Bobby: You dated George, he'll try to use that.

Ellenor: That's not relevant!

Jimmy: Your judgment during trial is relevant, he'll try to show that you were clouded by -

Ellenor: Let's bring a motion in liminee.

Jimmy: Too late. You're on at four o'clock.

Ellenor: Continue it till tomorrow.

(Scene, the office)

Bobby: We'll look worse trying to evade, let's just be up front about everything.

Ellenor: You know, that's easy for you to say, it's not your personal life.

Lucy: Who's got a personal life?

Everyone: Lucy!!

Lucy: Hey! Right off. I quit. See ya.

(Bobby drags her into his office)

Lucy: Look, I've tried to fit it….and I realize it's probably my fault that I don't. But let's just all admit it's not working!

Bobby: I won't admit that. I think you've been doing great.

Lucy: You're the only one who's been nice, and Jimmy, sometimes Rebecca, and Ellenor when she's not riled.

Bobby: Lucy, we all snipe at each other. The fact that they dish it out to you like everybody else, that's just a sign of being accepted. I think maybe we just assume you can take it because you're so….

Lucy: But I'm not that tough. I'm just…pushy. A little.

Bobby: Why do you think that is?

Lucy: I'm just used to taking care of people. And you guys, sometimes you seem like you need it a little.

Bobby: We do. You're working out, I promise.

(Scene, courtroom, Ellenor on the stand)

Ellenor: It wasn't that we thought Steve Robin killed his sister, so much as we couldn't exclude the possibility.

Jimmy: Well let's be honest, Steve Robin was a bit of a red herring.

Ellenor: Yes. Which is viable because the police didn't investigate.

Jimmy: Detective McKrew claims they did.

Ellenor: George Vogelman did not kill Susan Robin. George Vogelman passed a lie detector test that we gave him. District Attorney Helen Gamble -

Silva: Objection. Hearsay.

Jimmy: Not offered for the truth, but only as to what the witness heard.

Judge: I'll allow it.

Jimmy: What did District Attorney Helen Gamble tell you?

Ellenor: Basically, that the police had a disincentive to investigate. The victim's head was found in George Vogelman's medical bag. He represented the only chance they had at getting a conviction, they desperately needed to satisfy public pressure, and any new evidence would only serve to undermine what they believed was an open and shut case.

Jimmy: Leaving you with the idea…..?

Ellenor: They were more concerned with getting a conviction than they were with finding the real killer.

Silva: Helen Gamble told you this.

Ellenor: She suggested to me that could have been why the police didn't reopen.

Silva: Told you this in confidence?

Ellenor: Pretty much.

Silva: And you sprung a little surprise, calling her to the stand, making her say that under oath. She didn't see that coming, did she?

Ellenor: No.

Silva: You basically sandbagged her.

Jimmy: Objection.

Silva: Withdrawn. What's plan B?

Ellenor: It's sort of a slang code we have for well, shifting guilt to somebody other than our client.

Silva: It's pointing the finger at someone else in court, saying he did it. Is that it?

Ellenor: Basically.

Silva: And basically you decided to plan B Steve Robin in the Vogelman trial.

Ellenor: Yes.

Silva: Stand up in open court, and suddenly say, he killed his own sister.

Jimmy: Asked and answered.

Judge: Let's move on counsel.

Silva: When you decided to plan B Steve Robin, did you think he'd killed his sister?

Ellenor: We didn't know.

Silva: Oh, I understand you couldn't know for positively sure. My question goes to what you thought. Honest answer. Did you really think he killed his sister?

Ellenor: No.

Silva: You'll do anything to get the client off, won't you?

Jimmy: Objection!

Judge: Sustained.

Silva: Have you ever been suspended in connection with jury tampering?

Ellenor: That was an innocuous exchange that happened in an elevator between a colleague and a juror who tried to ask her out on a date.

Silva: You're required by law to report these communications to the judge, aren't you?

Jimmy: Objection, relevance.

Silva: Offered to show a pattern of deceit. It also bears on the witness's honesty, which she puts in issue by testifying

Judge: I'll allow it.

