Damages s01e05 Episode Script

Previously on Damages.
Ms.
Connor, is that your brother? You really think she killed my brother? Arthur Frobisher he wiped out our whole retirement account.
The law is on our side, evidence is on our side, but if Patty Hewes gets that girl in front of a jury, all bets are off.
This new witness was in Florida the same weekend as Arthur Frobisher.
I met a guy down in Florida.
Gregory turns to be our missing link.
Gregory Malina owned Frobher stock? Keep an eye on her.
If she's going to give us something, she's going to have to get it from him.
I know who he is, the guy in the limo.
Yeah, this is definitely him.
You claim that you saw these men together? Mr.
Frobisher was in a limousine that Mr.
Richards got into that limousine.
Why are you lying? I only tried to help your case.
Katie, you perjured yourself.
The threat's gone.
She lied under oath.
It's been five years.
Starting today, I want you guys to leave me alone.
Just let me live my life.
What is it, Tom? Following Katie Connor around? I'm a lawyer, Patty.
I miss it.
She treats you like dirt for ten years, won't share the spotlight, then she refuses make you a partner.
Martin Tom Shayes.
Make me an offer.
Ellen, please.
Help me to help you.
I mean, tell me what happened.
You can do that.
Someone tried to kill me.
Who? I'm sick of her shit.
That's right, Tomahawk, break the shackles.
Take the power.
Always identify your oppressor by ne.
*** So what's shit are you sick of? Patty's.
Say it loud! I sick of Patty Hewes' shit! Damages Season 1 Episode 5 A Regular Earl Anthony And then she tells me I got to learn how to fall on my sword.
Bullshit.
You gave her every drop of blood and sweat.
Pro and con 'em for me.
There were more pros.
Trust me.
No, come on, seriously, make a list.
This is important.
All right, all right.
If I take the Cutler job, I make more money, become a named partner.
Get equity stake in the firm, better benefits.
What are the cons? Nothing, Tomahawk.
Look, listen, I understand.
You've been with her ten years.
You want to respect spoken and unspoken commitments, but you got to forget that shit, all right? I can be objective here.
I'm on the outside looking in, and this bitch is jerking you around.
- I know, I know.
- Right? Plain and simple.
Plus, she's high on this new associate, right? You got to make Patty feel the sting.
The only way they ever let me run European at Lehman was by me stepping away.
I thought he said that he was grooming you for SVP right out of B-school? He said all kinds of stuff.
Tom, listen, with certain bosses, the Pattys of the world, the only way to earn their respect is to show them that you don't need them that you got somethg going on for yourself that's better than being at their beck and call.
I was gone one quarter, and etrich would have swallowed broken glass to get me back.
He had to fork over a signing bonus of 13 mil.
- Really? - That is what I'm talking about.
- Jesus.
- Yeah.
So take the job at Cutler, and just devote yourself to it entirely, and give it time, all right? And if Patty Hewes doesn't come after you Yeah, well, she was not going to make me a named partner anyway.
Exactly, but at least you're in the driver's seat.
And handling the wheel's a beautiful thing.
Trust me, it's win-win.
You're steering your own destiny.
Right, definitely.
- You're right.
- So, when are you going to break her heart and break the news? Tonight.
Power.
Good.
That's it.
Now, fluidity of motion.
That's it, right through.
Fuse your mind and body.
Right through your powerhouse.
- Breathe - Oh, shut up! Good, let it out.
Just let it out.
Accentuate the strength of your body.
That's it.
Correct your weakness.
Squeeze.
Correct your imbalance.
And we're done.
You're going to see Katie? For how long? Couple days.
Gonna leave after my shift.
And the hospital's okay for you to take time off work? She's my sister.
They have to be.
Second shelf.
Flight's still got some available seats if you're interested.
You know I can't leave work right now.
Of course you can't.
David, don't do this.
What am I doing? Katie lied in her deposition.
I am working 20-hour days trying to get Frobisher to pay for what he did.
Right.
Baby, there are 5,000 employees that need Patty to Enough, okay? I've heard all of this before.
