Original subtitles

[ Christmas music playing ]

This is a staff meeting, Mr. Shore.

I realize that.

Why are you in a Santa suit?

It's after Thanksgiving.

Surely you're not suggesting I still dress as a pilgrim.

And who is this?

She's my elf.

Sometimes, especially after Santa's been drinking,

he needs a little helper.

Have you been drinking today?

No. Today, I just brought her for amusement.

My doctors are concerned

these staff meetings could cause me to lapse into a coma.

I see.

Well, since privileged information is exchanged

during these staff meetings,

your helper will have to leave.

Would you wait in my office, dear?

Sure.

Actually, there is that walk-in. He's waiting in reception.

Maybe Alan should take that.

Perhaps you're right.

A wrongful termination...

A guy was fired as a department store Santa.

I mean, since you seem to have such a connection

with the subject matter.

I'll do it.

I've always wanted a Santa case.

Oh, this is much more right for Alan.

I said I'll do it.

Where is he?

Uh, in reception.

Gil furnald.

That's me.

No, it isn't.Yes, it is.

No, it isn't.

[ Sighs ] Ho ho ho.

Deal with it.

Alan. Tara.

What's with the woman?

What woman?

What woman? The one you brought to the staff meeting.

She's my elf, Tara. I thought I was quite clear on that.

Yes, very amusing. Why is she here?

Well, it seems I've put on a few pounds since last year.

So she brought me my new suit. I do some work

with the salvation army. We work as a team, actually.

Is there a problem?

Not at all.

But...

Not that I've been doing background checks,

but I have a friend

who evidently knows an old friend of yours, and...

And...

You once cohabited with a little person.

Two lovely years. I lived with her for three.

Do you have a thing...

For little women?

I have a thing for women.

You've never fallen for someone shorter than you?

Well, I believe I'm involved with one now.

Either you're mistaken, or I'm jealous.

It's just very difficult to reconcile

being drawn to a person I consider...

Well, repugnant.

What, you think you're the first good girl

to fall for a bad boy?

Is my problem annoying you?

No. I'm sorry.

I-I just meant to convey

it's very common for women to be attracted

to men they don't admire. What could be at play here...

There are qualities in yourself you don't like,

or qualities about Alan shore you wish you had...

That isn't it. I like myself just fine.

I saw that.

Uh...

Look, this... is not a great day for me.

Perhaps we should reschedule?

Okay.

Is everything okay?

Yeah.

Could I speak to you as a lawyer?

Uh... sure.

But you're gonna have to face the little clock towards me.

This is all privileged, right... lawyer, client?

Of course.

Look, I-I have a patient

who's been with me for almost four years now.

And he, um, he habitually speaks of fantasies...

Things he plans to do.

They're typically idle ruminations, I suppose,

to make him feel better.

Lately, he's been talking about murdering his ex-wife.

And at first, I thought, harmless chatter again.

But there seems to be such a resolve.

Lori, I can't be sure that it isn't real this time.

This man may very well be planning to kill his ex-wife,

and I'm just not sure what to do.

[ Sighs ]

I just like wearing women's clothes sometimes.

It's not a sexual turn-on.

Well, it just feels right sometimes.

So, basically, you're a sicko.

I'm not sick.

Lighten up, man.

So, what, you got caught in a skirt, and that was it?

My employer found out, and, yes, I got fired.

They asked me a lot of questions,

like whether I'm gay.

Are you?

Not that there's anything wrong with it.

Yes. But that does not make me an unfit Santa.

Criminal record?

No. No, no, no, no, no.

And there's never been any incident.

I have been a good Santa for eight years.

A great Santa.

I can show you the letters.

There are kids and families

who have specifically come back for me.

And I thought, this is wrong.

I should not lose my job because of how I like to dress.

Does he know you taped him?

No, I'm just full of ethical violations.

It's important that I do it with my hands.

I don't know why. You could probably tell me why.

But, see, the thing is,

I don't want to shoot her

or, uh, poison her or hit her with a car.

No.

It needs to be by strangulation.

Do you have any guess as to why?

Well, for one,

I actually want to feel the life going out of her,

I mean, with my hands.

I want to feel her body go limp.

