Written By: David E. Kelley

We open at the police station.  Mike McGuire, Richard Bay and another
man walk through the doors and into an interrogation room.  Inside sits
Alan Neel.  They close the behind them and shut the blinds.  Neel looks
very nervous.  Mike sets a tape recorder down in front of him.  Neel
says he asked for his lawyer.  Richard introduces the other man to him
and Bernard Shanly, a public defender.  Neel says he doesn't want a
public defender, that he asked for Bobby Donnell.  Bernard says to him
that he advises to just listen.  Neel says for him to listen and beat
it.  

Mike tells Neel to shut and listen and just don't talk for a
second.  Mike looks at Richard who nods as if giving him a signal.  Mike
sits down beside Neel and tells him he has a problem.  He tells him that
the man he killed was a bit of a security freak, that he had cameras and
that one of them picked him up entering his house.  He tells Neel that
Hinks also managed to activate his phone answering machine which
partially recorded an exchange between the two of them.  With that Mike
turns on the tape recorder.  The tape plays.  Neel:  "You picked the
wrong girl to terrorize. Bobby Donnell's a friend of mine.  We've got
kind of an arrangement going - I kill people, he gets me off.  Over the
years I'm in his debt pretty good so when he calls in a favor..."
Hinks:  "I have a silent alarm, the police are on their way as I
speak."  Neel:  "Then I better not waste time."  Hinks:  "Before you
touch me you should know, I have cooties."  Neel:  "Oh you're a funny
boy."  Hinks:  "Please!"  You hear the sound of a struggle until the
tape ends.  Mike says to Neel "You see Alan.  I don't think that Bobby
Donnell is the lawyer you want me calling."

Opening credits.

We're at the office of Donnell, Young, Dole and Frutt.  Lindsay is
standing smiling as Rebecca and Jimmy are laying their hands on her
stomach.  Lindsay asks if they felt that.  Rebecca sort of jumps and
says she felt it.  Jimmy says he didn't.  Lindsay moves his hand and
says what about that?  Jimmy smiles and says that he felt, and asks if
that's normal.  Bobby looks over at them smiling broadly.  Ellenor walks
by and asks Jimmy how come he never asks to feel her stomach.  Jimmy
says don't start with him.  The phone rings and Lucy answers.  She turns
to Bobby and says Alan Neel.  Bobby pauses for a moment and then asks
what about him.  Lucy says he's been arrested for William Hinks'
murder.  Bobby looks only mildly surprised.  Lindsay and Rebecca both
turn and look at him looking very surprised.  Bobby says arrested when?
Lucy says last night, that they have him in lock-up and he's being
arraigned at 9:00.  Jimmy turns to look at him.  Bobby just stands
there, not saying a word.

At the jail, Alan Neel is pacing nervously in his cell.  A guard brings
Bobby in and shuts the cell door behind him.  Neel nervously says
Bobby.  Bobby tells him to calm down.  Neel tells him they know, that
they've got it on tape.  Bobby tells him to keep his voice down.  Neel
says he had some recorder thing going.  Bobby asks who.  Neel says
"Hinks, the guy you had me whack."  Bobby says "Hey, I didn't have
you..."  Neel yells that they have it on tape.  Bobby again tell him to
calm down.  Neel says that they want him to turn state against Bobby.
Shocked, Bobby says what?  Neel says that have him on tape telling how
he sent him.  Bobby asks who wants him to turn state.  Agitated, Neel
says the cops, and that midget D.A..  He says they have them both.
Bobby asks him what exactly do they have on tape.  Neel says him telling
Hinks that Bobby sent him.  Bobby steps closer to Neel and says in a
hushed tone that first, he never sent him to kill Hinks.  Neel says oh
come on.  Bobby says he said scare him.  Neel says oh come on Bobby!
Bobby says he never sent him to.....  Neel says come on, they're in deep
here. and if he's going to turn against him.... Bobby says he's not
turning against him.  Neel says ok then, they need each other, they're
in trouble so look, "let's just get on the same page here and admit you
had me kill the guy."  Bobby looks at him as if a light bulb just when
on in his head.  He just glares at Neel.  Neel asks him what?  Bobby
firmly, but softly, says he did not have him kill him.  Then just
staring into his eyes he says "I'll be seeing you Alan."  He backs away
from him, staring at him the entire time, and calls for the guard.  Only
when the guard opens the cell door does he turn his back on Neel.  He
walks out of the cell, looking worried.  He gets just steps away when
around the corner comes Mike, Richard and a uniformed policeman.  He
stops as the walk up to him.   Mike looks at him and says his name -
Bobby Donnell.  Bobby looks at him and asks what is going on.  Mike
looks none too happy about what he is about to do and tells Bobby he's
sorry.  Richard says to him firmly  "Mike."  Mike glances down at him
and then says to Bobby "You're under arrest for the murder of William
Hinks."  The uniformed cop starts to cuff him.  Bobby looks as if he has
figured out what just went on in Neel's cell.  Mike gives him his
rights.  Bobby stands there looking worried.  Neel stands alone in his
cell, leaning up against the wall, looking a little upset himself.

