311. "Split Decisions"

----------------

Original Airdate, Sunday January 3rd, 1999

Written by: David E. Kelley

Directed by: Michael Schultz



-------------------- Disclaimer --------------------

I do not own the characters in this story, nor do I own any rights to
the television show `The Practice'. They were created by David E.
Kelley and belong to him and David E. Kelley Productions. This is not
a novelization or a script: it is a straightforward and dry
transcript of the episode `Split Decisions'. This transcript includes
descriptions of the settings and camera movements where I felt they
were needed. I made every effort possible to accurately transcribe
the dialogues in this episode. However, there were lines that I
missed; so if you want to give me feedback, provide the lines for
scenes I could not transcribe or notice anything that has been
transcribed incorrectly, please let me know at f8iepie@..., and
I will gladly post an update. Feedback is also greatly appreciated.
This transcript was written by f8.



------------------Prologue----------------------

Ellenor and a man (a prospective client) are talking in the
conference room.

Man: Basically, we're being victimized by the David versus Goliath
syndrome. Poor dying man with emphysema, going up against giant
asbestos corporation…

Ellenor: Well, that's pretty much how it is, isn't it?

Man: Yes, but we've decided to fight David, with, well, David.
Putting it more directly, we want great lawyers who don't look
corporate, or affluent. Your firm, particularly you, come highly
recommended.

Ellenor: Well, that's nice to hear.

Man: We'd be looking for you to handle litigation in Massachusetts,
state and federal. There are three different class-actions currently
pending, all in discovery. We probably want you to take over,
assuming we can work out the transition. It would probably mean your
having to hire on, but we're not opposed to the idea of supervising
other firms.

Ellenor: Well, I'd have to discuss this with my partners before I
could even consider it.

Man: Of course. Why don't you do that and get back to me.

(He stands up, so does Ellenor.)

Ellenor: Great.

Man: Thank you for seeing me.

(They shake hands)

Ellenor: Thank you.

(She walks him to the door, lets him out and looks after him with a
dreamy look on her face. Lucy comes in before she can close the door.)

Lucy: Who was that guy?

Ellenor: (still with that dreamy look) Potential new business.

Lucy: Why do you look so white? Is it a lot of new business?

Ellenor: You could say that.

Lucy: Suppose you say it.

Ellenor: Maybe, two million a year or so.

Lucy: I had a feeling about 1999. We're going into the millenium rich.

-----------------Opening Credits------------------

In Bobby's office.

Bobby: Seaboard Limited?

Ellenor: Yes.

Bobby: We couldn't possibly have the manpower…

Ellenor: They already know that. They said we could either hire on,
or supervise other firms to do the work.

Bobby: Why us?

Ellenor: They've got this new underdog litigation strategy, and they
think I'm the poster lawyer for it. They were asking about Jimmy too.
I think his beating Silva has caught their eye because Silva has
beaten them.

Bobby: That kind of client changes a firm, I'm not sure I'm ready to…

Ellenor: This kind of client builds a firm. If we are serious about
expanding in the future…

Bobby: Let's call a partners meeting and discuss it.

Ellenor: Great.

Cut to county jail where Eugene walks in.

Eugene: (to a guard) Jerry Green.

Jail warden: (cutting in) Second cell on the left.

(He walks with Eugene and opens a door for him. Eugene proceeds
inside and stops at the indicated cell. Inside he sees a man wearing
a blue dress with high heels. Eugene doesn't recognize the guy at
first, then realization dawns on him.)

Eugene: Jerry??

Jerry Green: I think I'm in some trouble, Eugene. (Note: I'm not too
sure if these were the exact words, but this is how I understood him.)

Jail warden: Going in or not?

Eugene: Yeah.

(Warden opens the cell and Eugene steps inside. Jerry stands up, and
Eugene looks him up and down.)

Jerry: What am I gonna do?

Eugene: Jerry…uh…ah…

Jerry: When my kids find out…

Eugene: First let's get you through the arraignment.

Jerry: Can I go to jail on this?

Eugene: Well, yes.

(Jerry starts sobbing)

Eugene: Is this your first offense?

Jerry: (nodding) Yes.

Eugene: Okay. The arraignment is about, twenty minutes, and we'll go
from there.

------Cut to Courtroom------

Clerk: 32712, Commonwealth versus EJ Green, solicitation, sexual
conduct for a fee.

Eugene: Eugene Young, waive reading your Honor, plead not guilty, ask
for personal.

Helen: We'd be asking for some bail.

Eugene: My client is a respected stockbroker, he's a partner in
Mosley-Bruner (sp?), he's got strong roots in the community…

Judge Rodney White: Twenty-five bond, thousand cash. Trial date…?

Helen: Your Honor, I think we can dispose of this…

Judge: Fine, call the next case please…

Eugene: (to Jerry) We'll post you bond, get you out.

Jerry: What's with the "EJ"?

Eugene: I know the clerk. We put your middle name first, then we
entered it with just initials. (to Helen) So, what's the deal?

Helen: You caught a break. The john was caught with Carr (sp?).

Eugene: Guy running for DA?

Helen: Running for DA against my boss. In exchange for a colorful
testimony, we'll let him go.

Eugene: And by colorful, you mean…?

Helen: Colorful enough to kill a political career.

Eugene: Ah-hah…

Helen: Probable cause hearing is tomorrow. If we get the job done
there, he gets immunity.

