The Practice / SEASON 1 | EP04 EP05 EP06 | MASSIVE PICSPAM
Apparently, I failed to discover that season one has in fact 13 episodes instead of 6 (that's why sometimes it seemed so messed up...) but I got the 6 first episodes right, lucky for me! So yeah, here is the second part. ENJOY. ♥
THE PRACTICE - SAISON 01 EPISODE 04 - Part IV
Season 1, Episode 4: Part IV
Original Air Date-25 March 1997
An extremely nervous Lindsey goes up against the tobacco industry and her old Law School Professor in her very first jury trial. Outraged by the release of his daughter's killer, Dr. Braun takes matters into his own hands.
[LINDSAY REHEARSING FOR TRIAL]
Lindsay : Good morning Ladies & gentleman my name is Lindsay Dole... Good morning my name is Lindsay Dole I represent the plaintive... Ladies & gentleman of the jury, good morning my name is Lindsay Dole I represent the man seated over there....
[JURY SELECTION]
AndersonPearson : Anybody had a health problem connected with cigarettes smoking ?
Woman : Let's see.... well, my father had emphysema... and my sister had a baby with birth deffects...two of my uncles had heartattacks and my aunt had a leg cut off because her veine shrivled up and the doctor say it was all caused by smoking tobacco.
AP : And you believe you could be impartial on a case about cigarettes ?
Woman : I believe I could.
[FIGHTING OVER STRATEGY]
Ellenor : this is nuts.
Bobby: I don't think so.
Ellenor : four witnesses the whole case.
Bobby : Look, we can't match experts with the tobacco industy, if we parade up scientists on addiction or dopanime or whatever, we loose because whatever guns we've got, they've got bigger ones.
Lindsay : so how does putting up nobody helps us....
Bobby : we make our witnesses our strenght. Let them do their dog and pony show, let them call their scientists... with us, it's the unglamourous, but simple truth : she smoke she died, she smoke she died; She smoke, she smoke, she is dead.
[LINDSAY'S OPENING ARGUEMENT]
Lindsay : you don't like it.
Ellenor : No, I do, I do
Lindsay : Bobby says it's important for the jury to feel they know me
Ellenor : I understand your strategy, I do but... your highschool field hockey record isn't exactly gonna make our case... and weither or not you still have an apendix isn't really a burning question
Jimmy : All three case he tells the jury the biggest asset to the defense is their Common sense [...]
Lindsay : That's good, what else ?
Jimmy : He goes on about... hum... free society, personal choice, you know, we're America, people are free to make their own decisions, red, white and blue then you know... the usual, he goes over his high school Field Hockey Record....
Lindsay : Ah ah... you're all such a big riot...
[GROUP REHEASAL]
Lindsay : Margaret Ray became addicted. Did she want to quit smoking ? Of course. But she couldn't. She tried....
Eugene : wrong.
Lindsay : What wrong ?
Eugene : we should say she's to blame too. Pearson's gonna say it, if we say it first, we undercut...
Lindsay : We can't admit liability, that would plead right into his contributory negligence defense.
Eugene : Millions of people quit smoking every year. Margaret Ray could have too. Let's just admit it : she's a little to blame, but they're to blame more.
Bobby : Eugene's right.
Lindsay : We would be introducing evidence that will establish...
Eugene : Look at the jury.
Lindsay : You wanna do the case Eugene, why don't you do it ?
Bobby : Lindsay, are you not ready to do this ?
Lindsay : You're not ready Bobby, we're not ready ! Who are we kidding ?? This whole Streamline Strategie, it isn't strategie ! We have no choice ! We don't have the experts lined up, because we couldn't afford to hire any. We don't have the science on addiction, because we ain't do the lab work ! We're going with nothing, because that's what we have : nothing ! And you're throwing me this case not because of any confidence but because you don't want to be the one to take the fall ! ...
Lindsay : I'm sorry. I'm just nervous. I'm sorry.
Bobby : Listen, I can do the case.
Lindsay : No. I'm ready. I'll be fine. I apologize.
[BEGINING OF THE TRIAL]
Judge : Mr Donnell ?
Bobby : Ready for trial, your honnor.
