Part I - Transcript done by Ally

The Practice 2000 Transcripts

Written by: David E. Kelley
Directed by:


-------------------- Disclaimer --------------------
I do not own the characters in this story, nor do I own any rights to the television show 'The Practice'. They were created by David E. Kelley and belong to him and David E. Kelley Productions.

This transcript was written by Ally, alleyb178@yahoo.com

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Season 1, episode 2

PART II

~~~~~~~~~~~~

Parks: I did not exceed 60, this I can say with absolute certainty

Bobby: How can you be so sure of that Mr. Parks.

Parks: well first off, I have two small children and...uh...I am not in the habit of driving at excessive speeds. But second, I just picked up a cup of coffee. Now I customarily put my coffee in the little uh holder in the door arm

Bobby: and how is that relevant?

Parks: Well itís relevant in that my car shimmies if I go over 55 and coffee would have been splattering everywhere. Now Iím sure that the officer is uh conscientious in his job but on this occasion he was mistaken.

Bobby: (nods) thank you

DA: Did you uh say anything to the officer when he issued the citation?

Bobby: Hearsay!

Judge: Hey! Traffic court!

DA: What did you say to Office Grote, Mr. Parks?

Parks: well I was upset...uh...at being unjustly cited and in addition he was making me late for work, so uh I likely communicated my annoyance.

DA: Did you tell him Alan Dirschowitz was your lawyer and he would prove that all cops are trained to lie under oath?

Parks: I donít believe I said he was my personal attorney

DA: Did you call officer Grote a pus infected donkey with the moral fiber of a disposable douche?

Parks: I donít...thatís something of a non-secular. I donít think I would have said that.

DA: Well did you opine that the reason women and children were being raped and killed was because fat donkeys like him were too busy pinching speeders when they should be fighting serious crime?

Parks: I am a tax payer, I have a right to my opinion.

Bobby: Is any of this at all relevant

Judge: No. Guilty. See probation. Next case.

***

WHOOSH (outside court)

Parks: Pay you!? Why the hell should I pay you?

Bobby: This is my third appearance

Parks: Yeah and youíre 0 for 3, what kind of squathead do you think I am?

Bobby: Iím getting a little sick of you-

Parks: Oh so youíre sick? So go puke. Listen Iím the client, maybe your only one-

Bobby: Iíll garnish your wages

Parks: Iíll give you something to garnish!

(Bobby scoffs)

Bobby: Taxi!

Parks: (to passing policeman) Hey how you doing jumbo, go get that donut huh? (walks away mumbling ďgarnish my wagesĒ)



(Bobby gets into cab)

Driver: Where to?

Bobby: I just want to turn a corner

Driver: Donít we all



CREDITS

***

NICE COURT ROOM

Judge: A TRO for what?

Eugene (the wifeís lawyer): To keep him away. Given the history of physical abuse in his-

Colson (the husbandís lawyer): What history? Thereís no documented proof that heís-

Eugene: I like to talk in whole sentences

Judge: Thereís been no suggestion of abuse in the pleadings

Eugene: Thatís because were in no fault, plus which for the sake of the kid-

(at same time)

Colson: Kids, kids. You need to stop using the kid Ė is it in the best interest of the kid to restrain his father?

Eugene: permission to smack him judge

Colson: Hey! Donít intimidate me!

Judge: Mr. Colson, why donít you let Mr. Young say what he has to say before squealing like a distressed little pig. Would that be acceptable?

Colson: Fine

Eugene: We didnít allege violence because we hoped that this wouldnít get ugly

Judge: Mmm and now?

Eugene: Itís ugly

Colson: Your honor, divorced couples typically behave in an antagonistic manner towards each other and it does not behoove this court to intervene by issuing rash restraining orders-

Eugene: How long do these people-

Colson: Now whoís interrupting me?

Eugene: I was behooved?

Colson: Shut up!

Judge: Mr. Colson!

Colson: Your Honor, he does this on purpose, getting my goat. And he gets it. He gets it every time.

Judge: I understand. Mr. Young, Iím not going to allow your client to revise the facts, the pleadings will speak for themselves

Eugene: He keeps physically threatening her and you wonít allow it?

Judge: Mr. Colson, instruct your client to stop with the threats and intimidation, otherwise the TRO will issue and he will not see his child.

***

WHOOSH (another courtroom)

Bailiff: The commonwealth versus Kenneth Hanks, unlawful possession with intent to distribute controlled substances.