I'll call you when I land.
Wait.
For the plane? We have to pick one.
What is it? Wedding bands.
No, Cocoa, don't eat that.
Cocoa, don't eat that.
Oh, God.
Leave me alone.
Hey, it's Katie.
I'm going to be out of town for a while.
Leave a message.
I just want to impress upon you that pulling a settlement now is a move wherein tremendous risk may outweigh negligible reward.
Yeah, well, I didn't get to where I am by playing it safe, right, Ray? And when you say, "Where I am," Art, I can only assume you don't mean on trial for corporate malfeasance.
Look, all I'm saying is, putting your life in the hands of 12 strangers who most certainly will not be your peers is a dangerous proposition.
It's my job to protect you from that at all costs.
You ever play a team sport, Ray? Fencing.
I specialize in épée.
No.
No, I mean a team sport, like football.
You know, God I love that game.
I hate the way it's being micromanaged right now, but I love the sport.
The prevent defense have you ever heard of that? Well, it's the strategy that you're advocating right now.
You roll it out when you're not really playing to win.
You're just playing not to lose.
I'm afraid you lost me there, Art.
Yeah, well, I would rath play straight man-to-man.
You know, blitz the shit out of them and take my chances.
Chances.
Look, just think of this as a small deductible on a $2 billion insurance policy.
Well, that's easy for you to say, isn't it? 'Cause it's not your money.
Or your reputation.
Look, Katie Connor is gone now.
We get to trial, I can clear myself completely.
You know that girl's just one small piece of the puzzle.
And I'm worried the sun don't shine on the same dog's tail all week.
I have no idea what that means.
It means we got lucky.
This is my legacy.
I want my name back, god damn it.
I want redemption.
Look, I understand.
No, you don't.
You can't, Ray.
You don't have kids.
I settle now, I admit guilt on the front page of every newspaper in the world, and that never goes away.
They'll write that on my tombstone.
Patty.
Hey, Tom.
Hey, there, Tommy.
Ray Fiske called.
He pulled the settlement off the table, which is Exactly what we wanted.
- I need to talk to you.
- Sit.
Eat.
Phil's away.
He never allows me to order this crap.
We have to finish everything.
You have to hide all the evidence.
The dates checked out.
Gregory Malina dumped his Frobisher stock the exact day Arthur Frobisher did.
Interesting.
How did a waiter in the West Village get the same inside information as a big CEO? Look at you.
Two peas in a pod.
It's a beautiful thing.
Fiske and Frobisher have no idea you're onto them, all thanks to little Ellen Parsons.
Yeah, but the one problem is, if we subpoena Gregory immediately Ellen will realize that we've known all along.
So let's just wait until she finds out about Gregory on her own.
What if she doesn't? All right, we'll deal with it.
I mean, she's just not our priority.
In the meantime, Tom, I want you to keep digging No.
No? Is there a problem? Yeah, there is a problem.
Martin Cutler extended himself.
He made an offer.
It's a good one.
Congratulations.
Look, I'm not here to negotiate, Patty.
He offered to make me a partner.
Named partner.
Plus, a signing bonus.
I'd fight to keep you, Tom And a base of 9500 grand.
I don't think it would be in your best interest.
Cutler's offering to make you a named partner? You have that in writing? Along with all the other points.
Sounds like the deal of a lifetime.
Deb must be thrilled.
Absolutely.
You know, do me a favor, when the checks start rolling in, don't just save up.
Spend some on yourself.
I know how hard you work.
- You deserve to enjoy it.
- Patty, I want you to know Buy Deb that house by the lake that she wants.
Put in a real fire pit.
Don't forget to invite me over.
- I appreciate all you've done for me.
- I mean, Martin's got a much bigger shop over there, Tom.
Incredible room for movement.
Don't give it another moment's thought.
I just wish I could top his offe.
Would you like a beer, Tommy? No.
I, uh I can't stay.
Walking out of your own last supper? Hey.
You pulled the settlement.
I thought we were going to work this out.
Oh, we've still got a long road ahead of us.
Win or lose, you'll be taken care of.
