Better Call Saul (2015) s03e05 Episode Script
Chicanery
1 Previously on AMC's "Better Call Saul" You do realize you just confessed to a felony? For this, you destroyed our family? You happy now?! - Howard: Jimmy! - Kim: What are you gonna do? - He's got me boxed in.
- You can fight this.
I regret it all, more than you can imagine, 'cause you're my brother.
Kim: I'm filing a motion to suppress that tape.
Motions aside, that tape will be played.
Jimmy: Well? Bingo.
[Lawn mower whirring.]
Found a phone! It looks like it's from 1967, but I think it'll work.
Just a sec, Jimmy.
Excellent.
Thank you for being so careful.
- Sir.
- Hmm? - We have to get in your attic.
- For what? Oh, the hook-up.
Oh, no.
That's all right.
Don't bother.
Oh, it won't take 20 minutes.
Plus, you really can't use it if I don't do it.
No, it's all right.
We're not gonna Uh, when you're done here, would you get some more lamps in the garage? - Thanks.
- [Pounding.]
[Man speaks Spanish.]
- So, we got a phone.
- Yeah.
The yard's half-mowed.
Uh, the sockets and stuff are looking a-ok.
I'm gonna check again just to make sure.
We're almost there.
[Chuckling.]
Good.
Good.
Um, what do you think? On? Off? Ohh.
I think off.
Yeah.
You're right.
Off it is.
- Chuck.
- Hmm? You sure this is the right play? I mean, in my experience, the bigger the lie, the harder it can be to dig out.
I'll cross that bridge when I come to it.
[Sighs.]
Hey, guys, think we're set with the lamps.
Uh, could someone give me a hand with this phone? Gracias.
[Match strikes.]
[Sizzling.]
Mmm.
[Indistinct conversation in distance.]
[Knock on door.]
It's open! [Door opens.]
[Door closes.]
Rebecca.
- Chuck.
- You look lovely.
- Oh, it's so good to see you.
- [Chuckles.]
And you.
[Chuckles.]
- Oh.
- [Chuckling.]
Hey, what's with the candles? Why you sittin' here in the dark? Ye, I was wondering the same thing.
Oh, my God, the afternoon I've had.
Two hours ago, I take the sea bass out.
No sooner is it prepped and resting then, boom power goes down.
I get on the phone to the city.
To make a long story short, those bozos at PNM mixed up my payment.
The deadbeat at 512 San Cristobal hasn't been paying his bills.
And, of course, I'm - 215.
Mm-hmm.
Mm.
- 215, exactly.
They say they'll have it on again by tomorrow.
In the meantime, I borrowed some camping gear from my neighbors.
Hence, the rustic flair.
- Jeez.
- Oh, yeah.
So, what do we do? Uh, get out of here and go to a restaurant? We could hit Seasons.
Your treat.
We could, yeah.
But, um, you know, dinner's almost ready.
And the fish I would have just had to throw it out.
All I have to do is toss it in a pan.
How about we just rough it? Huh? You okay with that? Uh, um Well why not? It'll be fun.
We'll do an haute-cuisine camp-out.
Great! Then it's settled.
Let me take that.
Take your - Oh, yeah, here.
Oh, thank you.
- Here, I'll take that.
Mm-hmm.
- Mmm.
- Mmm.
Oh, my God.
- I can't eat another bite.
- [Chuckles.]
Cheers to the Galloping Gourmet.
- Mm! - Ah.
- Yeah.
- [Glasses clink.]
- [Laughs.]
- Mm.
The Calvados is perfect.
Mm.
You always liked it.
[Clears throat.]
Here.
Uh, um - Let me get this.
- No, no, Jimmy.
- You don't have to.
- No, least I can do - is the dishes.
- Oh.
Thank you.
- [Chuckles.]
- Thanks, Jimmy.
This turned out better than I thought.
[Chuckles.]
Uh, I'm so sorry about the lights.
Oh, it's nice.
Atmospheric.
I mean, I still can't get over Jimmy being a lawyer.
Neither can I.
He's got his own shingle out and everything.
I mean, a real, responsible citizen.
I mean, who woulda thought? Yeah.
[Chuckles.]
Mm.
This place is the same.
I mean, I-I would've thought you'd [Breathes deeply.]
change things up.
Move things around.
You've got great taste.
And if it ain't broke How's the tour going? It's good.
Good.
- Um, the Far East this fall.
- Oh.
Uh, China, South Korea, and Vietnam.
- That's gonna be exciting.
- Yeah.
And then, um, after Santa Fe this week, - uh, we're back to Central Europe.
- And it's good? - Well, it's a lot of hotels.
- Yeah.
I mean, in Budapest, I think I saw mostly the inside of the concert hall and the Marriott.
But, you know, I shouldn't complain.
You're not complaining.
You're observing.
Did you finally get to see Salzburg? [Breathes deeply.]
Not yet, but next month, after Vienna.
Do you remember when we tried to go to Salzburg? And that crazy old lady on the scooter - Oh, yes! Yes! [Laughs.]
- chased us out of the train station.
Yeah! And then, um and then we went and got, uh, it was a-a-a raspberry Linzer torte in Innsbruck? - Mm.
- To make ourselves feel better? Mm.
[Chuckles.]
You said, "We'll never finish this!" And then we did.
[Both laughing.]
So, what's after Asia? Any plans for a stateside tour? [Sighs.]
Oh, you know, hopefully next year.
You know, maybe a residency.
Oh, that would be sweet.
I mean, you know, I like the buses and trains and planes fine, but I, um I miss having one one place to hang my hat.
[Cellphone ringing.]
[Suspenseful music plays.]
Oh, God! I'm sorry.
I-I-I hate that thing.
I feel like I'm on a leash.
Ugh! I'm sorry.
[Ringing continues.]
Oh.
Oh, it's my conductor.
Um, I have to take this.
I'm sorry.
H-Hi, Andre.
No, I'm just at dinner.
What's up? Well, I can do that at rehearsal.
Yeah, no problem.
Yeah.
No, I-I know that they're coming in late on bar 16.
Y-Yeah.
Got it.
Got it.
I will make sure that Uh, c-c-can you hold on a second? Let me just get a pen.
Mm-hmm.
Yeah.
No, I-I Yeah, hold on one second.
Yeah, I can do it I mean, whatever you need.
Mm-hmm.
Okay.
All right, shoot.
[Thumps table.]
Okay [Speaking indistinctly.]
[Gasping.]
Chuck? I'm all right.
Well, do you want me to rehearse the cellists separately? Jimmy: Rebecca.
[Distorted.]
Rebecca.
[Electricity buzzing.]
Well, no, it's not just him.
It's the whole section.
Rebecca! Uh, no.
[Distorted.]
T-That's fine.
Yeah.
[Cellphone clatters.]
Chuck, what the hell?! Andre? [Sighs.]
I-I-I have to I'll have to call you back.
- I'm sorry.
- [Cellphone beeps.]
What is your problem? [Breathing heavily.]
Say something.
It is incredibly bad manners to answer a cellphone in company.
It's very rude.
Uh, I-I'm sorry.
I-I didn't know that you felt that way.
I didn't mean to offend you, Chuck.
[Chuckles.]
I-I may have overreacted.
- That was very abrupt.
Uh.
.
- No.
I understand.
- Uh - [Sighs.]
It's getting late.
Thank you for a lovely dinner, but I should be getting back to the hotel.
Just gimme a minute, and we can No.
Uh, um, I'll just get a cab.
I don't want to put you out any more than I already - Please, let me.
- No, really.
A cab is the easiest.
You gotta do somethin'.
Y-You can't let her leave like this.
- Just tell her what's going on.
- No.
No.
- [Rebecca speaking indistinctly.]
- She'll understand.
She'll Would you rather she think you're a raging prick than know the truth? No.
Look, if you won't tell her, then I will.
No, no.
No! You will not tell her.
You will not tell her.
All right.
Hi, Andre.
Yes, I'm sorry about that.
I dropped the phone.
[Dogs barking in distance.]
Caldera: Jesus.
What're you doing, man? There's barely any oxygen in that bag.
- You're suffocating her! - "Her"? Yeah, just because you don't see swingin' dicks doesn't mean you can't tell a boy fish from a girl fish.
[Chuckling.]
Oh, yeah, see.
Now I can see the lipstick.
This is a living creature.
It's not a piece of furniture.
So, after this, you take her home.
You put her in a big bowl, at least a gallon.
- [Sighs.]
- Get a good bubbler, maybe a plecostomus.
And don't feed her too much.
People get fat.
Fish, they drown in leftover food.
All right already, Jacques Cousteau.
Point made.
Good.
I'm guessing our friend didn't refer you to me to get ichthyological advice.
I'm looking for someone with a light touch.
I'm not talking some teenager taking a five-finger discount on string cheese at the Stop 'N' Shop.
I need highly skilled, high-end, discreet.
A real pro.
You gotta fit him in a tight space? I don't think so.