Back at the office Lindsay has apparently just found out.  Shocked she
says what?  Lucy says it just happened, that he's being arraigned this
afternoon.  Eugene is walking toward the door saying he's on his way.
Lindsay grabs her purse and says she's going too.  Eugene tells her no
she's not.  Lindsay defiantly says he's her husband, she's certainly
entitled to...  Eugene tells her she's 7 months pregnant.  Lindsay says
so what?  Ellenor stops her and tells her Eugene is right, that she
doesn't want to stress herself into miscarrying, that she should stay
here.  Lindsay looks very worried and scared, but defeated.  Eugene
tells her he'll call her and tells Jimmy to come on and they leave.  As
they do, a woman walks in the door.  Rebecca sees her and recognizes her
as a friend - Karen.  Karen asks Rebecca if she can talk to her.
Rebecca says sure and asks her if she's ok.  Karen says she thinks she
would like to hire her, is she free.  Rebecca motions to the conference
room and says let's go in here.

In the conference room, Karen is telling Rebecca that its their fault,
why shouldn't they take responsibility, that she's a widow because of
them.  Rebecca says maybe they should, but to hold an employer liable
for an employees suicide...  Karen says they worked him so hard, that
they verbally abused him.  Rebecca says law firms push associates all
the time, that they all work long hours.  Karen says this goes beyond
that.  Rebecca say they both know that Keith suffered from depression.
Karen says which they were responsible for.  Rebecca asks if any doctor
said that.  Karen looks at her and says that she is her friend and if
she won't help her...  Rebecca says of course she will help her but
she's just saying that her husband suffered from a pre-existing
mental....  Karen says that the law firm drove him to suicide and she
wants to sue them.  Rebecca looks at her friend and asks if it was
foreseeable to her that Keith was going to take his life.  Karen shakes
her head and says no.  Rebecca says then how do they argue that it
should have been foreseeable to them.  Karen says please, that she just
needs to do this, that she needs her help.  Rebecca says all right, let
her set up a meeting.  Karen says she would like to file a complaint
contemporaneously with the meeting to let them know we're serious.
Rebecca says just first let her...  Karen cuts her off saying no, just
file the complaint and then they'll meet with them and go from there.
She says it can just be boiler plate but it will send a message.
Rebecca says ok, but that she's only doing this out of their friendship
but that as a lawyer she doesn't see much merit in this case.  Karen
says they killed him, that they drove him to take his life.

At the jail, Eugene and Jimmy are meeting with Bobby in a cell.  Bobby
says he guesses they're going solicitation, that he kind of went into
shock when he was reading him. Eugene says wait a second, Alan Neel
really did kill Hinks?  Bobby nods his head and says yes.  Eugene asks
him how they connect it to him?  Bobby says he met with Alan the night
before, that he told him to scare Hinks.  Eugene says what do you mean
you told him to scare him.  Bobby says he just told him to...  Eugene
says scare Hinks?  Bobby says yes Hinks.  He says he killed his shrink,
he was threatening Lindsay.  He says he told Alan to put the fear of God
in him, and now Alan is evidently claiming that he asked him to kill
Hinks.  He says Neel was wearing a wire, that he thinks he has made some
kind of deal, and now they're after him.  He sounds scared, very
scared.  Eugene and Jimmy look as if they cannot believe what he has
just told them.

In the courtroom they are announcing the beginning of Bobby's
arraignment:  "Case 32899 - Commonwealth versus Robert Donnell.
Breaking and entering with intent to commit felonious assault,
conspiracy to commit murder and felony murder and murder in the first
degree."  While the charges are being read, Bobby is lead in in
handcuffs.  At the mention of the charge of felony murder, Jimmy looks
back at Jimmy with a worried look on his face.  Lindsay sits in the
gallery watching the proceeding intently and with great concern.
Eugene  says "Eugene Young for the defendant.  We enter a plea of not
guilty on all counts. I also ask that my client be released on his own
recognizance."  The D.A. says that due to the severity of the charges
the Commonwealth opposes bail.  Eugene says that Bobby is not a flight
risk, nor is he a threat to society.  The D.A. says unless you get him
mad.  Eugene looks at him and says he doesn't find that funny.  He then
continues, saying that obviously Bobby has strong roots in the
community, that he is a respected member of the bar...  The D.A.
interrupts, saying that he doesn't know to which bar is colleague is
referring.  Richard sits at the prosecution's table, enjoying this all
just a little too much.  The judge says that he is setting bail at
100,000, 10,000 bond.  He says they will conference later to set a trial
date and asks if there is anything else.  The D.A. and Eugene look at
each other and the judge adjourns the court.  Lindsay jumps up and goes
over to Bobby.  Jimmy is already there telling him that they will get
the bail and it will take about an hour and he leaves.  Seeing Lindsay,
Bobby says hey.  Lindsay sorts of rubs his chest and asks if he's ok.
Bobby says yeah.  The guard who brought him in says he has to take him.
Lindsay tells him she's going with him.  The guard says he doesn't think
that that's....  Lindsay cuts him off, telling him not to think then,
that she's going.  Bobby looks as if he wants to tell her not too, but
knows better.  The guard looks as if he knows he's been defeated.  They
walk away, Lindsay's hand on Bobby's shoulder.

Eugene and Jimmy are talking.  Eugene says did you hear the counts?
Jimmy says yeah.  Eugene says they aren't just going solicitation,
they're charging first degree.  Jimmy looks very worried.

Commercial.

Back at the office, Rebecca is talking on the phone.  She is saying ok,
4:00.  She thanks the person she is talking to and says she'll see them
then.  She hangs up and says to Ellenor that there's a surprise, he's
coming here.  Ellenor asks who.  Rebecca says the managing partner of
the law firm Karen wants her to sue.  Ellenor says to her not to get her
wrong, that she loves the underdog but....  Rebecca says she's a friend,
she wants to do it, that maybe she can scare up some nuisance change,
who knows.  At that, Bobby, followed by Lindsay, Eugene and Jimmy walk
through the door.  None of them look too happy.  Bobby and Lindsay walk
straight into his office without saying a word.  Lucy asks Eugene and
Jimmy how it went.  The looks on their faces tell her it did not go
well.

