Boston Legal s01e09 Episode Script

It is also my expert opinion that the document analysis is reliable as these handwriting samples are comparatively similar.
I see.
- I am so bored.
- Shh.
I need to get back to the office.
I have so much work to do on the Meyers case.
The sample provided on the top contains the same content as the original on the bottom.
Namely, they are both the subject's signature.
No pun intended.
Namely.
This is actually killing me.
Part of me is dying.
Shh.
I have a bomb! - This is better.
- Remember me, Judge? Fifteen to 20 for aggravated manslaughter? Well, I got out today.
And you know what? I'm still aggravated! - Sit down! - Do you mind? We're trying to conduct a trial here.
Get over here! Did you hear me? I said I had a bomb.
No, you don't.
And here's why.
"A," you said manslaughter, which means that you didn't have the guts for murder one the first time around.
- What? - "B,"if you're clever enough to make that aggravation joke you're clever enough to know that threatening to have a bomb carries a much lesser sentence than actually wearing one.
"C,"that coat is fairly svelte.
And "D," if you really had a bomb, you wouldn't need to have a hostage.
- Would you? - I do have a bomb.
Come on.
We've got two more expert witnesses to get through by lunch.
I'm assuming you could speed through your testimony to keep up with our schedule.
- Uh-huh.
- You sit down, or I'll blow this thing! - You don't have a bomb.
- Yes, I do! - No, you don't.
- Yes, I do.
- Prove it.
- Mr.
Chase, perhaps I was a hostage negotiator as a marine.
This man does not have a bomb.
- I do too! - You're interrupting, sir.
- Mr.
Chase - Show me the bomb.
- I'll blow this thing.
- Mr.
Chase! Show it to me.
I'm not gonna show you.
I didn't think so.
Huh? Fine.
What do you know? - What's that thing? - It's an ornament.
- Christmas tree ornament.
- You can't go to court like that.
Of course not.
- You okay, Denny? - It's this case.
It seems like I've done nothing else but work on it for the last three weeks.
What in particular about the case is bothering you? I don't know what it's about.
It-It's Well, if you, say were going to briefly describe it to someone who was clueless what would you say? I'd say we represent a big drug company.
Yes.
That's the part I like.
Then I'd say they're being sued by a woman who claims she was wrongfully removed from the company's clinical trial of a potent new diabetes medicine.
That's where I lose track.
Special pills make woman happy.
Company take pills away.
Woman sue to get back on special pills.
Got it.
- Denny.
- Martin.
- Hey.
- Martin.
You remember Alan Shore.
It's an ornament.
I head the office cheer committee.
Since I received no late-night call last night, I assume we didn't settle.
We informed your in-house counsel.
I like to hear things from you.
I feel I have a direct relationship with you.
We didn't settle.
I don't really understand this.
Every legal opinion I've gotten says the merits fall one-sidedly in our favor.
Legal opinions only go to the law, Mr.
Jeffries.
I had an opportunity to view the plaintiff! S videotaped deposition.
She comes off as an extremely sympathetic and likable person.
- And? - You don't.
Our fear, and the plaintiff's hope is that the jury will like her and feel for her pain and attempt to alleviate said pain with millions and millions of your dollars.
I was under the impression I hired attorneys who could employ reason and intellect to offset the emotion inuring to the plaintiff! S favor.
Did I hire the wrong law firm, Mr.
Shore? Certainly not, sir.
You've hired the best.
Paul, the Meyers age discrimination case.
We just got the DVD-ROM delivered of McNamara documents.
Every useless document they could dump on here.
Well, they're probably not ready, and this is meant to slow us down.
Right.
And they want to force us to ask for a continuance because they know Judge Simmons won't give them any.
We won't be asking for one.
Uh, Miss Heep, Miss Wilson? We have a trial next week.
Lori will fill you in.
I want you to pore through this document.
The likelihood is it contains nothing relevant but we can't take any chances.
Lori will tell you what to look for.
I'm sorry.
Can you get somebody to take my place on this, please? You have something else more pressing? - No, but I prefer not to work on this case.
- Why not? - It's personal.
- You are making it professional.
I'm I'm just not I'm uncomfortable working with Tara.
Because? I used to sleep with Alan Shore, and now she does.
- And she wants to.