Silva: Want a cup of water Ms. Frutt?

Ellenor: I'm fine. Thank you.

Silva: Did you persuade your colleague not to report the jury tampering because it might cost your client an acquittal?

Ellenor: Yes.

Silva: Client there was an alleged drug dealer?

Ellenor: Yes.

Silva: Couple of months ago, you had another client, a drunk driver? He hit a pedestrian, called you from the scene. You advise him to drink right there on the spot?

Jimmy: Objection!

Silva: Pattern.

Judge: Go ahead.

Silva: You tell this client, let yourself be seen drinking, so that when you fail the breathilizer, you can say you were drinking after the accident?

Jimmy: Your honor, this is getting way off track.

Judge: I agree, let's move one.

Silva: Is there anything you won't stoop to, Ms. Frutt?

Jimmy: Objection.

Judge: Sustained.

Silva: You consider yourself an honest person?

Jimmy: Objection!

Judge: Sustained.

Silva: You don't want her to answer that, you think that'd be kind of a slowball?

Jimmy: Objection.

Judge: Sustained.

(Scene, a room in the courthouse)

Ellenor: Where the hell were you??!?!

Jimmy: I was up and down like a jack in a box -

Ellenor: You came in late! And where were you?? (to Bobby)

Bobby: Ellenor! Jimmy's right! If we ducked those questions -

Ellenor: Those questions have nothing to do with this case!!

Jimmy: They had to do with YOU!!

(Bobby yells)

Ellenor: You hung me out!

Bobby: Silva hung you out with your own history. Jimmy did nothing wrong.

(Scene, Helen and Lindsay at home, decorating their Christmas tree)

Helen: You shoulda settled this.

Lindsay: Tell me about it.

Helen: Lindsay, if they come back over the policy, it's gonna be Donnell, Young, Dole and Shut.

Lindsay: I know.

Helen: Aren't you scared?

Lindsay: Yes. I've been thinking about leaving anyway, a little.

Helen: Excuse me??

Lindsay: A little. Ya know, maybe to a bigger firm. I don't know.

Helen: You're in love with him.

Lindsay: What? Who?

Helen: What are you afraid of? Because you two work together? If it's right, it's not gonna -

Lindsay: It isn't right. And I know where it would end, I don't wanna end up like -

Helen: Like what?

Lindsay: He's a work-aholic for one thing.

Helen: What's another thing? Are you waiting for him to totally get over me, cuz it just doesn't happen.

Lindsay: Let's just decorate the tree.

Helen: Sure……..You're an idiot.

Lindsay: Decorate!


(Scene, Bobby's office)

Bobby: Obviously, Silva has moles. He heard about plan B, Ellenor advising a client to drink….the jury tampering thing was on record, but what happened with Helen Gamble, that wasn't.

Jimmy: The guy is tapped in.

Bobby: Tapped in or not, this doesn't happen unless people in this room are talking.

(They all look at Lucy)

Lucy: I didn't tell!

Bobby: Nobody's saying you did.

Lucy: No, not much!

Bobby: The point is, we can't repeat stuff, not to friends, relatives, anybody, because Tommy Silva knows everybody, everbody. Eugene, you ready?

Eugene: All set.

Jimmy: I don't plan to be protecting you, just like with Ellenor.

Ellenor: Great.

Bobby: C'mon, let's go.

Jimmy: Hold on. You all got your tails between your legs. I think Silva is making a mistake the more of this outside stuff he puts in. The jury tampering, the drunk client - he's trying to win with evidence that's got nothing to do with this case. The jury can see that. So let's not go in the room looking like losers ok? The jury can see that too.

(Scene, courtroom, Eugene is on the stand)

Eugene: When I persuaded Steve Robin to testify, my intent was only to establish his sister being on the internet. I never lied to him.

Jimmy: But let's be fair, when you changed your strategy, you didn't call him up and say, by the way I plan to accuse you.

Eugene: No.

Jimmy: You wanted to spring him.

Eugene: Yes.

Jimmy: Why?

Eugene: By surprising him, I had a better chance of causing him to be outraged. Rage and outrage, they can look alike. If I could get a jury to see rage in him, then they could more easily believe he could have committed a homicide.

