Lucy: And you would be?
Best: Charles Best. (Lucy looks at him uncomprehendingly) Eugene paged
me.
Camera cuts to inside Eugene's office. Lucy opens the door and Best walks
in.
Best: Hey, Eugene. What's up?
Eugene: (to Lucy who is still standing there) Thanks. (she leaves. To
Best) You still got Robby G running for you?
Best: Why? Is he in trouble again?
Eugene: I just need to know. You can tell me. I'm your lawyer.
Best: Yeah. He's still on the payroll. Now, are you gonna tell me what's
going on?
He's cut off as Eugene springs out of his chair, takes Best by the collar
and holds him down on his desk.
Eugene: Bobby G hooked up with my son. You running a school business,
Charlie?
Charlie: I'm running a -
Eugene: As of right now you're out of the school business, you hear me?
Rebecca: (coming to the door of Eugene's office) Eugene -
Eugene: I need a second (Rebecca immediately backs up) If I hear the
slightest word that you're anywhere near a school and I'll let you know, I'm
going straight to the cops with everything I got on you. (he lets him up)
Now, get out! (Best leaves. Rebecca gives Eugene a long look, and then
walks away.)
The hallway at the courthouse.
Mrs Kimbrow: Three seventy five?
Jimmy: It's better than we ever hoped.
Lindsay: Susan, Doug, I know. I know how much you want that public
verdict. But you have to remember, in the beginning, it was our goal to do
well enough to force an offer. We're here, we've got a great offer. You're
in debt, you can use this money. Trust me, I'm not thinking about our
contingency here, I'm thinking of you.
Mrs Kimbrow: And I don't doubt that, Lindsay. But we keep thinking of
Lisa.
Lindsay: (sighs) Tell you what. We still have closing arguments, I don't
think the offer's going anywhere. We'll see where we are after summations.
Mr Kimbrow: Okay. Okay. Sorry to be doing this to you.
Lindsay: This is your case, Mr Kimbrow, not ours.
Mr Kimbrow: Yup. (he takes Mrs Kimbrow and they walk off)
Lindsay: (turning to Jimmy and sighing again) Jimmy, I hate to put
pressure on you, but your closing has to be great. If for no other reason
than to keep that offer on the table.
Jimmy: (sarcastically) Thanks, Lindsay.
The office at night, in Eugene's office.
Bobby: We can't risk it, Eugene.
Eugene: Probation puts him in the system. That means he's reporting to
case workers.
Bobby: Yes. For a year. But if we challenge PC and lose, he's branded a
delinquent. That stays on his record for life. Every time he applies for a
job -
Eugene: I can win at probable cause, I checked the case law.
Bobby: Eugene, -
Eugene: I can win it, Bobby. I don't want my kid put into the system when
I know I can beat it.
Ellenor: Eugene, we have a client here found with enough marijuana to
warrant an intent to distribute conviction. We've been offered probation,
it would be malpractice of us to turn it down. Let us help him as his
lawyers. You help him as his father.
-------------------- Commercial --------------------
The courtroom.
Judge: Mr Berluti, we'll hear from you.
Jimmy: (standing and walking to the jury box) Something like ten percent
of all high school kids have been shot at. There are more licenced gun
dealers in this country than gas stations. Guns are all over. Hey, second
amendment, red white and blue. Free country. Truth be told, I thought of
getting one. Protect myself, in my home. My right. But this, this isn't a
self defence gun. It's a spray fire assault weapon. Who do they make these
for? Hunters, collectors, skeet shooters? They know who buying these
things. Just like we all do. And even if they claim not to know about the
black market those guns go almost directly into when they leave the shops,
they can't deny knowing about all these studies that say this is what's
happening. Who are we kidding? They sell gun kits to beat the background
checks. They advertise resistance to fingerprints claiming oh, it's a
moisture corrosion issue. Do you really believe that? Do they really
expect you to? Guns don't kill. People do. That's a nice jingle. But
when you promote assault weapons, when you flood the market with them and
gee, they go off in the hands of the very criminals you derive your profits
from, you gotta take some responsibililty. That's all we're asking, ladies
and gentlemen. We're not in here calling them murderers. We're just saying
it's forseeable that there's a black market for these guns. It's forseeable
where these guns will eventually end up. It's forseeable that people will
use these guns to kill. Forseeable that people like Lisa Kimbrow will end
up dead. Whose buying these things? Just a little responsibility. That's
all we ask. ( he sits down and Lawrence makes his way to the jury)
Lawrence: Every thirteen seconds, an American gun owner uses a firearm to
defend against a criminal. He didn't mention that in his closing, did he?