Eugene: Do me a favor. If his address in on the record, could you
wipe it out(??)? Um, we wanna keep his identity a secret best we can,
he got kids.

Helen: I'll try.

-----Cut to a room where Rebecca and Lucy are watching a newscast.----
---

Michelle Reichert, a news reporter on TV: Reportedly Gilbert Carr has
denied all charges at this point, though there's no indication that
sex with a prostitute will affect his popularity.

Lucy: You see how their eyes light up?

Rebecca: Who?

Lucy: The reporters. Their eyes light up when they talk about this
case. You don't see their eyes twinkle when they give you the weather.

Rebecca: Yeah.

Lucy: (looking strangely at Rebecca) Are you a lesbian?

Rebecca: Excuse me?

Lucy: It's really none of my business, but, I always become kinda
close with co-workers eventually, and you know, I figure, why
wait `til we get close when I can ask now? The answer to which could
bring us closer. Kinda like speeds our friendship. Are you one?

Rebecca: No, are you?

Lucy: No, but I wouldn't be ashamed if I were.

(Rebecca looks at her angrily.)

Lucy: You can get back to me on that. (she leaves the room)

------Cut to the conference room where all the partners are coming in
for the meeting. They sit down.-----

Ellenor: Where's Eugene?

Rebecca: Down at court. He said start without him.

Ellenor: Okay. I think we're all up to speed. The big question is,
should we hire and build a litigation department internally, which
businesswise makes the most sense, or do we wanna hire outside firms
and supervise, which may make the most practical sense but it means,
fee splitting. My recommendation is that we start out that way, and
then we expand internally so eventually we can do all the work in
house.

(in the middle of all this, Bobby and Lindsay look at each other.)

Bobby: My recommendation is that we don't take this client at all.
(Lindsay nods.)

Ellenor: Excuse me?

Bobby: Ellenor, it's asbestos defense work!

Ellenor: So?

Bobby: So, do we really wanna do that? I mean this company killed a
lot of innocent people, I'm not crazy about representing them…

Ellenor: You're kidding me right?

Bobby: No, I'm not kidding.

Ellenor: We represent murderers, why would we…

Bobby: Not to keep them in business as murderers…

Ellenors: Oh, please…

Rebecca: I have to admit, Ellenor, I…

Ellenor: Okay, wait a minute, just hold on. We are not talking about
corporate criminals here. Asbestos is not like cigarette companies
who knowingly put out products that kill. Nobody knew this stuff was
dangerous when it was first installed…

Lindsay: That's debatable. But even so we all know the defense
strategy they employ, delay, delay, delay, `til one of the weasels
either stops breathing, or they settle for ten cents of a dollar `cos
they're about to stop breathing.

Ellenor: You don't know that!

Lindsay: Hello??

Bobby: Come on, Ellenor, they still contest liability!

Ellenor: (her voice gets higher) So do all our clients. Even the ones
who shoot people five times. (she looks at Lindsay pointedly)

Lindsay: (retorting) And the ones who cut off people's heads.

Bobby: Hey!

(Lindsay looks at Bobby like, where did that come from)

Ellenor: Do you know how much money we're talking about?

Lindsay: Problem is, it would consume us. This is massive product
liability, we'd completely dominate…

Ellenor: I don't get this Lindsay. You're the one who wants to shift
into civil away from criminal. This is your dream client…

Lindsay: Not asbestos.

Ellenor: Okay, wait a second here. Have we suddenly adopted a moral
criteria for accepting new business because if so, nobody told me.

Lindsay: Don't get snide…

Ellenor: I will get snide!

Lindsay: The company has killed people!

Ellenor: The only difference between them and half our other clients
is that this one didn't intend to kill anybody, and they're willing
to pay us twenty times the amount to defend them!

Bobby: There's now way we could manage this! It's…

Ellenor: Is that the issue? Whether or not we could manage this?
Because that is different from the morality objection. The management
Issue doesn't fall under hypocrisy (looks at Lindsay).

Lindsay: Hey, bite me.

Rebecca: Alright!

Bobby: Look, I think we should have a full partnership meeting, with
Eugene, there's a lot to consider here.

Ellenor: This is a no-brainer! What is stopping you?

Lindsay: Some of us have brains.

Ellenor: Excuse me??

Bobby: Come on! Let's just table it for now, we'll talk about it
later.

(Ellenor looks at each one of them, then stomps out the room. Lindsay
shakes her head.)

------Shots of Boston buildings are shown. Then we hear a doorbell
chime. We see that it is nighttime and Lindsay and Helen are in their
apartment. Helen hands Lindsay a mug then walks over to the door,
opening it. -----

Helen's boss, Scott: Helen, hey.

Helen: Scott.

Scott: Can I come in a second? (he goes inside)

Helen: (closing the door) Somebody dead?

Scott: I just came by to see your new place.

Helen: Right.

Scott: (looking around) Nice. (turning to Helen) The Gilbert Carr
case…

Helen: (as Lindsay gets up) Scott, I'm not sure if you've met Lindsay
Dole from Donnell, Young, Dole and Frutt, Eugene Young's firm, the
lawyer repping Jerry Green.

Scott: Oh, hi.

(Lindsay shakes his hand)

Lindsay: Well, if that isn't a hint to beat it…I'll be in my room.
(she walks away)

Scott: I'm a little embarrassed to be making this call, but primaries
are a ways off…but…

Helen: But what?