Judge : Mr Pearson ?
Pearson : Ready for trial, your honnor.
Judge : Let's bring in the jury.
Lindsay : Good morning. My name is Lindsay Dole, I'm the attorney representing Mr Ray seated over there, beside Bobby Donnell who I know you've already met. We will be setting out to prove, that cigarettes manufactured by the defended TL michaels, caused Mr Ray's wife, Margaret, to devellop lung cancer and vascular desease which then caused her death in 1994. I was instructed not to do that, to drink water... Mr Donnell told me, since none of you have water, it's possible you could resent me for having it so.... I was determined not to drink it but, well... this is my very first jury trial and as soon as I stood up my mouth went dry... sorry. The opening statement as you know is not evidence. Instead, It's sort of a preview of the evidence we intend to show you. I'm sure you're aware that product liability cases can potentialy drag on forever. And you might be worried about that. There's medical information, scientific evidence, technical data with respect to cigarettes... Are they adictive ? Do they cause Cancer ? Did they cause Margaret Ray's cancer ? Was that Cancer the exact cause of her death ? To prove all of this to an exact certainty we would have to be putting up expert witnesses for weeks. We are not gonna do that. We don't need to. Emerson ray will tell you how his wife smoke cigarettes on and off for 52 years. Cigarettes manufactured by the defended. Her treating doctor will tell you that they killed her.
Lindsay : Her doctor will talk about this photograph which shows her lungs coroted by the carcinogens of cigarettes. And you will believe Dr. Clark because he's the only doctor that actually treated Margaret Ray. As for whether cigarettes cause lung cancer we will not be calling witnesses to prove that either. We will show you, what's printed on the cigarettes packages themselves. "Smoking causes lung cancer." "Cigarettes smoke contains carbon monoxide" These are the warnings of the surgeon general. "Smoking causes lung cancer." We will present evidence that cigarette companies manipulate the levels of nicotine. We will be presenting evidence of a two year investigation conducted by the FTA in which it found nicotine to be adictive... so much in fact, that the FTA now regulates cigarettes as drug delivery devices. But this trial is not about wether cigarettes are addictive so we won't be calling witnesses to prove that proposition.
Addictive or not, we're not gonna stand before you and declaire Margaret Ray was a helpless victim who had no choice but to smoke. We won't be saying she was blameless. In fact maybe she's a lot to blame... TL Michaels didn't force her to smoke... We're not even arguing that cigarettes should be banned we live in a free society and that's one of the things we're proud of in this country ! It's a slippery slope once you start arguing that people shouldn't have the right to make personal choices and Margaret Ray chose to smoke cigarettes, make no mistake. She bares responsability, of course she does. All we're saying is, so does the defendant. Not all of it, but some of it. You see, unlike automobiles, or alcohol, or even guns, this is a product, even when you use it carefully, it can still kill you. They put out a product when used as directed causes cancer... It's the plaintiff's contention that when their product does kill somebody, they should bare some responsability. Just a little.
Sorry, I was doing pretty well.... We will only be putting on three, maybe four witnesses. Unless they'll cross examine in propertuity, we expect to rest our case by friday. It's possible the defendent will put up sixty witnesses that's how many on their list... I don't know, or really care... You see, in the end, the strongest part of our case will be you. Your common sense. Your seat-of-the-pants wisdom. And when their umpteen experts tell you cigarettes are none addictive or don't cause cancer, you'll know better, we won't have to tell you.
Lastly, this lawsuit is about compensating Mr.Ray for his loss. I think you all know you can't really do that. He lost his wife of 43 years. Her death was slow, and it was painful. As mister Ray's lawyer I suppose I should attempt to tap into his grief, so you people can feel it.... Well that's another thing I won't be doing in this trial. I would never presume to be able to articulate his pain, nor would I presume your ability to trully feel it. Unless you've been through it.
What I will try to tap into however is his anger, the woman he loved died from smoking their cigarettes and he received no apology, no condolenses, not even the slightest admission that they're at all blameworthy. Maybe corporations, if they are big enough don't have to apologise.... Maybe corporations can put advertisements like this on billboards all across the country, or like this enticing people to use a product that could give them cancer, probably will give them cancer. And feel no remorse. The defendant TL Michaels generate revenus exceeding 28 billion dollars a year. They make more than 76 million dollars a day. A day !