The tach-10, as the testimony revealed, is viable for both self defence and
recreation. He forgot to touch on that as well. My client never met the
man who shot and killed Lisa Kimbrow. There is no evidence to suggest that
this person ever saw Pearson Herron's advertising. There's no case here.
Man uses a weapon to kill somebody, let's sue the person who made the
weapon, that's what they're saying. Well, then, if somebody gets stabbed,
let's sue the cutlery manufacturer. Drunk driver hits someone, sue
Chrysler. Man bludgeons somebody with a baseball bat, sue Louisville
Slugger. Woman gets poisoned, sue the pharmaceutical company. There's a
deep deep pocket behind every instrument, isn't there? Like automobiles and
baseball bats and carving knives, guns, when used as directed, are safe. A
vast majority of gun owners are law abiding people who use them safely. I
agree this case really is about responsibility. We're becoming this
litigous nation where every time a tragedy occurs we find a deep pocket to
sue. Ray Brown killed Lisa Kimbrow, not Pearson Herron. Responsibility
means going after the ones responsible. And not just the ones with the
money. (he sits down)
Sharon's house. Eugene and Kendall are sitting, Sharon is leaning against
the kitchen counter.
Eugene: I hope you know the bullet you doged. You also better know, you
get arrested again, this case comes alive again. And you get a guilty
finding that labels you a delinquent for the- you look at me - the rest of
your life. First, you're grounded -
Kendall: You're grounding me at Mom's?
Eugene: Keep your mouth shut. Second, I want you at my office this
afternoon. I want you to look Bobby, Ellenor and Rebecca all in the eye and
thank them for devoting the last twenty-four hours to you. Third, part of
my anger at you comes from fear, Kendall. This thing has scared me like -.
As angry as I am at you, I know we gotta do something. I'm signing us both
up for a drug awareness program, and I hope your mom will come too. You can
see I'm angry, but I hope you also see I love you.
Sharon: Kendall, go to your room.
Eugene: I'm not quite done here.
Sharon: Kendall, go to your room. I need to talk to your father. (he
leaves and Eugene stands) I don't want him going to your office. I don't
like what goes on there, I don't like what he learns there.
Eugene: You're blaming me?
Sharon: I don't want him there.
-------------------- Commercial --------------------
A room at the courthouse.
Lindsay: (walking around the table and sitting) They're worried.
Jimmy: Six hundred thousand dollars?
Lindsay: (nodding) Yes.
Kimbrow: I can't believe it.
Jimmy: Doug, Susan, in my opinion this is like an admission of blame.
Mrs Kimbrow: Obviously, you think we should take it.
Jimmy: I can't see how we can't.
Mrs Kimbrow: (to Lindsay) You think so too?
Lindsay: Actually, no.
Jimmy: It's just - (turning to Lindsay) what?
Lindsay: I think your closing hit the mark, Jimmy. So do they, so do their
consultants. And if it's a judgement for the plaintiff, it'll have to more
than six hundred.
Kimbrow: Now you think we should go for it?
Lindsay: I don't know. Six hundred thousand dollars is a lot of money. I
wouldn't be quick to turn it down, but my gut says we'll get more.
Jimmy: (uncertainly) But, the judge could throw it out, just like in the
powerlines case. He just threw it out.
Lindsay: Well, he didn't grant the directed verdict. The New York verdict
didn't get thrown out. (to the Kimbrows) It's your decision.