I got just the guy, then.
[Footsteps, indistinct conversations.]
[Telephones ringing.]
[Door opens.]
[Indistinct conversation.]
That's why I say golfing is a contact sport.
[Laughs.]
Great job, Ms.
Wexler.
Very refreshing.
Believe me, uh, we're happy to get this one off the docket.
Not as happy as we are.
Again, great job.
Thank you.
Thank you, sir.
Ladies, dinner's on me.
[Chuckles.]
Kim, I knew you were good, but I didn't know you were this good.
Oh, I'm glad you're happy.
We couldn't have done it without you.
And I hope you realize this means a whole lot a work comin' your way.
Oh, that's that's great.
Well, you don't sound like it's great.
I hate to be a buzzkill, but there is something you need to hear before we get any deeper in.
It's about your former attorney, Charles McGill.
What about him? Charles has been making some very ugly allegations about his brother, Jimmy, with whom I happen to share an office space.
Allegations? Of what? Charles thinks that Jimmy somehow took control of your documents while he was working on them at his home.
He believes Jimmy transposed the address numbers.
Transposed the numbers? How would he even do that? Charles contends that Jimmy took the documents pertaining to the Rosella branch and, while Charles was indisposed, photocopied and doctored them.
That's pretty baroque.
The important thing here is I think it could make some noise in public.
Soon.
I wanted to tell you this in the spirit of full disclosure.
I thought it was better if you heard it from me.
If you have any reservations at this point, or if you are not comfortable staying with me, we can discuss options.
[Sighs.]
If there's one thing I cannot abide, it's a man who won't own up to his mistakes.
Now, whatever mud McGill is slinging he's not gonna screw me out of the best outside counsel I've ever had.
[Breathes sharply.]
That's I'm so glad to hear that.
We appreciate the heads-up, but you can call this baby put to bed.
Now the most important thing dinner.
- [Chuckles.]
- 7:00 good for you? - Uh, works for me.
- Great.
We'll talk strategy - We move on Colorado or Utah first? - [Breathes deeply.]
See ya at 7:00.
This McGill thing.
You're sure it's not gonna be a problem? I am.
Mesa Verde isn't involved in any way, shape, or form.
[Sighs.]
Okay.
Good.
Then, I'll see you tonight.
Okay, great.
See you then.
[Sighs.]
[Electricity humming.]
[Buzzing.]
[Door creaks open.]
[Light switches click.]
Alley: Okay, this is it.
We can run without lights and mics.
We'll collect all cellphones and hold them for the duration of your testimony.
The, uh, court reporter, would it be possible to move him or her farther from the witness stand? Um, yeah, I think we can arrange - having them in the back of the court.
- [Sighs.]
I'm sorry.
There's nothing I can do about the exit signs.
It's code.
I appreciate all you're doing.
Thank you.
[Breathes deeply.]
Mr.
Alley, I wonder if you'd give us a moment.
I'd like to go over something with my colleague.
No problem.
I'll be outside when you're ready.
Howard? - [Door closes.]
- How you feeling, Chuck? [Sighs.]
- I'll muddle through.
- Because this is a lot to ask.
And if you're not up to it just throwing this out there maybe you don't need to testify at all.
No, I do.
I'm the only person who can adequately explain the context of that tape.
Otherwise, the defense'll tear it to shreds.
It's already a solid case.
We have Jimmy's statement from the Pre-Prosecution Diversion.
There's my testimony and the private eye's.
Maybe there's no need to put you through the wringer like this.
This isn't about me or my health.
This is about PR.
We lost a client.
That happened because, while you were incapacitated, your brother accessed documents that should have been secured at HHM.
What Jimmy did is unconscionable, yes but one of my jobs is to safeguard the firm's reputation.
This is not the time to worry about how we look.
This is about what's right and what's wrong.
I'm not gonna risk Jimmy getting, what? A year's suspension? Maybe two? He deserves disbarment, not some slap on the wrist.
No, Howard.
There's only one way forward.
Let justice be done, though the heavens fall.
[Door creaks open.]
Sorry to keep you waiting.
This'll do nicely.
Please extend my thanks to the Committee for their flexibility.
Alley: Good morning.
I'm Robert Alley for the State Bar.
In the matter of James M.
McGill, the State Bar intends to prove the following violations of the Ethical Code.
16-102 engaging in conduct a lawyer knows is criminal.
Mr.
McGill certainly knew that breaking down his brother's door was criminal behavior.
16-804 committing a criminal act that reflects adversely on the lawyer's honesty or trustworthiness as a lawyer.
Any reasonable person would agree that assaulting another lawyer in his own home reflects badly on Mr.
McGill's fitness as an attorney.
16-304 unlawfully altering, destroying, or concealing material having potential evidentiary value.
Mr.
McGill broke into his brother's home and destroyed an audiocassette which contained a recording of a conversation between himself and his brother, Charles McGill.
We will show that this recording was evidence - in an ongoing legal case.
- [Door creaks.]
The State Bar believes that, once we have presented the facts, the Committee will agree that disbarment is warranted for James McGill.
Thank you very much.
Thank you, Mr.
Alley.
Ms.
Wexler? Thank you, Mr.
Chairman.
Good morning.
I'm Kim Wexler, co-counsel with James McGill, for the defense.
You've already read Mr.
McGill's Pre-Prosecution Statement.
We don't dispute he broke into his brother's house, an act he regrets deeply.
But there is another side to this story.
One not about calculation or ill intent, but about about two brothers, whose relationship, after years of strain, finally broke.
We believe that, after you have the complete picture, you'll understand James McGill is an asset to our legal community.
And he should remain a full member of it in good standing.
Thank you.
Thank you, Ms.
Wexler.
- Okay, if, uh, everyone's ready to - [Clock ticking.]
begin testimony Mr.
Alley, call your witness.
Hamlin: Bang! Bang! Bang! Then he kicked down the door.
Jimmy was very agitated.
He was shouting.
He demanded Charles turn over - the evidence he'd been collecting - Kim: Objection.
We haven't established the tape is evidence of anything.
The defense has only acknowledged it as a piece of property.
Uh, allow me to rephrase.
Jimmy demanded an audiocassette in Charles' possession, which Jimmy proceeded, with the help of an iron fireplace implement, to pry from Charles' desk.
He then broke the cassette into pieces and went on to confront his brother.
What happened after the defendant smashed this tape? Mr.
Brightbill and I That's the private investigator that Charles hired? That's correct.
He and I were concerned that Jimmy might strike his brother.
So that's when we stepped in.
- Thank you, Mr.
Hamlin.
- Certainly.
Nothing further at this time.
Man: Ms.
Wexler? [Papers rustling.]
Kim: Thank you, Mr.
Chairman.
[Clears throat.]
[Sniffles.]
You testified you've known my client for some time.
How long exactly? Nearly 10 years.
How did you come to know him? His brother asked to hire him in the mail-room at our firm.
- And you did.
- Yes.
What was your opinion of him then? [Clicks tongue.]
I thought [Sighs.]
he had a lot of get-up-and-go.
He was a hard worker.
You had a nickname for him, didn't you? "Charlie Hustle.
" "Charlie Hustle.
" How'd you feel when you found out he'd become a lawyer? Surprised.
He'd put himself through law school and taken the Bar Exam without telling any of the partners.
Even Charles.
He bootstrapped his way into a law degree while working in your mail-room.
Did you consider taking him on as an associate? We did.
Briefly.
Sounds like you didn't hire him.
Why not? With that kind of grit.
The partners decided it would be best to avoid the appearance of nepotism.
We felt hiring Jimmy might damage morale.
Nepotism.
Your firm is "Hamlin, Hamlin, and McGill," right? Who's the other Hamlin? My father.
Which partner was the most concerned with nepotism? Charles McGill.
- So Jimmy's own brother blocked him.
- Alley: Objection.
How are the hiring practices of Hamlin, Hamlin, McGill relevant here? It's relevant to understand the relationship between these brothers.
We'll, uh, give you some leeway, Ms.
Wexler, but don't stray too far.
Charles McGill is not the subject of this hearing.
Thank you.
Did Jimmy know his brother was the one that prevented you from hiring him? Hamlin: No.
He did not.
Eventually, he was hired by the firm of Davis & Main.
I'd be happy to say more about that, if you'd like.
No.
Thank you.
When Charles' condition appeared, Jimmy took care of him, didn't he? I believe so.
Jimmy was struggling to build his solo law practice, and yet, every single day, without fail, he brought his brother food, supplies even his favorite newspapers.
Isn't that right? He did.
Could you speak to the terms of Charles' leave of absence? You know I can't.
It was an FMLA leave.
Anything more is confidential.
But you can confirm it was due to mental illness, correct? Objection! Charles McGill's mental health isn't at issue.
This is a smear job on the State Bar's upcoming witness nothing more.
This is not a competency hearing, Ms.
Wexler.
Mr.