- I do not! How dare you make a remark to one of the most senior partners of this firm that I want to sleep with another associate here? Even if I did want to sleep with Alan Shore, which I assure you I do not but even if your remark was truthful, it would not make it any less inappropriate.
You're right.
I apologize.
- Do you bear some ill will towards me? - No.
I suppose I regressed to the childish defense that everybody else is doing it.
But I'm not doing it, Tara.
I'm not sleeping with Mr.
Shore, which you very well know.
I only said you wanted to.
And again, I apologize.
My remark was, as you say, completely inappropriate however accurate.
I've had type II diabetes since I was 25.
It's been the same medicines pretty much the whole time.
And when you were invited to participate in a clinical trial of SV113 what did your daily regimen become? I took one pill in the morning when I woke up.
- That's all? - That was it.
I had more energy.
I was even losing weight.
And no more needles.
It was a godsend until they took it away.
- And how did that happen? - My doctor told me that the company had kicked me off the test.
He said that I had broken the rules of the trial.
But I didn't.
I didn't do anything wrong.
And after you were taken off the test? My health deteriorated again rapidly.
Can you tell us your prognosis today? I'm dying.
I've got probably five to six years unless something changes drastically.
What reason did the company give for removing you from the SV113 study? Noncompliance.
But I complied.
You're a heavy smoker.
Is that correct, Mrs.
Hewitt? - I quit.
- When did you quit, if I may ask? - A week before the study.
- Just like that? Two packs a day, cold turkey? My life depended on it.
Some of the doctors and clinicians smelled cigarette smoke on you during your exams.
My husband's a chain smoker.
It was his smoke they smelled on my clothes.
Amazing.
You smoked two packs a day, you live with a chain smoker and you're able to just quit, cold turkey.
- Objection.
- Sustained.
Mrs.
Hewitt, 177 million people in the world have diabetes.
This drug study is the only way to get SV113 the drug you yourself called a godsend, approved for sale.
177 million people are counting on you to follow the rules, Mrs.
Hewitt.
Which I did.
With the stakes being so enormously high with some 70,000 people dying every year from diabetes with a desperate need to develop a drug that can save those lives you realize how important it is for my client not to take any chances, don't you? I followed all the rules.
All in all, I don't think she hurt us.
She hurt us.
I saw the jury.
How badly she hurt us Where's our expert? - Should be waiting in the conference room.
- I'll meet you there.
Sally, may I offer you one little piece of advice? Okay.
You're an extremely beautiful young woman.
- Thanks for the tip.
- That's not the advice.
The advice is, be on the ware of lecherous senior partners who are looking for the slightest excuse to plant a big wet one on you.
- Excuse me? - They lurk.
And when beautiful women such as yourself stand under the mistletoe Merry Christmas, Sally.
Let's go meet our expert, Denny.
- Mmm, I had her blood flow going.
- No doubt.
- Dr.
Gerard? - Yes.
Denny Crane, single.
- Alan Shore.
- Hello.
Very nice to meet you.
Well, should we get started? We should.
I'm afraid it's gonna be a very long night.
I'll need to go over every inch of you with a fine-tooth comb.
I beg your pardon.
Your testimony.
I'll need to go over your testimony with the comb.
Where are we going to do this? Right here.
It's not my case, Rene.
It's Lori's.
I have no idea where she is.
Hang on.
Do you know where Lori is? No.
I gotta run.
I got that dinner thing.
- Oh, go.
- Need a ride anywhere? No, thanks.
My car's in the garage.
All right.
So what's the big emergency? Well, if you have him on the phone, then ask him.
I don't want anything.
I'm offering.
Since we turned over that CD last second we won't oppose a continuance if you people want it.
Say you need to page Lori, ask if she can call him later and then get his cell phone number.
Yeah.
That'll be great.
Uh, my number is 617-555-0194.
Thanks.
Well, well, well.
Can I get a beer? - Oh! - Oh! Fantastic! - I'm terribly sorry.
- It's all right.
- It's okay.
- How embarrassing.
I'll pay for the dry cleaning.
- I assure you.
- It's okay, really.
So, besides Mrs.
Hewitt, there were 56 other people removed from the study? For a drug of this magnitude, we have to be extremely cautious.
But what motivated your caution? Please tell me it was more than a hunch.
After all, these people do suffer from a crippling, life-threatening disease.