Scott: It's important that people remember Gilbert Carr's little,
incident.

Helen: Oh, okay…uh, you're here to ask me to do something disgusting
for political gain. Alright, let's hear it.

Scott: You can't just establish probable cause and sit, you gotta get
out some of the graphic details.

Helen: You want me to Kenneth Starr Jerry Green.

Scott: In which case we drop on him. It's in his own interest.

Helen: Yes, how lucky that he has you.

Scott: Like I said, I don't enjoy coming here to tell you…

Helen: But here you are…Um, could you excuse me? I need to shower.
(She opens the door and lets him out. As she closes the door she
looks extremely disgusted.)

------Commercial------

DYD&F offices. Rebecca is seated at a desk while Lucy walks over to
the filing cabinet and gets out some files. Rebecca is looking at her.

Lucy: You're looking at me. Mine zipped?

Rebecca: (uncomfortably) Why did you ask me if I was, you know, a
lesbian.

(Lucy stops doing what she's doing and faces her.)

Lucy: Truth?

Rebecca: (sarcastically) No Lucy, lie. You can tell the truth when
we're close.

Lucy: I was just curious. You got no guy in your life with a rump
like yours. (Rebecca shifts in her chair) Plus, the crop-cut butchy-
doo hair, I mean it looks good, but…

Rebecca: (touching her hair) I have… butchy-doo hair…

Lucy: (sighing) It was just a question, Rebecca. Hey, some of my best
friends are lesbians. Today it's almost the thing to be.

Rebecca: Well I'm not one, thank you very much.

Lucy: You don't have to deny it on principle.

(Rebecca looks at her incredulously. Meanwhile, the phone rings just
as Lindsay enters the office.)

Lucy: Donnell, Young and Frutt.

Lindsay: …and Dole. (Lucy smiles apologetically)

Ellenor: Yes, Dole, that name's been moving up around here.

Lindsay: Excuse me?

Ellenor: Never mind.

Lindsay: No, forget never mind, what's that supposed to mean?

Lucy: (excitedly to Rebecca) They're gonna fight again…

Ellenor and Lindsay, together: Lucy…

(Lucy looks down)

Lindsay: What's your problem Ellenor?

Ellenor: My problem?

(Rebecca stands up)

Lindsay: Yes, your problem. Besides me, do you have a legitimate
problem?

Rebecca: (standing between them) Alright, cut it out! You guys are
both acting like kids. Cut it out!!

(Bobby enters the office and they all look at him)

Bobby: What's wrong?

(Camera focuses on Lindsay, Ellenor, Lucy, nobody says anything.
Bobby walks to his office and everybody else settles down.)

------Cut to Eugene's office.------

Jerry Green: In open court?

Eugene: Yes.

Jerry: It'll be public record.

Eugene: It's public record now. Jerry, if we don't agree, you could
go to trial yourself and you could get convicted. (Jerry sighs.) Now,
what they're offering, you have a clean slate at the end of the day.

Jerry: And they'll conceal my name.

Eugene: First and middle initials is the best we can do. Uh, you
could testify in, incognito.

Jerry: You mean, incognito, like I was arrested, incognito.

Eugene: Let's not kid ourselves. The likelihood is, this is gonna get
out.

Jerry: Oh no…(he stands up)

Eugene: But, but maybe there's a chance, you know, I mean, I didn't
recognize you in the cell and I've known you twenty years!

Jerry: (disbelievingly) Testify in drag.

Eugene: (standing up) I'm not saying that it's the right way to go…
but…I dunno…(pause)

Jerry: You haven't even asked me if…

Eugene: I don't need to know.

Jerry: I need you to know.

Eugene: Okay. (he sits back down)

Jerry: I like wearing the clothes. Goin' out, wearing the clothes,
but I am not gay, and I have never…I would just, just go out, wear
the clothes. I-I've never performed a sexual act on a man, I've never
solicited anybody…I am not a male prostitute.

Eugene: Then why did you go in a room with Gilbert Carr?

Jerry: He came up to me, said he wanted to look at me…while he um…
said he wanted me to talk to him, but I wouldn't have to touch him or
anything…I dunno why I said yes, I dunno…I like…I like wearing the
clothes…I…I'm not a male hooker.

Eugene: I think we should cut the deal.

Jerry: First I uh…I gotta talk to my wife. ( he walks out of the room)

------Cut to the conference room where the partners are once again
discussing the asbestos client.------

Ellenor: When you defend a cigarette company, you help them to go on
making them. On principle, I would never do that, I totally get it.
But with asbestos (Eugene comes in, sits down) they're not still
putting that stuff out there, its representing somebody for something
they did in the past. It's exactly what we do with our criminal cases.

Bobby: Yes, with a couple of very big exceptions. First, in criminal
cases, you're not just defending a client, you're playing a role in
the system, you're safeguarding the Constitution…

Ellenor: Okay, this is a brand new conference table, please don't
make me puke on it.

Bobby: (angrily) Are you the only one who gets to talk? There is a
principle at work in criminal law, I know you know that. There's no
such purpose going on in asbestos defense work.

Lindsay: And the defense itself victimizes people, its stall tactics
against people who have suffered real injuries.

Ellenor: That's true in any defense work. Every product-liability
defense is drag and stall, we are right back to hypocrisy. (looks at
everybody) Are we ready to declare right now that we will never
represent defendants in product-liability cases?

