you
are aware.
482
00:29:06,510 --> 00:29:10,830
of their data, aren't you, Mr. McGeary?
Yes, we are. And are you also aware of
483
00:29:10,830 --> 00:29:15,170
the recent medical reports which say
that the risk of lung cancer is nearly
484
00:29:15,170 --> 00:29:19,230
double for all people exposed to
secondhand smoke during early childhood?
485
00:29:19,530 --> 00:29:20,810
It has been brought to our attention.
486
00:29:21,150 --> 00:29:25,250
Well, with all this information in your
possession, are you doing anything to
487
00:29:25,250 --> 00:29:26,470
warn the nonsmoker?
488
00:29:26,730 --> 00:29:29,990
We have put warnings on all of our
packaging. Which warn the smoker?
489
00:29:30,270 --> 00:29:34,530
What are you doing to warn the nonsmoker
that they're at risk, too?
490
00:29:35,080 --> 00:29:38,360
The law does not compel us to do so.
What about human safety?
491
00:29:38,840 --> 00:29:40,220
You don't find that compelling?
492
00:29:40,500 --> 00:29:44,380
I need a moment. No, I'm not going off
the record. Please make note for the
493
00:29:44,380 --> 00:29:48,060
record that attorneys Flaherty and
Stadler are whispering in the respective
494
00:29:48,060 --> 00:29:52,940
of the witness. Please further note my
amazement at the witness's ability to
495
00:29:52,940 --> 00:29:56,320
listen to two people simultaneously. I
object to that. That was Mr.
496
00:29:56,560 --> 00:29:58,420
Stadler. Mr. Flaherty is still
whispering.
497
00:29:58,720 --> 00:30:03,300
Even if we are aware of the alleged
dangers of secondhand smoke, We had no
498
00:30:03,300 --> 00:30:05,940
reason to be aware of those dangers at
the time that Mr.
499
00:30:06,180 --> 00:30:10,480
Shepard was exposed to his parents
smoking. What a lovely answer.
500
00:30:11,040 --> 00:30:12,040
Was that Mr.
501
00:30:12,180 --> 00:30:13,180
Flaherty's or Mr.
502
00:30:13,320 --> 00:30:14,400
Stadler's? This is abusive.
503
00:30:14,740 --> 00:30:15,900
I am sorry, Mr.
504
00:30:16,160 --> 00:30:20,160
McGeary, but your company certainly knew
about the dangers of cigarette smoking
505
00:30:20,160 --> 00:30:24,560
30 years ago, didn't it? From air smoke,
yes. Well, did you do any testing on
506
00:30:24,560 --> 00:30:26,360
the dangers of secondhand smoke?
507
00:30:26,910 --> 00:30:31,970
I don't believe we did. So maybe the
reason that you didn't know about the
508
00:30:31,970 --> 00:30:34,890
was that you never did any tests, right?
509
00:30:35,350 --> 00:30:38,650
Any particular ear you want that answer
whispered into?
510
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
511
00:30:42,730 --> 00:30:47,250
test for the color of the packaging, and
you test the commercials to see which
512
00:30:47,250 --> 00:30:51,590
are most effective, but you can't test
to see who your smoke kills.
513
00:30:51,970 --> 00:30:53,750
None of the others did. Why should we?
514
00:30:53,950 --> 00:30:55,110
Why should we?
515
00:30:55,740 --> 00:30:59,320
I'm going to recommend we terminate this
deposition. This deposition is over.
516
00:30:59,380 --> 00:31:00,380
Michael?
517
00:31:01,740 --> 00:31:03,900
It's a really silly thing to say.
518
00:31:15,080 --> 00:31:17,520
I'd like you to know something.
519
00:31:17,820 --> 00:31:21,120
Nothing ever happened between Stuart and
me. We have a professional
520
00:31:21,120 --> 00:31:22,480
relationship, and that's all.
521
00:31:23,720 --> 00:31:25,020
Do you feel better now?
522
00:31:35,630 --> 00:31:36,630
Last call?
523
00:31:36,930 --> 00:31:40,590
Oh, no, thank you. I'd like to get some
sleep before next week.
524
00:31:41,970 --> 00:31:42,970
You're right.
525
00:31:43,850 --> 00:31:45,510
You know, I think there's stuff growing
in here.
526
00:31:46,690 --> 00:31:47,690
Probably.
527
00:31:51,870 --> 00:31:53,510
Is there something on your mind?