Ellenor: We'll waive reading....whatís left of it. Iíd ask the court for a probable cause hearing

Judge: be ready this afternoon?

Ellenor: Uh...sure

Judge: (to DA) see if you can get the officer in

DA: All right

Ellenor: Great

***

WHOOSH (office)

Ellenor: Oh Lindsay!

Lindsay: Busy

Ellenor: Oh come on! One little probable cause hearing. Youíll be done in an hour.

Lindsay: Sorry Iím fighting the tobacco industry this week

Ellenor: No, no, no. Youíre the exclusionary queen here and Iíve got cocaine, vehicle search-

Lindsay: Oh you know what Ellie, my motherís birthday was Sunday and I promised her I wouldnít put any crackheads back on the streets this week...otherwise I...

Ellenor: Thatís very cute. Very, very cute. Bit Iím serious about this and I think we have grounds and its extra 5 for us if we squash it really fast

Rebecca: Ellenor

Ellenor: Yeah?

Rebecca: Do you know anything about this...single, white, female, attorney, 30-

Ellenor: Where did you get this?

Rebecca: It was on the computer

Ellenor: Oh...oh yeah...no I, I have a client whoís suing a dating service. I was just...uh...you know...typing all the evidence into a file.

Rebecca: Oh (walks away)

Ellenor: What oh? What, do you think you know every minor detail that goes on in this office?

Rebecca: Evidently not

(Bobby walks in and heads to his office)

Bobby: Weíre shutting down the practice, get your resumes out there. Iíll try to string out 3 more weeks

Rebecca: Yes fine. You have a suppression hearing scheduled in 12 minutes

Bobby: (Comes out of his office) you see this? (holds up piece of paper) Huh? Eviction notice! These are the kinds of things that happen when you canít make the rent. Which is the kind of thing you canít make when clients donít pay. Are we anywhere close to settlement on the tobacco case? Tell me.

Lindsay: Hah!

Bobby: Right.

Eugene walks in

Rebecca: Weíre shutting down again

Eugene: Oh thatís nice. Anything decaf for me?

Bobby: Iím serious. Weíve had it. We canít keep juggling like this

Eugene: You havenít had it. Donít tell me youíve had it when you havenít had it! Iíve had it with you being had it!

(phone rings)

Rebecca: Eugene...Ruth Gibson...itís trouble

***

STREET...Taxi pulls up and Eugene gets out and walks into building

Ruth: Made out he was looking for social security card, said he had to look everywhere. Couldnít leave until he found it (puts furniture back)

Eugene: Did he touch you?

Ruth: No...but (throws hands in air) Oh God...

Eugene (to the kid, Michael): Hey son, Peter pan...I always liked him.

Michael: Iím Robin Hood

Eugene: Right...uh how long was he here?

Ruth: Long enough to do all this...and look...he stabbed it (holds up knife which is pierced through a diaphragm)

Eugene: Uh...What?

Ruth: My cervical cap...he put a kitchen knife through it

Eugene: Weíre going back to court. Can I keep this?

Ruth: It wonít be doing me much good

Eugene: Keep your doors locked, use your deadbolt. Iíll have somebody pick you up (he turns to Michael) Everythingís ok Mike

Michael: What if he hurts us?

Eugene: Iím going to make sure that wonít happen

***

COURTHOUSE (sideroom)

Bobby: Now listen to me Lyle, whatever happens, you stay completely calm

Lyle: Well howís it going to go?

Bobby: Weíll make our arguments. When the DA is making hers, you stay quiet, Lyle. Then after, the judge will either make his ruling or take it under advisement...probably the latter.

Lyle: Will we win?

Bobby: we should. And if we suppress the video tape, youíre home free. Itís their whole case. The victim couldnít make you, so without the tape...thatís why we stay completely calm

***

WHOOSH

Judge: I find the evidence to be admissible

Bobby: Your Honor, given the inflammatory nature of that video tape I donít even know how-

Judge: It shows what he did, council. Putting a gun to the temple of a person, an elderly person, robbing a grocery store...thatís whatís inflammatory.

Bobby: Your honor, if the jury views that tape, they might-

Judge: They might get an idea of what actually happened, God forbid. The tape is admitted

Lyle: (jumps out of chair, runs towards judge) You son of a bitch! You don't care what you're doing. You donít give a damn!

Judge: Put him back in lockup!