Hamlin is not a [Sighs.]
psychiatric professional.
Do you have any questions that would be more germane to his experience? No.
I have nothing further.
The witness is excused.
Alley: At this time, the State Bar would like to enter Exhibit Five into evidence.
We ask that Charles McGill's recording be played.
I'm respectfully renewing my objection.
The probative value of playing this Exhibit is outweighed by how prejudicial it is.
All due respect to Ms.
Wexler, but the State Bar feels this is fundamental to hear.
We don't want to leave any question as to the intentions of both parties.
Ms.
Wexler, we already ruled this was fair game when we denied your motion to suppress.
I'll add, the rough-and-tumble of your client's conduct aside, we need to know whether one lawyer attempted to tamper with another's evidence.
[Pen clicks.]
[Wheels rumbling softly.]
[Rustling.]
Come here.
[Clicks.]
[Whispering.]
What are you still doing here? - [Whispering.]
Flight's delayed.
- How delayed? 40 minutes, last I checked.
Shit.
Okay.
Keep me posted.
- [Woman speaking indistinctly.]
- [Sighs.]
Alley: Um, yes.
Here we go.
[Buzzing.]
Thank you for your patience.
The State Bar is ready to proceed.
[Clears throat.]
Um, begging your pardon.
Um, the defense requests a moment to review, if we could? All right.
[Sighs.]
When you're ready.
Thank you, Mr.
Chairman.
[Whispering.]
What are we doing? [Whispering.]
We're stalling.
Yes.
Yes.
My brother has many admirable qualities.
I-In some ways, I can say I admire him.
Too cold.
I love my brother.
But Ted Kaczynski's brother loved him, too.
And he wanted to help.
That's sanctimonious.
I love my brother.
He's a good person.
He has good in him.
But the law is too important.
- [Sighs.]
- [Clock ticking.]
Ah.
[Knock on door.]
Be right there, Howard! [Sighs.]
The law is too important.
Hmm Jimmy: I sure shit wouldn't be tellin' ya otherwise.
But, yes it's the truth.
Chuck: You'd go to such lengths to humiliate me? I did it for Kim! She worked her butt off to get Mesa Verde while you and Howard sat around sipping scotch and chortling.
Hamlin, Hamlin, McGill more like Scrooge and Marley! Kim deserves Mesa Verde not you, not HHM.
She earned it, and she needs it! I did it to help her, but I-I honestly didn't think it would hurt you so bad.
I thought you'd just say, "Oh, crap, I made a mistake," and go on with your life, like a normal person! But, oh, no! Wishful thinking! So, can I, uh, tell Howard you're not quitting or retiring or whatever? And can we take all this shit down off the walls? I'm gonna go call Howard.
Jimmy.
You do realize you just confessed to a felony? I guess.
But you feel better, right? Besides, it's your word against mine.
[Clicks.]
Uh.
Um.
All right, uh, Mr.
Alley, uh, we need to make accommodations for your next witness.
- Is that correct? - Yes, Mr.
Chairman.
All right.
For those who don't know, we need to prepare the room.
Uh, the Clerk is going to collect your, uh, cellphones, watches, key fobs anything electrical.
If you prefer not to, please secure your items - Thank you.
- outside this room.
Thank you for understanding.
Your phone, sir? I left it in the car.
[Light switches click.]
[Footsteps.]
[Door opens.]
[Door closes.]
[Engine shuts off.]
[Indistinct conversations.]
- Oh.
Excuse me.
- Sorry.
- That's yours.
- Thanks.
[Conversations continue.]
Please raise your right hand.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do.
Could you state your name? Charles L.
McGill.
I'm a senior partner at the law firm of Hamlin, Hamlin, McGill.
Can the court reporter hear me? Yes, sir.
I can hear you fine.
Mr.
McGill, I'll try to be brief.
We don't need to dwell on the burglary or the assault that you suffered.
Thank you.
I appreciate that.
Alley: What I would like to hear about is this tape.
What compelled you to make it? I had a suspicion my brother had tampered with documents in a case I was working on.
And why would he do that? Doesn't sound particularly brotherly.
I believe it was his hope that the tainted documents would cause the client to become disillusioned with my representation - and return to their previous attorney, - [Sighs.]
Ms.
Wexler.
Which, I should note, is precisely what happened.
Objection.
I'm not saying Ms.
Wexler knew what Jimmy was doing or had any involvement.
I'm only stating that it happened.
Did you have any evidence to support your suspicions about James? No.
My brother, whatever else can be said of him, can be quite clever.
Did an excellent job of covering his tracks.
Objection.
The witness has admitted there's no corroborating evidence this supposed crime even occurred.
I'd like to hear what he has to say.
We're going to continue.
Uh, we'll extend you the same latitude on cross, Ms.
Wexler.
Go on, Mr.
McGill.
Without physical evidence, I felt that a recorded confession if I could get one was my best bet.
On its own, I knew the tape would be somewhat flimsy, but it was a start.
A foundation for a more ironclad case.
I suppose that Jimmy must have felt the tape was decisive evidence on its own.
Otherwise, he wouldn't have broken in to destroy it.
Objection.
More speculation.
How can he know what was going on in Jimmy's head? Sustained.
We just need to hear what happened, Mr.
McGill.
Chuck: I-I apologize.
I recorded my brother to build a case against him.
Alley: And at the time, would you say that you were in possession of your faculties? All due respect, but but you do sound somewhat unhinged on the recording.
Yes, I understand that.
But what you heard was theater.
A performance, play-acting.
I exaggerated the symptoms of my disease to extract the truth.
Can we talk about your disease for a moment? I'd like everybody here to be on the same page about it.
Of course.
It is sometimes referred to as EHS, electromagnetic hypersensitivity.
I describe it as an acute allergy to electromagnetism.
It's not a common condition, is it? I know it sounds strange.
I do.
But 30 years ago, no one had heard of peanut allergies.
But you admit that no one uh, no doctor has ever diagnosed you.
AIDS was not identified properly until 1981.
HIV wasn't known as the cause until '83.
These things take time to unravel, even for doctors.
Would you say that your illness affects your ability to think clearly? No.
It affects me physically.
It causes me great pain.
However, I'm perfectly lucid.
Thank you.
Mr.
McGill, I have only one more question for you.
Do you hate your brother? Absolutely not.
I love my brother.
There's nothing malicious in Jimmy.
He has a way of doing the worst things for reasons that sound almost noble.
But what I know for sure is that the law is too important to be toyed with.
It's mankind's greatest achievement the Rule of Law, the idea that, no matter who you are, your actions have consequences.
[Sighs.]
And the way my brother treats the law [Sighs.]
it breaks my heart.
That's why I did what I did.
Not to hurt him, but to protect something that I hold sacred.
Thank you, Mr.
McGill.
The State Bar rests.
[Whispering.]
I think we need to put on the brakes.
[Sighs.]
I'm sorry.
My co-counsel and I need a moment to confer.
Please be brief, Counselor.
Yes, of course.
[Sighs.]
She'll be here.
Do you have anything for cross? - Uh, can I look at your notes? - [Door creaks open.]
Yeah, of course.
Can we, um - [Whispering indistinctly.]
- Yeah.
[Door creaks.]
- Hey.
- Hey.
So glad you made it.
[Indistinct whispering.]
Mr.
Chairman, I'm sorry.
Um, might I have a moment, uh, to get a breath? Oh, of course, Mr.
McGill.
Uh, folks, let's call this 15.
Everybody, please be back and ready to go on the hour.
[Indistinct conversations.]
[Door creaks.]
- Rebecca.
- Chuck.
It's good to see you.
I have to say, I'm a bit surprised.
Did Jimmy subpoena you? You're not on the witness list.
You don't have to testify.
No, no, no, no.
I'm not here for that.
Well, what, then? Chuck, I wish you'd told me.
I-I can't believe what you've been going through.
How long has it been? Ah.
You're here to help.
Because all this is so stressful for me.
[Sighs.]
Is that what Jimmy told you? - He's worried about you, Chuck.
- [Scoffs.]
In spite of everything that's happened between the two of you, he he cares.
What exactly did he say? Um, well, that you had been sick.
Allergic to electricity? He sent me pictures of the house.
- Chuck, my God.
- [Sighs.]
Why didn't you tell me? I didn't want to upset you.
Worry you unnecessarily.
[Breathes deeply.]
But now you're here.
And now you know.
I came because I thought it was the right thing.
I thought I don't know that you'd want me to.
But I guess that I'm more of a distraction.
- So, uh - [Sighs.]
I'm gonna be in town for a few days, and I would love to spend some time with you.
But right now, I-I think I should go.
No.
No, no, please.
I want you to stay.
Really? You don't seem happy to see me.
I am.
[Chuckles.]
Just surprised, that's all.
Please, stay.
Are you sure? Yes, I'm sure.
You've been sold a bill of goods, Rebecca.
I want you to see what's what.
[Crunching.]
She's not what I expected.