Don't worry about it.
I'm not just in this for myself, I work with those people.
They're friends.
And I tried to be fair with them, didn't I? I know.
I don't know what to say.
You know, I'm I'm innocent.
My wife's got diabetes, Mr.
Frobisher.
I've got a mortgage, medical bills.
I'm sorry.
Look, you have you've really come through for me.
So even if this even if this gets to a trial, if we don't settle, your cooperation has been invaluable.
I want you to know that.
This is what I want to do, I want to double our arrangement.
Okay? Yeah.
You may need to do a few more things for me.
Like what? She pleaded with us for time to find a witness.
We gave her a shot, and she blew it.
The witness lied.
It's not her fault.
Regardless.
That hundred million, gone.
We got nothing.
Patty Hewes is useless to us.
So what are you saying? Fire her.
Cut out the cancer.
Could we please not smoke? We're not smoking.
I'm smoking.
If you're smoking, I'm smoking.
- Anybody else got a problem here? - Larry, don't do this.
Okay, I'll join you for one outside in ten minutes.
Can't even find my goddamn lighter.
We picked Ms.
Hewes for a reason.
She's the best.
She said there'd be some setbacks.
We knew there were going to be some ups and downs.
Where the hell are the ups, Karen? You're a gambler.
You don't change your horse mid-race, do you? If it's pulling up lame, I do, then I shoot him.
Oh, Jesus.
Two right in the head real quick, problem solved.
All right, look, we need a consensus.
And for that, we may need to compromise.
You got any bright ideas, kid? Yeah, actually.
I do.
What if I gave you a plant? Would Ms.
Hewes have a problem with that in the office? I mean, how can you say no to a plant? How's your pad Thai? Oh, it's delicious.
Now, does that name refer to the noodles or the sauce? I think it's the whole dish.
So, how's it all been going? - What? - "What?" She asks me.
The wedding planning? Oh, great.
We had our first fight.
Did he leave angry? You can't let that happen, Ellie.
You and David need to take some time together.
You're both so busy.
Mom, there is no time.
This is your future husband.
You need to make time.
Talk to Ms.
Hewes.
I'm sure she'll understand.
Yeah, I'll talk to Patty.
So, shall we try on the dress? Great.
I did the resizing.
Did I tell you about the scandal? - What scandal? - At the church.
Try the dress and I'll tell you.
So you know about the second service they'radding on Sundays? Dad told me.
Well, apparently the idea is to attract younger members.
So instead of having a traditional choir, they're going to play rock and roll music.
The pastor asked your sister to help put together a band.
She's finally going to be a rock star.
Can you believe that? Ellen? Ellie.
What's the matter? You don't want to wear my dress? I'm really glad you're here.
Oh, me, too, baby.
Me, too.
We've come to you as a united front because we think it's time.
For what? A month ago, you fired Tom.
Don't tell me a story.
Tell me what you want.
Appoint a new second chair.
Since Tom's left, there's been a leadership vacuum.
Felicia and I have discussed it at length.
And we'd like to know if you're amenable to us sharing the position.
I'm not.
My second chair is indispensable to me.
That person is my eyes and ears.
The job is all consuming.
I'll appoint one when someone's earned it.
- But - Yes? I'm sorry, Ms.
Hewes.
Karen, what happened? What's wrong? I voted against it.
Voted against what? Firing you.
The group hired another attorney to represent us.
Who? We want you to know, this isn't a decision we take lightly, but We lost confidence in Patty Hewes.
All she's done is make promises she can't keep.
She never even consulted us when she fired you.
And you know the case better than anyone.
We called because we trust you.
Well, thank you.
Thank you, I, uh I appreciate that.
But you should know, at this point any change in representation is a risk.
It could signal weakness to the other side.
We're already weak.
Yeah, the settlement's gone.
Our key witness was a bust.
You want the job or not? Yes, I do.
A hundred percent.
And, uh to be honest, I, uh well, it couldn't come at a better time.
You at a new firm now, or what? Yeah, I'm currently weighing an offer, but with this opportunity, I need to reevaluate.