Eugene: You really wanna be an asbestos lawyer?

Ellenor: This is one client, a very big paying client, that maybe
will help subsidize us is defending more of our worthy causes.

Lindsay: Now you sound like a congressman.

Ellenor: Lindsay…

Rebecca: Alright, we've hatched this out long enough, why don't we
vote.

Ellenor: Hold on, I think everybody's biggest worry is that this work
will consume us. So here's the trade-off: we take the client and I
will farm out all of the work to other firms.

Eugene: But you're the one they wanna try the cases…isn't that the
point?

Ellenor: I can supervise all of the discovery and then we get to fee-
split. See, none of you will even have to look at a file. (pause) All
in favor. (she raises her hand)

Eugene: I guess I can go with that. (he raises his hand)

Rebecca: All right. (she raises her hand)

Bobby: Against? (he raises his hand, so does Lindsay.) That's three
to three, I decide tie-breakers, we reject the client.

(there's an uncomfortable pause)

Ellenor: One of the things about being partner is you get to bring in
new clients.

Bobby: Subject to a partnership vote.

(Lucy opens the door)

Lucy: Eugene, Gilbert Carr's lawyer is here. He wants to talk. I
showed him into your office.

------Cut to Eugene's office------

Lawyer: I was hoping, in addition to introducing myself, we might
agree to coordinate our respective defenses…

Eugene: Let me stop you. We've been approached by the DA, this seems
to be an occasion where they'd like the jane to flip the john, so…

Lawyer: That would be politics.

Eugene: This I know, but since the politics run in my client's favor…

Lawyer: I won't presume to tell you what to do, but what happened in
that room, the police can't prove.

Eugene: They were followed up, six hundred bucks on the table, and
your client had his pants down.

Lawyer: None of which constitutes a crime. They can't get a
conviction without the cooperation of one of the defendants.

Eugene: This may be true, but why risk it, we're being offered
immunity.

Lawyer: Immunity from criminal prosecution. The court of public
opinion might be less forgiving.

Eugene: Meaning?

Lawyer: Gilbert Carr's running for district attorney. A prosecution
against him comes with a big microscope, anybody who falls under it…

Eugene: (looking annoyed) Is that a threat?

Lawyer: All I'm saying is, there's no need to turn this into a
spectacle. I believe in time I can make the whole matter dissipate.
But if your client takes the stand this afternoon at the probable
cause hearing, I'm sure you can appreciate that I have no choice but
to use my best efforts to discredit him.

Eugene: What are you going to do? Get him to admit on the stand that
instead of your basic transvestite, he's actually a respected
stockbroker? That won't discredit him, if anything it makes him more
believable.

Lawyer: I could ask him his real name.

Eugene: (walking up to him) Let me do you a favor and tell you
something about Jerry Green. He's a decent guy and as of right now he
has no real interest in hurting your client. But cross him, sexual
proclivities aside, he's one of the most principled people I know.
And extortion isn't something he'd warm up to.

Lawyer: Do you know the stakes here, counsel?

Eugene: Do me a favor, Mr. Cavrin (sp?). When the DA passes the
witness, don't get up. (He goes to the door and opens it.)

Lawyer: I will get up, Mr. Young. (he walks toward the door)

Eugene: You hurt my client, I'll bury yours.

(Carr's lawyer gets out, Eugene closes the door.)

------Commercial------

(Note: I missed a few lines here, I was a little late in taping,
sorry!!)

Rebecca enters Bobby's office.

Rebecca: Bobby, that vote. You getting two votes, okay, but you
getting tiebreakers…

Bobby: It's in the partnership agreement, Rebecca.

Rebecca: Maybe so, but this alliance with Lindsay isn't.

(Bobby stops in surprise and looks at her.)

Bobby: What?

Rebecca: You two being a couple, I think it's great. But it also sets
up kind of a power base…

Bobby: Lindsay's free to vote her way, and I'll vote mine.

Rebecca: Well then maybe the problem is a perceived one, but it's
still a problem. With Eugene as well as Ellenor.

Bobby: And you?

Rebecca: Bobby, uh…I'm just telling you `cos I think you should know
what's going on.

Bobby: Okay, thanks.

(Bobby turns to leave.)

Rebecca: Um, can I ask you something? I mean, um, I know you have to
rush off, but, ah…

(Bobby stops)

Bobby: What's wrong?

Rebecca: Well, nothing, it just, uh…do people think I'm gay?

Bobby: Excuse me?

Rebecca: Uh, Lucy wondered if I'm a lesbian, because of my haircut,
and how I dress, I dunno…

Bobby: And you took her seriously.

Rebecca: No, but well, I started thinking, you know, I can't remember
the last time when a guy asked me out, any guy asked me out, and…I
mean know I'd be beautiful, but am I bad, am I bad??

Bobby: Rebecca, you are beautiful, are you kidding me?

Rebecca: Do I look like a butcher or something?

Bobby: Rebecca…

Rebecca: Then how come I don't get asked out?

Bobby: Because you never leave this place, that's why. Listen, can we
talk about this later? (he inches towards the door)

Rebecca: Oh no, forget about it…

Bobby: No, I won't forget it. We'll talk later?

Rebecca: Yes, yes.. (muttering to herself) boy oh boy…

------Cut to Helen's office.------

Helen: (astonishingly) He's gonna go drag?