Oh, yeah? What'd you expect? I don't know.
Just not her.
[Chuckles.]
[Crunching.]
You know, she's gonna hate you when this is over.
Yep.
All right, uh, Mr.
McGill, I'll remind you you're still under oath.
I understand.
At this time, I'd like to turn cross-examination over to my co-counsel, James McGill.
[Clears throat.]
Uh, well, there's been a lot of fuss about it, but you and I have never really talked about this tape you made.
We lost the opportunity when you burglarized my house to destroy it.
Fair enough.
Um, and I was in the wrong there.
But, still, I'd like to try and follow your story of why and how you recorded it.
Oh, is this where you claim the tape is spurious? That it's not really your voice? No.
That's me on the tape.
But, still, I have some questions.
Like, the recorder, it must've hurt like hell for you to touch that.
There was a degree of discomfort, that's true.
And where did you hide it? I mean, the sound's pretty clear, so it wasn't in the couch cushions, was it? Tucked under a space blanket.
Out of sight.
Wow.
So there's no chance I would see it.
Not with the state your place was in.
- Isn't that right? - I suppose.
Would you like to set the scene for the Disciplinary Committee? Tell them, you know, what your house looked like at the time of the recording.
Objection.
Relevance? Well, the circumstances of the recording are materially relevant.
How can you know what the tape really means unless you know what was going on when it was recorded? Overruled.
The witness can answer the question.
I covered most of the walls with Foil-Scrim-Kraft insulation.
I also hung a number of space blankets.
Compact Mylar sheets.
They insulate and protect against mild electromagnetic radiation.
[Sighs.]
All right, so, shiny insulation and space blankets all over the walls and the ceiling.
[Chuckling.]
It was like being inside of a disco ball.
Do you have a point? Well, um, I'm impressed by how much work went into entrapping me.
You went all out.
I didn't entrap you.
I provoked an admission in adverse interest.
That's not the same thing.
How did you know it would work? What do you mean? How did you know your "provocation" would work? Why'd you think a bunch of shiny plastic would make me say anything? Isn't it because you knew that it was precisely the thing that would worry me so much that I'd say anything to talk you down? - Objection.
- Okay.
Withdrawn.
Let's let's get back to your house, every surface covered in tinfoil.
Nothing crazy about that, huh? As I've said, I was playing up my condition.
Usually, it's a perfectly normal house.
You think your house is normal? Can I call your attention to Exhibit Nine? This is your house, right? Yes.
So, exposed wires.
[Pages turning.]
There's a camp stove.
There's a lantern on top of newspapers.
You call this normal? I call them adaptations.
A prophylactic measure for a physical, medical condition.
Did the doctor who granted me guardianship for you - think this was a physical condition? - Objection.
You can't introduce a TEG as evidence.
Besides which, the panel has already ruled that Mr.
McGill's mental health is not at issue.
No, the State Bar opened the door to this on direct when the witness talked about his supposed "play-acting.
" Allowing me to follow up on cross is only reasonable.
We discussed the physical allergy, not a mental disability.
Potato, po-tah-to.
It comes down to this In order to understand what I was thinking, you need to see Chuck through my eyes.
You need to know if I believed that tape was evidence.
And I say it was evidence of only one thing My brother hates me.
Now, he claims that he lied to me to get me to tell the truth.
And I'm telling you I lied to my brother to make him feel better.
Which of us you believe depends on how we all understand the mind of Charles McGill.
Well, we did promise the defense some leeway.
You may proceed.
- Thank you, Mr.
Chairman.
- But watch yourself.
Chuck, I'd like to go back a little further, talk about when these symptoms first started.
It was shortly after you were divorced, is that right? Yes.
You think the stress of the divorce brought on the illness? I doubt it.
It was an amicable split.
My ex-wife and I are still on good terms.
In fact, your ex-wife is present with us today, is she not? When was the last time you two saw each other? Objection.
This is not family court.
We're not here to re-litigate the witness' divorce.
I can't see what purpose this serves.
I can.
I'll tell you why my brother brought my ex-wife to this hearing.
4,000 miles she came, lured by concern for me.
What Jimmy's driving at is the last time I saw her, I covered up my illness.
I'd been suffering from it for some time, but I went to great lengths to conceal that fact from her.
I'm sorry I deceived you, Rebecca.
[Sighs.]
I didn't want you to think less of me.
Now Jimmy has outed me in front of you.
You know why? To rattle me.
He knows I still have a [Voice breaking.]
a lot of, feeling for my ex-wife.
He's hoping this will break me down.
Split me apart at the seams, like a murderer confessing on an episode of "Perry Mason.
" Well, I'm sorry to disappoint you, Jimmy.
Have I answered your questions to your satisfaction? Do you have anything else? Yeah, I do.
Earlier, you talked about other diseases.
Physical conditions, you said.
Uh, so, okay, if you'd had, um I don't know lung cancer, would you have told Rebecca then? [Sighs.]
If that had been the case, maybe.
I might have.
- So how is this different? - Mr.
McGill.
Move it along.
You don't have to answer that.
I want to get down to brass tacks.
I want to be very, very specific here.
This illness, what does it feel like? You mentioned it's painful.
It is.
[Breathes sharply.]
There's a tightness in my chest, difficulty breathing, and pain, burning pain.
The pain spreads everywhere.
Sounds horrible.
Does it hurt right now? There's always some discomfort, yes.
Electricity is everywhere in the modern world.
[Sighs.]
But I very much appreciate the indulgence of the panel for their accommodation here today.
I can handle this fine.
[Sighs.]
Right, so, with the lights out, you don't feel them? Chuck: If the current's not flowing, no.
- [Door creaks.]
- Oh.
Sorry about the exit signs.
I guess they couldn't kill those for you.
Well, they're not drawing much current, and they're far away.
[Door creaks.]
Intensity drops off with distance, per the inverse-square law.
[Chuckling.]
Okay, whoa! Inverse-square I'm not a physicist.
Could you dumb that down a shade for me? The farther away it is, the stronger the source needs to be to have an effect.
Got it.
Got it.
So, if I had a small battery, say, from a watch or something, and I got it close to you, close to your skin, you'd know? I would feel it, yes.
Can you feel more current coming from any particular direction right now? Uh, from that back wall or, uh, from over there or up through the floor? Can you tell us where the nearest source is right now? Jimmy, do you have something in your pocket? Yes, I do, as a matter of fact.
My cellphone.
From this distance, you should feel it, and you don't, do you? Mr.
McGill, you were warned to leave your electronics outside.
It's all right.
It's all right.
May I? Ah.
Just as I thought.
There's no battery in here.
You removed the battery.
[Cellphone clicks.]
[Chuckling.]
That's a sorry little trick, isn't it? Yeah, you got me, Chuck.
Dead to rights.
- [Sighs.]
- I removed the battery.
- Objection.
- Sustained.
Y-You've taken all the leeway you're getting, Mr.
McGill.
Wrap it up fast.
God, Jimmy.
[Sighs.]
Don't you know by now this is real? I feel this.
It's a physical response to stimuli.
It's not a quirk.
[Sighs.]
What do I have to do to prove it to you? I don't know, Chuck.
Could you reach into your breast pocket and tell me what's there? [Scoffs.]
What now? Can you tell the court what that was? - A battery.
- Mr.
Chairman, please.
Do you recognize that man in back? His name is Huell Babineaux.
He's on our witness list.
You bumped into him in the stairway.
He'll testify he planted this fully charged battery on you over an hour and a half ago.
Hour and 43 minutes ago.
An hour and 43 minutes.
Thank you, Mr.
Babineaux.
And you felt nothing.
- [Cellphone beeps.]
- No, no, no.
- No, no.
It's a trick.
It has to - Enough is enough.
I submit that Mr.
McGill's mental illness is a non-issue.
- If he were schizophrenic - Schizo it wouldn't take away from the fact - that the defendant - I am not crazy! [Chuckling.]
I am not crazy.
I know he swapped those numbers.
I knew it was 1216.
One after Magna Carta.
As if I could ever make such a mistake.
Never.
Never! I just I just couldn't prove it.
H-H-He covered his tracks.
He got that idiot at the copy shop to lie for him.
Alley: Mr.
McGill, please.
You don't have to go in You think this is something? You think this is bad, this this chicanery? He's done worse.
That billboard! Are you telling me that a man just happens to fall like that? No.
He orchestrated it! Jimmy! He defecated through a sunroof! [Chuckling.]
And I saved him, and I shouldn't have.
I took him into my own firm.
What was I thinking?! He'll never change.
He'll never change.
Ever since he was 9, always the same.
Couldn't keep his hands out of the cash drawer.
But not our Jimmy.
Couldn't be precious Jimmy! Stealing them blind.
And he gets to be a lawyer?! What a sick joke! [Voice breaking.]
I should have stopped him when I had the chance! And you you have to stop him! You [Breathes deeply.]
I apologize.
I lost my train of thought.
[Sighs.]