Bobby: Alright, now we ask you that you recuse yourself given my clients attack on your safety

(DA Shakes head)

Judge: I am not recusing myself council. And Iím sure your client is very distraught and I promise to be understanding. Iíll consider him misunderstood. Trial set for Wednesday next. Weíve adjourned.

***

STREET

Rebecca: So are you ever going to tell me?

Ellenor: Tell you what?

Rebecca: About our new client...the one placing the personal ad

Ellenor: Lawyer-Client privilege

Rebecca: Ellenor, there is nothing wrong with it

Ellenor: I know. Thereís uh there's nothing wrong with not wanting to talk about it either...itís...uh...itís embarrassing.

Rebecca: My best friend met her husband that way. I was thinking about it too. Itís no big deal.

Ellenor: Rebecca itís embarrassing. Okay?

***

WHOOSH (Bank)

Lindsay: Why am I here?

Bobby: I told you, to help me get this loan. This guyís a buddy of mine.

Lindsay: This you told me. I asked why am I here.

Bobby: Shh. Just donít worry. (Jimmy approaches) Hey Jimmy!

Jimmy: 70 thousand?!

Bobby: Due in 90 with the usual rates-

Jimmy: Cut me a small break do ya?

Bobby: Hello Jimmy! Do I ask for much?

Jimmy: You ask all the time Bobby. I give like a cow. Iím growing udders here.

Bobby: Weíre very close to settling a wrongful death against TL Michaels. My associate here, Lindsay Dole, is handling the case

(they shake hands)

Jimmy: Do I look like Iíve got a brain tumor? You think I think youíre going to squeeze a tobacco company? (to Lindsay) Iím not as stupid as he thinks

Bobby: (at same time) Things are changing...weíll settle

Jimmy: Even if you got half a mill, which you wont, thatís 150 on contingency. Divided by costs, fees for effort. Youíd be lucky to even clear 70, much less pay it back

Bobby: What, youíre the legal expert now? Maybe I should throw you the case.

Jimmy: I know what their thing is worth. I used to be a lawyer remember?

Bobby: A terrible lawyer. Jimmy you never won a case!

Jimmy: Suck up to me, thatíll help

Lindsay: Excuse me, are you two related?

Bobby: No just friends. So I thought

Jimmy: And this tobacco case, I looked at the file claims. The victim never had an autopsy-

Bobby (at same time): The lesion was caused by vascular disease, caused by smoking. There's a new craze jimmy its called reading.

Jimmy: I read! You have no experts just the doctor-

Bobby: Maybe you should comprehending what's right in front of you.

Lindsay: Hey! What is going on here?

Jimmy: Heís asking me to loan out on a dog, thatís whatís going on.

Bobby: Forget it. Alright Jimmy? Forget it!

***

COURT

Judge: I am still loathe to issuing a restraining order

Eugene: How can you be loathe? He vandalized her house, he threatened her again, he stabbed her diaphragm with a kitchen knife. Look at this! (holds up stabbed diaphragm)

Judge: Can I see that? I have seen a diaphragm before, my wife has one. But this looks like a thimble! He stabbed a rubber thimble! Are you trying to confuse this court?

Colson: Your Honor...uh...I believe that is a cervical cap. Itís different from a diaphragm.

Judge: How?

Colson: Well a cervical cap is-

Eugene: What difference does it make? He stabbed the thing. Itís just lucky she wasnít wearing it at the time!

Colson: Your Honor, Mr. Gibson has promised to seek therapy. He feels deep remorse for-

Eugene (argues): Deep remorse? He doesnít feel the slightest thing. He's deranged, he's dangerous. He represents a significant threat to my client's safety...

Colson argues at same time

Judge: Quiet please! Does your client wish to press charges for vandalism?

Eugene: What good would that do?

Judge: Listen you gotta show imminent threat of bodily harm!

Eugene: Do I have to drag her in here in a body bag for you to find against-

Judge: (to Mr. Gibson) Hey! Are you going to hurt her?

Gibson: Absolutely 100% No!

(Ruth groans)

Judge: Mr. Young, show me a bruise. Come in with a couple of stitches. Something more than a punctured cervical cap! Now, Mr. Gibson, you go in that house without an invitation, its trespassing!

Gibson: Itís my place too!

Judge: No it isnít! You stay out! Iíve just been waiting for a chance to paste you; I donít think you want to give it to me!

***

WHOOSH (Jail)

Lyle: 6 years!

Bobby: If we can get it. Armed robbery could get life. 6 would be a great result, trust me!