Back at the D.A.'s office, there is a conference going on with the head
D.A. in front of a board with pictures of Alan Neel and several cards in
various colors on it.  He is talking to about 5 other D.A.s, including
Richard. He says that obviously it all comes down to the credibility of
Mr. Neel - he points to his picture on the board.  He says that the
reason for this assemblage is that he does not want this one slipping
away, that Robert Donnell is an enemy to this department, that 3 years
ago he tipped off his drug clients to a police raid that led to the
shooting death of 2 officers, that he has routinely manipulated the
judicial process to prevent murderers from being incarcerated and he has
embarrassed them all while doing so. [In other words, Bobby is better at
his job than the D.A.s are at theirs!]  The D.A. continues, saying that
as far as this office is concerned, this prosecution is payback.  He
says that they will all be assigned specific roles....  Richard
interrupts him, saying that nobody wants to beat Bobby Donnell more than
he does but this thing being politicized.  The head D.A. says I beg your
pardon?  Richard continues, saying that its one thing to charge him on
the facts of this case, but his previous history with department should
have no bearing on this prosecution and he thinks that the departmental
vendetta...  The head D.A. says that is not what this is.  Richard says
that it sure sounds like it.  Annoyed, the head D.A. says that Bobby
Donnell's previous history with this department is only relevant to the
extent that it will played up in the press.  He says that given the
added attention to this case he is concerned from a public relations
stand point and therefore he thinks its important that they all do a
good job.  Richard looks at him and says "That's not what you said
Martin."  Martin looks at him, getting really annoyed, and says that's
what he's saying now and asks Richard rhetorically if he may continue.

Back in Bobby's office, Bobby sits in a chair, Lindsay on the couch.
She looks scared and worried.  He looks defeated and tired.  Softly,
Lindsay asks him why didn't he tell her.  Obviously not wanting to get
into it, he says to her please don't start.  Lindsay leans forward and
says "I'm not trying to start, Bobby, but you bring this Neel guy in,
you tell him to scare Hinks, Hinks ends up dead and you say nothing to
me?"  She is trying to understand.  "It had to have been eating you."
She looks at him with concern on her face.  Bobby says nothing.  The
door opens and Eugene walks in and asks if he can have a second with
Bobby.  Still looking at Bobby she says "Sure, why the hell should I
know what's going on.  I'm only married to him."  She gets up and
leaves, clearly upset, angry, scared and worried.  Bobby looks down,
knowing his silence had hurt Lindsay.  Eugene closes the door behind
her.  Eugene sits down and tells Bobby that they're giving Neel
manslaughter - 20 years.  Bobby says in exchange for his testimony
against him.  Eugene nods his head and says yeah.  He says he's bringing
a motion to kick a couple of counts, the most serious being felony
murder, that's where he is the most vulnerable.  Bobby says felony
murder?  He says how can they charge that?  Eugene says breaking and
entering.  Bobby says that can't stand.  Eugene says if it does he's in
trouble and he doesn't need to tell him that.  Bobby doesn't say
anything.  Eugene clearly has something to get off his chest.  He stands
up and starts:  "I'm going to say this once because I have to say it
once, and then I'll move on.  Your sending a known criminal, a murderer
no less, to visit Hinks, was perhaps the dumbest thing I have ever known
you to do.  You put yourself at risk, you jeopardized this firm.  Now, I
know you were acting as a worried husband, but Bobby, if stupidity were
a crime, your ass would be serving life!"  Bobby says nothing, looking a
little like a defiant teenager after being caught coming in after
curfew.  Than said, Eugene goes on, saying now let's turn to his
defense.  Bobby says that before they get to that... "Eugene, I'm about
to have a baby, I'm going on trial for murder, I'm in no position...."
He is having trouble getting the words out.  "I should say condition, to
be running this firm.  I won't be until this thing is over.  I am
appointing you pro-tem senior partner."  Eugene doesn't want to hear
that.  He says they don't need to talk about that.  Bobby is emphatic.
He says yes they do, that this firm more than ever needs strong
leadership and at the moment he can't provide it.  He says he's not
passing on a title here, he's just assigning responsibility.  It is
clear this is very hard for Bobby.  And for Eugene, but he sees its the
right thing and say ok.

In the conference room, Rebecca and Karen are meeting with the managing
partner of Karen's late husband's firm.  He is saying that he worked all
the associates, that they were working on a massive class action.  Karen
says he was working Keith in a way...  Rebecca stops her from saying
anything further.  She turns to the managing partner, Mr. Bannish, and
says she obviously knows what its like to work in a law firm.  Mr.
Bannish stops her and says that with all due respect to her practice,
she has absolutely no experience with class action and product liability
work.  He says that Keith was on a toxic waste case involving 3200
plaintiffs.  Rebecca says she understands that, and she knows associates
are expected to put in long hours but he also knows the egg shell
doctrine.  Mr. Bannish says meaning?  Rebecca says meaning that you take
your plaintiffs as you find them, and the fact that Keith had an
underlying psychological condition is not a complete defense.  Mr.
Bannish says look, he loved Keith.  Karen says oh please.  Bannish says
he did whether she wants to believe it or not.  He says his death was
shocking to all of them, but they never ever verbally abused him.  Karen
asks if he ever called him at 1 in the morning.  Bannish says yes, but
that's the job.  Karen says that he asked for time off a week before his
death.  Bannish says it was also a week before the trial.  Rebecca says
all right, that they aren't blaming Mr. Bannish for Keith's death..
Karen says she is.  Rebecca says that they're merely saying that a lot
of factors came into play.  She says the pressure of work, the long
hours, those were some of the factors.  She says they're suggesting he
take some of the responsibility.  Mr. Bannish just looks at her.