I think it might be best for you all if I go out on my own.
I don't think your case should be compromised by anyone else's agenda.
What's the name of this new guy? Thomas Shayes.
This trial's going to be like a cakewalk.
This ain't his first rodeo, Art.
He graduated Yale Law and went straight to Rehnquist's office.
Patty handpicked and groomed him.
She wouldn't be where she is today without him.
Why are you bringing me down like this? We're having a nice lunch.
Don't get me wrong, we have an opportunity here.
Whoever is on the other side in that courtroom, it's the jury you've got to worry about.
What opportunity? Tom's going to want a quick score to cement his reputation, now I think we can get him to bite on a settlement figure.
Why the hell would I want to do that? I just pulled a hundred million off the table.
What if I could get Tom to agree to 75? Why would he do that? Patty Hewes couldn't wi so there's no shame in settling.
Man, I've eaten too much.
Think about it, Art.
Thomas Shayes.
Quite certainly a welcome break in the weather to see you.
How's the view from the first chair? I could get used to it.
Well, it suits you fine.
It's going to be a challenge to tackle this all by your lonesome, don't you think? Word on the street says Martin Cutler's made you a generous offer.
Right now my priority's with the clients.
I'm not sure if Cutler's the right fit for them.
I see.
Can I have Kitty rustle up a beverage for you? A sparkling water or do you prefer something more potent? Not during billable hours, Ray.
Oh, a regular Atticus Finch.
Suit yourself.
Well, as I'm sure you know, Mr.
Frobisher's withdrawn his generous offer.
So I gather.
And not to tell tales out of school, but my client's a stubborn man mule stubborn.
Once he gets a notion, it's got.
Well, I appreciate that.
I'm not an unreasonable man, Tom.
I assume you wouldn't be here unless you had something to offer.
Maybe now that your illustrious predecessor's out of the picture, reasonable minds can prevail.
I don't see why not.
Well, good.
So throw me out a number, Tom.
Let's see if I can get that old mule to back up.
Well, I'm no Patty Hewes, Ray.
Well, thank Jesus for that.
But I did spend ten years with her, and there's no number that I'll accept.
I want to go to trial.
I want to put your multibillion dollar poster boy for corporate corruption in front of a jury and watch you try to explain to them that he's not a crook.
Hey, Tomahawk.
She couldn't be more than 23.
That's four years older than the last one.
Hey, brother.
The witch is dead.
Ding-dong.
Welcome to your new life.
Ah, Deb, gorgeous as ever.
Oh, you're sweet.
This is Keira.
Hey, what'd you do? Did you change something? Haircut, lose some weight, or Oh, I know what it is.
The size of these things.
You should feel these.
He's a regular Earl Anthony over here.
That's okay.
Trust me.
All right, we're ready.
Thanks, baby.
I had her ice 'em up for us.
Grand Siecle? Plenty more where that came from.
Here you go, baby.
An indentured servant no more.
Anyone ever tell you you look like Tom Cruise? No.
No, they haven't.
What's the matter? Nothing, just, tough week.
Maybe that's what I'm here for.
Tell me about it? What are you drinking? I keep thinking maybe someday I'll just I'll wake up and I'll realize something's missing, but right now, shit, you know, I turn to this one and I say, "Baby, pinch my dick".
Is it po is it possible for life to be perfect? No.
What's that? Nothing.
So she didn't fight for you, Tommy.
So what? - You know? - Yeah.
Cutler's still wet in the panties for you and, more importantly, regardless you are your own man.
You can take this Cutler offer and parlay it into five more.
Shayes, the world is your oyster, man.
I'm gonna I'm gonna go to the bathroom.
You good? - Okay? - Yeah, yeah, I'm just Tom, Tom, Tom.
What the hell are you doing to yourself? Oh, I'm, I'm drunk.
Yeah, well I can see that.
Yeah.
What are you what are you doing here? You are in the opportunity of a lifetime and you act like you're grieving.
Getting out from under my shadow was the best thing that could ever happen to you.
You didn't, you didn't even fight to keep me.