I got carried away.
[Clears throat.]
Do you have anything else? No.
Nothing further.
[Sighs.]
[Electricity humming loudly.]
- You can fight this.
I regret it all, more than you can imagine, 'cause you're my brother.
Kim: I'm filing a motion to suppress that tape.
Motions aside, that tape will be played.
Jimmy: Well? Bingo.
[Lawn mower whirring.]
Found a phone! It looks like it's from 1967, but I think it'll work.
Just a sec, Jimmy.
Excellent.
Thank you for being so careful.
- Sir.
- Hmm? - We have to get in your attic.
- For what? Oh, the hook-up.
Oh, no.
That's all right.
Don't bother.
Oh, it won't take 20 minutes.
Plus, you really can't use it if I don't do it.
No, it's all right.
We're not gonna Uh, when you're done here, would you get some more lamps in the garage? - Thanks.
- [Pounding.]
[Man speaks Spanish.]
- So, we got a phone.
- Yeah.
The yard's half-mowed.
Uh, the sockets and stuff are looking a-ok.
I'm gonna check again just to make sure.
We're almost there.
[Chuckling.]
Good.
Good.
Um, what do you think? On? Off? Ohh.
I think off.
Yeah.
You're right.
Off it is.
- Chuck.
- Hmm? You sure this is the right play? I mean, in my experience, the bigger the lie, the harder it can be to dig out.
I'll cross that bridge when I come to it.
[Sighs.]
Hey, guys, think we're set with the lamps.
Uh, could someone give me a hand with this phone? Gracias.
[Match strikes.]
[Sizzling.]
Mmm.
[Indistinct conversation in distance.]
[Knock on door.]
It's open! [Door opens.]
[Door closes.]
Rebecca.
- Chuck.
- You look lovely.
- Oh, it's so good to see you.
- [Chuckles.]
And you.
[Chuckles.]
- Oh.
- [Chuckling.]
Hey, what's with the candles? Why you sittin' here in the dark? Ye, I was wondering the same thing.
Oh, my God, the afternoon I've had.
Two hours ago, I take the sea bass out.
No sooner is it prepped and resting then, boom power goes down.
I get on the phone to the city.
To make a long story short, those bozos at PNM mixed up my payment.
The deadbeat at 512 San Cristobal hasn't been paying his bills.
And, of course, I'm - 215.
Mm-hmm.
Mm.
- 215, exactly.
They say they'll have it on again by tomorrow.
In the meantime, I borrowed some camping gear from my neighbors.
Hence, the rustic flair.
- Jeez.
- Oh, yeah.
So, what do we do? Uh, get out of here and go to a restaurant? We could hit Seasons.
Your treat.
We could, yeah.
But, um, you know, dinner's almost ready.
And the fish I would have just had to throw it out.
All I have to do is toss it in a pan.
How about we just rough it? Huh? You okay with that? Uh, um Well why not? It'll be fun.
We'll do an haute-cuisine camp-out.
Great! Then it's settled.
Let me take that.
Take your - Oh, yeah, here.
Oh, thank you.
- Here, I'll take that.
Mm-hmm.
- Mmm.
- Mmm.
Oh, my God.
- I can't eat another bite.
- [Chuckles.]
Cheers to the Galloping Gourmet.
- Mm! - Ah.
- Yeah.
- [Glasses clink.]
- [Laughs.]
- Mm.
The Calvados is perfect.
Mm.
You always liked it.
[Clears throat.]
Here.
Uh, um - Let me get this.
- No, no, Jimmy.
- You don't have to.
- No, least I can do - is the dishes.
- Oh.
Thank you.
- [Chuckles.]
- Thanks, Jimmy.
This turned out better than I thought.
[Chuckles.]
Uh, I'm so sorry about the lights.
Oh, it's nice.
Atmospheric.
I mean, I still can't get over Jimmy being a lawyer.
Neither can I.
He's got his own shingle out and everything.
I mean, a real, responsible citizen.
I mean, who woulda thought? Yeah.
[Chuckles.]
Mm.
This place is the same.
I mean, I-I would've thought you'd [Breathes deeply.]
change things up.
Move things around.
You've got great taste.
And if it ain't broke How's the tour going? It's good.
Good.
- Um, the Far East this fall.
- Oh.
Uh, China, South Korea, and Vietnam.
- That's gonna be exciting.
- Yeah.
And then, um, after Santa Fe this week, - uh, we're back to Central Europe.
- And it's good? - Well, it's a lot of hotels.
- Yeah.
I mean, in Budapest, I think I saw mostly the inside of the concert hall and the Marriott.
But, you know, I shouldn't complain.
You're not complaining.
You're observing.
Did you finally get to see Salzburg? [Breathes deeply.]
Not yet, but next month, after Vienna.
Do you remember when we tried to go to Salzburg? And that crazy old lady on the scooter - Oh, yes! Yes! [Laughs.]
- chased us out of the train station.
Yeah! And then, um and then we went and got, uh, it was a-a-a raspberry Linzer torte in Innsbruck? - Mm.
- To make ourselves feel better? Mm.
[Chuckles.]
You said, "We'll never finish this!" And then we did.
[Both laughing.]
So, what's after Asia? Any plans for a stateside tour? [Sighs.]
Oh, you know, hopefully next year.
You know, maybe a residency.
Oh, that would be sweet.
I mean, you know, I like the buses and trains and planes fine, but I, um I miss having one one place to hang my hat.
[Cellphone ringing.]
[Suspenseful music plays.]
Oh, God! I'm sorry.
I-I-I hate that thing.
I feel like I'm on a leash.
Ugh! I'm sorry.
[Ringing continues.]
Oh.
Oh, it's my conductor.
Um, I have to take this.
I'm sorry.
H-Hi, Andre.
No, I'm just at dinner.
What's up? Well, I can do that at rehearsal.
Yeah, no problem.
Yeah.
No, I-I know that they're coming in late on bar 16.
Y-Yeah.
Got it.
Got it.
I will make sure that Uh, c-c-can you hold on a second? Let me just get a pen.
Mm-hmm.
Yeah.
No, I-I Yeah, hold on one second.
Yeah, I can do it I mean, whatever you need.
Mm-hmm.
Okay.
All right, shoot.
[Thumps table.]
Okay [Speaking indistinctly.]
[Gasping.]
Chuck? I'm all right.
Well, do you want me to rehearse the cellists separately? Jimmy: Rebecca.
[Distorted.]
Rebecca.
[Electricity buzzing.]
Well, no, it's not just him.
It's the whole section.
Rebecca! Uh, no.
[Distorted.]
T-That's fine.
Yeah.
[Cellphone clatters.]
Chuck, what the hell?! Andre? [Sighs.]
I-I-I have to I'll have to call you back.
- I'm sorry.
- [Cellphone beeps.]
What is your problem? [Breathing heavily.]
Say something.
It is incredibly bad manners to answer a cellphone in company.
It's very rude.
Uh, I-I'm sorry.
I-I didn't know that you felt that way.
I didn't mean to offend you, Chuck.
[Chuckles.]
I-I may have overreacted.
- That was very abrupt.
Uh.
.
- No.
I understand.
- Uh - [Sighs.]
It's getting late.
Thank you for a lovely dinner, but I should be getting back to the hotel.
Just gimme a minute, and we can No.
Uh, um, I'll just get a cab.
I don't want to put you out any more than I already - Please, let me.
- No, really.
A cab is the easiest.
You gotta do somethin'.
Y-You can't let her leave like this.
- Just tell her what's going on.
- No.
No.
- [Rebecca speaking indistinctly.]
- She'll understand.
She'll Would you rather she think you're a raging prick than know the truth? No.
Look, if you won't tell her, then I will.
No, no.
No! You will not tell her.
You will not tell her.
All right.
Hi, Andre.
Yes, I'm sorry about that.
I dropped the phone.
[Dogs barking in distance.]
Caldera: Jesus.
What're you doing, man? There's barely any oxygen in that bag.
- You're suffocating her! - "Her"? Yeah, just because you don't see swingin' dicks doesn't mean you can't tell a boy fish from a girl fish.
[Chuckling.]
Oh, yeah, see.
Now I can see the lipstick.
This is a living creature.
It's not a piece of furniture.
So, after this, you take her home.
You put her in a big bowl, at least a gallon.
- [Sighs.]
- Get a good bubbler, maybe a plecostomus.
And don't feed her too much.
People get fat.
Fish, they drown in leftover food.
All right already, Jacques Cousteau.
Point made.
Good.
I'm guessing our friend didn't refer you to me to get ichthyological advice.
I'm looking for someone with a light touch.
I'm not talking some teenager taking a five-finger discount on string cheese at the Stop 'N' Shop.
I need highly skilled, high-end, discreet.
A real pro.
You gotta fit him in a tight space? I don't think so.
I got just the guy, then.
[Footsteps, indistinct conversations.]
[Telephones ringing.]
[Door opens.]