Richard is walking down the hall when he is stopped by Martin, the D.A.
in charge of Bobby's case.  Martin tells him that he's thought about
what he said and he agrees that it would be wrong to politicize this.
He says that its also probably over kill to assemble a big army of
district attorneys so he's scaling it down.  He tells Richard he's no
longer on the case, that he'll be reassigned and he thanks him for his
work thus far.  Richard can't believe it.  Richard says he's off the
case because he doesn't like what he's doing?  Coolly, Martin says
again, thank you for your work to date and he walks away, leaving a
stunned Richard with is mouth hanging open.

Its evening and the members of Donnell, Young, Dole and Frutt are
meeting in the conference room under the new leadership of Eugene
Young.  He is saying that their first priority is getting the felony
murder charge kicked.  He says if that count stands all they really need
to prove is that Bobby sent Neel to break into Hinks' house, that its no
defense that he didn't intend for Hinks to be killed, that this count
must be dismissed.  He turns to Ellenor who says she's already on it.
Eugene continues, saying second, privilege, and this is huge.  He says
they have to go after Neel's credibility but unfortunately a lot of
stuff that they have on him they learned through attorney client
privilege, and now they need to use it.  He turns to Lindsay who says
got it.  Eugene goes on, saying third, they gave Neel manslaughter and
he's not sure you can tag conspiracy charges to manslaughter, and he
turns to Bobby and says why doesn't he research that, that there is no
reason they can't put him to work.  Bobby smiles a weak smile and says
thanks.  Eugene sits down and says fourth - this firm.  He says we're in
trouble.  He says that they may be a partnership but the face of this
place is Bobby and even if they beat this their reputation has taken a
big hit.  He says clients may want to bail on them, potential clients
may be less likely to come.  He says he wants to retain a publicist,
that that can be expensive but they need to do it.  He says that also
they have two partners about to have babies, and they need to hire.  He
says as of now they have a hiring committee, Ellenor and Lindsay will
co-chair.  Eugene is on a roll.  He says next - time sheets - they do
them now.  He says they have to become as systematized as they can
because right now clients will be looking for them to fall apart and
that disorganization, any disorganization, will fuel that perception.
At that moment, Lucy opens the door and tells Rebecca that Walter
Bannish is here.  Rebecca gets up and leaves the conference room.

In the outer office, Rebecca greets Walter Bannish.  He turns to her and
says he still contests any liability on their part, but the negative
publicity of a lawsuit, he doesn't want it out there that they are a
sweat shop.  He says he's willing to make an offer to make this go away,
a one time offer, take it or leave it - $500,000.  Rebecca's jaw
practically drops open.  She tries to retain her cool, saying payable
now.  He says payable upon signing the release, yes, and a complete
confidentiality agreement.  Acting cool, she says she'll take it to her
client and let her know tomorrow.  Mr. Bannish thanks her.  She says no,
thank you.  He says good night and leaves.  Rebecca is in a state of
shock at the offer.  Ellenor comes out and sees her.  Rebecca says you
remember my suicide case, wrongful death, no merits.  Ellenor says yeah,
it was your friend.  Rebecca says nuisance change just came in -
$500,000.  Now its Ellenor's jaw that drops.  Rebecca says what are they
missing?   Both of them look puzzled.

In Helen's office, Richard is venting to Helen.  He is saying that he's
not saying that the case against Bobby is bogus, it isn't, but there is
a lynch mob mentality that is going on that is bogus.  Helen says they
don't really think that Bobby ordered a hit, do they.  Richard says it
doesn't matter, they're out to get him and they think that he was at
least reckless which is all they may need to prove.  At that moment,
Lindsay comes in, a desperation to her.  Richard looks at her
suspiciously.  She doesn't even seem to notice him.  Lindsay looks at
Helen and says pleadingly "Make it go away."  Gently, Helen says
"Lindsay, I'm not sure..."  Lindsay says "He's not a murderer.  I'm
calling in a favor.  Make it go away."  Her voice is shaking out of fear
and desperation.  Helen says "Lindsay I can't.  This is upstairs."  Not
to be stopped Lindsay says "Then take the stairs, Helen, do whatever you
have to do, but make it go away."  With that and a pleading look, she
turns and leaves.  Richard looks at Helen who looks helpless.

Commercial.