Jimmy: Do you believe he killed his sister?

Eugene: I didn't know that he didn't. But I really didn't think that he did either.

Jimmy: So Mr. Young, you're basically admitting you accused Steve Robin of something you yourself didn't really think he did.

Eugene: I do not admit that I am guilty of any wrongdoing.

Jimmy: And why not?

Eugene: Because as a defense lawyer, it is my job to raise questions. To play devil's advocate to what the government is saying, sometimes you might look like a devil doing so.

Jimmy: Don't you feel ….bad? Steve Robin, he's probably innocent.

Eugene: Of course I feel bad. But George Vogelman is innocent. He was framed, the police didn't investigate, and I wasn't about to let an innocent man get a life sentence for something he didn't do.

Silva: You're facing possible discipline from the bar, because of this plan B tactic aren't you?

Eugene: I was reported to the bar, I suspect at your urging.

Silva: The bar is conducting an inquiry?

Eugene: Yes.

Silva: You sound, maybe it's me…you sound almost proud of what you did.

Eugene: Like I said, I didn't enjoy having to attack Steve Robin. But once a defense lawyer takes a case, he has to use whatever legal means possible to defend his client. That's what I did.

Silva: In fact, plan B, you guys use this strategy a lot, don't you?

Eugene: We use it on occasion. When we deem it viable.

Silva: Last week, Bobby Donnell had a case.

Jimmy: Objection.

Silva: Pattern, your honor.

Judge: Go ahead.

Silva: A baby was killed, and your firm represented the convicted killer. Bobby Donnell stood up in court, and accused the baby's father, didn't he?

Eugene: I wasn't there, but to my knowledge, the facts supported the question.

Silva: And that too would be a lawyer's job right?

Eugene: Yes.

Silva: In fact, any grieving parent, should his baby be murdered, should expect to be accused of killing his child because that's our system.

Eugene: It's not that simple.

Silva: Well, you're sure making it sound that simple Mr. Young. You're sitting in that chair, and we're talking about accusing family members of murdering their loved ones as basic defense strategies. You sure make it sound easy. That's all I got.

Judge: Mr. Berluti, redirect. Mr. Berluti?

Jimmy: Yes your honor. Going after Steve Robin like that, you weren't a little disgusted with yourself?

Eugene: As I testified, I didn't enjoy doing it.

Jimmy: That wasn't my question. I asked weren't you disgusted with yourself? Didn't you go back to the witness room right after and say something to the effect like you were a monster for doing that? Isn't that what you told Ellenor Frutt?

Eugene: What are you doing?

Jimmy: Last year, your ten year old son said my dad gets killers off. You were disgusted with yourself when you heard that, weren't you? You wanted to quit practicing law.

Silva: What's going on?

Jimmy: I'm asking the witness some tough questions. If he doesn't answer, I'd like to treat him as hostile.

Silva: This is just another stunt, your honor….

Jimmy: Why don't you sit down till you know what you're talking about?

Judge: Alright, I'll give you some latitude counsel.

Jimmy: You like putting killers back out there Eugene? Two years ago, some pedophile you defended, you put him back on the street. He sodomized and murdered two little boys, didn't he? You snapped in court, and you beat up your own client, didn't you? If they hadn't pulled you off him, who knows what would've happened, right Eugene? This spiel, defense lawyers do what we must and we don't apologize, that's a bunch of crap isn't it? You get disgusted with yourself a lot. And you got disgusted with yourself after attacking Steve Robin on the stand, didn't you? Cuz you knew then, like you know now, it was despicable. Isnt't that the truth? We can take your silence as a yes, can't we Eugene? (Eugene looks angry, nostrils flaring)

(Scene, elevator)

Eugene: What the hell was that??

Bobby: Alright.

Ellenor: Eugene.

Jimmy: You were up there like a robot. You couldn't have been worse. If we rested on that, we lose big! You were terrible!

(Scene, office)

Lindsay: How'd it go?

Bobby: Jimmy!

(doors slam)

Lindsay: I don't think it went well. (Rebecca nods)