AP : Objection, this is totally irrelevant.
Judge : Overuled.
Lindsay : He just asked us to believe that the money they make has no relevance. Gee.
You'll also be hearing from a scientist who formely worked for the world health organisation. He will testify that 3 million people a year die from smoking. One person every ten seconds. One person every ten seconds. This case is only about Margaret Ray. This case is only about her suffering. And his. And yet I still cannot bring myself to call it irrelevant. That in the short time I've been delivering my opening statement, they took in another million dollars or so, and 50 more people died. There's something wrong with that picture, and that one, and that one. And if a corporation makes billions and billions of dollars while its product continues to kill, and kill, and kill... If we just shocked that up to free society. Well there's something wrong with that picture as well.
[BACK TO THE PRACTICE]
Rebecca : I, I have Anderson Pearson on three, he wants to discuss settlement.
Bobby : Ok, when ?
Rebecca : Their office tonight, 7 o'clock.
bobby : Tell them yes, but don't sound too excited ! [...] It's a trick, it's an embush I feel it. [...] First off, we are all going. They've got an army, so do we. Second, we gotta pick a number; high and a low one.
Rebecca : How about anything ?
Ellenor : No, forget it ! We're ahead, her oppening was brilliant !
[TOBACCO COMPANY HQ]
Bobby : I'll do the talking. Let me do the talking ! Whatever number they throw don't anybody's eyes bug out !
Eugene : No eye bugging.
Bobby : We'll just play this easy...
Ellenor : Forget easy, Bobby let's hard line !
[Everybody's aguing. Finally the elevator doors open up.]
Bobby : That offer is rejected. [...] Look I'm not gonna pretend that we measure up here on legal talent, but let's be honnest. You wouldn't be making any settlement if you weren't anxious. [...] I understand, but we have taken away your defense : The strategie of blaming the victime, gone. We already blamed her. Your scientific assault on nicotine being addictive, gone. We're not aguing addiction. Your medical, technical wizardry saying that cigarettes don't cause cancer we'd want you to argue that one ! You know we might be crazy, but they're a claim out there right now. States are suing tobacco companies for health costs associated with smoking... We are taking the gamble that the public, and those jurors they already know that you're the bad guys. You've already lost one. It's just a matter of time before a jury in massachusetts's gonna want to pinch you. And if we get them there, to the point where they want you to feel a sting...even a little sting, imagine... A million dollars is no pinch to you, ten million isn't even a pimple ! You rake in 76 million a day ! A day. What if they think for killing Margaret Ray you should forfeit just one day proceeds, or even half a day.... And here's the biggest thing of all : most victims don't bother to sue bicause you're just too big a windmill ! What if you should ever loose a jury trial to a plaintive who puts on so simple a case of 4 witnesses, no autopsy needed, we'll be profiled in every legal journal Mike Wallace would be in my office, and plaintiffs would suddenly be coming out of the woodwork !
AP : well you just had it all figured out , don't you ?
Bobby : No, mister Pearson, we don't. We're just guessing... I admit that, but... Suppose we guess right. Can you really afford to take that kind of chance ?
AP : Can you ? With your contengency fee, you're turning down a 150 000 $ ! Now, it's just a hunch, but I suspect you could use that money ?
Bobby : We reject your offer. Let's go.
[ANDERSON PEARSON IS COMING]
Bobby : That was Anderson Pearson. He's on his way over.
Lindsay : here ?
Bobby : Yes, here.
Rebecca : please, whatever he offers, just say yes.
Bobby : Thank you, Rebecca.
Lindsay : Here ?
Bobby : Yes, here !
[FINAL MEETING]
Anderson Pearson : This check has already been signed, so there's nothing to negociate. You either take it or leave it. But this will be our final offer. It's designed to be preemptive, after this we will take our chance with the jury... even one which happens to find you adorable.
Bobby : What's the number ?
AP : 1.7 million.
Bobby : Accepted.