528
00:31:53,850 --> 00:31:56,270
Harbaugh made a settlement offer. $25
,000.
529
00:31:57,170 --> 00:31:58,170
You gonna take it?
530
00:31:58,390 --> 00:31:59,630
No, a client won't go for it.
531
00:32:00,710 --> 00:32:04,430
I... I keep telling her, uh...
532
00:32:05,190 --> 00:32:06,190
25 -something.
533
00:32:07,070 --> 00:32:12,090
Yeah. Then I keep thinking to myself, if
we settle this thing quietly, what
534
00:32:12,090 --> 00:32:13,770
about all those other defenseless women?
535
00:32:14,750 --> 00:32:15,750
Who's going to help them?
536
00:32:16,770 --> 00:32:19,770
It doesn't just happen to defenseless
women, Victor.
537
00:32:20,830 --> 00:32:22,290
It can happen to anybody.
538
00:32:24,510 --> 00:32:25,510
You?
539
00:32:26,870 --> 00:32:30,470
In my second year of law school, I was
seeing a professor.
540
00:32:32,170 --> 00:32:34,310
I was too young to realize that...
541
00:32:35,150 --> 00:32:37,210
that he got off on controlling women.
542
00:32:38,590 --> 00:32:41,590
When I started to resist, he hit me.
543
00:32:42,130 --> 00:32:46,030
And then he would tell me how stupid I
was and that I would never be able to
544
00:32:46,030 --> 00:32:48,770
practice law and that I was completely
worthless.
545
00:32:50,710 --> 00:32:52,330
For a while, I believed him.
546
00:32:53,730 --> 00:32:54,730
Finally, I left.
547
00:32:55,750 --> 00:32:59,150
But I will never forget the way he made
me feel.
548
00:33:00,630 --> 00:33:01,690
Did you tell anybody?
549
00:33:01,970 --> 00:33:02,970
No.
550
00:33:03,980 --> 00:33:07,000
I was afraid of what it said about me.
551
00:33:08,260 --> 00:33:11,020
Of the look I am getting from you right
now.
552
00:33:12,220 --> 00:33:17,800
Grace, it doesn't say anything about
you. He was the sick one, not you.
553
00:33:18,040 --> 00:33:20,480
But it does change the way you think
about me.
554
00:33:21,860 --> 00:33:22,860
Doesn't it?
555
00:33:23,240 --> 00:33:26,700
You didn't before, but now you see me as
a victim.
556
00:33:28,020 --> 00:33:29,020
Just a little.
557
00:33:38,030 --> 00:33:41,830
Domestic violence is the single most
common cause of injury to women in this
558
00:33:41,830 --> 00:33:45,890
country today. More common than car
accidents, muggings, and rapes combined.
559
00:33:46,530 --> 00:33:51,930
As many as 35 % of women who visit
emergency rooms are treated for ongoing
560
00:33:51,930 --> 00:33:53,170
physical abuse.
561
00:33:53,630 --> 00:33:57,770
One third of all pregnant women are
physically abused.
562
00:33:58,450 --> 00:34:04,170
Regardless of race, educational
background, class, in America, every 18
563
00:34:04,170 --> 00:34:05,450
a woman is battered.
564
00:34:05,890 --> 00:34:09,949
And every year, 1 ,500 women are
battered to death.
565
00:34:10,690 --> 00:34:13,550
Well, look around you, ladies and
gentlemen. Really.
566
00:34:14,570 --> 00:34:17,850
Because chances are that the woman
sitting next to you or the one sitting
567
00:34:17,850 --> 00:34:21,290
to her has at some time in their lives
been physically abused.
568
00:34:21,949 --> 00:34:23,290
But you would never know it.
569
00:34:25,949 --> 00:34:32,889
Partly because the police and doctors,
like Dr. Harbaugh, don't
570
00:34:32,889 --> 00:34:33,889
really want to get involved.
571
00:34:34,090 --> 00:34:35,670
They stay silent.
572
00:34:36,199 --> 00:34:40,480
And they make it possible for battered
women to continue to be abused and
573
00:34:40,480 --> 00:34:41,480
sometimes murdered.
574
00:34:41,840 --> 00:34:46,540
Now, his lawyer talks about respecting
the wishes of his patient.