Lyle: For who? For you? So you donít gotta look at me no more?

Bobby: Whatís your problem, Lyle?

Lyle: My problem is I donít trust you. You were assigned to this case. Iím just a piece of snot you want to blow out your left nostril and be done with!

Bobby: Hey donít flatter yourself, alright? You put a gun to an 80 year old ladyís head. If my snot was up to your level, Iíd be on antibiotics and you can trust that! You wanna fire me? Please do (pause and sigh). But as long as Iím assigned to your ass, I have an ethical obligation to present you with your best legal options, which is what Iím doing. I havenít even got it down to 6 years yet Ė you should only be so lucky!

***

WHOOSH (Courthouse, Lindsay sighs and looks at her watch. Ellenor exits elevator)

Lindsay: Excuse me! Its 20 past!

Ellenor: Weíre not going til half past

Lindsay: Well it might be nice to have some hint of the facts before-

Ellenor: OK look, weíve got vehicle search with a container in the trunk. Youíve done this in your sleep, Lindsay

Lindsay: So why canít you take care of it?

Ellenor: I just donít have your gift for constitutional law

Lindsay: You owe me!

Ellenor: I owe ya!



COURTROOM

Officer: I observed the vehicle to be weaving in an erratic manner. I suspected the driver to be under the influence of alcohol or other substances and I pulled him over

DA: And when you went to the car?

Officer: I smelled a slight odor of marijuana and I saw some marijuana seeds on the consul.

DA: mmm. And what did you do then Officer Trimble?

Officer: I placed the suspect under arrest and I searched the vehicle, incident to the arrest. Thatís when I found the cocaine in the trunk of the vehicle.

DA: Were there any other occupants in this vehicle sir?

Officer: No there were not

DA: And did you check the registration on this vehicle sir?

Officer: I did. The defendant was listed as the owner

DA: thank you



(Ellenor whispers something to Lindsay)

Lindsay: You pulled him over on suspicion of DUI?

Officer: That is correct

Lindsay: And you detected a slight odor of marijuana?

Officer: Yes I did

Lindsay (stands up and buttons jacket): Which told you what?

Officer: That he had probably just finished smoking some marijuana

Lindsay: Then you opened the trunk, saw the briefcase...

Officer: That's correct

Lindsay: And you opened the briefcase, discovering the cocaine

Officer: Yes

Lindsay: Is that what you were looking for? Cocaine?

Officer: This was just a general search. Incident to the arrest.

Lindsay: So you didnít say to yourself when you smelled the pot ĎBoy weíve got a big drug dealer hereí

Officer: No I did not

Lindsay: It was kind of innocent search? You were surprised to find the cocaine?

Officer: I was not looking to find cocaine; that is correct

Lindsay: And when you opened that container, did you say ĎOh MY!í

DA: Objection!

Lindsay: Withdrawn. Nothing further.

Judge: Witness may step down



Ellenor (whispers to Lindsay): So what do you think?

Lindsay: What do we know about this judge?

Ellenor: Well Dukakis appointed him. Heís a strict constructionist

Lindsay (to the judge): can we conference, your honor?



***

JUDGEíS CHAMBERS

Lindsay: He had no right to go into the trunk. Wimberly versus superior court distinguishes casual users from drug dealers. This officerís testimony was clear. He concluded my client was smoking pot in the car. Casual use. That entitles him to search the car. Not the trunk.

DA: First of all, sheís stating a Californian case. Californian judges themselves are casual users

Lindsay: Funny. You want more precedents? US versus Nielsen, 10th circuit, 1993. Officer smelled burnt marijuana. Car search okay, trunk not okay. US versus Seals, 5th Circuit. And here you really wobble, he not only went into the trunk, he opened a container. Chadwick? Weíve all read that one.

DA: You want me to reel off all the cases saying that the search is constitutional? Coz I can do that!

Judge: No, no, no..uh...I donít. Look Iíve been cut back to one law clerk and Iím not going to waste two weeks of her time researching this pimple. Iíll certify it to appeals. You can draft your briefs, go upstairs and argue it if thatís what you really want to do, but on such a small amount of coke I hardly think itís worth the time.

Ellenor: So what then?

Judge: Well letís plead him to the mis. on the marijuana, also uh plead guilty to the DUI. Iíll uh continue the cocaine without a finding for a year. If heís a good boy then the count will be dropped altogether

DA: Iím not thrilled about junking a cocaine possession

Judge: I understand but letís be real. Even Scalea might squirm on this one. You did no blood tests by the way, so you could even have trouble on the marijuana.