[Indistinct conversation.]
That's why I say golfing is a contact sport.
[Laughs.]
Great job, Ms.
Wexler.
Very refreshing.
Believe me, uh, we're happy to get this one off the docket.
Not as happy as we are.
Again, great job.
Thank you.
Thank you, sir.
Ladies, dinner's on me.
[Chuckles.]
Kim, I knew you were good, but I didn't know you were this good.
Oh, I'm glad you're happy.
We couldn't have done it without you.
And I hope you realize this means a whole lot a work comin' your way.
Oh, that's that's great.
Well, you don't sound like it's great.
I hate to be a buzzkill, but there is something you need to hear before we get any deeper in.
It's about your former attorney, Charles McGill.
What about him? Charles has been making some very ugly allegations about his brother, Jimmy, with whom I happen to share an office space.
Allegations? Of what? Charles thinks that Jimmy somehow took control of your documents while he was working on them at his home.
He believes Jimmy transposed the address numbers.
Transposed the numbers? How would he even do that? Charles contends that Jimmy took the documents pertaining to the Rosella branch and, while Charles was indisposed, photocopied and doctored them.
That's pretty baroque.
The important thing here is I think it could make some noise in public.
Soon.
I wanted to tell you this in the spirit of full disclosure.
I thought it was better if you heard it from me.
If you have any reservations at this point, or if you are not comfortable staying with me, we can discuss options.
[Sighs.]
If there's one thing I cannot abide, it's a man who won't own up to his mistakes.
Now, whatever mud McGill is slinging he's not gonna screw me out of the best outside counsel I've ever had.
[Breathes sharply.]
That's I'm so glad to hear that.
We appreciate the heads-up, but you can call this baby put to bed.
Now the most important thing dinner.
- [Chuckles.]
- 7:00 good for you? - Uh, works for me.
- Great.
We'll talk strategy - We move on Colorado or Utah first? - [Breathes deeply.]
See ya at 7:00.
This McGill thing.
You're sure it's not gonna be a problem? I am.
Mesa Verde isn't involved in any way, shape, or form.
[Sighs.]
Okay.
Good.
Then, I'll see you tonight.
Okay, great.
See you then.
[Sighs.]
[Electricity humming.]
[Buzzing.]
[Door creaks open.]
[Light switches click.]
Alley: Okay, this is it.
We can run without lights and mics.
We'll collect all cellphones and hold them for the duration of your testimony.
The, uh, court reporter, would it be possible to move him or her farther from the witness stand? Um, yeah, I think we can arrange - having them in the back of the court.
- [Sighs.]
I'm sorry.
There's nothing I can do about the exit signs.
It's code.
I appreciate all you're doing.
Thank you.
[Breathes deeply.]
Mr.
Alley, I wonder if you'd give us a moment.
I'd like to go over something with my colleague.
No problem.
I'll be outside when you're ready.
Howard? - [Door closes.]
- How you feeling, Chuck? [Sighs.]
- I'll muddle through.
- Because this is a lot to ask.
And if you're not up to it just throwing this out there maybe you don't need to testify at all.
No, I do.
I'm the only person who can adequately explain the context of that tape.
Otherwise, the defense'll tear it to shreds.
It's already a solid case.
We have Jimmy's statement from the Pre-Prosecution Diversion.
There's my testimony and the private eye's.
Maybe there's no need to put you through the wringer like this.
This isn't about me or my health.
This is about PR.
We lost a client.
That happened because, while you were incapacitated, your brother accessed documents that should have been secured at HHM.
What Jimmy did is unconscionable, yes but one of my jobs is to safeguard the firm's reputation.
This is not the time to worry about how we look.
This is about what's right and what's wrong.
I'm not gonna risk Jimmy getting, what? A year's suspension? Maybe two? He deserves disbarment, not some slap on the wrist.
No, Howard.
There's only one way forward.
Let justice be done, though the heavens fall.
[Door creaks open.]
Sorry to keep you waiting.
This'll do nicely.
Please extend my thanks to the Committee for their flexibility.
Alley: Good morning.
I'm Robert Alley for the State Bar.
In the matter of James M.
McGill, the State Bar intends to prove the following violations of the Ethical Code.
16-102 engaging in conduct a lawyer knows is criminal.
Mr.
McGill certainly knew that breaking down his brother's door was criminal behavior.
16-804 committing a criminal act that reflects adversely on the lawyer's honesty or trustworthiness as a lawyer.
Any reasonable person would agree that assaulting another lawyer in his own home reflects badly on Mr.
McGill's fitness as an attorney.
16-304 unlawfully altering, destroying, or concealing material having potential evidentiary value.
Mr.
McGill broke into his brother's home and destroyed an audiocassette which contained a recording of a conversation between himself and his brother, Charles McGill.
We will show that this recording was evidence - in an ongoing legal case.
- [Door creaks.]
The State Bar believes that, once we have presented the facts, the Committee will agree that disbarment is warranted for James McGill.
Thank you very much.
Thank you, Mr.
Alley.
Ms.
Wexler? Thank you, Mr.
Chairman.
Good morning.
I'm Kim Wexler, co-counsel with James McGill, for the defense.
You've already read Mr.
McGill's Pre-Prosecution Statement.
We don't dispute he broke into his brother's house, an act he regrets deeply.
But there is another side to this story.
One not about calculation or ill intent, but about about two brothers, whose relationship, after years of strain, finally broke.
We believe that, after you have the complete picture, you'll understand James McGill is an asset to our legal community.
And he should remain a full member of it in good standing.
Thank you.
Thank you, Ms.
Wexler.
- Okay, if, uh, everyone's ready to - [Clock ticking.]
begin testimony Mr.
Alley, call your witness.
Hamlin: Bang! Bang! Bang! Then he kicked down the door.
Jimmy was very agitated.
He was shouting.
He demanded Charles turn over - the evidence he'd been collecting - Kim: Objection.
We haven't established the tape is evidence of anything.
The defense has only acknowledged it as a piece of property.
Uh, allow me to rephrase.
Jimmy demanded an audiocassette in Charles' possession, which Jimmy proceeded, with the help of an iron fireplace implement, to pry from Charles' desk.
He then broke the cassette into pieces and went on to confront his brother.
What happened after the defendant smashed this tape? Mr.
Brightbill and I That's the private investigator that Charles hired? That's correct.
He and I were concerned that Jimmy might strike his brother.
So that's when we stepped in.
- Thank you, Mr.
Hamlin.
- Certainly.
Nothing further at this time.
Man: Ms.
Wexler? [Papers rustling.]
Kim: Thank you, Mr.
Chairman.
[Clears throat.]
[Sniffles.]
You testified you've known my client for some time.
How long exactly? Nearly 10 years.
How did you come to know him? His brother asked to hire him in the mail-room at our firm.
- And you did.
- Yes.
What was your opinion of him then? [Clicks tongue.]
I thought [Sighs.]
he had a lot of get-up-and-go.
He was a hard worker.
You had a nickname for him, didn't you? "Charlie Hustle.
" "Charlie Hustle.
" How'd you feel when you found out he'd become a lawyer? Surprised.
He'd put himself through law school and taken the Bar Exam without telling any of the partners.
Even Charles.
He bootstrapped his way into a law degree while working in your mail-room.
Did you consider taking him on as an associate? We did.
Briefly.
Sounds like you didn't hire him.
Why not? With that kind of grit.
The partners decided it would be best to avoid the appearance of nepotism.
We felt hiring Jimmy might damage morale.
Nepotism.
Your firm is "Hamlin, Hamlin, and McGill," right? Who's the other Hamlin? My father.
Which partner was the most concerned with nepotism? Charles McGill.
- So Jimmy's own brother blocked him.
- Alley: Objection.
How are the hiring practices of Hamlin, Hamlin, McGill relevant here? It's relevant to understand the relationship between these brothers.
We'll, uh, give you some leeway, Ms.
Wexler, but don't stray too far.
Charles McGill is not the subject of this hearing.
Thank you.
Did Jimmy know his brother was the one that prevented you from hiring him? Hamlin: No.
He did not.
Eventually, he was hired by the firm of Davis & Main.
I'd be happy to say more about that, if you'd like.
No.
Thank you.
When Charles' condition appeared, Jimmy took care of him, didn't he? I believe so.
Jimmy was struggling to build his solo law practice, and yet, every single day, without fail, he brought his brother food, supplies even his favorite newspapers.
Isn't that right? He did.
Could you speak to the terms of Charles' leave of absence? You know I can't.
It was an FMLA leave.
Anything more is confidential.
But you can confirm it was due to mental illness, correct? Objection! Charles McGill's mental health isn't at issue.
This is a smear job on the State Bar's upcoming witness nothing more.
This is not a competency hearing, Ms.
Wexler.
Mr.
Hamlin is not a [Sighs.]
psychiatric professional.
Do you have any questions that would be more germane to his experience? No.
I have nothing further.
The witness is excused.