Also, I want her to experience it.

I want her to know that she's dying,

and I want to see her eyes as I do it.

And how do you know that this isn't just talk?

I keep telling you, I don't know.

I mean, he's often fantasized.

Last year, he spoke of blowing up his boss.

But his demeanor here...

As I said, there's a certain resolve

that really concerns me.

Have you shown this to any other therapists or...

No. No, no, I am the only one who can make that call.

And your call is it's possible he's going to do it.

Do I tell the ex-wife?

Well, I'm sure you know the law on this as well as I do.

I mean, you have a duty to warn the victim

if you're reasonably certain she's in physical danger.

But falling short of being certain...

You honor doctor-patient privilege.

This just seems crazy to me.

I mean, which side is better to err on?

A trial... today?

Well, it's not exactly a trial. It's an evidentiary hearing.

But I'd need to testify?

It's the only way you can get a restraining order.

We'll lose the dress, by the way.

Coat and tie.

Alan, excellent!

Alan, Gil furnald...

Alan shore.

Turns out that my Santa Claus

is a sort of cross-dressing sicko.

He's more... you.

He is absolutely more me, Denny,

but unfortunately, my schedule...

Alan.

I have trouble with this sort of subject matter.

You're homophobic.

It's not that.

What is it then?

It's my father.

Sometimes he wore dresses.

He called it a kilt

and sang all those Scottish songs,

but we knew.

Please. The hearing's at 2:00.

Hello.

Hello.

Sally, could I trouble you to do a quick background check?

I realize we haven't spoken much since we stopped having sex...

And, frankly, i'm... dismayed by that.

But what I need to know

is everything you can find out about my new client.

Here's his name, address, and social security...

Is it true you're taking over the Santa case?

Yes, I am, Bradley. Is it of interest to you?

No, but it could be...

If we say, bet on it?

Another wager.

Why not?

And would you already have stakes in mine?

I keep thinking about your elf.

How about if you win, I become your elf for the day,

but if you lose, you become mine?

Complete with the costume...

Of course. And bells.

Oh, can't leave out the bells.

Alan, hey, can I steal you for a second?

A second? A minute I could maybe do,

but a second would be pushing it.

Would you like me to push it?

You are so disgustingly vulgar.

It's important.

This is Dr. Konigsberg... Alan shore.

Hello.

Oh, Alan shore.

Uh, Dr. Konigsberg has a patient

who talks about killing his ex-wife

and could be serious about it.

"Could" is the operative word. I can't be sure.

Obviously, there are some exposure problems.

I mean, if the guy does do it, and it was learned

that Dr. Konigsberg knew of the risks beforehand...

The first thing I'd check is his malpractice policy.

You don't want to do anything to void coverage.I've done that already.

What's your specialty? Couples counseling.

I first saw the client and his wife together.

Since their divorce, I've been working with him alone.

So they came to you to improve their relationship,

and now one wants to kill the other.

Not your best work, was it, doctor?

And you're seeing Dr. Konigsberg for what?

Uh, just to deal with...

As a lawyer, he hired me.

He's a very mischievous man.

Look, can we stick to the case, folks?

Since the proposed victim was or is a patient,

you've got real duty problems.

If the threat is real and you don't tell her...

But I can't be sure it's real,

which means my duty is to the patient.

Can you have another therapist meet with him, perhaps,

get an objective opinion?

I've tried. No therapist will go near it

for fear of potential liability.

Well, if it were me, I'd meet with him myself,

pretending to be one of your colleagues.

That's hardly an option.Why? You need objectivity...

You can't go there pretending to be a doctor.

Of course I can't because I'm in trial, but you can do it.

Oh, sure, and get disbarred? I'd likely lose my license.

Oh, well, silly me.

I was thinking about the ex-wife.

If it's merely a bar card and a medical license

you're looking to preserve, you first opine to Lori

that you're not at all convinced the man intends

to follow through on his threats,

then you draft an opinion letter to the doctor

telling him he need not disclose.

Your respective asses will be covered, and everybody's happy,

assuming you like your asses covered.

Personally, I love the feel of a stiff breeze

against my rosy cheeks.

In any event, pardon my misunderstanding.

I thought it was potentially human life at stake.