Eugene: Well, anything to reduce the chance of him getting recognized.

Helen: Eugene, I'm willing to go initials, and no address and all,
but come on, let's face it. The whole idea from our side is publicity!

Eugene: To embarrass Carr, not Jerry.

Helen: Even so, I mean, are you being realistic about preserving this
guy's identity? (she walks to the door)

Eugene: Maybe not!

Helen: (after a pause) How long you known him?

Eugene: We played high school ball together. He's a good man. He
really is.

Helen: I'll try to keep it short.

------Cut to Eugene coming out of an elevator. As he does he sees a
woman whose back is to him.------

Eugene: Susan?

Susan Green, Jerry Green's wife: Hey, Eugene.

Eugene: I'm sorry.

Susan: Where is he? He said he'd be coming in with you.

Eugene: We brought him back. With any luck, we might be able to
preserve his real identity. (moving closer, quietly) It may not be
smart for you to be in the room, somebody might…

Susan: (loudly) I'll be in the room! (in a calmer voice) I'll stay in
the back.

Eugene: I am sorry.

(Susan nods slightly.)

------Scene shifts to Helen at the drinking fountain----

Scott: Ready to go on this?

Helen: I am not gonna dog and pony him, Scott.

Scott: Helen. Gilbert Carr engaged in prostitution. He broke the law.
Just be a vigilant district attorney, you don't have to distract
yourself with the idea, what would happen should he win this election
and decide to clean house.

Helen: I'll prosecute this man because like you say he broke the law.

Scott. That's all I ask.

------Commercial------

Cut to a room in the courthouse.

Jerry Green: So I'm not gonna testify in drag?

Eugene: I'm suddenly thinking it will create interest in your
identity. Plus…

Jerry: Plus what?

Eugene: Gilbert Carr's lawyer could come after you. Probable-cause
hearings, defense attorneys usually hold back. But he might not.

Susan Green: Can't you stop him?

Eugene: Well, Jerry's a witness in there, he's not on trial. Which
means you don't get counsel. Which means I can't protect you.

Jerry: What about the district attorney, she can protect me, right?

Eugene: Well…

Jerry: Eugene, I'm getting a bad feeling here.

Eugene: Look, Helen Gamble is a friend. But my firm has torpedoed her
a few times. Now, I think she'll be sympathetic to us in there, but,
I guess what I'm saying is she doesn't owe us any favors.

Jerry: This is gonna be all over the news, isn't it…my kids, people
at work…

Eugene: Look, I can't promise that it won't be.

Susan: Why don't we just kill the deal.

Eugene: `Cos I don't think it'll solve anything. At least this way
you don't get prosecuted yourself.

(Susan stands up and begins to leave the room)

Jerry: Honey…(he follows her to the door)

(Susan stops and faces him)

Jerry: Honey, I'm sorry, I just…

(Susan slaps him hard and leaves the room, closing the door behind
her.)

------Cut to the DYD&F Offices------

Picture this: Lindsay and Ellenor are in the office. Lindsay is
looking at a file while Ellenor has just gotten a folder from the
filing cabinet. As they walk back to their respective desks they
almost bump into each other, stopping only inches short of each
other. They walk on-- Lindsay gives a file to Lucy, while Ellenor
drops her folder on the desk, looking extremely annoyed. She
backtracks, so does Lindsay, and this time they bump hard into each
other. Both roll their eyes and step back.

Ellenor: Sorry.

Lindsay: Right. (camera shifts to Jimmy and Rebecca in the library
looking at the two of them)

Ellenor: Excuse me?

Lindsay: I have been.

Ellenor: You have been what?

Lindsay: Excusing you.

Ellenor: (moving closer) You know, maybe we should go into the
conference room and discuss a few things.

Lindsay: Maybe we should.

Lucy: I can take some minutes.

Ellenor and Lindsay, together: QUIET.

(They look at Jimmy and Rebecca, who both look down quickly at their
work.)

Ellenor: (to Lucy) Keep everybody else out, can you do that? (she
opens the door to the conference room) After you. (Lindsay walks in,
Ellenor follows)

Ellenor: You see this here? (she bangs her hands on the conference
table) Do you know what this is Lindsay?

Lindsay: A table.

Ellenor: It's not just a table. It's a piece of across-the-street--
the high-rise firms with the big clients and the libraries and the
computers…

Lindsay: (sarcastically) Clients who don't kill people…

Ellenor: (voice rising) It is a piece of across-the-street that you
have been chasing. Bobby, I knew his vote. He is some kind of
successful --- (unintelligible) because none of us will ever
understand, but you?? This new client is exactly our ticket to
admission to the other world that you want! And by you turning to
vote it down tells me that you are either more concerned with your
own success than that of the firm's, or you are suddenly under the
influence of Bobby's bedcovers! Either way, I have got a big problem!

Lindsay: Are you done?

Ellenor: For now.

Lindsay: First of all, this table (gestures) never represented a
world where we represent…

Ellenor: That isn't what…

Lindsay: You said you were done.

Ellenor: That has nothing to do with this client!

Lindsay: You said you were done.

Ellenor: You just don't like the idea of anyone besides you bringing
in a blue-chip…

Lindsay: It is about the client!

(There is a brief camera shift to Lucy outside the door, listening,
while Jimmy and Rebecca look on.)