As do I.
I'm very sorry.
I understand the promise of a drug like this on a very personal level, Mr.
Shore.
But if it endangers people How does it endanger people? How are these 57 people endangered by SV113? Fifty-seven.
That's an exceptionally large number of people to purge, isn't it? How were these people endangered? They weren't.
Marybeth Hewitt and the 56 others were on a different drug.
It was a slight variation from SV113 that we had only begun to investigate.
- These people, they knew they were on this other drug? - No.
So you gave an experimental, unapproved drug to 57 people and told them they were taking something else? - But as soon as we became aware of the side effects - The headaches? There was onset of acute liver damage at about six weeks.
There was one prior subject who went first and complications Please don't look at me as if What could possibly have impelled you to delude these people? You can't understand.
It takes years to get a drug approved.
And when you spend your life, I thought the company thought that we had the next polio vaccine or penicillin.
Except your penicillin turned out to be a poison.
But as soon as we discovered it, the company shut the study down.
That's why Mrs.
Hewitt was taken off the drug she thinks was SV113 to prevent liver failure.
- So you're a therapist? - De facto therapist.
I'm really a flight attendant.
But everybody tells me their problems.
- Oh, do you solve them? - I do, actually.
- Well, tell me mine.
- I'm sorry? My problem.
What am I lamenting at this very moment? I'm embarrassed to say, actually.
Uh-uh.
I insist.
Tell me.
You're wishing your girlfriend looked like me.
Uh, keep going.
- You hate your job.
- Which is? I want to say accountant, but I'm gonna say lawyer.
Ohhh.
Am I that obvious? I meet lawyers all the time.
They fly a lot.
They're constantly in distress over all the horrible things they have to do for their horrible clients.
What are you working on right now? A horrible case for a horrible client.
It's age discrimination.
- Mm, plaintiff or defense? - Defense.
Oh, bad boy.
Mm-hmm.
Indeed.
- Whistle-blower? - Yes.
Now, there are all sorts of protections to avail yourself of Hold on a second.
You're advising a witness to turn state's evidence against your own client? - I am.
- Look, I was the one who pushed the study.
I was the one who put those people on that drug.
And I suspect you were motivated by the drug's promise while your employer was motivated by greed.
- Can't you get disbarred for advising me to - Undoubtedly.
And should you lose your license we could run off to Bali together and become bartenders.
My life is here, in medicine.
Yes.
And you are in a unique position to remind your employer they, too, are in the business of medicine, not simply profit.
You need to blow the whistle.
And what's more, you want to.
Hey! - Denny? - Set to go? - What are you doing? - Oh, there's an office Christmas party next week.
I do a number.
It's good for morale.
Helps get me laid.
Are we off to court? Actually, I have a feeling court won't be going forward today.
What do you mean? Did something happen? Was I in the room when it happened? It seems our client is guilty of a little noncompliance as well.
The actual test that - We represent big drug company.
- I'm with you.
Big drug company tell patients they take one pill while slipping them another.
You know this how? Evidently, our expert witness comes armed not only with details but a conscience.
She told me.
I believe she plans to tell the F.
D.
A.
Wow.
Whistle-blower.
Did you tell her to whistle-blow? I might have mentioned it.
Do you know how much this client is worth to this firm and to me personally? Nuts.
I knew there was something I forgot to consider.
- Where is this woman? - Hopefully with the U.
S.
Attorney by now.
Oh, I'm sorry.
Mr.
Shore, there's a Dr.
Gerard waiting in reception.
- Send her in.
- That's all right.
I'll go and greet her.
Send the woman in here.
Here's good.
Oh, Tara.
We have a pretrial conference set on McNamara at 2:00.
How are you and Sally doing with the stuff? Remember the document that said McNamara was incorporated in "nineteen efficiency-three"? - We thought it was a typo? - Yeah.
Well, code broken.
They had a plan called the "forty factor" which was designed to phase out workers who were 40 and older.
And replace them with younger employees who would cost the company less? Right.
They actually describe the plan in memoranda which were archived on the company's hard drives.
Gotta love the hubris.
But they then got nervous and did a search and replace to substitute the word "efficiency" for "forty.
" - "Nineteen forty-three" became "nineteen efficiency-three"? - Exactly.
- How did you find this out? - I had drinks with opposing counsel last night.
