The Good Wife s05e17 Episode Script

If I die before you, please don't let them read "Wind Beneath My Wings" at my funeral.
Who knew it had so many verses? You think that we didn't know him or his family didn't? Maybe he changed.
They said he liked nighttime walks in the snow? He hated the snow.
What about that food? I didn't know he cooked.
He didn't! They're crazy.
I need another drink.
We were like the two mistresses at the Irish funeral.
Yep.
Oh, I'm sorry.
I meant that metaphorically.
I know.
Thank you.
To Will.
To Will, a real man.
He shall be missed.
My dad was a sloppy drunk.
I said I'd never be like him.
You're not sloppy.
You're elegant.
Mm, I always wanted to be like you.
- No.
- No, I did.
When I came to Lockhart/Gardner, the way you held yourself.
I was a great disappointment to my mother.
She wanted me to be a nurse.
Get married, have three kids.
Be a nurse.
My mom thinks I'm a prude.
I know.
She thinks I should loosen up and get laid more.
Oh, no.
Oh, let me guess.
Yep, it's David Lee.
Hey, let me answer.
It'll terrify him.
Come on.
He'll think we're merging or something.
Come on.
I'm so alone there.
Partners look at me like I'm a gazelle on the savanna.
They always looked at you like that.
No, this is different.
Will was on a buying binge.
Now we're overextended.
Yeah, we are, too.
Well, we should merge.
What? We should merge our firms.
How would we do that? By saying we will.
You would want that? Well, I would want Chumhum back.
That would solve a lot of my issues.
You'd take Chumhum and get rid of us.
No.
We'd draw up a contract.
I have to have someone to take Will's place anyway.
Our firms are fighting on a lot of fronts.
Oh, and your client is divorcing our client.
No, your client is divorcing ours.
Well, so, let's keep talking.
We'll make peace and Come on.
We'll figure out how to make this work.
Your husband's divorce lawyer's named David Lee.
He can be very contentious, so don't get thrown by anything.
I don't get thrown by anything anymore.
We have leverage.
- Your husband - Ex-husband.
No, now, Carol, remember he's only your ex-husband when you grant a divorce.
Otherwise, according to Illinois law, he has to wait six months.
- That's my leverage.
- That's your leverage, okay? Now, he wants to get remarried right now, but he can only do that if you say, yes, okay? Excuse me.
Alicia - Am I early? - No, I What are you doing here? You don't have to be here.
I thought you were taking the week off.
No, I'm good.
Ready to go.
Cary, please, I'm fine.
Don't worry.
I'm not gonna fall apart on you.
Let's go.
Hello, Carol.
How are you? I'm good, Asher.
Wow, you're tan.
I was in California.
Oh! Huh, the book.
How's it selling? Okay, that's enough small talk for now.
Alicia, Cary, welcome.
Hello, Cary and Alicia.
Excuse me a minute.
Diane, what are you doing here? - Sitting in.
- Why? Because I'm here.
Okay, we would rather this not be contentious, so we're willing to compromise.
Carol will grant Mr.
Mercer's request for a divorce.
Mr.
Mercer is not asking for a divorce.
He We don't want this to be contentious, either.
Good.
Then to answer Mr.
Lee, yes, your client did ask for a divorce after sleeping with We don't need to go into that here if we're all agreed to our terms.
A grant of divorce in trade for leniency on the postnuptials? Yes.
So the only question is custody.
And since we all want what's best for Nico, that would prove to be a simple matter of visitation rights.
Good! So basically, we're done.
Carol? - If Asher agrees.
- All I want is for this to be over.
Mr.
Mercer, if you can give me some wiggle room, I can get David, he's already stated his preference.
Yes, and I am offering my opinion.
Mr.
Mercer? All I want is for everybody to be happy.
Good.
Well, then we have a deal.
Except for custody.
What the hell was that?! That was called turning down the temperature.
You ought to try it sometime.
Diane, if this is about Will, you should take a break and go on vacation.
David, I have some advice for you.
Whenever you're tempted to bring up Will's death and credit my behavior to it, resist.
Diane, I have some advice for you.
When in mourning, don't make big decisions.
At least for a year.
Really?! Gretchen, move David Lee out of his current office and into, um, that office back there.
- You can't do that.
- Yes, I can.