Its night.  We are in Bobby and Lindsay's bedroom.  Lindsay stands
before a full length mirror in her underwear.  She is gently rubbing her
hand over her stomach as she watches her reflection in the mirror.  A
little smile is on her face.  Its as if she is fascinated by what is
happening to her body, by the baby growing within her.  Bobby's
reflection appears in the mirror. [He is in rather dorky pajamas] He is
watching Lindsay.  A smile creeps across his face.  Upon seeing his
reflection, Lindsay smiles more broadly, turns to him and asks what.  He
keeps smiling, saying softly that he's just looking. He looks at her
lovingly.  Lindsay turns away from the mirror.  She looks at him as if
she knows there is something he wants to say.  He walks toward her.  He
looks sad.  He says to her "I'm sorry."  His voice is cracking.  "He...
I got so afraid that he really might hurt you.  And the reason I didn't
tell you was because I knew this is not the kind of stress you need
right now."  Lindsay looks at him and says "Bobby, I'm your wife."  A
smile creeps across his face and love in his eyes.  "I know this".  He
says it in a way that you can almost here him thinking and thank God for
that.  He moves toward her and takes her in his arms, holding her
tight.  After a moment Lindsay breaks away  and looks at him, worry in
her eyes.  She asks him what happens tomorrow.  Bobby says that they
have a motion to dismiss the felony murder count.  Lindsay walks over to
the bed and sits down on the end of the bed.  Lindsay says if you lose?
Bobby says that their whole case is the word of a career criminal.  He
says they can't satisfy the burden with that - they just can't.  He
sounds as if he's not as sure as his words would indicate.  He looks
worried.  He looks terrified.  Lindsay sees that look and says "I've
never seen you look so scared."  She is clearly scared herself, but she
is determined to be strong for Bobby.  Emphatically she says "We'll beat
this, Bobby.  We'll put the whole firm on it if we have to."  She wants
so desperately to reassure him, to make him believe it.  Bobby wants to
believe it too, but he can't quite.  He kneels down at the end of the
bed beside where she is sitting almost like a child sitting at his
mother's knee for reassurance after a bad dream.

Its the next morning.  Rebecca and her friend Karen walk into Bobby's
office.  Rebecca has just told Karen of the offer made to her last
night.  Karen says that's fantastic.  Rebecca says yeah, she thought she
would be pleased.  Karen sits on the couch.  She says she guesses he
admits he's responsible after all.  Rebecca says yeah, she can't quite
believe it.  Karen says thank you so much, that she has no idea how much
she can use this money to...  She asks if she'll get it today, after she
signs the confidentiality agreement.  Rebecca is taken aback.  She says
she never mentioned any confidentiality agreement.  Suspiciously she
asks Karen how she knew about that.  Karen says she is assuming.  She
says her husband was a lawyer, that she knows how these things work,
that she's assuming this will be sealed.  Rebecca doesn't buy that.  She
says to Karen why doesn't she fill her in on how things work, or how
they're working here.  Karen doesn't understand.  Rebecca says that
nobody hands over $500,000 after one meeting, no discovery even, he just
says ok here's a check.  Rebecca asks Karen what's going on.  Karen
looks at her and says she might ask the same question.  Rebecca tells
her not to lie to her.  She says they've been friends a long time and
she tapped into that friendship to get her to represent her here.  She
warns Karen to be straight with her or she'll start asking her questions
in other places.  Karen gets up and walks behind the couch.  She says
that Walter Bannish embezzled a lot of money from client trust funds and
Keith went along with it and his guilt she's convinced contributed to
his depression.  She says she went to Mr. Bannish and accused him to
contributing to her husband's suicide and she wanted to be compensated.
Rebecca asks why didn't he just pay her off then.  Karen says that he
said that it sounded like she was accusing him of wrongful death and
perhaps she should sue the firm and then we'll settle the matter.
Rebecca says he needed to be sued to get his firm to pay the money and
that's why you insisted I draw up a complaint and file it, so he could
basically defraud his own partners.  Rebecca tells Karen that this is
extortion and she won't be part of it.  Karen says excuse me but  she's
not a part of anything but a legitimate lawsuit. She says she went to
Mr. Bannish and he advised her she would have to sue her before he would
give her a nickel and she did sue him and they've settled the matter.
She says she has no evidence of extortion.  Karen tells Rebecca to
please notify Mr. Bannish that she accepts his offer.  She gathers up
her things and starts to leave.  At the door she turns to Rebecca and
sarcastically says that there is no need to thank her for the easiest
contingency you've ever earned in your life, over $150,000 for one day's
work.  Very sarcastically she says you're welcome and she leaves.

In the courtroom the hearing in Bobby's case is underway.  Ellenor is
arguing that there is no legal basis for the charge of felony murder.
Martin, the D.A., argues that breaking and entering a dwelling to commit
a felonious assault is a sufficient predicate to felony murder.  He says
that there's case law...  Ellenor interrupts saying to charge the person
who actually did the breaking and entering.  She says that there is
absolutely no case law to charge the alleged accessory with felony
murder.  Martin says that any person can be charged as an accessory to
any felony.  Ellenor says yes but no one ever has under these
circumstances, and suddenly with Bobby Donnell...  Martin says that even
if Bobby Donnell did not conspire to kill William Hinks, he gave Mr.
Neel William Hinks' address and dispatched him to his home.  Martin says
that Mr. Neel broke into that home and that a murder resulting from that
breaking and entering is the exact scenario that the legislature had in
mind when passing the felony murder rule.  Ellenor says that there is no
evidence that her client was a part of any breaking and entering.
Martin says that they have a statement from the actual killer and that
would be considered evidence.  Ellenor says that they know they can't
prove this crime, that they can't show intent so the prosecution is
charging felony murder to circumvent their burden of proof.  The judge
says that unless he's missing something that is one of the very reasons
they have the felony murder rule, to lower the prosecution's burden.
Ellenor says that if you look at all the cases where this rule has been
applied....  Martin interrupts, saying that the function of the court is
not to...  Ellenor interrupts him saying saying that there is no
predicate felony to support these charges.  She says that this amounts
to selective prosecution against a defense attorney that they don't
like.... Martin interrupts her saying that there is absolutely no
evidence of selective prosecution in  this case and as for predicate
felony you have several - aiding and abetting felonious assault,
breaking and entering...  Ellenor interrupts him saying that Bobby
Donnell's wife was being threatened.  Lindsay sits nervously in the
gallery watching.   Ellenor says that Bobby sent Alan Neel to scare Mr.
Hinks. to warn him.  Bobby sits between Eugene and Jimmy listening
intently - and nervously.  Ellenor says that Alan Neel committed a
supervening act of  murder and now the prosecution is using the felony
murder rule as a means to get Bobby Donnell and that is what is going
on.  She turns to Martin and says emphatically to him, that is what is
going on.  He doesn't even look at her.  He just looks at the judge and
says that Bobby Donnell sent a known killer out to threaten a man.  He
asks is it really unforeseeable that a murder happened?  There is
silence.  That struck a cord with the judge and Ellenor knows it.  Bobby
knows it too.  He looks discouraged.