AP : This is yours. Tell your client congratulations. And please, tell him that I'm... that, hum... we're very sorry about his loss.
Bobby : You... you.... This is good.
Lindsay : yeah ! Can we get a conference table now ?
Bobby : Yeah...
[CELEBRATION BECAUSE OF MISS AWESOME HERE]
Mister Ray : I don't know what to say ! Every law firm said to me "no way!" you people said "maybe" and you backed it up !
Ellenor : Well that's mainly because of miss AWESOME here !
THE PRACTICE - SAISON 01 EPISODE 05 - Part V
Season 1, Episode 5: Part V
Original Air Date-1 April 1997
Preparing for Dr. Braun's murder trial, Jimmy comes up with a controversial defense after the client refuses to argue temporary insanity. Meanwhile, Eugene bets both Lindsey and an a DA that he can win a hopeless case, and Ellenor finally comes face to face with the Podiatrist she met through the personal ads.
[AT THE OFFICE]
Jimmy: Well stand right up in court and say what Daniel said on the TV show was right. It’s more right for Ronald Martin to be dead than free.
Lindsay: We can’t do that.
Jimmy: Course we can, just wink to the jury and say he did it let him go anyway….there’s a name for it…..
Lindsay: Yeah, it’s jury nullification and ethically a lawyer can’t argue it.
Jimmy: We have a client who shot a guy in the head and we’re gonna get caught up on ethics? Put it right to that jury - Ronald Martin got what was coming to him, what if it was your daughter - who wouldn’t pull that trigger? It’s America, boom, not guilty.
Lindsay: Excuse me, you made a bet on Finald the armed robber ?
Eugene: The very one.
Lindsay: They have an eyewitness.
Eugene: You ever seen me cross examine an eyewitness Lindsay? Tell her Bobby.
Bobby: He’s good.
Lindsay: This eyewitness is perfect.
Eugene: When I hear they’re perfect I smile, you want in on the action hundred bucks.
Bobby: Don’t do it.
Lindsay: I handled the arraignment on this case, I read the incident report, he can’t win this.
Ellenor: Don’t bet him Lindsay.
Lindsay: (pauses and smiles at Eugene) A hundred bucks.
Eugene: Cha ching!
Everyone laughs.
Lindsay: You can not win this case and if you do I’ll be watching. The education will be worth the money I lose.
Bobby: C’mon Jimmy.
Lindsay: You can not win this case. You won’t.
[IN THE COURTROOM]
Lindsay walking into the courtroom and sitting down in the gallery. She smiles knowingly at Eugene.
Eugene questioning the witness
[AT THE OFFICE]
Jimmy: I just got this fax from the clerks office the notice of appearance of a new DA, in the Braun trial.
Bobby: Asha Silverman!
Jimmy: What you know this guy?
Bobby: Asha Silverman is legend, he has never lost a murder trial.
Lindsay: So this’ll be a first then.
Bobby: He’s also an orthodox Rabbi, they did this in response to our moral duress strategy.
Lindsay: He’s a DA and a Rabbi?
Bobby: Mmhmm
Jimmy: Maybe this makes him more compassionate - he’ll be willing to make a deal.
Bobby: I don’t know anything about him as a Rabbi but as a DA, he’s ruthless. They didn’t put him on this to make a deal, that’s sure.
[ELLENOR DOESN'T WANT IN.]
Bobby: Ah, Ellenor, good ,I want you on this Braun case.
Ellenor: I’m really sorry Bobby, I just can’t do that. Bobby: Why?
Ellenor: I’m just not comfortable working on this case, please don’t ask me to participate. I’d really ask that you respect me on this.
Bobby: oh, ok.
Danny: Forgive me, Could I be so intrusive as to ask why?
Ellenor: You wore your yamakah on that tv program, when a Rabbi speaks he represents Judaism, you represented it as vengeful and as a jewish person I was offended. I’d just rather not work on the case.
Bobby: fine
THE PRACTICE - SAISON 01 EPISODE 06 - Part VI
Season 1, Episode 6: Part VI
Original Air Date-8 April 1997
Dr. Braun's emotional and outrageous murder trial finally begins, with Bobby going up against a known ADA who is also a famous Rabbi. Eugene represents a boy accused of statutory rape, after he impregnates a 13 year old girl.