You have more talent more raw potential than any than any attorney I have ever worked with.
Well, you, you never to me that before.
Letting you leave is the only way to get you to realize it.
You're your own man, Tom.
It's time you stand on your own two feet and walk away.
You can be better than me.
Tom! Sweetie, sweetie, are you okay? Sweetie, talk to me.
I feel bad.
Yeah? My apartment's right up here.
How convenient.
Move, move, move.
Easy, easy, fellas.
It's okay, it's okay.
They just, they just want some money.
Hey, hold on.
Shit.
You guys are going to have to find somebody else.
Enough.
Enough! Why are you so stupid? What the hell do you want? I did everything you told me to do.
We didn't tell you to call Katie Connor.
I burned her as a witness.
It's done.
You hear me? I'm done.
You should be so lucky.
If Katie Connor decides to talk, you're be the center of this whole case.
Patty Hewes will be looking to depose you.
Now, we need to know: can we count on your cooperation? How was your flight? Fine.
Dad driving you crazy yet? They're both tiptoeing around me.
What have you told them? The short version.
Mom said not to worry about losing the restaurant, Dad told me the story about not making varsity the first time around.
I haven't heard that one in a while.
How's my lawyer friend? She wanted to come.
But she's stuck up Patty's ass and couldn't make it.
She's my fiancée.
You guys found a new caterer for the wedding yet? Katie, how long are you guys going to be mad at each other? Is that why you're here? To referee? She feels bad about what happened.
- Does she? - Of course.
How's the case going anyway? As far as I can tell, it's not good.
All hell's breaking loose, but you know what? Honestly, I don't really care about that right now.
Good, 'cause they're not going to win that thing.
Why not? Because of Frobisher.
Because he controls everyone.
For all I know, you're on his freaking payroll.
You have no idea what I'm talking about, do you? No.
Tell me.
The truth doesn't even matter anymore.
Katie.
You can't accuse Mom and Dad of tiptoeing and then shut me out when I'm trying to talk to you.
You'll have to hear details about your sister's sordid sex life.
I think I can handle that.
So congratulations.
You know that the clients came to me, right? - I know.
- I didn't poach them.
- I know, but - Okay.
I still don't think Patty would condone us doing this.
Us talking? Andrew told me that you might be joining Martin Cutler's firm.
Yeah, well, the truth is since the clients have come to me, I'm thinking about going out on my own, which is why I wanted to talk to you.
You're getting to know the case really well.
I'm sure you heard that Katie didn't pan out as a witness.
Yeah, yeah, I'm sorry about that.
It turns out what you said at the stables was right, though.
Patty's kept me around even though she lost Katie as a witness.
I'm sure you're there because you're doing excellent work, which is why I'd love for you to join me.
I need somebody I can trust and you'd make a valuable addition to the team.
I'm flattered but you don't need me, Tom.
You think maybe you're just trying to get back at Patty? Take what's hers? The Frobisher case is an excellent opportunity.
Patty took a chance on me.
I owe it to her to stick around.
All right, I get it.
I understand.
You're still new.
You want Patty's approval.
Just don't it stay that way forever.
Hey, there she is! How was visiting day? There are three other girls who play the saxophone.
- Really? - And the music teacher said she used to play with Bruce Springsteen.
Bruce Springsteen? She loved it, huh? Yeah, they all do.
Place was voted Best School Spirit in New York Magazine three years running, hmm? Well, listen, thanks for your help in getting her in.
Yeah, look, I I didn't do this from the kindness of my heart, Tom.
I know.
So, I I hear you picked up Patty's clients in the Frobisher case.
I've been meaning to talk to you.
Look, look I'm not going to pretend that this doesn't give you more leverage, and I'm willing to renegotiate, but I hope to shit you're not thinking about going out on your own.
The thought's crossed my mind, Martin.
You could fight that case for another two years, and get nothing, Tom.
Got to go.
Tom? I'm putting a clock on my offer.
You got till the end of the day.
I want an answer in the morning.
Yes, I'm Alice.
- You be everyone else.
- All right, okay.
How do you like the queen? Not at all.