DA: Fine. Whatever.

(Judge looks at Ellenor for objection)

Ellenor: No thatís fine.

Judge: Go...and be good citizens



They walk out...

Ellenor: Unbelievable! For somebody who hates criminal law, youíre pretty good at it!

Lindsay: Gee thanks

Ellenor: I guess whatever pays, right?



(they laugh. A clerk emerges from another room)

Ellenor: Ah Ben Baby! Howís my favourite Clerk doing today?

Ben: Tired

Ellenor: Listen, Iíve got an ex-party . Weíre trying to garnish a deadbeatís wages. Can you slip it to Wilkes, heís sitting in third.

Ben: Legit?

Ellenor: Yeah very. Martin Parks, you remember the stiff in the trademark injunction

Ben: Oh...oh...yes

Ellenor: Bobbyís been in 3 times, last time traffic court. Guy hasnít coughed up a quarter.

Ben: Okay Iíll take care of it

Ellenor: Here sweetheart (hands him the file) thanks. (he walks away) Oh oh oh! By the way, Lyle Roberts, armed robbery, we're trying to comp. to 6. DA Susan Alexander, can you give her a sniffler to see if sheíll wiggle.

(Ben sniffs in response and they laugh. He walks away)

Lindsay: What was that?

Ellenor: Me doing my part. Now it's your turn to do yours.

Lindsay: Excuse me?

Ellenor: Look, Susan Alexander, weíve been working her to get Lyle Roberts cut down to 6 years. Now Bobby says sheís more responsive to female attorneys. Except for me because we donít get along. But she is going to love you!

Lindsay: Lyle Roberts

Ellenor: Armed robbery

Lindsay: Youíre going to owe me again

Ellenor: Uh nope, Bobbyís going to owe you on this one.

***

Mc CALLíS

Bobby: You...you owe me...okay? This is pay day, Jimmy. This...on the piper...Iím standing right here!

Jimmy: No no no no, no! You want me fired?

Bobby: Youíre not going to get fired! Because youíre creative and youíre talented!

Jimmy: The doors are closing, arenít they?

Bobby (sighs): Iíve had better months

Jimmy: You still got those blue prints? You know...for taking over the empty space next to you

Bobby: Yeah, somewhere

Jimmy: Dust them off. I canít loan out on this tobacco case but...uh...Iíll give you a construction loan for office expansion.

(Bobby Grimaces)

Bobby: The space next to us is no longer empty

Jimmy: I never heard that

Bobby: I never said it

Jimmy: Seventy (Bobby cheers)...not a nickel more. Itís a point over primer and youíve paid it

Bobby: Thank you...THANK YOU

Jimmy: Why do you keep doing this? I mean you could go to any firm you want. Ropes, Goodwin, Sullivan, theyíd gobble....take on a nice fat paycheck. You donít have to keep looking over your shoulder for creditors or clients who are going to kill you.

Bobby: Maybe I like looking over my shoulder

Jimmy: Iíve been listening to your dream for 7 years and you aint a step closer

Bobby: I can get back to dreaming tomorrow. Today Iíve got people counting o me. Iíve got associates looking to be paid...(B smiles strangely) I canít pay them...I canít...

***

OFFICE

Rebecca: Eugene sheís advertising in the personals, how could she not be honest.

Eugene: Iím not saying she should lie, but you could have put it more gently. Big seems a little blunt.

Rebecca: What would you have told her?

Eugene: I...I would have suggested...Shipshape

Rebecca: Shipshape!? (she laughs and walks away, he gets up to follow her)

Eugene: Shipshape!



(Ruth Gibson rushes in)

Ruth: you got a tape recorder? Have a listen!

(Eugene gets tape recorder)

Tape: (Mr. Gibsonís voice) Ruthie honey, I am so concerned about you being worried about your safety that I started thinking, you know, you must be really worried living alone. I mean, somebody could just break in there and hurt you! I donít blame you for being scared, Iíd be scared too, but I just want you to know, honey, that I sympathize. And I am very scared for you! In fact, Iíve got a premonition, I guess. Maybe you should just put up a sign that says ĎNo Trespassingí (tape ends)

Ruth: That man is going to kill me! I know it!

***

NEXT MORNING Ė OFFICE

Ellenor: Bobby! You should have seen her. Citing cases off the top of her head, state, not just federal. Even the judge was backpedaling. She is a keeper.