I'm on the infrastructure committee.
Too bad you're not.
Is that a big enough decision for you? You know why she's doing what she's doing? Why? I went to a bar after Will's funeral.
I wanted to be alone.
I liked him.
I miss him.
Why is she doing what she's doing? And I happened to hear two women talking over a deal suggesting their two firms merge.
And do you know what, David? Those two women looked an awful lot like Diane and Alicia Florrick.
Is this true? She wants someone who will be in her back pocket.
So, we should do something about it.
That was interesting.
We got the result we wanted.
Cary, uh, do you have a minute? Sure, what's up? Mr.
Grant, this is Cary Agos.
Mr.
Grant's has a case, and he's without representation.
Yes, that's the problem.
Lockhart/Gardner won't take the case for obvious reasons.
- Because of Will? - Yes.
Listen, I don't think my son's responsible for Will Gardner's death.
Jeffrey was out of his mind.
The state's attorney's office prosecuted him for a crime he didn't commit.
That's what forced him to grab the gun.
It's the state's attorney that's at fault, and I'm gonna sue them.
Sue them for? Wrongful prosecution.
A wrongful prosecution suit is extremely hard to win.
Yes, except that he's already had a meeting with the state's attorney.
Yes, he came to my house.
- He came to you? - Yes, Castro.
He apologized.
He assured me that heads would roll in his department.
He wants this to be over.
He wants to clear the decks.
Uh, Mr.
Grant, you know Alicia Florrick? Yes.
Mrs.
Florrick, hello.
Hello.
You were very nice to Jeffrey.
All right, so let's take a step back and discuss the idea of you filing suit.
Cary's going to tell you there's a very high bar for a wrongful prosecution - which is true.
- What heads? What? You said Castro said, "Heads would roll.
" Which heads? Well, he didn't say.
Is that important to the suit? No, we're just getting more of a sense of the facts.
Why? Why'd you ask that? We can't take this case.
Because of Will? Oh, we we have to listen.
He'll just take the case to someone else.
Cary, listen to me.
You take this case, I quit the firm.
I understand.
I'll talk to him.
I don't give a damn.
Alicia, he's meeting with the state's attorney.
He told us that in confidence.
You cannot use it.
Thank you, Cary.
Yes, um, hello.
Can you put me through to a Finn Polmar's room.
I think he's in the ICU.
He had the gunshot wound to the shoulder.
Mrs.
Florrick, your appointment.
Oh, I see.
When? Thank you.
Sondra, I need you to locate the number of a Finn Polmar.
He's the new ASA at the state's attorney's office.
He just got released from the hospital.
Sure.
Do you want me to connect you? Just let him know I need to talk to him, and I'll be right back.
Well, the Sinclair Mission is exactly what families in Illinois need.
And I really have to thank my wife for bringing it to my attention.
My husband's being humble.
It didn't need to be brought to his attention.
Well, we'll, uh, we'll agree to disagree.
At any rate, if you'll excuse us, Alicia and I have to discuss our son's SAT scores.
Thank you very much.
Can you stand back please.
Thank you.
Are you all right? I'm here posing with you for a photo op.
Why wouldn't I be? Because of Will.
I'm here for you, Peter.
What do you want from me? - Well, I'd like my wife back.
- I'm here.
Are you? Oh, dear God, would everyone just stop thinking I'm falling apart at the friggin' seams?! Everyone? When did I become everyone? Good.
I think we can handle shared custody now.
Nico is five years old, and we don't want to disrupt his home life.
Are we agreed? Hello.
Hello, David, we're almost settled here.
Good.
What nice offices, Cary.
Very 1990s T-shirt factory.
- Thanks.
- Where's Alicia? I thought she'd want to be here for this.
She'll be here in a minute.
What do you got? A nanny cam video.
What nanny cam video? You and Asher agreed to have installed in your house.
What's this about, Ash? Uh, David.
We're decided.
Oh, my God! You took that of me?! You were sleeping with one of my students.
- What was I supposed to do? - You ran off with your nurse! - I didn't run off.
- What would you call it?! I'd call it grounds for voiding your postnup.
Infidelity.
You're trying to make me the villain? Maybe we should settle this in court.
Wait a minute! You want to settle this, you don't want this video shown in court, then take 20 cents on the dollar.
Like hell I will.