Jimmy, Ellenor, Eugene, Bobby and Lindsay return from the court to the
office.  Lucy nervously asks if the judge ruled.  Jimmy says not yet,
but sounds discouraged.  The rest are silent.  Ellenor turns to Bobby
and says she's sorry.  He tells her she did fine.  Ellenor walks over to
her desk saying that she got her ass kicked, why don't they just admit
it, she just got her ass kicked.  Eugene tries to inject a weak note of
optimism, saying that the judge took it under advisement and anything
can happen.  Lindsay sink into her chair, knowing that anything can
happen, but isn't likely to.  Rebecca stands up and says that she has a
little problem herself, that her $500,000 she thinks was the result of
extortion.  Bobby asks how so.  Rebecca says it seems her client's
husband and the partner of the law firm were involved in some sort of
embezzlement scheme.  She says Karen, her client, tried to extort
Bannish and he basically steered her to sue his law firm so all the
partners would have to pay her.  She says she was used as a pawn.  Bobby
asks her if she knows this for sure.  Rebecca says she knows knows the
embezzlement went on for sure but her client denies that the lawsuit is
anything but legitimate but its too suspicious, that she demanded they
file a complaint, the defendant then  makes an offer with no discovery
whatsoever.  She says its just way too suspicious.  Eugene asks her what
is her problem.  Rebecca looks at him in amazement.  She says what's her
problem - you have to ask her what's her problem?  Eugene says unless
she has proof the lawsuit is bogus - does she?  Rebecca says no.  Eugene
says then accept the offer and be done with it.  Rebecca can't believe
what she's hearing.  Eugene says if she does anything to queer the
settlement your client can have an action against us for the full
amount.  Rebecca tells Eugene that this is not a money thing.  Eugene
says no, its a legal thing.  He says as he understands it she sued under
the theory of wrongful death, the defendant is settling under that
theory - accept.  Rebecca says that its not that simple.  Eugene says
they do not need to be sued by a client at this time.  Rebecca looks at
Bobby who says nothing.  Eugene is clearly in charge.  Eugene asks
Rebecca if she has proof that the lawsuit is bogus. Rebecca says no.
Eugene asks her if her client has instructed her to accept the terms of
the settlement.  She says yes.  Firmly, Eugene tells her then that's
exactly what she will do.  Rebecca looks around the room for a sign that
anyone will back her up.  No one appears they will.  Rebecca glares at
Eugene and says fine and returns to her desk.

At the courthouse, Helen walks up to Martin.  She does not look happy.
She holds up a paper and asks him what's with the summons.  He says very
matter of factly that all the witnesses are getting them, even those we
can expect to be cooperative.  He is being sarcastic.  Helen asks why
does he want her to be a witness at all.  Martin says well, Lindsay Dole
is a friend, she asks you to pay a visit to William Hinks to threaten
him.  Helen says that has no relevance to Bobby Donnell's actions.
Martin says perhaps not but she'll allow him to be curious.  Helen does
not like this.  She says she will not be a prosecutorial witness against
Bobby Donnell.  Martin tells her he wouldn't call on her to do anything
but tell the truth.  Helen says yes, but experience she's sure tells him
that even the most neutral witness finds a way to get in his or her
bias.  Martin asks meaning?  Helen says that the prosecution of Bobby
Donnell is outrageous.  She tells him he doesn't want her on the stand -
trust her.  Martin says thanks for the warning, that when he does call
her he'll be sure to declare her a hostile witness.  He closes up his
briefcase and leaves.

Back at the office, Jimmy puts down the phone.  He tells Eugene that the
public defender representing Alan Neel is Bernard Shanly, two years out
of law school.  He says the D.A. must love him, he's young and
inexperienced, that he's got a decent reputation for a kid, but he's a
kid.  Eugene asks where he can find this kid.  Jimmy says the p.d.'s
office, that he's usually at arraignments taking assignments, you could
visit him there.  Eugene says that's what he thinks he'll do.  Just then
Karen and Walter Bannish come into the office.  Rebecca gets up and says
oh you two came together did you?  Karen says they came up on the same
elevator.  Bannish says that if she'll execute the papers he'll give her
a check.  Rebecca says his other partners don't need to...  Eugene cuts
her off with a cautioning "Rebecca".   Rebecca tells them they can go
into the conference room.  She follows them in, but when she reaches the
door she turns and glares at Eugene before going in.

Commercial.