575
00:34:48,139 --> 00:34:53,199
This doctor knew his patient was
incapable of helping herself. Here, he
576
00:34:53,199 --> 00:34:58,540
diagnosed it. He also ignored his duty
under California law that requires him
577
00:34:58,540 --> 00:35:02,200
report physical violence. He disregarded
his patient, he disregarded the law,
578
00:35:02,360 --> 00:35:04,860
and as a result, Barbara Rosen is dead.
579
00:35:08,200 --> 00:35:14,120
All that is necessary for evil to
triumph is that good men do nothing.
580
00:35:15,140 --> 00:35:19,260
Stephen Harbaugh did nothing, ladies and
gentlemen. Right now, he's hoping
581
00:35:19,260 --> 00:35:20,260
you'll do the same.
582
00:35:20,580 --> 00:35:21,580
Thank you.
583
00:35:26,940 --> 00:35:31,420
If we start forcing doctors to be
whistleblowers, you know what happens?
584
00:35:32,300 --> 00:35:34,700
You eliminate doctor -patient privilege.
585
00:35:34,940 --> 00:35:36,600
And battered wives...
586
00:35:36,910 --> 00:35:40,170
And any other people that have secrets
that they don't want to be discovered
587
00:35:40,170 --> 00:35:44,530
will stay away from doctors. People who
need medical attention won't get it
588
00:35:44,530 --> 00:35:47,150
because they'll be too afraid to come
forward.
589
00:35:47,850 --> 00:35:53,150
Suddenly, going to your doctor will
become tantamount to going to the
590
00:35:54,130 --> 00:35:55,130
My God.
591
00:35:56,630 --> 00:35:59,070
Wouldn't George Orwell be happy about
that?
592
00:35:59,610 --> 00:36:03,290
Competent adults suddenly robbed of
their right to privacy. You and I
593
00:36:03,290 --> 00:36:08,460
suddenly... forced to forfeit
confidentiality with our own physicians.
594
00:36:10,340 --> 00:36:12,160
You cannot want that.
595
00:36:12,380 --> 00:36:15,400
Of course, battering is a horrible
crime.
596
00:36:15,640 --> 00:36:19,200
And there's nobody here that shouldn't
grieve for Barbara Rosen.
597
00:36:19,420 --> 00:36:24,680
Stephen Harbaugh grieves for her. He
recommended that she seek psychiatric
598
00:36:24,680 --> 00:36:29,200
treatment. He pleaded with her to leave
her husband. He did everything he could,
599
00:36:29,340 --> 00:36:32,360
except abandon the trust.
600
00:36:33,230 --> 00:36:35,470
that Barbara Rosen had placed with him.
601
00:36:36,270 --> 00:36:40,790
Stephen Harbaugh is not responsible for
Barbara Rosen's death.
602
00:36:41,610 --> 00:36:42,710
And you know that.
603
00:36:50,110 --> 00:36:55,030
All right, 600 ,000 sealed. You don't
even whisper it to each other. I told
604
00:36:55,030 --> 00:36:57,050
a million five. Would you think I was
kidding?
605
00:36:57,550 --> 00:36:59,290
No, just insane. Michael?
606
00:37:00,000 --> 00:37:05,440
The man never smoked a cigarette in his
life. He is dying of lung cancer. Still
607
00:37:05,440 --> 00:37:06,480
difficult to prove in court.
608
00:37:06,800 --> 00:37:10,560
Getting less difficult with every new
study that comes out. Okay, let's stop
609
00:37:10,560 --> 00:37:13,580
this silly nonsense, shall we? You
cannot risk this case.
610
00:37:13,840 --> 00:37:18,540
There is no contributory negligence
defense against a nonsmoker. No
611
00:37:18,540 --> 00:37:19,379
of risk.
612
00:37:19,380 --> 00:37:23,180
Not to mention the fact that my mother
died from your little cancer, stick
613
00:37:23,180 --> 00:37:26,940
-sheck corporate piece of filth, and
I'll make it my life mission to get
614
00:37:26,940 --> 00:37:29,640
won't stay for this. This cowboy tactic
won't fly.
615
00:37:29,960 --> 00:37:33,940
Oh, they will fly with the jury, Mr.
Flaherty. And you know why? Because I'm
616
00:37:33,940 --> 00:37:36,950
going to point at a man who's dying of
cancer who... whose lungs are corroded
617
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
618
00:37:40,550 --> 00:37:45,110
CEO of the company that gave him cancer,
a company that knew that smoke was
619
00:37:45,110 --> 00:37:49,230
poison, and by your own admission in the
deposition yesterday, a company that
620
00:37:49,230 --> 00:37:52,970
didn't even bother to check the dangers
of secondhand smoke. And why?