Then we'll see you in court.
Kalinda? I was just about to call you.
I, um, I need a favor.
Okay.
I, uh, need you to go to Will's apartment.
Okay.
Why? I need to know how many commitments we've made in New York and L.
A.
His family boxed up his work things.
Bring them back here.
Okay, I'll, uh, I'll head over.
Diane? David Lee and Damian are trying to remove you as managing partner.
How do you know? I heard them talking.
Without Will, they feel you're unprotected.
What do you want me to do? I don't know.
Well, you have to gather votes to fight them.
It'll never end, Kalinda.
I can't fight them anymore.
If they want to come after me, let them friggin' come after me.
Well, let me see what I can do.
What do you mean? Let me see what I can do for you.
Okay.
Thanks, Kalinda.
The postnup is clear.
Any actual evidence of infidelity by either spouse invalidates the agreement.
Actual evidence means evidence you can admit.
Like this footage from Mrs.
Mercer's own nanny cam.
Excuse me.
Mrs.
Mercer didn't even know the nanny cam was there.
This evidence can't be admitted.
Simmer down, everybody.
The Illinois privacy law specifically forbid videotaping - someone in their house without consent.
- Oh, please.
Please what? Her husband was spying on her.
Who's deaf in here?! Thank you very much.
So, the videos are from a nanny cam? It shows clear as day I don't need your testimony, Mr.
Lee.
Just an answer.
Yes, Your Honor.
They had cameras in locations - throughout the house - Not "they.
" Him.
Mrs.
Mercer didn't even know they were there.
I don't need yours, either, Mrs.
Florrick.
That's what the witnesses are for.
Do you have a witness? You had no idea your husband bought a home surveillance system? Absolutely not.
And that he put cameras all over your house, including in your bedroom? He never said a word.
So you had no idea your private activities were recorded? - None.
- And you have an expectation of privacy in your home? Especially in your bedroom? Of course I do.
Carol asked me to install the nanny cams.
And when was this? Right after our son was born.
Why did she want them? She had an emergency C-section with Nico, and she was in bed recovering for a few weeks.
And since I'm limited physically, we needed help in the house.
So, your wife wanted to keep and eye on the help? Yes.
That was the plan.
But then her mother came.
- Don't bring my mother into this! - Mrs.
Mercer.
I'm only saying I bought this high-tech system and she never used it.
Look, she champions the use of these things on-on her mommy blog.
It's not my fault if one caught her cheating.
- In your bed, in your house.
- Objection! It's a shared home.
Only Mr.
Mercer's name is on the mortgage.
- That's a technicality.
- Okay, thank you.
Always a pleasure.
I will decide on this issue in a few hours.
Do you want to see the video, Your Honor? Nicely argued.
Where are you going? __ Mr.
Polmar? Hello.
Mrs.
Florrick.
Hello.
I'm sorry, I had a hard time getting you on the phone.
My, uh, assistant thinks she's doing me a favor by screening my calls, but unfortunately the only ones that she lets through are family members.
Thanks, Maria.
How are you? Oh, this? It's very Indiana Jones.
Um how close are you with James Castro? Jimmy? Close, why? Do you need something? No, I-I need to tell you something in confidence.
The S.
A.
is looking for a scapegoat in the Jeffrey Grant prosecution.
And you are afraid that it's me? Yes.
Don't worry about it.
Well, he has an election coming up and this Grant issue could haunt him.
Jimmy's an old friend.
I'm known him since law school.
I was best man at his wedding.
He's the one who dragged me out here.
Okay, good to know.
But a word of advice.
If he does bring you in for a casual chat about the Grant prosecution, I would call a lawyer.
Okay.
You think I'm being cynical.
No, no.
It's just, um I have to trust someone.
Especially after this.
You're right.
- Well, it was good to see you again.
- You, too.
And if you ever want to talk.
Thanks, but I'm good.
Alicia? Mr.
State's Attorney.
That sounds odd.
Jimmy's fine.
I never congratulated you on your appointment, Jimmy.
So, congratulations.
Thanks.
It's a challenge.
But I like challenges.
I was sorry about your old boss.
- I liked Will Gardner.
- Thank you.
If I can do anything, please tell me.
Oh, I will.
And just know I'm doing everything I can here.
I always ask myself what would your husband do when he was state's attorney? Then I'd try to do the opposite.