- Quite a talker.
- Wait a second.
He admitted this to you? Well, actually, he admitted it to a flight attendant.
He didn't know that I was an attorney for the other side.
We're not smiling.
Why are we not smiling? - Tara, we can't use this information.
- I beg your pardon? You tricked another attorney into violating privilege.
You can't do that.
Last week you impersonated a doctor.
First, that was different.
Second, the stakes were life and death.
- Lori! - And third, I was wrong.
In retrospect, I would never do it again.
Well, we have the information, Lori.
So if it's a matter of ethics, we absolutely have to tell the client that we have it.
I just don't think I can do it.
I just don't think I can do it.
Because? Alan, these people have been very good to me for 10 years.
Now, by "people," you mean these corporate people who jeopardize public health and safety on a massive scale in order to line their pockets? They were convinced we had a possible cure based on my representations.
- I would as soon blow the whistle on myself - Do that then.
And what good would come of it? Really? May I express a thought? I so rarely get one.
And I should preface this by admitting that I'm so far up the ass of big business I view the world as one giant colon.
You're right to prioritize loyalty, Doctor.
Loyalties count for something.
- Denny, please - I'm speaking, Alan.
Doctors like science, right? They do the math.
Well, do the math on whistle-blowing.
Nice concept in theory.
Appeals to the altruistic inner self and all that.
But whistle-blowers end up penniless and ostracized.
This thing'll take years to get to court - while your life will be ruined tomorrow.
- Denny, I And if Alan Shore suggests that you won't get hurt far worse than your company he's lying.
What's going on? Our client is violating at least a half a dozen criminal laws by secretly testing an unapproved drug which causes liver failure, by the way on unwitting human guinea pigs.
Dr.
Gerard is considering whether to go public.
I'm for it.
Denny's against.
Do you have a vote? You seem like a man with a scintilla of morality.
Alan, my vote's the only one that counts and I'm not going public.
You say that as if you have a choice, Doctor.
You see, the only way our client wins here is with your testimony.
So the clerk will swear you in.
You'll take an oath to God.
But as a scientist, you are bound to an even higher standard.
To believe in God, all you need is faith.
To believe in science, you need to see the truth.
You need to speak the truth.
Am I right? If asked certain questions under oath, you will answer truthfully because that's who you are.
You don't know me.
And you would never ask me questions that would torpedo your own case.
Ah.
It seems it's you that doesn't know me.
Isn't it exciting? It's absolutely unethical, Tara, for God sakes! Please don't lecture me.
There's nothing wrong with a lecture when it's called for.
Attorneys at Crane, Poole & Schmidt do not go undercover as stewardesses.
It is fraud.
It is wrong.
It is dishonest.
It holds every member of this firm up to disrepute.
- Breathe.
- And it hurts other clients at this firm mine, Paul's.
- How? - Breathe.
Our reputation for fair dealing is at play at every conference, every motion, every trial.
If that reputation is compromised, the stain runs to all cases, notjust the - Breathe.
- Stop telling me when to breathe! I know how and when to breathe! This is about Alan Shore.
- This is about some not-so-latent hostility - You're out of line! You're out of line! You fancy the pants off Alan Shore.
So as long as we're preaching honesty, let's be truthful about that.
You know something, Tara.
This does involve Alan.
What happened in that bar last night You heard opposing counsel on his cell phone you sensed an incredible opportunity and you asked yourself, "What would Alan Shore do," and you did what he would've done.
Oh, and you've never done that say, last week? No, I did.
And, as I said, I was wrong.
That's all.
You can go.
- What are you gonna do? - Haven't decided.
- Well, you can't not use - I haven't decided, Tara.
You're dismissed.
Well, I'm sorry I lost my cool.
But you handled that perfectly.
Thank you.
Did that have anything to do with Alan? How does he do it? No matter what I do, no matter what anyone else does, it's always about Alan.
It was just a question.
I should be the example for the young associates around here, not him.
- Well, Tara's Alan's girlfriend.
- Why is that? I mean, why is she interested in him? I ask you.
Do you fancy Tara, Brad? No, I'm just speaking in general terms.
All the women here Yeah, you keep saying "all the women" but who specifically, Brad? - Look, you're missing the point.
- Okay.
- And the point is? - I diffuse a human bomb.