Lindsay : a defense is a defense Ellenor. If memory serves me correctly, you had a client who said the devil made him do it. You had no problem arguing that.
E : What's your point.
Lindsay : My point here is you're taking offense are a Jew and not as a lawyer.
Ellenor : And I'm not allowed to do that ?
L : Well, there's that separation of church and state thing, remember ?
E : Yeah, but what I do as a lawyer is a state action, Lindsay.
L : Oh please...
Rebecca : Oh, oh who... I think we should change the subject.
END OF PART TWO - PART ONE - PART THREE
|| DON'T REPOST. LINK BACK TO THIS ENTRY PLEASE.
|| Don't alter, these are not bases.
|| Enjoy ! ♥
|| Comments are ♥
THE PRACTICE - SAISON 01 EPISODE 04 - Part IV
Season 1, Episode 4: Part IV
Original Air Date-25 March 1997
An extremely nervous Lindsey goes up against the tobacco industry and her old Law School Professor in her very first jury trial. Outraged by the release of his daughter's killer, Dr. Braun takes matters into his own hands.
[LINDSAY REHEARSING FOR TRIAL]
Lindsay : Good morning Ladies & gentleman my name is Lindsay Dole... Good morning my name is Lindsay Dole I represent the plaintive... Ladies & gentleman of the jury, good morning my name is Lindsay Dole I represent the man seated over there....
[JURY SELECTION]
AndersonPearson : Anybody had a health problem connected with cigarettes smoking ?
Woman : Let's see.... well, my father had emphysema... and my sister had a baby with birth deffects...two of my uncles had heartattacks and my aunt had a leg cut off because her veine shrivled up and the doctor say it was all caused by smoking tobacco.
AP : And you believe you could be impartial on a case about cigarettes ?
Woman : I believe I could.
[FIGHTING OVER STRATEGY]
Ellenor : this is nuts.
Bobby: I don't think so.
Ellenor : four witnesses the whole case.
Bobby : Look, we can't match experts with the tobacco industy, if we parade up scientists on addiction or dopanime or whatever, we loose because whatever guns we've got, they've got bigger ones.
Lindsay : so how does putting up nobody helps us....
Bobby : we make our witnesses our strenght. Let them do their dog and pony show, let them call their scientists... with us, it's the unglamourous, but simple truth : she smoke she died, she smoke she died; She smoke, she smoke, she is dead.
[LINDSAY'S OPENING ARGUEMENT]
Lindsay : you don't like it.
Ellenor : No, I do, I do
Lindsay : Bobby says it's important for the jury to feel they know me
Ellenor : I understand your strategy, I do but... your highschool field hockey record isn't exactly gonna make our case... and weither or not you still have an apendix isn't really a burning question
Jimmy : All three case he tells the jury the biggest asset to the defense is their Common sense [...]
Lindsay : That's good, what else ?
Jimmy : He goes on about... hum... free society, personal choice, you know, we're America, people are free to make their own decisions, red, white and blue then you know... the usual, he goes over his high school Field Hockey Record....
Lindsay : Ah ah... you're all such a big riot...
[GROUP REHEASAL]
Lindsay : Margaret Ray became addicted. Did she want to quit smoking ? Of course. But she couldn't. She tried....
Eugene : wrong.
Lindsay : What wrong ?
Eugene : we should say she's to blame too. Pearson's gonna say it, if we say it first, we undercut...
Lindsay : We can't admit liability, that would plead right into his contributory negligence defense.
Eugene : Millions of people quit smoking every year. Margaret Ray could have too. Let's just admit it : she's a little to blame, but they're to blame more.
Bobby : Eugene's right.
Lindsay : We would be introducing evidence that will establish...
Eugene : Look at the jury.
Lindsay : You wanna do the case Eugene, why don't you do it ?
Bobby : Lindsay, are you not ready to do this ?
Lindsay : You're not ready Bobby, we're not ready ! Who are we kidding ?? This whole Streamline Strategie, it isn't strategie ! We have no choice ! We don't have the experts lined up, because we couldn't afford to hire any. We don't have the science on addiction, because we ain't do the lab work ! We're going with nothing, because that's what we have : nothing ! And you're throwing me this case not because of any confidence but because you don't want to be the one to take the fall ! ...