No.
I'm joking.
He's a good guy.
Well, good luck, Jimmy.
I don't know exactly what's on this nanny cam video, but I do know this.
The Court's interest in ruling on the viability of this postnup is not as great as Mrs.
Mercer's privacy.
Your Honor, if I may You may not.
I forthwith enter a six-month separation order.
If Mr.
and Mrs.
Mercer can't work this out - over the next half year - Your Honor, a new issue - has come to our attention.
- Oh, really? Just now? My goodness.
My client would like to file an emergency petition for full custody of his son.
- What? - Sit down.
- On what grounds? - Child endangerment.
Carol is the primary caretaker.
That's the emergency.
This video will prove that Carol Mercer is an unfit mother.
Your Honor, you already ruled the nanny cam recording inadmissible.
Only as to viability of the postnup.
But child welfare trumps privacy.
I'm sorry, Your Honor, but I fail to see even if the video shows what Mr.
Mercer contends, how that would endanger their child.
- I'll be happy to show you.
- Your Honor, this is a ploy.
A way for you to see evidence that you already - ruled inadmissible.
- Yeah, sorry.
But if we're talking about the best interests of a child, I'm looking at everything.
The video's admissible.
Just don't make a meal of it, Mr.
Lee.
Sit up.
And don't look embarrassed, okay? Mama? Okay, got it.
I'll hear testimony on Professor Mercer's petition for full custody.
Your Honor, what the video shows is unfortunate, but it doesn't rise to the level - of child endangerment.
- The video constitutes a facial showing of irresponsibility on the part of Mrs.
Mercer.
Anthony and I have been friends for years.
- And it only happened once.
- So you say.
I'll hear testimony on Professor Mercer's petition for full custody.
- Alicia? - Yeah.
Always nice to see how Lockhart/Gardner works.
Kalinda, I'm When I'm in town, I make sure to be home to tuck him in.
I wheel up next to his bed and read to him.
- And when you aren't in town? - He's always on my mind.
Thank you.
No further questions.
- Let me cross.
- Why? Because I have this.
Professor Mercer, would you describe yourself as a materialist? Excuse me? Your book, The Philosophy of Materialism, describes you as an empirical materialist.
I'm just wondering if it's accurate.
Uh, yes, that's a a general term for the philosophy I teach.
The basic contention of which is all humans are a collection of atoms? That's a very simplistic view of it.
Give me the non-simplistic view.
Do we have three hours? Yes.
The basic contention of empirical science is that the universe is knowable.
And we are all made up of physical matter.
- Including the human consciousness? - Of course.
Including whatever emotions we feel? Objection, Your Honor.
I'm at a loss for what this has to do with anything.
The subject of this hearing is custody.
Professor Mercer argued that he was a good parent, and that my client was a bad parent, based on the activities he videotaped.
I am just trying to figure out the components of his good parenting.
- By questioning his teachings? - Yes.
Get specific fast, counselor, unless you want the objection sustained.
Thank you, Your Honor.
Professor, do you believe that free will is a fiction? - No.
I - On Choice.
" "The physical interaction of our atoms "is the sine qua non of thoughts, feelings, actions.
"We may believe we have free will, "but it is, in fact, the illusion of free will.
" Did you write that? That is the position I take in my book.
So it's not really a position you believe, the illusion of free will? Well, y-you're taking my positions from a book - and suggesting - That's how you'll bring up your son, yes.
Do you believe in right and wrong? Of course.
In what way do you believe in right and wrong? Objection.
Asked and answered.
No, not really.
You may answer.
Do you believe in right and wrong, Professor? If your son shoplifted a soda from a grocery store, why would that be wrong? Because it would impact the grocer's business.
But why is that bad? If the grocer is made up of a collection of atoms, why does that matter? Because it's wrong to hurt people.
Really? Objection.
That time, asked and answered.
Sustained.
Your Honor, may we take a short recess? So things, uh settled down for you yet? A bit.
State A.
G.
keeps pushing for a timeline on the Jeffrey Grant case.
Why? Just bureaucracy.
They don't get what we do here.
Hmm.
Could you put that together for me? Yeah.
- Sure.
- Thanks.
Hey, when did you drop the professor as a suspect, by the way? When did I? Well when was he dropped? I don't know.