She's so eremely likely to win that it's hardly worth finishing the game.
How impertinent! Oh, I'm going to chop your head right off! I am, I'm chopping it.
That's it.
I've got a hatchet.
Uh, it's Patty.
She's outside.
She wants to talk to you.
If I had to lose the clients, I'm glad I lost them to you.
I mean it, Tom.
So you must have a lot of options now.
It's an exciting time.
Deciding whether to go with Cutler or strike out on your own? Yeah, I'm weighing things.
If you ever want to talk strategy, bounce around some ideas, I'm all yours.
No strings attached.
Very generous.
The case is all about Gregory Malina now.
He's linked to Frobisher somehow.
Find out who's giving him orders.
I will.
I will.
Why did you become a lawyer, Tom? I've told you before.
There are a lot of reasons.
- Whatever you're trying to do here - I know exactly why I did.
Because of your father.
I don't give a shit about changing the world.
But I hate bullies.
Look, I'm sorry that you had to go through that.
Made me who I am.
You're a great number two, Tom.
You always were.
You always told me the truth.
It's going to be difficult without you.
Well, Andrew's capable, and, Felicia.
Give her a couple months.
It's a huge difference between being number one and being number two.
Yes.
There is.
You're a number two, Tom.
That's your talent.
That's your limit.
This is what you came here to tell me? No.
I came because I care about the clients.
I only want what's best for them.
Take them to Cutler.
Oh, Jesus.
You'll drown out there on your own, Tom.
I don't want the clients drowning with you.
You can't do it.
You're not ready.
You're in the optimal negotiating position.
All right? You're in the god damn catbird seat.
You got options, champ.
You got Cutler.
You got Hewes.
You could go out on your own.
Thank you, baby.
Here, this is for you.
Do not divvy it up amongst the others, okay? Just keep it in your pocket.
Look, you just got to pull the trigger.
You know what I have chiseled on a slab in my office? Audentes fortuna iuvat.
Fortune favors the bold.
That's right.
That's right.
And why are all these clients falling into your lap? Because that is fortune, baby, and right now, she is favoring you.
Tom the world's made up of all kinds of people, and that is a good thing, but if you're ally sitting on the fence with this, if you need advice, maybe you're not the guy.
The guy for what? I'm incredibly selfish.
I do things the way I want.
Okay? And I'm greedy, and it's a blessing, and it's also a curse.
There's no law that says you have to be me.
So, what-what are you saying? I'm saying what we both know, man.
You want to work for Patty Hewes.
Patty Hewes damn well better make you a named partner.
Next time I see you, Hewes & Shayes better be on that door.
It's early.
Yes, it is.
So, you have your negotiating points? There's no room to negotiate here.
Yes.
Partner.
I just spoke to the clients.
Really? What did you say? I told them that no one will fight for them like you.
And if they left you, it would be the biggest miske of their lives.
And? And they're willing to come back.
Thank you, Tom.
Yes.
No.
No name on the door.
It's still Hewes & Associates.
See you at 9:00.
Hey! You're back.
Is that your mom on the couch? Yeah.
Wedding planning went a little long.
How did it go? Good.
She's pushing for my cousin's band.
We need to gang up on her.
I'll be glad to.
How was your trip? How's Katie? She's hanging in there.
Babe, I'm so sorry.
I was wrong.
I should have come with you.
It's okay.
No, it isn't.
I've been taking you for granted, and the last thing I want is for my job to come between us.
Well, I ould be apologizing to you.
What for? I think this case is even more complicated than you think.
Katie told me a few things.
Turns out, Katie lied in her deposition because of this asshole.
Her one-night stand in Florida? He set Katie up to perjure herself.
But Katie told me she never saw him again after that night in Florida.
She lied.
She started seeing him again a few weeks ago.
His name's Gregory Malina.
I suggest we subpoena him.
Well, put it together ASAP.
Good work, Ellen.
Tom! Glad to have you back.
Someone tried to kill her? That's right.
And, uh, where is this body? Patty Hewes' apartment.
I'm so sorry Miss Hewes Don't trust no one