Oh.

Sylvia.

What do you want now?

Why do you always think I want something?

Why couldn't it be that I just want to see

the smiling face of the prettiest girl

in the clerk's office? What do you want, Brad?

I need a small favor. Tiny.

But, first, please can I see that smile?

God...

If I were 10 years younger...

Or 10 years older. What's the favor?

There's a motion scheduled for this afternoon.

Furnald vs. Gordon's department store.

A lawyer named Alan shore is seeking injunctive relief,

unlawful discharge.

I need this case to fall on judge hingham's docket.

Judge hingham? Why would you want him?

Because he's just right for this one.

Exactly what kind of case is this?

A homo... sexual?

That's where we're at now?

Santa clauses being played by homo... sexuals.

I believe "homosexual" is one word, judge.

But to avoid confusion, let's say "gay."

Let's say "transvestite"

because that was the stated reason...

Well, if dress code is the issue,

my client promises to comply with...

A homosexual transvestite...

You want me to allow children to sit in his lap?

Exactly. Oh, boy.

Gordon's department store certainly supports

Mr. Furnald's right to choose who or what...

That's a lie. You fired him as soon as he told you he was gay.

No, we fired him for cross-dressing,

which is considered a fetish.

He's played Santa for eight years without incident.

In fact, he's received glowing praise from both parents

and employers.

Would you sit in his lap?

Sure. Why not?

And he hasn't gone homo erectus on me

if that was your fear.

You're making entendres.

Disgusting, sick innuendo entendres.

I'm not going to put an innocent child

in the lap of an unnatural Santa Claus

who dresses in female attire.

There is a sanctity to the tradition of Christmas.

It is perhaps

themost sanctimonious holiday there is.

Then clearly you should be its poster boy.

Motion for t.R.O. Denied.

I'd at least like an evidentiary hearing,

so that I may present... denied.

Denied, denied, denied.

Why did you do that? You antagonized him.

Actually, he antagonized me.

This job means something to me, Mr. Shore.

Your honor.

I have made my ruling.

Yes, based on what youthink my client is

or what the defense has presented him to be.

I ask you to at least hear from him

before you take away his livelihood.

10 minutes as to why he'd make a good Santa.

Please.

I'll give you 10 minutes.

Five for direct, five for cross.

I don't understand why she's here.

I explained it, Brian.

When a patient makes a credible threat

to commit violence, my colleague is here to observe

because imay need counsel.

Why? You should've told me this before.

Brian, would you tell Dr. Harper

why you want to kill your ex-wife?

I have no intention of killing her.

You don't?

Of course not.

Murder is illegal in Massachusetts.

So when you were saying these things to Dr. Konigsberg...

I never said them. Dr. Konigsberg is mistaken.

I also have absolutely no intention

of paying for two therapists.

Goodbye.

Clearly he's a little hostile.

Well, he's angry over you being here,

and I-I can't say that I blame him.

I don't know if there's enough to go to the police,

but I think you should at least tell his ex-wife.

Will you go with me? Me?

Lori, I'm about to break privilege,

and I could very well be sued for it.

This is treacherous ground,

and I would like my lawyer present.

So please do this with me.

[ Christmas music playing ]

I'm afraid my words are having little impact.

Yours will have to.

Okay.

You said this job means something to you,

and you seemed rather impassioned. I am.

You have a college education, Mr. Furnald.

You do well in your computer job.

Why is this part-time employment so important?

I don't know.

Yes, you do.

I suppose,

as a kid... a gay kid...

Who liked to wear dresses...

That club is very small, by the way.

Most cross-dressers are heterosexual.

Anyway, um,

as a kid who...

Felt like he didn't belong anywhere,

I would throw myself

into all the make-believe that goes with Christmas.

Hmm.

As safe retreats go,

I suppose it helped me survive.

And it still does.

Should I say that tomorrow?

Say all of it.

Would you tell?

I don't know.

I mean, if it's a fantasy...

What if it's not?

The benefit of the doubt has to go to privilege.

Even when the downside is death?

I'm not saying that it's an easy call.

He got a hearing.

Sorry?

Shore, the cross-dressing Santa Claus.

He actually got a hearing.