621
00:37:53,590 --> 00:37:58,870
Because instead of netting $62 million a
year in profit, you wanted to net 63.
622
00:38:00,730 --> 00:38:01,730
No.
623
00:38:02,280 --> 00:38:05,500
I don't think you'll want to seat
yourself in front of a jury, Mr.
624
00:38:05,740 --> 00:38:07,500
McGeary. I really don't.
625
00:38:08,380 --> 00:38:09,380
One fine.
626
00:38:09,440 --> 00:38:10,440
Totally sealed.
627
00:38:10,480 --> 00:38:11,940
No admission of liability.
628
00:38:12,300 --> 00:38:16,200
We draft a settlement to say whatever we
want. Check by end of business today.
629
00:38:16,660 --> 00:38:17,660
Let's go.
630
00:38:25,320 --> 00:38:27,420
Mother of Mary Ann Joseph.
631
00:38:29,120 --> 00:38:30,120
Hi.
632
00:38:31,820 --> 00:38:32,820
Got some time?
633
00:38:33,060 --> 00:38:35,860
Actually, I don't. I let everything
slide during Totten.
634
00:38:37,520 --> 00:38:38,800
Maybe I should make an appointment.
635
00:38:40,120 --> 00:38:41,120
Come on, Anne.
636
00:38:42,520 --> 00:38:45,520
Stuart, every time I walk into a room,
you walk out of it.
637
00:38:47,060 --> 00:38:49,800
You're always asleep when I come to bed,
or pretending to be.
638
00:38:50,640 --> 00:38:52,780
We haven't had a meal together in two
weeks.
639
00:38:53,000 --> 00:38:54,660
It's like you can't stand the sight of
me.
640
00:38:56,580 --> 00:38:57,580
I'm sorry.
641
00:38:58,180 --> 00:38:59,180
What's going on?
642
00:39:02,640 --> 00:39:03,660
I have to leave for a while.
643
00:39:05,940 --> 00:39:06,940
Leave?
644
00:39:07,440 --> 00:39:08,440
I have to move out.
645
00:39:12,960 --> 00:39:16,860
I know we have some problems, Stuart,
but we can work them out. Isn't sex,
646
00:39:16,920 --> 00:39:17,920
I wish it was.
647
00:39:18,780 --> 00:39:19,800
That we could talk about.
648
00:39:21,220 --> 00:39:23,180
Is it Gwen? Are you having an affair
with her?
649
00:39:23,380 --> 00:39:25,580
No, anything like that. Then I don't
understand.
650
00:39:26,620 --> 00:39:27,620
It's everything, Anne.
651
00:39:28,340 --> 00:39:29,760
You're watching me all the time.
652
00:39:30,440 --> 00:39:35,610
I can't work. too long. I can't eat
anything I like. I can't make love to
653
00:39:36,230 --> 00:39:37,470
It's like I'm already dead.
654
00:39:38,090 --> 00:39:39,170
I love you, Stuart.
655
00:39:40,530 --> 00:39:43,310
I don't mean to make you feel that way.
I won't do it anymore.
656
00:39:43,810 --> 00:39:45,990
I love you, too. It isn't about that.
657
00:39:47,290 --> 00:39:49,230
Well, then what is it about?
658
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.
659
00:39:59,310 --> 00:40:00,310
Fifteen years.
660
00:40:00,350 --> 00:40:01,590
I think this is the first.
661
00:40:02,060 --> 00:40:03,420
leisurely lunch I've ever had.
662
00:40:03,640 --> 00:40:05,100
Then I guess I should feel flattered.
663
00:40:05,300 --> 00:40:06,800
I'm the flattered one, believe me.
664
00:40:07,100 --> 00:40:12,400
I keep thinking to myself, a woman as
well desirable as you?
665
00:40:12,680 --> 00:40:17,580
Why me? I mean, I know this is just a
simple lunch, but why me?
666
00:40:17,940 --> 00:40:21,780
Truth is, what you said the other day is
totally true. I don't have many
667
00:40:21,780 --> 00:40:24,780
opportunities to meet corporate bores
outside the industry.
668
00:40:25,140 --> 00:40:29,240
Uh -huh. I also thought, as boring
corporate types go, you're kind of
669
00:40:29,240 --> 00:40:31,580
interesting. You didn't mind getting...