Ellenor: We don't have to do it forever!

Lindsay: It's not who we are, it's not who you are, unless you're
under some new influence…

Ellenor: Oh please, don't tell me who I am…

Lindsay: Are you somebody who wants to cross-examine widows everyday
saying hey, maybe your husband had the flu?

Ellenor: You have never even tried one of these cases before…

Lindsay: (simultaneously with Ellenor) Everyday your job will be to
wear them down…

(Their voices get louder and louder…Lindsay says something about the
issue not being about her and Bobby, Ellenor says that doesn't want
to live up to Lindsay Dole's moral standards and that the day she
does that will be the day she walks out of the office. Then, the door
opens.)

Bobby: HEY!

Lucy: I tried keeping them out, honest.

Bobby: Ellenor, in my office.

Ellenor: Oh, go to HELL!

(she stomps out of the room)

Lucy: That was rude.

------Cut to the courtroom------

Helen begins her cross examination of Jerry Green.

Helen: Sir, calling your attention to the evening of January 1st,
1999, did you encounter anybody sitting in this courtroom?

Jerry Green: The defendant. (points at him)

Helen: The record will reflect the witness has indicated Mr. Gilbert
Carr. Could you describe that encounter?

Jerry: I was walking on Columbus Avenue about ten-thirty, and he
pulled up in his car and invited me to get in.

Helen: You were dressed as a woman.

Jerry: Yes.

Helen: And when he invited you in his car, you got in.

Jerry: Not at first, but eventually I got in and we drove to an
apartment, went inside.

Helen: And when you got inside, what happened then?

Jerry: He removed his trousers and his underwear, he said he just
wanted look at me for a minute, which he did. Then he asked me to
serve my country.

Helen: Serve your country.

Jerry: He wanted me to sing the National Anthem while he sexually
gratified himself.

Helen: Did he give you money to do this?

Jerry: He put six hundred dollars on the table.

Helen: Did you do what he asked?

Jerry: (nodding) Yes.

Helen: And while you sang did he in fact sexually gratify himself?

Jerry: (nodding) Yes.

Helen: Sir, could you stand up and show us how you were standing
while you sang?

Carr's lawyer: (standing up) Objection.

Helen: I apologize, your Honor, but I'm sure Mr. Cavrin (sp?) will
try to convince us that his client simply hired Mr. Green to do a
musical number.

Judge White: Step out, Mr. Green.

(A murmur issues from the court, and Jerry looks uncomfortable. He
steps out and faces Helen. All throughout the cross the camera shifts
from Eugene to Susan Green to Helen and to Jerry Green, occasionally
also to Gilbert Carr as well as Judge White.)

Helen: If I'm Gilbert Carr, where were you standing?

Jerry: Right about here.

Helen: And could you sing for us the way you sang for Mr. Carr.

(Jerry looks at her like, what are you doing)

Helen: I'm sorry Mr. Green, but we have to get an idea of what we're
talking about here. Just a few bars, your Honor.

Judge White: The witness will sing as he did that evening.

Helen: Mr. Green.

Jerry: (in a shaky voice, and after a long pause) O say, can you see?
By the dawn's early light…

(suddenly Eugene gets up)

Eugene: (walking up to the judge) Objection, I am this man's lawyer,
I object to this.

Helen: This man is not represented by counsel for the purpose of this
hearing.

Eugene: He is now, he cut a deal with the state, I'd advise him right
now to withdraw.

Helen: (facing him) It's a little late!

Eugene: (facing her) I'm still doing it Helen!

Judge White: All right. I'm gonna sustain Mr. Young's objection. This
isn't necessary. Mr. Young please sit down. (Eugene continues to look
angrily at Helen.) Mr. Young, take a seat! (Jerry nods slightly at
Eugene, so he sits back)

Helen: I'm sorry, Mr. Green. I have nothing further, your Honor.

Carr's lawyer: Did you ever touch my client?

Jerry: No.

Carr's lawyer: My client ever touch you?

Jerry: No.

Carr's lawyer: Thank you. That's all.

------Cut to Helen's office. She removes her blazer as she goes
inside, shaking her head. Eugene storms in.------

Eugene: What the hell was that?

Helen: I had to paint a picture, Eugene.

Eugene: Paint a picture, that was more than painting a damn picture.

Helen: Hey…

Eugene: You made him sing the National Anthem in front of a roomful
of people…

Helen: (voice rising) I buried his name and his address, I stayed
away from anything personal…

Eugene: That was personal!

Helen: What was?

Eugene: (shouting) You stood him up there to get laughed at, and now
whether anybody finds out his real name or not, he has to deal with
what just happened in courtroom, and don't tell me it didn't feel
personal!

Helen: Eugene, I did what I had to do, what I told you I would...

Eugene: (angrily) Oh yeah, you were just following orders Helen…good
for you…I mean you're a real team player.

Helen: (after a heavy pause) Get out before I call security.

(Eugene gets out, looking extremely upset as he slams the door behind
him. Helen sits down in her chair, looking upset too.)

-------Cut to the DYD&F offices------

Jimmy and Rebecca are talking.

Jimmy: Truth is, right now, I'm kinda glad not be partner.

Rebecca: I know what you mean. Ever since…

(She trails off as Ellenor enters the office, and they both look at
her.)

Ellenor: What?

Jimmy: Nothing (…and simultaneously with Rebecca…)

Rebecca: Just talking.