Don't you think you're taking this bet thing

a little too far?

I'm not making a big deal about this.

I'm just making conversation here.

Brad,

you don't like Alan, do you?

I don't give the guy a thought

one way or the other.

Can I say something to you as a friend?

You've seemed kind of knotted up

ever since he got here.

It might help you if you just

let your feelings out a little.

Come on, it's late at night,

you're having a beer with a buddy.

Tell me how you feel about Alan shore.

I don't like him.

You can go deeper than that. What do you feel, Brad?

I hate him. He mocks me.

Deeper?

He mocks our commander in chief.Deeper.

He's got a putty ass and a flabby body,

and I can't understand why women would rather

sleep with him than me.There, it's out.

And that includes you, by the way.

First of all, I don't sleep with colleagues.

You're ducking the issue.I am not.

I have no interest in ducking either one of you.

We've gone deep enough.

I really need to win this bet.

According to employees at Gordon's,

Gil furnald gets nothing but raves as Santa.

Oh, come on, would you sit in his lap?

Why does everybody keep asking me that?

Tough break drawing judge hingham.

Who'd ever imagine that?

Brad,

did you have something to do with my drawing judge hingham?

That would be dirty pool.

I actually want to feel the life going out of her.

I mean, with my hands.

I want to feel her body go limp.

Also, I want her to experience it.

I want her to know that she's dying.

And I don't want it to be instant.

I want her to actually have the thought,

"my god, he's killing me."

And I wanna see her eyes as I do it.

What's happened to him?

Let me reiterate.

He's talked like this before

without ever going through with it, obviously.

Many people fantasize...

For him to even speak this way, this is not Brian.

He is a docile person.

I realize that.

This might also simply be talk...

Safe talk that allows him to feel strong.

Sometimes the weaker the person's constitution...

Is he going to kill me?

Mary, I'm here because I don't know.

I really don't think so,

but you are the one person

that knows him better than I do.

I've never heard him talk like this, ever.

Did you tell the police?

It's tricky, Mrs. Stevens.

This is doctor-patient privileged stuff.

We shouldn't even be telling you this.

He plans to kill me, for god's sake.

Which is why we are telling you,

on the possibility that these threats...

I'm calling the police.

I'm not sure that they could do anything at this point.

I mean, they certainly can't arrest him

for things he told a therapist in confidence.

What I would suggest...

Let Dr. Konigsberg continue to monitor the situation.

He's seeing your ex-husband every day.

If things progress further, we will call the police.

In the meantime, maybe you could stay with a friend...

I have animals, I can't...

Or get a friend to stay with you.

I've been sitting in that chair as Santa for eight years,

and I have been an exemplary Santa.

People will tell you...

Even if they don't shop at Gordon's,

they come to see me.

For how many of those eight years

have you been dressing as a woman?

All of them.And in all this time,

had your cross-dressing ever been an issue a work?

No, I was always in the Santa costume.

People never even knew.

It was always my intention

to keep my worlds separate.

So, it's been my secret.

But your secret got out.

Last week I had a boy in my lap,

8 years old.

I asked him what he wanted for Christmas.

He said, "Santa,

please make me normal."

He was starting to cry as he said it.

He said, "make me normal."

Yes, he said, um, he said he was sick.

He said that he liked to wear girls' clothes,

and he was sure he'd go to hell.

And I said,

"son, you're not alone.

And you're not sick."

And I told him about me.

Thank you, sir.

So, while on the job,

you told an 8-year-old boy

that Santa is a cross-dresser?

Yes.

Did the judge rule?

No, miraculously, I persuaded him

to let me give a final statement,

though I have no idea what to say.

The fact that he told a child he's a cross-dresser...

I never should have put him on the stand.

I've got to somehow make this a gay issue.

Personally, I think you'll look very sexy in the elf outfit.

I have no doubt, yet I don't wanna lose.

I've grown attached to this Santa.

Brad seems pretty happy. Does he have reason?

Denny, you said if I ever had

another hail Mary emergency, you'd make the call.

Really. Are you sure?

I need you to make the call.

And what's this about? It's extremely delicate.

Though privilege typically extends to the whole firm,

I have assured him that this would go no further

than you and me.