Bobby: (grins) Yeah I had a hunch



(Jimmy walks in)

Jimmy (sniffs): What the hell has died in here?

Bobby: Jimmy, whatís up?

Jimmy: What? A friend canít...uh...say hello?

Bobby: One of your problems as a lawyer, Jimmy, was your lousy poker face. What are you doing here?

Jimmy: hey youíre asking my bank to float you 70 Gís. I felt Iíd better glance at the plank Iím walking. Especially since your TIW is growing fungus.

Bobby: You agreed to the loan, we had an oral on this. Donít you-

Jimmy: Hey I aint backing off the loan. But Iíve got superiors, theyíre going to be asking questions. I felt Iíd better take a look-see



(Martin Parks walks in)

Parks: What the hell do you think youíre doing?

Bobby: I warned you Mr. Parks

Parks: So you embarrass me in my place of business, having my wages withheld?

Ellenor: Oh, I did that

Parks: Who the hell are you?

Rebecca: Single, white, loves horseback riding-

Ellenor: Rebecca!

Parks: A bunch of comedians, huh? Youíre going to regret doing this! (walks out)



(Mr. Gibson and Lawyer Colson walk in)

Bobby: Jimmy come on (points to his office, Jimmy pauses outside the office to listen to Eugene. Bobby waits with him)

Eugene: Mr. Gibson! Thank you for coming!

Colson: Yeah Iíd like to know what this is all about.

Eugene: Itís about settling this matter in an amicable way. Since Mr. Gibson is represented by council, it would be against the candidness of legal ethics, of course, for me to speak to him outside the presence of council. Thatís why I was behooved to call you.

Colson: You are not going to get my goat!

Eugene: Iíll make this quick. Most of my clients are criminals, some of them are broke and even have to pay in trade. So much as go near your ex-wife again, drive by the house, leave a funny message on the machine...whatever...I will be dispatching two of my delinquent accounts to separate the tops of your kneecaps.

Gibson (sarcastic): Ha ha!

(Eugene tackles him around the neck, Gibson gasping for air)

Colson: Hey! Hey! What are you doing? Who are you people? Huh? What is this!?

Eugene: Cowards make me crazy (lets go of Gibson)

Colson: Iím going to tell you something, Iím going to see you in jail

Eugene: Do what you gotta do. Iíve got your address too

(Gibson and Colson walk out, Gibson gasping)



Jimmy: This is the kind of practice my bank is investing in?

Bobby: Excuse me Jimmy. Eugene! A moment!

(He stalks into office, Eugene follows)

Bobby: You wanna explain what that was?

Eugene: Self help. Husband threatens a wife, the judge wonít restrain, I donít wanna take chances. The guy smells like a bomb to me.

Bobby: Youíre a lawyer Eugene, not a PI anymore! You want to be taken seriously as a lawyer, this firm wants to be taken seriously in the legal community. That kind of crap does not help this practice, you got that!?

(Knock on door, Rebecca walks in)

Eugene: I got it

Rebecca: Bobby, your hookers are here

Bobby: Clients, Rebecca

Rebecca: Yeah...clients...theyíre here

Bobby: send them in

Hookers: Hi Bobby, Hey You (to Eugene)

Eugene: Salutations

Bobby: Thereís been some anxiety concerning last weekís police sweeps together with recent court decisions regarding laws of entrapment. Letís review.

***

WHOOSH (Courtroom)

Susan Alexander (DA): What's this? Tag team? How many lawyers does this Roberts guy have?

Lindsay: We all cover for each other. It just seems, in the interest of judicial economy, a joint recommendation could save us all some time.

DA: I'm all for pleading this out but not to 6 years

Lindsay: Listen this guy is scum, I won't pretend, but he could get 2, what if we get an acquittal, have you thought about that?

DA: Not for a second, you? (laughing)

Lindsay: Six is a good compromise, you get him off the street for a long time, you avoid a trial

DA: You're good...I'll settle for 10. Oh and tell Ellenor nice try going to the clerk, that was deft. Wave to Benny over there.

(Ben waves)

***

JUDGE'S CHAMBERS

Judge: You threatened to break his kneecaps?

Eugene: Not break, dislocate

Judge: Right in front of his lawyer?

Eugene: Well it would have been unethical for me to do it outside of council

(Judge smiles)

Colson: He threatened me too. Your Honor! He vowed he knew where I lived and he said it with vicious malice

Eugene: As opposed to affectionate malice

(Judge smiles again)

Colson: I saw that! You finding judicial amusement in this? I am absolutely astounded!