Let me, uh let me take a look back.
Great.
Hey, we're okay, right? Sure, what do you mean? Nothing.
I'll talk to you later.
All right.
Maria, can you get me the number for Alicia Florrick at Florrick-Agos, please? Thank you.
How did you know I was off today? Lucky guess.
Shouldn't you be working? What happened with Jeffrey Grant? Jenna Okay.
When we left off, Professor, you said you believed in right and wrong, and that it was wrong to hurt people.
Professor? I said that this was a custody hearing.
My scientific materialism doesn't apply here.
On Morality.
"Humans create value systems to organize the world.
"Pleasure is good, pain is bad.
"Charity is good, murder is bad.
But they are random and, in fact, meaningless.
" Do you not believe this? Professor? - I do.
- Your Honor, objection.
Mrs.
Florrick has a new guest in court.
Who is it? - Counselor? - Yes, Your Honor.
It's Professor Thomas Nile.
He's the leading non-materialist and Professor Mercer's rival.
Welcome, sir.
So, Professor, you believe your son, Nico, is nothing more than a product of his atoms? My son is a glorious result of the miracle of nature.
Yes.
Which means a product of his atoms? Yes.
So when he dies, what remains of him? He's gone.
When someone dies, there's nothing left of them? That's why I plan to value every moment with my son.
I will hold him and love him and teach him.
But to what end? Why? Hey.
How's Grace? She's good.
You're very brave out there.
Thanks.
I got arrested at Wrigley Field.
That was pretty cool.
I think I made a mistake.
What mistake? Being a lawyer.
You don't like it? No.
I don't know.
Sometimes I do.
What would you do instead? I have no idea.
I wish I did.
Do you want to dance with me? No.
I think I'm going home now.
Mom.
Mom Diane Lockhart's on the phone.
And you missed a few other calls, too.
Hello? I'm, uh, sorry to call you at home, Alicia, but you weren't picking up your cell and your office didn't know where you were.
It's okay.
Um things are moving quickly here, and I don't want us to lose momentum.
I just need to know if we're if we're still talking merger.
Can I call you back? Well, Alicia, if you're trying to leverage this to get a better deal No.
I can't, uh I'm a little under the weather.
Let's talk when I'm feeling better.
Well, Alicia, can Mom, are you okay? Yeah, you want us to get you a NyQuil or something? I don't know.
I'll get you a NyQuil.
- Could you make her tea? - Yeah.
Well, very good.
You know, this job is like building track in front of a bullet train.
You ready? Yeah, absolutely.
I'm sorry to drag you through this.
Yeah, no problem.
So I went back through the Grant files, and I found a bunch of e-mails about the professor, Delaney, rejecting him as a suspect.
Uh, when was this? - October.
- Okay.
Good.
Uh, e-mails between you and Geneva? No, between you and me.
Really? Yeah.
I guess you thought Professor Delaney's alibi was a little bit dodgy, but then Jeffrey Grant's name popped up and all those concerns just disappeared, so I'll have to go through my records.
Yeah.
That's a good idea.
You know what we're trying to do here, Finn? We're trying to bring something to Chicago that it's never seen.
A state's attorney's office that is fair.
Fair in prosecution, investigation and sentencing.
That's why I'm here.
Good.
One of these days, I'm gonna need your help.
- With - If I don't get elected next year, this office will go right back to what it was.
Yeah, okay.
I'll talk to you.
To what do I owe the pleasure? - What's this? - It's a copy of a retainer agreement for a new client that Diane just signed.
And she thinks this will save her? I think she does.
William Donnelly? Yeah.
The Donnelly family has one of the big import-export businesses in your old neighborhood.
Diane really wanted to represent them, so she offered them a discount to come aboard.
She Come-come on board here? Mm-hmm.
Lockhart/Gardner.
Our newest client.
She can't.
It's done.
A copy of the retainer agreement is already in the mail to a friend of yours.
Liam Gerraghty? His organization has had quite a few disagreements with Mr.
Donnelly over the years, all of which have been sorted with some struggle.
I wonder how Mr.
Gerraghty will view your firm representing his competition.
So how did you find out about me and the Gerraghtys? The copy was sent by express mail, by the way.
So unless you fancy explaining yourself, you have about 18 hours to quit the firm.
Good-bye, Damian.