Mrs Kimbrow: Honey, six hundred is more than we know what to do with. Why
get greedy?
Kimbrow: Cause we want a verdict. And if she thinks we can get one -
Mrs Kimbrow: We're broke. Are you sure?
Kimbrow: We started this for Lisa. Let's finish for her.
Jimmy: (aside and quietly to Lindsay) Are you sure?
Lindsay: No.
The office. Eugene is looking through books, and Sharon walks in.
Eugene: (surprised) Sharon? You wanna go in my office?
Sharon: (uncertainly) Yeah (Eugene begins to walk away) No, wait. I told
my lawyer I could handle this, but I forgot to ask whether I needed
witnesses to do this.
Eugene: (confused) To do what?
Sharon: To serve you with this petition.
Eugene: (looking at the papers) Change child custody?
Sharon: I don't think you've been a positive influence in Kendall's life.
I'm willing to agree to some very limited supervised visitation, but that's
it.
Eugene: You wanna deny me access to my own son?
Sharon: You saw that tape, Eugene. He learned what he learned... (she
breaks off and looks at Rebecca, Lucy and Ellenor watching them) Maybe we
should go to your office.
Eugene's office.
Sharon: I'm sorry to do this.
Eugene: You think it's in his interest to deny me joint custody.
Sharon: I do. Look, I know what you do is important work. But to him,
when you make drug dealers defendable, you make them excusable.
Eugene: It's not that simple, Sharon. You can't be laying this on me.
Sharon: It may be unfair, but I gotta go with my instinct. I don't like
what he's becoming around you. I'm sorry. (she leaves)
The courtroom. The clerk hands the judge the verdict, he reads it and hands
it back to her.
Judge: The clerk will read the verdict.
Clerk: On question one, was the defendent negligent in the marketing,
advertising and distribution of this product, we answer yes. On question
two, was the negligence of the defendent an approximate cause of the
injuries and death, we answer yes. Question three, what amount of damages
will fairly compensate the survivors, answer seven million dollars.
The courtroom reacts with surprise. Jimmy's eyes buldge, but other than
that he doesn't move. Mrs Kimbrow begins to cry, and she hugs her husband.
Lindsay smiles and looks at Jimmy in satisfaction.
Judge: The court has found for the plaintiff.
Lawrence: (standing) The defendent notes it's appeal for the record.
Judge: The jury is dismissed with the thanks of the court, we're adjourned.
( he bangs gavel)
Mrs Kimbrow: (standing and turning tearfully to Jimmy and Lindsay, as she
hugs first Lindsay, then Jimmy) Thank you, thank you.
Kimbrow: I don't know what to say.
Jimmy: Me neither.
Lindsay: (taking Jimmy's arms) Jimmy, you did it. You did it.
Jimmy: And the judge didn't throw it out. I didn't hear him throw it out.
Lindsay: He didn't throw it out. (she hugs him)
Jimmy: Did they say seven million?
Lindsay: Yeah.
Jimmy: I think I'm gonna fall over. Can you hold me up just another
second?
Lindsay: (laughing) Don't throw up on me.
Jimmy: Oh, I won't do that, no. The judge didn't throw it out?
Lindsay: He didn't throw it out.
Jimmy: Cause I didn't hear him throw it out. (she hugs him again)
The office at night again.
Ellenor: (in wonder) Seven million dollars?
Lucy: Yeah, that's what he said.
Rebecca: Have you talked to Lindsay? Sometimes Jimmy gets things wrong.
Lucy: It's seven million.
Ellenor: I don't believe it.
Rebecca: Is this the first plaintiff's verdict?
Ellenor: Second, don't forget the New York case.
Lucy: He's gonna wanna be made partner now.
Bobby: Woah,
Rebecca: I think he should
Ellenor: Is he gonna get a commission off of this? I'm just curious. He's
also gonna be making more money than me this year.
(the camera falls back and screens through the partially open door into
Eugene's office. He's sitting at his desk looking sadly at a photo of
Kendall)
-------------------- End --------------------