Lindsay : I'm sorry. I'm just nervous. I'm sorry.
Bobby : Listen, I can do the case.
Lindsay : No. I'm ready. I'll be fine. I apologize.
[BEGINING OF THE TRIAL]
Judge : Mr Donnell ?
Bobby : Ready for trial, your honnor.
Judge : Mr Pearson ?
Pearson : Ready for trial, your honnor.
Judge : Let's bring in the jury.
Lindsay : Good morning. My name is Lindsay Dole, I'm the attorney representing Mr Ray seated over there, beside Bobby Donnell who I know you've already met. We will be setting out to prove, that cigarettes manufactured by the defended TL michaels, caused Mr Ray's wife, Margaret, to devellop lung cancer and vascular desease which then caused her death in 1994. I was instructed not to do that, to drink water... Mr Donnell told me, since none of you have water, it's possible you could resent me for having it so.... I was determined not to drink it but, well... this is my very first jury trial and as soon as I stood up my mouth went dry... sorry. The opening statement as you know is not evidence. Instead, It's sort of a preview of the evidence we intend to show you. I'm sure you're aware that product liability cases can potentialy drag on forever. And you might be worried about that. There's medical information, scientific evidence, technical data with respect to cigarettes... Are they adictive ? Do they cause Cancer ? Did they cause Margaret Ray's cancer ? Was that Cancer the exact cause of her death ? To prove all of this to an exact certainty we would have to be putting up expert witnesses for weeks. We are not gonna do that. We don't need to. Emerson ray will tell you how his wife smoke cigarettes on and off for 52 years. Cigarettes manufactured by the defended. Her treating doctor will tell you that they killed her.
Lindsay : Her doctor will talk about this photograph which shows her lungs coroted by the carcinogens of cigarettes. And you will believe Dr. Clark because he's the only doctor that actually treated Margaret Ray. As for whether cigarettes cause lung cancer we will not be calling witnesses to prove that either. We will show you, what's printed on the cigarettes packages themselves. "Smoking causes lung cancer." "Cigarettes smoke contains carbon monoxide" These are the warnings of the surgeon general. "Smoking causes lung cancer." We will present evidence that cigarette companies manipulate the levels of nicotine. We will be presenting evidence of a two year investigation conducted by the FTA in which it found nicotine to be adictive... so much in fact, that the FTA now regulates cigarettes as drug delivery devices. But this trial is not about wether cigarettes are addictive so we won't be calling witnesses to prove that proposition.
Addictive or not, we're not gonna stand before you and declaire Margaret Ray was a helpless victim who had no choice but to smoke. We won't be saying she was blameless. In fact maybe she's a lot to blame... TL Michaels didn't force her to smoke... We're not even arguing that cigarettes should be banned we live in a free society and that's one of the things we're proud of in this country ! It's a slippery slope once you start arguing that people shouldn't have the right to make personal choices and Margaret Ray chose to smoke cigarettes, make no mistake. She bares responsability, of course she does. All we're saying is, so does the defendant. Not all of it, but some of it. You see, unlike automobiles, or alcohol, or even guns, this is a product, even when you use it carefully, it can still kill you. They put out a product when used as directed causes cancer... It's the plaintiff's contention that when their product does kill somebody, they should bare some responsability. Just a little.
Sorry, I was doing pretty well.... We will only be putting on three, maybe four witnesses. Unless they'll cross examine in propertuity, we expect to rest our case by friday. It's possible the defendent will put up sixty witnesses that's how many on their list... I don't know, or really care... You see, in the end, the strongest part of our case will be you. Your common sense. Your seat-of-the-pants wisdom. And when their umpteen experts tell you cigarettes are none addictive or don't cause cancer, you'll know better, we won't have to tell you.
Lastly, this lawsuit is about compensating Mr.Ray for his loss. I think you all know you can't really do that. He lost his wife of 43 years. Her death was slow, and it was painful. As mister Ray's lawyer I suppose I should attempt to tap into his grief, so you people can feel it.... Well that's another thing I won't be doing in this trial. I would never presume to be able to articulate his pain, nor would I presume your ability to trully feel it. Unless you've been through it.