Alley: At this time, the State Bar would like to enter Exhibit Five into evidence.
We ask that Charles McGill's recording be played.
I'm respectfully renewing my objection.
The probative value of playing this Exhibit is outweighed by how prejudicial it is.
All due respect to Ms.
Wexler, but the State Bar feels this is fundamental to hear.
We don't want to leave any question as to the intentions of both parties.
Ms.
Wexler, we already ruled this was fair game when we denied your motion to suppress.
I'll add, the rough-and-tumble of your client's conduct aside, we need to know whether one lawyer attempted to tamper with another's evidence.
[Pen clicks.]
[Wheels rumbling softly.]
[Rustling.]
Come here.
[Clicks.]
[Whispering.]
What are you still doing here? - [Whispering.]
Flight's delayed.
- How delayed? 40 minutes, last I checked.
Shit.
Okay.
Keep me posted.
- [Woman speaking indistinctly.]
- [Sighs.]
Alley: Um, yes.
Here we go.
[Buzzing.]
Thank you for your patience.
The State Bar is ready to proceed.
[Clears throat.]
Um, begging your pardon.
Um, the defense requests a moment to review, if we could? All right.
[Sighs.]
When you're ready.
Thank you, Mr.
Chairman.
[Whispering.]
What are we doing? [Whispering.]
We're stalling.
Yes.
Yes.
My brother has many admirable qualities.
I-In some ways, I can say I admire him.
Too cold.
I love my brother.
But Ted Kaczynski's brother loved him, too.
And he wanted to help.
That's sanctimonious.
I love my brother.
He's a good person.
He has good in him.
But the law is too important.
- [Sighs.]
- [Clock ticking.]
Ah.
[Knock on door.]
Be right there, Howard! [Sighs.]
The law is too important.
Hmm Jimmy: I sure shit wouldn't be tellin' ya otherwise.
But, yes it's the truth.
Chuck: You'd go to such lengths to humiliate me? I did it for Kim! She worked her butt off to get Mesa Verde while you and Howard sat around sipping scotch and chortling.
Hamlin, Hamlin, McGill more like Scrooge and Marley! Kim deserves Mesa Verde not you, not HHM.
She earned it, and she needs it! I did it to help her, but I-I honestly didn't think it would hurt you so bad.
I thought you'd just say, "Oh, crap, I made a mistake," and go on with your life, like a normal person! But, oh, no! Wishful thinking! So, can I, uh, tell Howard you're not quitting or retiring or whatever? And can we take all this shit down off the walls? I'm gonna go call Howard.
Jimmy.
You do realize you just confessed to a felony? I guess.
But you feel better, right? Besides, it's your word against mine.
[Clicks.]
Uh.
Um.
All right, uh, Mr.
Alley, uh, we need to make accommodations for your next witness.
- Is that correct? - Yes, Mr.
Chairman.
All right.
For those who don't know, we need to prepare the room.
Uh, the Clerk is going to collect your, uh, cellphones, watches, key fobs anything electrical.
If you prefer not to, please secure your items - Thank you.
- outside this room.
Thank you for understanding.
Your phone, sir? I left it in the car.
[Light switches click.]
[Footsteps.]
[Door opens.]
[Door closes.]
[Engine shuts off.]
[Indistinct conversations.]
- Oh.
Excuse me.
- Sorry.
- That's yours.
- Thanks.
[Conversations continue.]
Please raise your right hand.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do.
Could you state your name? Charles L.
McGill.
I'm a senior partner at the law firm of Hamlin, Hamlin, McGill.
Can the court reporter hear me? Yes, sir.
I can hear you fine.
Mr.
McGill, I'll try to be brief.
We don't need to dwell on the burglary or the assault that you suffered.
Thank you.
I appreciate that.
Alley: What I would like to hear about is this tape.
What compelled you to make it? I had a suspicion my brother had tampered with documents in a case I was working on.
And why would he do that? Doesn't sound particularly brotherly.
I believe it was his hope that the tainted documents would cause the client to become disillusioned with my representation - and return to their previous attorney, - [Sighs.]
Ms.
Wexler.
Which, I should note, is precisely what happened.
Objection.
I'm not saying Ms.
Wexler knew what Jimmy was doing or had any involvement.
I'm only stating that it happened.
Did you have any evidence to support your suspicions about James? No.
My brother, whatever else can be said of him, can be quite clever.
Did an excellent job of covering his tracks.
Objection.
The witness has admitted there's no corroborating evidence this supposed crime even occurred.
I'd like to hear what he has to say.
We're going to continue.
Uh, we'll extend you the same latitude on cross, Ms.
Wexler.
Go on, Mr.
McGill.
Without physical evidence, I felt that a recorded confession if I could get one was my best bet.
On its own, I knew the tape would be somewhat flimsy, but it was a start.
A foundation for a more ironclad case.
I suppose that Jimmy must have felt the tape was decisive evidence on its own.
Otherwise, he wouldn't have broken in to destroy it.
Objection.
More speculation.
How can he know what was going on in Jimmy's head? Sustained.
We just need to hear what happened, Mr.
McGill.
Chuck: I-I apologize.
I recorded my brother to build a case against him.
Alley: And at the time, would you say that you were in possession of your faculties? All due respect, but but you do sound somewhat unhinged on the recording.
Yes, I understand that.
But what you heard was theater.
A performance, play-acting.
I exaggerated the symptoms of my disease to extract the truth.
Can we talk about your disease for a moment? I'd like everybody here to be on the same page about it.
Of course.
It is sometimes referred to as EHS, electromagnetic hypersensitivity.
I describe it as an acute allergy to electromagnetism.
It's not a common condition, is it? I know it sounds strange.
I do.
But 30 years ago, no one had heard of peanut allergies.
But you admit that no one uh, no doctor has ever diagnosed you.
AIDS was not identified properly until 1981.
HIV wasn't known as the cause until '83.
These things take time to unravel, even for doctors.
Would you say that your illness affects your ability to think clearly? No.
It affects me physically.
It causes me great pain.
However, I'm perfectly lucid.
Thank you.
Mr.
McGill, I have only one more question for you.
Do you hate your brother? Absolutely not.
I love my brother.
There's nothing malicious in Jimmy.
He has a way of doing the worst things for reasons that sound almost noble.
But what I know for sure is that the law is too important to be toyed with.
It's mankind's greatest achievement the Rule of Law, the idea that, no matter who you are, your actions have consequences.
[Sighs.]
And the way my brother treats the law [Sighs.]
it breaks my heart.
That's why I did what I did.
Not to hurt him, but to protect something that I hold sacred.
Thank you, Mr.
McGill.
The State Bar rests.
[Whispering.]
I think we need to put on the brakes.
[Sighs.]
I'm sorry.
My co-counsel and I need a moment to confer.
Please be brief, Counselor.
Yes, of course.
[Sighs.]
She'll be here.
Do you have anything for cross? - Uh, can I look at your notes? - [Door creaks open.]
Yeah, of course.
Can we, um - [Whispering indistinctly.]
- Yeah.
[Door creaks.]
- Hey.
- Hey.
So glad you made it.
[Indistinct whispering.]
Mr.
Chairman, I'm sorry.
Um, might I have a moment, uh, to get a breath? Oh, of course, Mr.
McGill.
Uh, folks, let's call this 15.
Everybody, please be back and ready to go on the hour.
[Indistinct conversations.]
[Door creaks.]
- Rebecca.
- Chuck.
It's good to see you.
I have to say, I'm a bit surprised.
Did Jimmy subpoena you? You're not on the witness list.
You don't have to testify.
No, no, no, no.
I'm not here for that.
Well, what, then? Chuck, I wish you'd told me.
I-I can't believe what you've been going through.
How long has it been? Ah.
You're here to help.
Because all this is so stressful for me.
[Sighs.]
Is that what Jimmy told you? - He's worried about you, Chuck.
- [Scoffs.]
In spite of everything that's happened between the two of you, he he cares.
What exactly did he say? Um, well, that you had been sick.
Allergic to electricity? He sent me pictures of the house.
- Chuck, my God.
- [Sighs.]
Why didn't you tell me? I didn't want to upset you.
Worry you unnecessarily.
[Breathes deeply.]
But now you're here.
And now you know.
I came because I thought it was the right thing.
I thought I don't know that you'd want me to.
But I guess that I'm more of a distraction.
- So, uh - [Sighs.]
I'm gonna be in town for a few days, and I would love to spend some time with you.
But right now, I-I think I should go.
No.
No, no, please.
I want you to stay.
Really? You don't seem happy to see me.
I am.
[Chuckles.]
Just surprised, that's all.
Please, stay.
Are you sure? Yes, I'm sure.
You've been sold a bill of goods, Rebecca.
I want you to see what's what.
[Crunching.]
She's not what I expected.
Oh, yeah? What'd you expect? I don't know.
Just not her.
[Chuckles.]
[Crunching.]
You know, she's gonna hate you when this is over.