At the courthouse, Eugene enters a courtroom and walks up to a guard and
asks if he knows which one is Bernard Shanly.  The guard points to
someone and Eugene walks up to him.  He introduces himself to him.  He
asks if he could speak to him for a second.  They go out into the
hallway.  Eugene tells him that all he really wants to do is talk to
him, meaning Neel.  They are sitting on a bench.  Bernard says he really
can't advise that.  Eugene asks why.  Bernard says that until he signs
his proffer he doesn't want to do anything to screw up the plea.  Eugene
says manslaughter - 20 years.  Eugene asks Bernard why he advised Neel
to go for that.  Bernard says that they have a video tape of his going
in, and audio tape of the attack.  Eugene says he understands but his
going in proves nothing and the audio tape he says he hasn't actually
heard it yet.  Bernard says he has and you can actually hear the
beginning of the attack.  Eugene says even so, can they be absolutely
sure of how the attack began, is it possible Mr. Hinks rushed him?
Bernard says it didn't sound like it.  Eugene asks if its possible.
Bernard asks if he's cross-examining him.  Eugene says he doesn't mean
to but if there is that possibility.  He pauses a moment and then says
to Bernard let's face it, William Hinks was a serial killer and the idea
that he might have tried to kill Alan Neel is not beyond the... Bernard
says that's not what happened.  Eugene asks if he was there.  Bernard
stands up and asks Eugene what his point is.  Eugene says the point is
for him to jump at manslaughter without so much as considering all these
options was bad lawyering and if there is anyway he can still wiggle out
of the plea bargain... Bernard says its a good deal for his client.
Eugene says he's young and the last thing he needs to do is...  Bernard
says please, don't patronize him.  Eugene stands up and says he's not
patronizing him.  Bernard says he is and he doesn't appreciate it.
Eugene says he made a mistake and if its possible at all for him to undo
it... Bernard asks why, to help Bobby Donnell?  Eugene says to help
himself.  He says its one thing to be thought of as inexperienced, its
quite another to be thought of as a prosecutorial bagman.  Bernard says
goodbye and starts to walk away.  Before he can get too far Eugene asks
him why does he think they asked for him.  Bernard stops walking.
Eugene says that the district attorney singled him out.  He asks him why
is that.  Eugene walks over to Bernard and says he's not trying to beat
him up here but he's a defense attorney, he's one of us, not them.
Bernard says he has to be on his client's side.  Eugene says let him at
least talk to Neel, he won't screw up his proffer he just... Bernard
says no, he can't allow that.  Eugene says for him to just tell him this
then - is he going to say Bobby Donnell directed him to kill Hinks, or
will he say he just got the idea that's what Bobby wanted?  Bernard says
there is nothing equivocal about it, that Neel will say that Bobby
Donnell hired him to kill William Hinks.  Just then, Jimmy interrupts
saying that the judge is back with his ruling.

In the courtroom, the judge takes his seat and all in the room then take
theirs.  Lindsay sits nervously in the gallery behind Bobby who sits
between Eugene and Jimmy.  The judge begins:  "The first issue, whether
a defendant can be charged with conspiracy to commit murder when the one
actually committing the murder is convicted of manslaughter.  The answer
is yes.  Prosecutors must be given free reign to plea bargain."  Bobby
looks down, obviously disappointed.  Lindsay looks scared.  The judge
continues: "This falls within their discretion.  The defendant's motion
to dismiss the conspiracy count is therefore denied."  Ellenor, sitting
behind Eugene, Bobby and Jimmy, hangs her head.  The judge goes on:
"Second issue - felony murder.  As a matter of law, if Mr. Donnell
directed Mr. Neel to break into the victim's house with the specific
intent of assaulting him, Mr. Donnell becomes an accessory and both he
and Mr. Neel are guilty of felony murder.  Whether or not Mr. Donnell
actually did instruct Mr. Neel, that is a question of fact, not law, and
it is therefore a jury question."  Lindsay look over at Bobby, her eyes
seemingly welling with tears.  A sly smile crosses Martin's face.  The
judge continues:  "Accordingly, defendant's motion to dismiss the felony
murder count is also denied."  He adjourns the court.  A triumphant
smile is on Martin's face.  Lindsay takes a deep breath, trying to hold
back tears with fear over taking her.  Bobby sits stunned, not saying a
word.  Eugene leans over and says ok, we to go to work and we get ready
to go trial.  Martin walks over to Eugene and asks if they can get
together.  Eugene gets up.  Bobby just sits there in shock.

At Helen's office, Lindsay comes rushing in.  She is near tears,
sounding terrified.  She rushes over to Helen and says "What's going
on?"  Helen says "Lindsay."  Lindsay says, desperation in her voice,
"You have to stop it."  Helen says "You have to calm down" and takes her
by the arms.  Almost hysterical, Lindsay says "They're going after my
husband.  Why are they doing this?"  Helen says to her "You need to calm
down."  But she can't.  She is terrified.  Helen says "Look, I've let
them know I'm against it, but there is nothing else I can do.  Its out
of my hands."  Trying to regain a tiny bit of composure Lindsay says,
desperation in her voice, "I've never asked you for a favor."  Her eyes
are pleading.  Helen says "Lindsay, if I could stop it I would, trust
me.  I think this prosecution is out of line, but on the facts, there is
a case."  Lindsay can't hold back the tears any longer.  She is so
scared.  She tries to wipe away the tears, but its useless.  She asks
"Why are they doing this?"  Helen puts a comforting hand on her
shoulder, but the tears keep flowing.