Okay.

Meet Brian Stevens.

Brian, this is the attorney I...

What's going on?

This is your client? You're an attorney?

Um, yes.

You said you were a doctor!

What the hell is going on?

Uh, Paul, we have a conflict.

I represent the therapist who was treating Mr. Stevens.

She's the one who went to my ex-wife.

She's the one who told Mary I planned on killing her.

She pretended to be a doctor!

He can see you for about five minutes.

After that, his day is completely...

Five minutes is more than enough.

You can go in.

Thank you.

Thank you so much for agreeing to see me.

My name is Alan shore, and I...

Go.

My name is Alan shore.

Perhaps you'll remember...

Everyone has a name, son.

I'm not interested in yours.

You have five minutes because you know him.

Bill Clinton?

Ah, well, you'll remember at the behest of Mr. Crane,

you made an appearance in one of my cases

involving an African American little orphan Annie,

and you were extremely effective.

"Give us a black spider-man, give us a black Superman

who can leap tall buildings"... all the big icons.

Now I have another case, featuring a gay man

who's being discriminating against.

And this one involves the biggest icon of them all...

Santa Claus.

My problem is the judge.

His tiny brain has been calcified by intolerance.

However, he's certainly a slave to public opinion...

As judges tend to be.

But I can't really move the public.

You can.

Do you understand what I'm asking?

You want me to be your rabbit.

I want you to be reverend al sharpton

in all his massive glory. I want you to charge in there,

say "give us a gay Santa Claus,"

and button it with three "god almighties."

Stop.

I don't do things big. I'm subtle.

Yes. Three "god almighties."

Look, I've written it all out for you.

Give that a look-see.

I've seen you move mountains, reverend.

I need you to move

this one tiny-brain judge.

Please.

Pretty please.

Denny crane.

You got sharpton?

I don't know. He said he'd think about it.

Does he just do this kind of thing now, for lawyers?

He does it for Denny. Let's hope he does it for me.

All set?

You don't want me to miss the ruling, do you?

Got the costume.

My god,

to impersonate a doctor.

I thought a human life was at stake,

and I didn't know...

It doesn't matter, Lori.

You're suddenly going to start playing Solomon

and break rules... sacred rules...

Whenever you see fit?

I could be disbarred for this.

You? Why?

For not turning you in.

I'm sorry, Paul, I just...

I'm sorry.

I think it's this Alan shore character.

Ever since he got here...

This has nothing to do with Alan shore.

I'm not influenced by him.

You used to be influenced by me.

Tell me what you want me to do.

I'll resign if...

Just tell me what you want.

First, I want you to apologize to Mr. Stevens.

I did that. Well, you need to do it again,

and hope to god he doesn't sue us.

How long have you known this man, Paul?

Years... only through work.

But he doesn't strike me

as being capable of violence,

if that's what you're asking.

I'll get him back in here.

And on the chance that he could be violent,

when you apologize,

I will be in the room.

And for the sake of humoring me,

let's stay completely away from Alan shore.

What's all the media doing here?

I have no idea.

All rise.

Uh-oh. What?

We're 10 minutes early.

Man: Please be seated.

Mr. Phillips, have you got anything to say

before I listen to him?

Mr. Furnald was fired mainly because my clients feared

he'd share his secret proclivity with a child...

Which, by his own testimony,

is exactly what he did.

I object to that summation. It was entirely too short.

What?

I'm only worried for you, your honor.

If you're inclined to rule against us,

he's got to at least give you a good argument

to hang your hat on.

So, it looks good to all this media.

Did you notice the media here?

Are you on drugs? You've got 30 seconds.

That's what I was afraid of.

Your honor, the child in question...

Who my client shared his secret with...

That child was in pain.

Being a good Santa Claus,

Gil furnald sought to relieve that pain.

By telling him he was a homo... sex... ual?

Those three little words again.

He did not tell the boy he was gay.

He only said that he also liked to dress in female attire...

Why does he keep looking back here?

I have no idea.

He encouraged the boy not to feel that he was sick.

He urged him not to feel alone.

It was a one-time occurrence

strictly intended to speak to the heart of this one child.