Judge: Stop being such a mole

Colson: I want that put on the record

Judge: (spells out to stenographer) M-O-L-E, as in tiny little annoying rodent. Look I heard your clients tape and I'm sick of all this crap. I am hereby restraining Kevin Gibson from any contact with Ruth Gibson for 60 days. Any and all contact and I'm fining you (points at Eugene) $200. You (to Colson)...hold out your hand.

Colson: I beg your pardon?

Judge: Hold it out!

(Colson holds it out and judge slaps it)

Judge: You get a slap on the wrist. Put it on the record, he's mad.

***

OFFICE

Man: Oh excuse me...I'm looking for Mr. Donnell

Bobby: Yeah thatís me

Man: Gary Newman. I'm sorry I did try to call first, but a recording came on saying service disconnected.

Rebecca: Only for an hour, the phones are working now

Man: Ah. I'm assuming representation of Martin Parks. To be frank, Mr. Donnell, this is most disturbing. For a lawyer to bring an ex-party motion against his own client?

Bobby: Former client. Mr. Parks wouldnít pay his legal fees

Man: Even so...did you send a demand letter first? Did you withdraw as council? Did you bother to give him any notice? Believe me I'm not comfortable criticizing other attorneys, but this goes beyond unprofessional. I think it's actionable.

Bobby: You know what, Mr. Newman, you may be right. Tell Mr. Parks he wins and he can take it all. Rebecca! Sign over our entire law practice to Mr. Parks! Give him the office, the files, the chapter 7 application, everything (hands files to lawyer). We got any petty cash?

Rebecca: Thirty two dollars and 60 cents

Bobby: Give it to Mr. Newman please! (Dumps petty cash box in Newman's arms)

Man: You think this is funny?

Bobby: Do we look amused? First rule for a plaintiff lawyer is to ascertain whether or not the defendant is judgment proof. I am glad that Mr. Parks is suing us now! Now we can counterclaim on having to file the $15 filing fee. Tell your new client thanks. And tell him...I'm going to get him...I'm going to get him

(phone rings)

Rebecca: See? They're working. Donnell and Associates...what?...oh my god

***

STREET Ė sirens and rain. Eugene running. Cut to apartment. Police conversations, focus on a man stabbed in the neck with an arrow.

Detective: He came in screaming, the kid shot him

(Police officer asking questions of Ruth and boy)

Officer: Do you think he was drunk-

Eugene: these people are represented by council. There will be no more discussion. Ruth, listen to me. They'll be taking you to the precinct. You say absolutely nothing until I get there. Michael...same for you. Michael? You don't talk.

Michael: Okay

Eugene (to Officer): Anders vs Rhode Island, people. You don't even ask if they're thirsty

(Body wheeled away)

***

POLICE STATION (Ruth, Bobby and Eugene)

Ruth: He kicked in the door. He was a mad man. Said he didnít care what the court said. Started throwing things. Next thing, I saw his neck...sort of...exploded. There was blood spurting everywhere and I turned aroundÖand there was Michael (sobs). He shot his dad.

Eugene: Did your ex-husband...did he say he was going to kill you?

Ruth: No but he had that look...he was...he looked all crazy (still crying)

Bobby: Alright, listen to me Mrs. Gibson. Listen to every word I say to you. Listen to me. I don't know exactly what happened, but let me tell you what will happen. If Michael is charged with murder, he's going to be doing some time somewhere

Ruth: But how could they do that? (sobbing)

Bobby: Listen to me. If it's self defense, that's fine. If its defense of others, for example if he was defending you, that's fine too. But it's only okay if he thought Kevin was going to kill either of you. As I said, I donít know what happened, but if your ex-husband wasn't posing some kind of deadly threat, then Michael is in some serious trouble. Do you understand what I'm saying here?

Ruth: Yes. (looks Bobby in the eye) He was going to kill me.

Bobby (pats her hand): Alright.

***

WHOOSH (Bobby's Office Ė Eugene, Ellenor, Lindsay, Bobby)

Eugene: Maybe it inflamed the guy. Maybe what I did provoked him into-

Ellenor: No no no. This has been coming Eugene. Ruth even said her husband was trying to kill her. Let's not forget the tape, okay? You did whatever you could to prevent this, you got the restraining order.

Bobby: Alexander got the case I'm told. This could be good

Ellenor: Yeah she didnít help us with Roberts

Bobby: Ah she's...she's a good lady, though. Straight shooter.