Does anyone say, "Oh, are you okay, Brad?" Or, "Nice job saving lives, Brad.
" No, it's, "Tara circumvented privilege because she's sleeping with Alan.
" I'm the only one talking about Tara and privilege.
Is this about me? We're buddies, Brad.
Talk to me.
Okay.
I'd like to be more than buddies.
I don't bring it up because I sense it's something that you're not interested in pursuing.
Okay.
Is it something you'd like to pursue? Um no.
Right.
Anyway, you handled the meeting well.
You surprise me, Denny.
I thought you'd be with me on this.
You surprise me, Denny.
I thought you'd be with me on this.
- There's a deeper principle involved here, Alan.
- Which is? Fishing.
There's a fishing lodge in British Columbia.
It's called Nimo Bay.
Best fishing lodge in the world.
In the Great Bear Rain Forest.
How does this lodge affect Want to buy it.
Costs lots of money.
If I lose this client, I might not be able to buy it.
- You have plenty of money.
- Yes, to buy other things.
This case, this client is earmarked for this fishing lodge.
Well, if I can't convince you, I guess I can't convince you.
Alan, I'll ask Dr.
Gerard the questions this afternoon.
- I've prepared the direct.
- I'll ask her the questions.
- I'm questioning the doctor.
- No, you aren't.
- Yes, I am.
- No, you aren't.
- Yes, I am.
- No.
- Yes.
- No.
- Yes.
This time I will cast a vote.
Let me make this simple for you, Mr.
Shore.
Please call me Alan.
I feel we've grown close.
You will be present in court at the table because your sudden absence would send a strange message to the jury that might compromise our case but Denny will ask the questions.
If you attempt to ask the witness anything at all you will be fired.
There's a legal term for this.
Ah, yes.
Oooh.
This is not puffery on my part, Mr.
Shore.
I have spoken with other senior partners.
We are in agreement.
The votes are in.
If you attempt to undermine our case in any way your employment will be terminated.
In that event, I will go to cable.
Denny, you and I should go open our own firm.
I'll ask the questions, Alan.
I'll leave you with this one last thought then.
Denny Crane.
- Hey.
- Hey.
The lawyer from McNamara, the guy Tara duped He'll be in here at 2:00.
I've summoned Tara as well.
I'll try to iron things out a little.
That's good.
- If you could make it, then - Fine, 2:00 p.
m.
Would you mind looking at me for a second? You and I have a big murder trial scheduled for next week.
Are we gonna be okay? We're fine.
Do you plan to speak to me in marine talk forever? No, sir, sir.
You're a great guy.
You're a smart guy, an attractive guy.
Any girl would Meeting's at 2:00.
Right, 2:00.
Do you even know what to ask? Did she examine the plaintiff? Does she feel the plaintiff complied with the study protocol? She'll answer yes or not, we'll get in a bunch of rhetoric about the need for safeguards and then we'll go have a cheesesteak.
- And you can live with yourself? - Denny Crane.
Arms out, please.
Oh, this isn't mine.
Why would I be carrying around an ice pick? Please empty out all your pockets, sir.
Alan! - You'll need to open your briefcase, sir.
- Do you know who I am? You'll need to open your case.
- Alan! - Can you step this way, sir? - Are you gonna check my shoes for bombs? - Sir, it's a federal offense to joke about possessing explosives at a security checkpoint.
- I've gotta get upstairs.
- Take off your shoes, sir.
Where's Denny? He got held up.
Not to worry.
Mr.
Shore, are we ready to proceed? We are, Your Honor.
The defense calls Dr.
Amanda Gerard.
We're at the part where you swear under oath.
Okay, let's evacuate in an orderly fashion, please.
It is against the law to pull fire alarms, sir.
My hand slipped.
TellJudge Wallace in Division 3 I need to see him in his chambers now.
What kind of nonsense is this? You put an ice pick in his pocket and a picture of Saddam Hussein? You pull a fire alarm? We're at odds as to how to proceed with the witness.
Yes, I heard that.
You're supposed to be adults, for God's sake.
You're lawyers.
And on the same side at that! Your Honor, there are unusual circumstances in play.
I'm interested in truth and justice.
My colleague favors a fishing lodge.
Look, I don't give a damn what your differences are.
- First off, your firm is fined $50,000.
- What? Second, whatever either of you do in that courtroom, you both get held responsible.