What I will try to tap into however is his anger, the woman he loved died from smoking their cigarettes and he received no apology, no condolenses, not even the slightest admission that they're at all blameworthy. Maybe corporations, if they are big enough don't have to apologise.... Maybe corporations can put advertisements like this on billboards all across the country, or like this enticing people to use a product that could give them cancer, probably will give them cancer. And feel no remorse. The defendant TL Michaels generate revenus exceeding 28 billion dollars a year. They make more than 76 million dollars a day. A day !
AP : Objection, this is totally irrelevant.
Judge : Overuled.
Lindsay : He just asked us to believe that the money they make has no relevance. Gee.
You'll also be hearing from a scientist who formely worked for the world health organisation. He will testify that 3 million people a year die from smoking. One person every ten seconds. One person every ten seconds. This case is only about Margaret Ray. This case is only about her suffering. And his. And yet I still cannot bring myself to call it irrelevant. That in the short time I've been delivering my opening statement, they took in another million dollars or so, and 50 more people died. There's something wrong with that picture, and that one, and that one. And if a corporation makes billions and billions of dollars while its product continues to kill, and kill, and kill... If we just shocked that up to free society. Well there's something wrong with that picture as well.
[BACK TO THE PRACTICE]
Rebecca : I, I have Anderson Pearson on three, he wants to discuss settlement.
Bobby : Ok, when ?
Rebecca : Their office tonight, 7 o'clock.
bobby : Tell them yes, but don't sound too excited ! [...] It's a trick, it's an embush I feel it. [...] First off, we are all going. They've got an army, so do we. Second, we gotta pick a number; high and a low one.
Rebecca : How about anything ?
Ellenor : No, forget it ! We're ahead, her oppening was brilliant !
[TOBACCO COMPANY HQ]
Bobby : I'll do the talking. Let me do the talking ! Whatever number they throw don't anybody's eyes bug out !
Eugene : No eye bugging.
Bobby : We'll just play this easy...
Ellenor : Forget easy, Bobby let's hard line !
[Everybody's aguing. Finally the elevator doors open up.]
Bobby : That offer is rejected. [...] Look I'm not gonna pretend that we measure up here on legal talent, but let's be honnest. You wouldn't be making any settlement if you weren't anxious. [...] I understand, but we have taken away your defense : The strategie of blaming the victime, gone. We already blamed her. Your scientific assault on nicotine being addictive, gone. We're not aguing addiction. Your medical, technical wizardry saying that cigarettes don't cause cancer we'd want you to argue that one ! You know we might be crazy, but they're a claim out there right now. States are suing tobacco companies for health costs associated with smoking... We are taking the gamble that the public, and those jurors they already know that you're the bad guys. You've already lost one. It's just a matter of time before a jury in massachusetts's gonna want to pinch you. And if we get them there, to the point where they want you to feel a sting...even a little sting, imagine... A million dollars is no pinch to you, ten million isn't even a pimple ! You rake in 76 million a day ! A day. What if they think for killing Margaret Ray you should forfeit just one day proceeds, or even half a day.... And here's the biggest thing of all : most victims don't bother to sue bicause you're just too big a windmill ! What if you should ever loose a jury trial to a plaintive who puts on so simple a case of 4 witnesses, no autopsy needed, we'll be profiled in every legal journal Mike Wallace would be in my office, and plaintiffs would suddenly be coming out of the woodwork !
AP : well you just had it all figured out , don't you ?
Bobby : No, mister Pearson, we don't. We're just guessing... I admit that, but... Suppose we guess right. Can you really afford to take that kind of chance ?
AP : Can you ? With your contengency fee, you're turning down a 150 000 $ ! Now, it's just a hunch, but I suspect you could use that money ?
Bobby : We reject your offer. Let's go.
[ANDERSON PEARSON IS COMING]
Bobby : That was Anderson Pearson. He's on his way over.
Lindsay : here ?
Bobby : Yes, here.
Rebecca : please, whatever he offers, just say yes.