Eugene: Look everything this kid's been through, if he's forced to go through a trial or if he's locked up in some hole, then there's something seriously wrong with things.

(Thunder outside.)

***

WHOOSH (BAR)

Colson: Well I guess this one's on the both of us

Eugene: Me more than you. I pushed him over the edge

Colson: No, I knew how close he was to it...so...

Eugene: I'm going to argue self defense. This kid gets stuck in some juvenile hall...DA might look to you for a beat on the father's temperament

Colson: I'll support self defense

Eugene nods

Colson: My god...what have we done

***

COURTHOUSE (Next day)

DA: I can't believe it's that simple

Bobby: the threats were documented in court Susan!

DA: No actually they weren't. In the divorce pleadings there were no mention of threats

Bobby: That's what the restraining order business was about! This guy was trying to kill them

DA: Yeah I got all the back story. But I've still got a kid in a Peter Pan suit

Eugene: Robin Hood

DA: He jumps up from behind the couch and murders his father. What was he doing with real arrows?

Eugene: His father used to take him hunting

Bobby: Susan

DA: Bobby!

Bobby: The boy is 11 years old. He's already in a psychological wasteland. If he has to go to some facility, his life is forever shot. What are we doing here?

Eugene: He's a good kid

DA: Is he?

Bobby: From what I understand, he is the victim. This isn't lawyering Susan, I promise.

DA: Uh huh. Now on Roberts when you tried for six years instead of 12, that is lawyering isn't it?

Bobby: That is not fair.

(Susan pulls Bobby away from Eugene)

DA: (whispers) I'm just looking for a point of release here Bobby. When you tell me that this kid shouldn't be charged are you saying that with the same conviction that you bring to the Robert's case?

Bobby: This isn't right and you know it!

DA: You know, it's a tough world. I've got to walk upstairs to my superiors and tell them I let a juvie killer go scott and settle for six for an armed robber who put a gun up to a senior citizen's temple! That's one for you, one for me. Take your pick.

Bobby: This is completely unethical

DA: You're right and I withdraw the offer. I'm dealing with one case at a time. Roberts is first (walks away)

***

WHOOSH (prison)

Lyle: Now you're telling me ten?

Bobby: Ten is good Lyle. Itís the best that I can do

Lyle: Yesterday six was good.

Bobby: Listen to me. Judge White is tough. There's a possibility you could get life. I don't think that will happen, but what if he slaps you with 20? What then?

Lyle: Maybe I should roll the dice and go to trial

Bobby: You're not going to beat the rap on this

Lyle: What, would every lawyer tell me that?

Bobby: Maybe not before they got your retainer. Look Lyle, as I said, you wanna fire me...fine. I wont be losing sleep but ten is good. One of the reasons I'm getting 10 is because I've got a dialogue with the DA. You wanna play craps, it's your choice. But I think that...I think that you should take the deal.

Lyle: (stares at Bobby) Okay take it. This sucks. (pushes chair back and walks away)

Bobby: (whispers to himself) I know

(Courthouse Ė some hallway)

Bobby: He'll take it. Ten years

DA (Susan): Good

Bobby: Let's turn to our next case. Michael...the little boy

DA: I talked to the officers, read the reports...I'm concluding it's self defense

Bobby: Good

(DA walks away)

***

COURTHOUSE - outside elevators

Eugene: The psychologist wants to see you both again in the morning

Ruth: Okay. Thank you. I don't know how we're going to get through this...but thank you. As long as Michael's not going to jail.

Eugene: oh he isn't. Hey Mike, this is going to hurt for a long, long time. So...you don't have to be this brave Robin Hood or any kind of hero. You just got to talk to the doctor's

Michael: I've gotta take care of my mother

Eugene: You did that son, now you gotta let your mother take care of you okay? (Kid looks away and Eugene looks him in the eye)Okay?

(Michael hugs Eugene and elevator opens)

Eugene: You go ahead...I got some business here

(Bobby walks up)

Eugene: Thank you

Bobby: I lied to my client

Eugene: You didn't lie...you told him 10 years was a good deal. It is.

Bobby: So it's...it's coincidental

Eugene: Roberts wouldnít have done better. And this kid gets a chance. We both know that

(Elevator opens)

Bobby: Yeah

Eugene: C'mon. Iíll buy you a beer

(They get into elevator, they both lean against the back wall)

FADE OUT





 

 


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