You understand me? Third, Mr.
Crane, since you're the named partner and it is your client, I'll let you have the floor.
- Your Honor, I have prepa - You will keep your mouth shut, Mr.
Shore! Now let's get back inside.
Please have a seat, Tara.
Tara? All right, what's going on? We have a situation, Mr.
Barr.
Tara is an attorney who works for this firm.
Thinking she worked for the airlines you gave her information about an efficiency factor employed by your client.
This would be considered privileged information.
I never revealed who my client was.
Oh, we already knew who the client was.
Oh, my God.
Oh, my God.
Both you and Miss Wilson That's her real last name Wilson Both you and she have committed serious violations.
You would likely lose your job and get a suspension.
You would get worse.
It would be in the best interest of all if this situation didn't become public.
My problem, as Tara correctly points out, is having the information.
I have an obligation to at least tell my clients, who undoubtedly would elect to use it.
But I also have an obligation to safeguard privilege, even when it's on the other side.
So, as I've said, we've got a situation.
Where we last left off in settlement discussions, our number was 3.
2 million.
Yours was 2.
1.
The deal probably makes somewhere in the middle.
My proposal to you, Mr.
Barr, is we settle it at three.
Well, I don't think I could ever sell it.
You sell it by telling your client and colleagues that the opposing side knows about the efficiency factor.
We've broken the code.
How we found out we won't reveal.
That protects you.
It protects Tara.
And you profit from her deception.
We profit somewhat from her deception, combined with your stupidity.
But if we really wanted to exploit this, we'd go to trial and tell a jury which technically I should advise my clients to do.
Yes, our side profits some.
Your side gets off with a pretty mild number, given the smoking gun.
And you two get off with your careers.
Now, if you have a better proposal I'm listening.
It wasn'tjust my determination but the consensus of all the treating doctors.
Mrs.
Hewitt was smoking.
And others were excluded too, right? Yes, 56 others.
It is common to weed out subjects as you go along in order to protect the integrity of the study.
And this was all about the integrity of the study? Yes.
I believe you.
You strike me as an honest woman.
- Do you believe in God, Doctor? - I do.
"God is my witness.
" That's what it says in the oath.
I like to think God watches over me too except, of course, in the privacy of my bedroom committing a lewd act.
Mr.
Crane.
Uh, you're a scientist, right, Doctor? You believe in facts, the truth? - Yes.
- Good.
Will you tell the court exactly why Marybeth Hewitt was removed from the trial of SV113? - I just did.
- You said smoking.
The plaintiff obviously believes that to be a pretext.
I'm asking you to declare one more time before God, judge Mr.
Shore, me, the truth.
Why was she taken off the study? She was taken off a different study.
Excuse me? Mrs.
Hewitt unknowingly was part of a secret test involving a drug unapproved for study.
When it was discovered that this drug caused liver failure she and the 56 others on it were taken off.
Your Honor, this is obviously an unexpected development.
I need some time to confer with my client.
I thought she'd stick to the story.
I threw the softball right down the middle of the plate.
All she had to do was reemphasize it was smoking.
- What happens now? - What happens now? The peat moss hits the fan, you lying bastard.
We're dead.
Did you elicit that testimony intentionally? What? Of course not.
You know me, Paul.
I'm not what I once was.
Doctor.
Please don't say you're proud of me.
They're gonna bring criminal charges against you.
How about if I say I'll defend you? Really? And what's my defense? You were misguided by the best and the worst of intentions.
This'll all be over within a year.
Ayear is too long.
My liver is failing.
I was the first subject.
I began the trial ahead of the others.
That's how we discovered the side effects.
Ayear is too long for me but thanks for the offer.
Oh, screw it.
Mm.
Nice performance today, Denny.
I don't know what you're talking about.
You could've ever so slightly tipped me off.
Would've saved a lot of aggravation.
Oh, please.
If I had included you with so much as a wink, you'd be canned.
We lost the client.
Well, there are lesser fishing lodges.
No repercussions from Lewiston? I'm Denny Crane.
As far as he knows, I played it straight.
You know, they can never tell whether I know what I'm doing or not.
Yes.
Can you tell? Not really.
Every once in a while, just to keep them guessing I stick a cigar in my ear.
Do I look silly? Try it.
We look good together.
Yes, we do.