670
00:40:31,870 --> 00:40:33,510
Hit on like that? It's repulsive.
671
00:40:33,870 --> 00:40:37,330
But you were so inept at it, I knew it
wasn't something you did very often.
672
00:40:38,190 --> 00:40:40,090
You certainly are honest, I'll say that.
673
00:40:40,510 --> 00:40:42,770
Listen, I've had a great time.
674
00:40:43,650 --> 00:40:44,710
I'd like to do it again.
675
00:40:44,990 --> 00:40:45,990
You would?
676
00:40:46,290 --> 00:40:47,290
I would.
677
00:40:47,630 --> 00:40:48,630
I'll call you.
678
00:40:48,690 --> 00:40:49,790
I'll look forward to that.
679
00:41:03,370 --> 00:41:05,670
Mr. Poorman, has the jury reached its
verdict?
680
00:41:07,170 --> 00:41:08,530
No, Your Honor, we haven't.
681
00:41:09,050 --> 00:41:11,270
I beg your pardon? We're hung. We can't
agree.
682
00:41:11,510 --> 00:41:13,850
Well, let's get back in there and
deliberate until you do agree.
683
00:41:14,090 --> 00:41:18,190
Your Honor, the vote is six to six, and
there's no inclination by anybody to
684
00:41:18,190 --> 00:41:20,830
change their minds here. We've already
had a near fistfight.
685
00:41:21,330 --> 00:41:26,510
While I know you don't know me from
Adam, trust me when I tell you that this
686
00:41:26,510 --> 00:41:28,010
jury's never going to reach a verdict.
687
00:41:31,020 --> 00:41:34,740
This proceeding is declared a mistrial.
Members of the jury, thank you for your
688
00:41:34,740 --> 00:41:39,760
efforts. Parties can refile for a second
trial, but I seriously suggest that you
689
00:41:39,760 --> 00:41:40,459
get together.
690
00:41:40,460 --> 00:41:41,460
We're adjourned.
691
00:41:49,120 --> 00:41:50,120
Okay.
692
00:41:55,860 --> 00:41:57,220
We'll go to 50 ,000.
693
00:41:57,740 --> 00:41:58,538
No admission.
694
00:41:58,540 --> 00:42:00,620
$50 ,000 for my sister's life.
695
00:42:00,880 --> 00:42:01,880
That's an insult.
696
00:42:02,440 --> 00:42:04,580
You're looking at another trial, Mrs.
Klein.
697
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.
698
00:42:08,820 --> 00:42:09,820
I don't care.
699
00:42:10,040 --> 00:42:11,160
We'll take it under consideration.
700
00:42:11,560 --> 00:42:13,180
Victor. We should discuss it.
701
00:42:14,020 --> 00:42:15,020
You know my number.
702
00:42:17,700 --> 00:42:19,640
Ellen, I want you to know how sorry I
am.
703
00:42:20,340 --> 00:42:23,560
Barbara wasn't just a patient. She was
my friend for ten years.
704
00:42:23,920 --> 00:42:25,360
Then why didn't you help her, Stephen?
705
00:42:36,590 --> 00:42:37,590
I think we should settle.
706
00:42:38,110 --> 00:42:39,710
Keep quiet and walk away.
707
00:42:39,950 --> 00:42:44,310
The jury won't ever agree on this,
Ellen. The law just doesn't provide for
708
00:42:44,310 --> 00:42:48,310
battered women. And until it does, we
just can't nail guys like Harbaugh.
709
00:42:48,510 --> 00:42:50,750
It's not the law. It's the lawyers.
710
00:42:51,190 --> 00:42:55,190
If he goes to the police, the lawyers
scream libel. If he tells anybody else,
711
00:42:55,230 --> 00:42:57,470
the lawyers scream breach of
confidentiality.
712
00:42:57,930 --> 00:43:00,930
If he tries to counsel her, the lawyers
scream negligence because he's
713
00:43:00,930 --> 00:43:02,710
practicing psychiatry without a license.
714
00:43:02,950 --> 00:43:07,330
And then, when the lawyers got him so
scared that he just closes his eyes and
715
00:43:07,330 --> 00:43:12,430
lets an innocent person get killed,
along comes another lawyer to say that
716
00:43:12,430 --> 00:43:13,430
was right.
717
00:43:14,770 --> 00:43:15,770
Ellen.