Ellenor: About what?

Jimmy: Stock market. (…and again, with Rebecca…)

Rebecca:

(Ellenor shakes her head then walks over to her desk. As she's about
to sit down she sees a medical bag near her chair. She looks stunned.)

Ellenor: Where'd this come from?

Jimmy: What?

Ellenor: There's a medical bag on the floor right here.

Rebecca: Ha, ha.

Ellenor: No ha, ha, it's right here…how'd this get here?

Lucy: (walking over to her desk) I dunno, we didn't get any
deliveries…

Jimmy: C'mon, this is joke. Who did this?

Lucy: It's not even his bag.

Ellenor: Well, it looks close enough. Open it.

Lucy: You open it, he's your client.

Jimmy: He couldn't have gotten another date so fast.

Ellenor: Funny.

Rebecca: (looking scared) Ellenor, open it.

(Ellenor looks resigned. She gets the bag and drops it on her desk.
Rebecca looks terrified now. She opens the bag, and out comes…
something that looks like a balloon with a head of painted on it.
Everyone screams except for Lucy. She laughs out loud and they all
look at her.)

Lucy: Gotcha good, didn't I?

(All of a sudden Ellenor lunges with her left arm at Lucy, trying to
hit her. Lucy ducks, and out comes Bobby.)

Jimmy: Hey!

Bobby: Ellenor!

Lucy: It was a joke, for God's sakes! (Jimmy restrains Ellenor, she
pulls away.)

Ellenor: Everybody GO TO HELL! (she walks out)

Lucy: When did she get so rude?

------Commercial------

Helen's office. Scott, her boss, passes by.

Scott: Judge ruled yet?

Helen: Ten o'clock.

Scott: Pretty good splash, huh?

Helen: (looking down) Everything we wanted.

(After Scott leaves she looks mildly disgusted.)

------Eugene's office. We see the headline of a newspaper showing the
man/woman pictures of Jerry Green------

Eugene: I'm sorry.

Jerry: You did all you could.

Eugene: You talk to people at work?

Jerry: Not yet.

Eugene: Uh, I feel like I let you down, Jerry.

Jerry: I'm the one who put on those clothes and went out there, don't
feel sorry for me Eugene. I did this to myself. (he sighs) I feel
sorry for my kids…

Eugene: Your kids will stand by you. First…we gotta get you some
help. Your kids, Susan, me…we'll all be here for you.

(Jerry looks at Eugene...gratefully, if you ask me.)

------Cut to Bobby's office where Lucy walks in------

Lucy: I was just trying to break the tension.

Bobby: By putting a fake head in a medical bag?

Lucy: In time you'll all laugh.

Bobby: Uh, Lucy, remember when I said you were working out just fine?

Lucy: You were lying?

Bobby: No, you're doing great, but maybe you can just, pull back a
little.

Lucy: Oh, okay…what does that mean?

Bobby: Well, maybe you don't question people bluntly about their
sexual identity.

Lucy: I knew it! She is one, God…

Bobby: No she isn't, but you see right there, your response to me
probably should have been just, okay.

Lucy: Okay.

Bobby: You don't always have to spice things up with your take. Does
that make sense?

Lucy: I guess.

Bobby: Great. (Lucy stands up and goes to the door) Can you ask
Ellenor to come on in?

Lucy: Sure. (to Ellenor) Ellenor, Bobby would like to see you in his
office. And don't punch me, I'm just the messenger.

Bobby: Lucy.

Lucy: Still too much spice? (she walks away, Ellenor walks into
Bobby's office)

Bobby: I understand your disappointment in our not taking your new
client. But to accuse Lindsay of…

Ellenor: Oh, what, she go running to her boyfriend?

Bobby: I'm entitled to some respect from you. Not just because I'm
senior partner but because I think I've earned it.

Ellenor: I'm sorry.

Bobby: What's this about.

Ellenor: I'd like to earn some more money, Bobby. I'd like to buy a
new car, some new clothes…the romance of the law is great but after a
while…all my classmates in law school have houses. I'm not ashamed to
admit that I wanna be able to buy things. And this client…

Bobby: Is that it? Money?

Ellenor: Most of it. And then there's…her…

Bobby: Lindsay.

Ellenor: I love her, don't get me wrong. But this whole office
expansion, everything, it was paid for mostly with her business.
She's better than me, I know…

Bobby: Ellenor, she's not better than you.

Ellenor: All the big clients that come through these doors come in
asking for you or her, not…this one came in asking for me, and it
felt good. And now that you and she…and I am happy for that, for both
of you…but this idea that she's the chosen child, it just doesn't
help it any…

Bobby: First of all, I'm not even gonna dignify the suggestion that
you take a backseat to her as a lawyer…

Ellenor: All the blue chips come in…

Bobby: I don't care about the blue chips even if you wore a hundred
and two earrings! Even if there were some legitimacy to all these
feelings, you're wrong to punish Lindsay, because you know she's not
imposing anything on you. You know that, Ellenor.

------Cut to a courtroom.------

Clerk: All rise.

(Everyone stands up, we see Judge White enter and sit down. Also at
the back are Eugene and Helen's boss Scott.)

Judge White: As there's no allegation of any sexual contact, nor any
evidence of money actually changing hands, I find that the
Commonwealth has failed to demonstrate probable cause for the arrest
of Mr. Carr. The case is therefore dismissed with prejudice, the
defendant is free to go. Adjourned.