Back at their office building, a solemn group of lawyers get off the
elevator, Ellenor, Jimmy, Lindsay and Bobby.  They walk into the office
in stunned silence, their faces telling the story.  Bobby tries to rally
the troops.  He says "Listen up.  NOthing happened today that wasn't
expected.  We figured it would go this way.  It did."  He's trying hard
to put on a brave front.  He goes on, saying "Now we dig in.  I dig in.
I'm scared.  I won't lie about it.  But the firm.  Eugene I think has
already demonstrated clearly that he can run this shop and we can be
just as strong as ever.  We cannot, cannot, cannot let ourselves become
demoralized.  We have to stay together and support Eugene's
leadership."  Rebecca speaks up and says she's afraid she can't do
that.  Everyone looks a little surprised.  She says she's sorry she
doesn't mean to...  She says she finds Eugene's leadership thus far to
be a little frightening.  She says aside from being autocratic, his
direction to her to look the other way and rubber stamp a settlement
that she knows was illegal...  Bobby tries to stop her.  Rebecca says
she wants to say this to all of them and she knows the timing stinks
given the situation he's in and she apologizes, but Eugene basically
instructed her to go along with extortion and the reason he did so was
fiscal, that the contingency was something they could use right now,
that it would be more expedient not to mention profitable to turn a
blind eye.... Jimmy interrupts her, telling her to get off her high
horse.  He says they're up to their necks here, they don't need her
preaching.  Rebecca says she'll say what she has to say.  She says they
all sat quietly and let Eugene be the leader because his decision making
was dirty work and they were glad to let him do it.  She says that
settlement was extortion.  She says Eugene is ok with it, fine, but if
his face is the new face of this firm then its not the same firm that
she knows.  In a grand gesture, Jimmy walks to the door and opens it for
Rebecca, inviting her to leave.  Ellenor tries to diffuse the situation,
saying let's not do this, not now.  Rebecca glares at Jimmy and tell him
she's a partner here, he's not.  Bobby tries to stop this from
snowballing.  He says that's enough, that they have to stay together
now.  He looks disapprovingly at both Jimmy and Rebecca.  Just then,
Eugene walks through the opened door.  He looks at everybody, suspecting
something has been going on.  He asks now what.  Bobby says nothing.
Then he asks Eugene what Toomey (Martin, the D.A.) wanted.  Eugene says
for Bobby to go to his office and then asks Lindsay to come too.

In Bobby's office, Eugene shuts the door.  Bobby stands behind his desk,
Lindsay leaning against the bookcase to his side.  Eugene stands in
front of them, behind the couch.  He says "Ok, they've offered a plea.
Aiding and abetting a felonious assault.  Tow and a half years, one
suspended, disbarment."  Lindsay folds her arms, looking scared.  Bobby
looks defiant.  He says "Right."  Looking at Bobby and Lindsay, Eugene
hesitantly says "What I would like to do is chop that down to one
year."  Lindsay shakes her head in disbelief.  Bobby starts to object,
but Eugene cuts him off, saying they may have a chance at an out right
acquittal but...  Bobby interrupts him saying that all they have is
Neel's word.  Eugene says he understands, and he could argue his motive
to lie in exchange for the plea bargain, but the problem is that tape.
He says what he says to Hinks precedes any motive to lie and also its
already playing all over the press about those two cops that got killed
and how you got them killed.  He says even if he can keep that out of
evidence which he should be able to do, the odds of the jury not knowing
about it.... Lindsay stands there with tears and fear welling in her
eyes.  Eugene thinks for a moment and then comes around the couch and
walks toward Bobby.  He tells him that if he gets convicted of felony
murder, he gets life.  He says obviously he's hoping that won't happen,
but the risk....  He pauses a moment and then says "The risk.  If I can
get it down to one year, the disbarment might not have to be permanent.
You really have to think about it."  Bobby looks discouraged, Lindsay
terrified.  Eugene looks at the tow of them and says he'll leave the two
of them alone.  He picks up his briefcase and leaves, shutting the door
behind him.  Quietly, Lindsay says "I can't believe this is happening."
Bobby is leaning on his chair, Lindsay up against the bookcase. looking
down at the floor.  Bobby says emphatically "There's no way I'm pleading
guilty."  Her voice shaking, Lindsay says "Bobby, we're about to have a
baby."  He turns and looks at her and gently says "I'm not getting life
in prison.  It could never, ever happen."   Lindsay wants so badly to
believe him, but her fear is overtaking her.  She wipes away tears,
saying "I can't even think straight."  He says again "It could never
happen."  Lindsay looks at him and fearfully says "What if you do?"  He
looks way, not even wanting to entertain that thought.  Desperately,
Lindsay goes over to Bobby and says "What about, um, self defense or,
um, maybe defense of other..."  She's getting hysterical.  Bobby tries
to calm her, holding her by the shoulders.  He tries to explain to her
what she already knows, that the threat has to be immanent.  His voice
is shaking now too.  She nods her head, knowingly.  She looks at him,
eyes brimming with tears, her face filled with fear.  She says "I don't
understand how this can be happening."  Bobby looks at her and says
gently, but firmly, his voice shaking, "I am not pleading guilty.  I'll
go to trial.  I am not pleading guilty."  Lindsay, visibly shaking with
fear nods her head.  She understands, but its scaring her to death.
Bobby comfortingly strokes her arms, but he too is scared, literally,
for his life.  But you know there are three lives on the line here -
Bobby's, Lindsay's and their baby's, and you know Bobby and Lindsay know
it too, making it all the more terrifying.

The end.

                

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