718
00:43:22,990 --> 00:43:26,750
I'll take the settlement, Victor, but I
won't shut up.
719
00:43:27,260 --> 00:43:28,740
I owe Barbara that much.
720
00:43:33,480 --> 00:43:35,140
Should have seen David's face.
721
00:43:35,380 --> 00:43:37,800
A million bucks, he lit up like the sun.
722
00:43:38,640 --> 00:43:40,660
Okay, this one's payable to you.
723
00:43:41,060 --> 00:43:42,900
This one goes to the firm.
724
00:43:43,440 --> 00:43:46,280
$83 ,000 each. It's a pretty good
ending.
725
00:43:47,020 --> 00:43:48,300
What if it's not an ending?
726
00:43:48,780 --> 00:43:49,538
Beg pardon?
727
00:43:49,540 --> 00:43:54,200
Tommy, you just made over $300 ,000.
Certainly enough to put your life back
728
00:43:54,200 --> 00:43:58,820
track. But I bet between taxes, IOUs,
and Lord knows what other debts you've
729
00:43:58,820 --> 00:44:00,960
piled up, you'd be lucky to net half.
730
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
731
00:44:05,520 --> 00:44:08,700
trial lawyers I have ever seen. You are
also one of the biggest wastes of
732
00:44:08,700 --> 00:44:09,700
talent.
733
00:44:09,820 --> 00:44:13,460
I have just spent the last half hour
convincing Leland McKenzie that you
734
00:44:13,460 --> 00:44:14,460
help this place.
735
00:44:15,400 --> 00:44:16,740
You've got to be kidding.
736
00:44:17,040 --> 00:44:18,040
I am not kidding.
737
00:44:18,780 --> 00:44:22,640
If you let me rescue you from yourself,
as well as your administrative
738
00:44:22,640 --> 00:44:27,140
ineptness, you could spend all your time
doing what you do best, trying cases.
739
00:44:27,280 --> 00:44:28,580
You could actually make a living.
740
00:44:29,000 --> 00:44:32,880
Yeah, but I'm not the law firm type.
Structure makes me puke. Give it a
741
00:44:33,160 --> 00:44:34,760
What in God's name have you got to lose?
742
00:44:35,420 --> 00:44:36,660
Well, what would I be into?
743
00:44:36,960 --> 00:44:41,580
Well, I do like these silly staff
meetings, so you'd have to be in early.
744
00:44:41,580 --> 00:44:42,640
day? Every day.
745
00:44:42,860 --> 00:44:46,800
But apart from that, you won't be too
pinched, and you could personally see to
746
00:44:46,800 --> 00:44:49,320
it... That this place doesn't change me.
747
00:44:51,360 --> 00:44:52,540
What the hell?
748
00:44:56,620 --> 00:44:58,700
Hi. Hi.
749
00:45:03,960 --> 00:45:10,800
Anything I can do?
750
00:45:11,600 --> 00:45:13,380
Stuart's moving out.
751
00:45:13,820 --> 00:45:16,160
He's leaving. Not for good.
752
00:45:16,560 --> 00:45:18,620
He... Says I'm the problem.
753
00:45:20,220 --> 00:45:24,640
He doesn't know who he is when he's with
me. You love each other.
754
00:45:25,880 --> 00:45:26,880
You'll work it out.
755
00:45:28,060 --> 00:45:30,760
I don't even know if he wants to. Of
course he does.
756
00:45:31,140 --> 00:45:32,140
He never said so.
757
00:45:35,540 --> 00:45:42,520
Stuart used to have this look, like when
he'd see me, like he
758
00:45:42,520 --> 00:45:44,780
couldn't believe he was so happy.
759
00:45:46,120 --> 00:45:47,720
I never see that look anymore.
760
00:45:49,540 --> 00:45:51,440
You two have been through hell, Ann.
761
00:45:53,500 --> 00:45:56,120
But you'll work it out. You've got to
believe that.
762
00:45:57,000 --> 00:45:58,000
I can't.
763
00:46:00,780 --> 00:46:07,640
I've been sitting here trying, but I...
I just... I can't
764
00:46:07,640 --> 00:46:08,800
see him ever coming back.
765
00:46:13,200 --> 00:46:14,200
Hey.
766
00:46:14,600 --> 00:46:15,600
Hey.
767
00:46:17,460 --> 00:46:18,460
It'll be okay.
61504
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