(We see Helen's boss look disappointed as he walks out of the room.
Carr looks happy and he pats his lawyer on the back.)

------Cut to Helen's office.------

Scott: He was got to. Somebody got to that judge. There is no way
that we didn't have PC. This is politics!

Helen: Imagine that.

Scott: Well, Helen, we have to prosecute the other guy now. Green.

Helen: We already gave him immunity.

Scott: Conditioned on our getting PC on Carr. We didn't get it.

Helen: I think we've put Jerry Green through quite enough.

Scott: We didn't get PC!

Helen: You only wanna prosecute Green to keep flaming this story!

Scott: The man committed an act of prostitution.

Helen: Look, if we didn't get PC on Carr we're not gonna get it on
Green.

Scott: Different judge we will.

Helen: I won't do it.

Scott: Helen…

Helen: I said I won't do it. And you won't get any other DA to do it
either and if you do, I'll go to the press with the truth about your
political motives.

Scott: Don't threaten me, Helen.

Helen: (standing up) I will threaten you. I am threatening you. We
just destroyed a man in that courtroom. There's only so much politics
I can stomach. If it costs me my job, fine, that I can live with.
Here (grabbing a newspaper) you got your headline. Now go get a
conscience.

(Scott gets out. As he opens the door we see Eugene standing there,
apparently he heard the entire conversation.)

Eugene: Thanks.

(Helen nods. Eugene leaves.)

------Cut to an apartment/house/whatever. Lindsay and Bobby are in
the bathroom.-----

Transcriber's (final, and therefore lengthy) Note: This is actually
my first transcript…ever…and I guess you, the reader, are wondering
why I chose to transcribe this particular episode when there is a
multitude to choose from. Actually, I love this episode. I have
watched it countless times and I never get tired of doing so…because
it deals with some of the ugly truths that lawyers, (all lawyers,
even district attorneys like Helen) have to face in their profession.
yes, most of us may think of lawyers as grotesque, manipulative, and
heartless people, but they too are, in fact, often faced with
situations that force them to question their sense of right and
wrong; the righteousness of the law; and morality. Surely, certain
cases may cause our favorite lawyers to become the former, but at
other times (which are quite rare), they become noble. This was one
of those times--a reminder to all of us, I guess, that whatever our
perception of lawyers may be, they still are and will always remain
to be human.

Another reason why I chose this episode… the next scene is a dream
come true for those who are fans of the Bobby-Lindsay relationship. I
am admittedly one of them. The first moment that I saw those two in
the same room (mush, mush)…oh forget it that's a very long story. The
point is…this is what we have been salivating for all these years.
They're together now, (yes, for real!) and it seems that they are
more in love than ever. *sigh* This scene can actually make anybody
fall in love with `the practice' (just as I have). J I enjoyed
transcribing this sooo much…I hope I can find time in the future to
do more. J Back to the next scene… à

---

Lindsay: That's the last thing I need, is for you to stick up for me!

Bobby: I wasn't sticking up for you…

Lindsay: You told her to lay off me, what's that? I fight my own
battles.

Bobby: I was talking to her as senior partner, which I still am. That
doesn't change anything just because…

Lindsay: You're not senior partner here, Bobby.

Bobby: Well then let's put our clothes back on, drive over to the
office, and we'll have the conversation there!

(Lindsay stomps out of the room. Bobby follows her.)

Bobby: What.

Lindsay: They're treating me differently ever since…like I'm Helen on
some Trojan horse trying to…

Bobby: That is your imagination. (pause) Look, can you not handle
this? Because if not, then we can go back to…

Lindsay: Is that what you want? To go back?

Bobby: No.

Lindsay: But, it's causing a lot of…if you wanna go back, I'll
understand…I will… (she looks down)

(Bobby walks over to her and tilts her chin up to meet his eyes. )

Bobby: My New Year's resolution was to move ahead.

Lindsay: And everybody certainly thinks that was mine, don't they.

Bobby: You care what they think?

Lindsay: Yes.

Bobby: But you care more about what I think, right? (Lindsay nods.)
I'm not going anywhere. I'd rather fire you. (Lindsay smiles at this)

Lindsay: You can't just fire me, I'm a partner.

Bobby: (seriously) Yeah, you are. Mine.

(They kiss deeply…Bobby pulls Lindsay with him on the bed, still
kissing…well you get the picture. Told you it was dreamy. Anyway you
know how these networks censor the best stuff out…the scene fades to…)

-----…a house, Helen walks up to the front door and knocks. After a
while a kid opens the door.------

Helen: Hi, is your father home?

Kid: (uncertainly) Yeah…

(Jerry walks up, so does his wife)

Helen: Can I come in a second?

(Susan takes the kid away, they both leave)

Jerry: Um, I don't think so.

Helen: Okay. (pause) I came to apologize and under the circumstances,
I can imagine how hollow that must sound. What you did in that room
was illegal, but what I did in that bigger room was unconscionable. I
also know what distinguishes our actions…mine was more a product of
free will. I'm truly sorry.

Jerry: I believe you.

Helen: (teary-eyed, nodding) Good night, Mr. Green.

Jerry: Good night, Ms. Gamble.

------Helen walks back to her car, gives the house one final look.----
-

----------------------------End of Episode----------------------------
---