People just think there are black hats and white hats, but there are black hats with white linings.
White hats with black linings.
And there are hats that change back and forth between white and black.
And there are striped hats.
Hey, Mom? - Evil rests in the soul of all men.
- Hey.
Do you want some dinner? I'm all right.
You sure? You should probably just eat something.
I will later.
And there is nothing you can do but curse God.
Thank you both for agreeing to sit down.
Make it quick.
I have work to do.
Um, where's Alicia? Oh, she asked me to step in for her.
We're prepared to compromise on the divorce settlement.
We're not.
David, both our clients have been bloodied here, and there's no way to predict which way the judge will go.
Professor Mercer will honor the terms of the postnup regarding child support and alimony.
In return, our client will grant him a swift and uncontested divorce so he can remarry.
It's a win-win.
Here's my counter.
No proceeds for the book, no alimony, massive reduction in child support, or you can get the hell out of here.
Your proposal is accepted, Cary.
Diane, a word? I don't know what you think you're doing.
I'm making an executive decision.
I'm the ranking partner here.
Not for long.
I have the votes.
You had them.
You just lost one.
What? You lost one vote.
You'll have a hard time finding your friend Damian for tomorrow's partner meeting or any other one.
You think I'm bluffing, hmm? Go.
Check.
You make a deal with Alicia, - half the partners will rebel.
- I make a deal with Alicia and bring Chumhum back into the tent, half the partners will be too busy counting their bonus money.
You're no Will Gardner, Diane.
You'll only hurt yourself trying to be.
Well, then fasten your seat belts.
We're heading for a lot of hurt.
Pigs in mud, that's all we are.
Sorry to bother you.
I just need to ask a question.
I'm a client of your mom's.
Oh, I'm sorry.
She's really sick right now.
Grace, it's okay.
Thank you.
Hey.
You okay? I'm so sorry.
There's no excuse for missing your meeting.
No, no, please.
If you're sick, you're sick.
I should've called.
No, it's okay.
I just need to know, - should I be hiring another lawyer? - No, no.
I I just I needed a day.
I just needed to sort through a few things.
I'll be well.
Will really mattered to you.
Yes.
Look, um, uh My wife and I lost a child in a miscarriage.
It doesn't get solved quickly, and you can't just shake it off.
So, if there's anything I can do Thanks.
I mean, I know people always say that, but, um, I mean it.
I know you do.
All right.
I'll see you soon.
Hello.
Hi.
I'm Finn Polmar.
Huh.
I'm Peter Florrick.
Yes, the governor, I know.
I voted for you.
That's good to know.
Uh, your wife was just helping me with a case.
Well, then you're in great hands.
Yeah.
Yeah.
You okay? I really wish everyone would stop asking me that.
I'm fine.
Oh.
You missed the Founders' Dinner.
I just was worried about you.
Sorry.
I don't often ask you to come to these, uh, political events.
I'll go to the next one.
Alicia, the way you're handling this Will thing I'm doing my best.
Oh, well, if this is your best, then I think we need to talk.
Look, you lost a friend.
You didn't lose your child.
You didn't lose your husband.
I lost my husband a long time ago.
Oh, my You cannot go back there.
I don't have to.
I'm still living it every day.
Oh, my God.
How many times do I have to tell you? When I cheated, it didn't mean anything.
Well, then that was a waste, because when I cheated, it did! Well, I can't compete with a dead man, but if you think your life would've been better with Will, you are kidding yourself.
- Stop it, Peter! - No, I'm not gonna let you throw away this marriage because you have some idealized notion of a man who you're not even sure cared about you! You're a bastard.
And you're a selfish bitch, but you know what?! We're all that we have.
No.
Not anymore.
Don't worry.
I'm not gonna divorce you.
You're too valuable to me professionally, just like I am to you.
But we're not gonna see each other anymore.
Not unless we have to.
If you need me at a political event, you call the office.
My assistant will put it on my calendar.
- Really? - I'm not finished.
You are free to see and sleep with whomever you like, but I don't want to know, and under no circumstances are our children to know.
Understood? Is this because you want to sleep with someone else? Get out of my house, Peter.
Get This is David Lee at Lockhart/Gardner.
Do you have a minute? Uh-huh.
What do you think about a merger? What do I think? I think that sounds interesting.