Yep.
All right, uh, Mr.
McGill, I'll remind you you're still under oath.
I understand.
At this time, I'd like to turn cross-examination over to my co-counsel, James McGill.
[Clears throat.]
Uh, well, there's been a lot of fuss about it, but you and I have never really talked about this tape you made.
We lost the opportunity when you burglarized my house to destroy it.
Fair enough.
Um, and I was in the wrong there.
But, still, I'd like to try and follow your story of why and how you recorded it.
Oh, is this where you claim the tape is spurious? That it's not really your voice? No.
That's me on the tape.
But, still, I have some questions.
Like, the recorder, it must've hurt like hell for you to touch that.
There was a degree of discomfort, that's true.
And where did you hide it? I mean, the sound's pretty clear, so it wasn't in the couch cushions, was it? Tucked under a space blanket.
Out of sight.
Wow.
So there's no chance I would see it.
Not with the state your place was in.
- Isn't that right? - I suppose.
Would you like to set the scene for the Disciplinary Committee? Tell them, you know, what your house looked like at the time of the recording.
Objection.
Relevance? Well, the circumstances of the recording are materially relevant.
How can you know what the tape really means unless you know what was going on when it was recorded? Overruled.
The witness can answer the question.
I covered most of the walls with Foil-Scrim-Kraft insulation.
I also hung a number of space blankets.
Compact Mylar sheets.
They insulate and protect against mild electromagnetic radiation.
[Sighs.]
All right, so, shiny insulation and space blankets all over the walls and the ceiling.
[Chuckling.]
It was like being inside of a disco ball.
Do you have a point? Well, um, I'm impressed by how much work went into entrapping me.
You went all out.
I didn't entrap you.
I provoked an admission in adverse interest.
That's not the same thing.
How did you know it would work? What do you mean? How did you know your "provocation" would work? Why'd you think a bunch of shiny plastic would make me say anything? Isn't it because you knew that it was precisely the thing that would worry me so much that I'd say anything to talk you down? - Objection.
- Okay.
Withdrawn.
Let's let's get back to your house, every surface covered in tinfoil.
Nothing crazy about that, huh? As I've said, I was playing up my condition.
Usually, it's a perfectly normal house.
You think your house is normal? Can I call your attention to Exhibit Nine? This is your house, right? Yes.
So, exposed wires.
[Pages turning.]
There's a camp stove.
There's a lantern on top of newspapers.
You call this normal? I call them adaptations.
A prophylactic measure for a physical, medical condition.
Did the doctor who granted me guardianship for you - think this was a physical condition? - Objection.
You can't introduce a TEG as evidence.
Besides which, the panel has already ruled that Mr.
McGill's mental health is not at issue.
No, the State Bar opened the door to this on direct when the witness talked about his supposed "play-acting.
" Allowing me to follow up on cross is only reasonable.
We discussed the physical allergy, not a mental disability.
Potato, po-tah-to.
It comes down to this In order to understand what I was thinking, you need to see Chuck through my eyes.
You need to know if I believed that tape was evidence.
And I say it was evidence of only one thing My brother hates me.
Now, he claims that he lied to me to get me to tell the truth.
And I'm telling you I lied to my brother to make him feel better.
Which of us you believe depends on how we all understand the mind of Charles McGill.
Well, we did promise the defense some leeway.
You may proceed.
- Thank you, Mr.
Chairman.
- But watch yourself.
Chuck, I'd like to go back a little further, talk about when these symptoms first started.
It was shortly after you were divorced, is that right? Yes.
You think the stress of the divorce brought on the illness? I doubt it.
It was an amicable split.
My ex-wife and I are still on good terms.
In fact, your ex-wife is present with us today, is she not? When was the last time you two saw each other? Objection.
This is not family court.
We're not here to re-litigate the witness' divorce.
I can't see what purpose this serves.
I can.
I'll tell you why my brother brought my ex-wife to this hearing.
4,000 miles she came, lured by concern for me.
What Jimmy's driving at is the last time I saw her, I covered up my illness.
I'd been suffering from it for some time, but I went to great lengths to conceal that fact from her.
I'm sorry I deceived you, Rebecca.
[Sighs.]
I didn't want you to think less of me.
Now Jimmy has outed me in front of you.
You know why? To rattle me.
He knows I still have a [Voice breaking.]
a lot of, feeling for my ex-wife.
He's hoping this will break me down.
Split me apart at the seams, like a murderer confessing on an episode of "Perry Mason.
" Well, I'm sorry to disappoint you, Jimmy.
Have I answered your questions to your satisfaction? Do you have anything else? Yeah, I do.
Earlier, you talked about other diseases.
Physical conditions, you said.
Uh, so, okay, if you'd had, um I don't know lung cancer, would you have told Rebecca then? [Sighs.]
If that had been the case, maybe.
I might have.
- So how is this different? - Mr.
McGill.
Move it along.
You don't have to answer that.
I want to get down to brass tacks.
I want to be very, very specific here.
This illness, what does it feel like? You mentioned it's painful.
It is.
[Breathes sharply.]
There's a tightness in my chest, difficulty breathing, and pain, burning pain.
The pain spreads everywhere.
Sounds horrible.
Does it hurt right now? There's always some discomfort, yes.
Electricity is everywhere in the modern world.
[Sighs.]
But I very much appreciate the indulgence of the panel for their accommodation here today.
I can handle this fine.
[Sighs.]
Right, so, with the lights out, you don't feel them? Chuck: If the current's not flowing, no.
- [Door creaks.]
- Oh.
Sorry about the exit signs.
I guess they couldn't kill those for you.
Well, they're not drawing much current, and they're far away.
[Door creaks.]
Intensity drops off with distance, per the inverse-square law.
[Chuckling.]
Okay, whoa! Inverse-square I'm not a physicist.
Could you dumb that down a shade for me? The farther away it is, the stronger the source needs to be to have an effect.
Got it.
Got it.
So, if I had a small battery, say, from a watch or something, and I got it close to you, close to your skin, you'd know? I would feel it, yes.
Can you feel more current coming from any particular direction right now? Uh, from that back wall or, uh, from over there or up through the floor? Can you tell us where the nearest source is right now? Jimmy, do you have something in your pocket? Yes, I do, as a matter of fact.
My cellphone.
From this distance, you should feel it, and you don't, do you? Mr.
McGill, you were warned to leave your electronics outside.
It's all right.
It's all right.
May I? Ah.
Just as I thought.
There's no battery in here.
You removed the battery.
[Cellphone clicks.]
[Chuckling.]
That's a sorry little trick, isn't it? Yeah, you got me, Chuck.
Dead to rights.
- [Sighs.]
- I removed the battery.
- Objection.
- Sustained.
Y-You've taken all the leeway you're getting, Mr.
McGill.
Wrap it up fast.
God, Jimmy.
[Sighs.]
Don't you know by now this is real? I feel this.
It's a physical response to stimuli.
It's not a quirk.
[Sighs.]
What do I have to do to prove it to you? I don't know, Chuck.
Could you reach into your breast pocket and tell me what's there? [Scoffs.]
What now? Can you tell the court what that was? - A battery.
- Mr.
Chairman, please.
Do you recognize that man in back? His name is Huell Babineaux.
He's on our witness list.
You bumped into him in the stairway.
He'll testify he planted this fully charged battery on you over an hour and a half ago.
Hour and 43 minutes ago.
An hour and 43 minutes.
Thank you, Mr.
Babineaux.
And you felt nothing.
- [Cellphone beeps.]
- No, no, no.
- No, no.
It's a trick.
It has to - Enough is enough.
I submit that Mr.
McGill's mental illness is a non-issue.
- If he were schizophrenic - Schizo it wouldn't take away from the fact - that the defendant - I am not crazy! [Chuckling.]
I am not crazy.
I know he swapped those numbers.
I knew it was 1216.
One after Magna Carta.
As if I could ever make such a mistake.
Never.
Never! I just I just couldn't prove it.
H-H-He covered his tracks.
He got that idiot at the copy shop to lie for him.
Alley: Mr.
McGill, please.
You don't have to go in You think this is something? You think this is bad, this this chicanery? He's done worse.
That billboard! Are you telling me that a man just happens to fall like that? No.
He orchestrated it! Jimmy! He defecated through a sunroof! [Chuckling.]
And I saved him, and I shouldn't have.
I took him into my own firm.
What was I thinking?! He'll never change.
He'll never change.
Ever since he was 9, always the same.
Couldn't keep his hands out of the cash drawer.
But not our Jimmy.
Couldn't be precious Jimmy! Stealing them blind.
And he gets to be a lawyer?! What a sick joke! [Voice breaking.]
I should have stopped him when I had the chance! And you you have to stop him! You [Breathes deeply.]
I apologize.
I lost my train of thought.
[Sighs.]
I got carried away.
[Clears throat.]
Do you have anything else? No.
Nothing further.
[Sighs.]
[Electricity humming loudly.]