There is no evidence

that this man has committed any wrongdoing,

nor is there any compelling evidence

that cross-dressers are inherently lascivious,

and the defendant knows that.

Cross-dressing is but a pretext

that the defendant has hung its hat on

to disguise the fact that Gil furnald was terminated

because he is gay.

Last time I checked, it was not a firing offense

for a civilian to be either ho, mo, or sexual.

All right, already, I've heard enough.

I'm going to rule on this.You can't rule yet.

Why not? I don't know.

Well, what if, say, some big celebrity

were to come charging through the door?

Sorry I'm late, judge, I'll make this quick...

And subtle.

Who the hell are you?

The image of Santa Claus has been crafted

for hundreds and hundreds and hundreds of years.

We're supposed to be in a different day.

Give the world a black Santa Claus.

Let the people have an African American

come down the chimney bearing joy and good will.

Gay, not black.

The prejudice against gay people must stop.

We all say we're for gay rights,

we all say we accept homosexuality.

But give a gay man a hug, sit in his lap...

Who is this man?

Let the bells of tolerance ring out this Christmas.

Let people open their minds

as they open their presents underneath the tree.

We need your mind, judge, today.

Let the gay man be my brother,

be your brother, be the schoolteacher,

be the construction worker.

Give the world a gay Santa Claus,

god almighty, god almighty, god almighty.

Leave out the cookies and the milk this Christmas Eve

for a Holly jolly homosexual, god almighty.

And cut.

I threw in one extra.

Thank you.

[ Christmas music playing ]

One of the reasons why I've been

such an even-tempered business man

is because I've been able to find an outlet...

A safe confidential outlet with my therapist.

But you must admit,

threatening to kill your ex-wife like this, it is...

Ms. Colson, I've been in therapy since I was 16.

I spent most of those sessions

planning on how to kill my father.

They're rants. They help me get the anger out.

This is gonna ruin me.

Mary acts on hysteria.

She's gonna panic, and this is going to get out.

Let us talk to Mary.

Perhaps we can settle her down.

I'll lose my job if this goes public.

Let us try to unring this bell a little.

Okay.

We need to fix this.

How?

We go to the wife,

and we explain that you overreacted.

She saw the tape for herself, Paul. It's not gonna...

We further explain that people say things

to their therapists that sometimes...

We did that.Well, we'll do it again.

Where does she live? Weston.

We'll leave here at 5:00.

[ Ding ]

[ Bells jingling ]

I don't wanna talk about it.

You won?

Judge hingham, horror that he is,

bowed to public sentiment and reinstated Gil as Santa.

And, if you don't mind,

I would like to get back to work as soon as I can.

Could I steal you for just a minute

in private?

Sure.

Listen, um,

thank you,

not just for getting my job back,

but, well,

it's not often that you meet a lawyer

with a soft spot for cross-dressers.

Well, now you have, Mr. Furnald.

It wasn't that so much.

It's just from everything I've heard,

you are a magnificent Santa Claus.

Thank you.

You're quite welcome.

I guess you should take the lead with her since you know her.

I also know her lawyer.

All I can say is I hope she hasn't contacted him yet.

'Cause if he should get a hold of this...

What the...

Dear god, no.

What happened? Homicide.

The ex-husband just showed up, and...

Where is he? He's represented.

I don't think a lawyer's gonna help him, counsel.

I want to speak with him.

I don't think that's gonna happen, either.

He's over there.

What happened?

He showed up.

She says he came here to kill her,

said she fired in self-defense.

Mary.

Am I gonna need a lawyer?

What happened?

He showed up,

said we needed to talk.

I didn't trust it, you know,

after what I saw on that tape.

I got the gun out of the drawer,

told him to leave.

He said he just wanted to talk.

I told him, "get out."

And then he started walking toward me.

And you shot him.

He was gonna kill me, right?

You told me.

He was gonna strangle me.

Promise me I had to do it.

Promise me.

Alan: Next on... I'm uncomfortable working with Tara.

Because I used to sleep with Alan shore and now she does.

And she wants to.I do not.

I'll ask the questions this afternoon.

I'm questioning the doctor.No, you aren't.

Yes, I am. No.

You'll need to open your briefcase, sir.Alan!

Alan!