Bobby : Thank you, Rebecca.
Lindsay : Here ?
Bobby : Yes, here !
[FINAL MEETING]
Anderson Pearson : This check has already been signed, so there's nothing to negociate. You either take it or leave it. But this will be our final offer. It's designed to be preemptive, after this we will take our chance with the jury... even one which happens to find you adorable.
Bobby : What's the number ?
AP : 1.7 million.
Bobby : Accepted.
AP : This is yours. Tell your client congratulations. And please, tell him that I'm... that, hum... we're very sorry about his loss.
Bobby : You... you.... This is good.
Lindsay : yeah ! Can we get a conference table now ?
Bobby : Yeah...
[CELEBRATION BECAUSE OF MISS AWESOME HERE]
Mister Ray : I don't know what to say ! Every law firm said to me "no way!" you people said "maybe" and you backed it up !
Ellenor : Well that's mainly because of miss AWESOME here !
THE PRACTICE - SAISON 01 EPISODE 05 - Part V
Season 1, Episode 5: Part V
Original Air Date-1 April 1997
Preparing for Dr. Braun's murder trial, Jimmy comes up with a controversial defense after the client refuses to argue temporary insanity. Meanwhile, Eugene bets both Lindsey and an a DA that he can win a hopeless case, and Ellenor finally comes face to face with the Podiatrist she met through the personal ads.
[AT THE OFFICE]
Jimmy: Well stand right up in court and say what Daniel said on the TV show was right. It’s more right for Ronald Martin to be dead than free.
Lindsay: We can’t do that.
Jimmy: Course we can, just wink to the jury and say he did it let him go anyway….there’s a name for it…..
Lindsay: Yeah, it’s jury nullification and ethically a lawyer can’t argue it.
Jimmy: We have a client who shot a guy in the head and we’re gonna get caught up on ethics? Put it right to that jury - Ronald Martin got what was coming to him, what if it was your daughter - who wouldn’t pull that trigger? It’s America, boom, not guilty.
Lindsay: Excuse me, you made a bet on Finald the armed robber ?
Eugene: The very one.
Lindsay: They have an eyewitness.
Eugene: You ever seen me cross examine an eyewitness Lindsay? Tell her Bobby.
Bobby: He’s good.
Lindsay: This eyewitness is perfect.
Eugene: When I hear they’re perfect I smile, you want in on the action hundred bucks.
Bobby: Don’t do it.
Lindsay: I handled the arraignment on this case, I read the incident report, he can’t win this.
Ellenor: Don’t bet him Lindsay.
Lindsay: (pauses and smiles at Eugene) A hundred bucks.
Eugene: Cha ching!
Everyone laughs.
Lindsay: You can not win this case and if you do I’ll be watching. The education will be worth the money I lose.
Bobby: C’mon Jimmy.
Lindsay: You can not win this case. You won’t.
[IN THE COURTROOM]
Lindsay walking into the courtroom and sitting down in the gallery. She smiles knowingly at Eugene.
Eugene questioning the witness
[AT THE OFFICE]
Jimmy: I just got this fax from the clerks office the notice of appearance of a new DA, in the Braun trial.
Bobby: Asha Silverman!
Jimmy: What you know this guy?
Bobby: Asha Silverman is legend, he has never lost a murder trial.
Lindsay: So this’ll be a first then.
Bobby: He’s also an orthodox Rabbi, they did this in response to our moral duress strategy.
Lindsay: He’s a DA and a Rabbi?
Bobby: Mmhmm
Jimmy: Maybe this makes him more compassionate - he’ll be willing to make a deal.
Bobby: I don’t know anything about him as a Rabbi but as a DA, he’s ruthless. They didn’t put him on this to make a deal, that’s sure.
[ELLENOR DOESN'T WANT IN.]
Bobby: Ah, Ellenor, good ,I want you on this Braun case.
Ellenor: I’m really sorry Bobby, I just can’t do that. Bobby: Why?
Ellenor: I’m just not comfortable working on this case, please don’t ask me to participate. I’d really ask that you respect me on this.
Bobby: oh, ok.
Danny: Forgive me, Could I be so intrusive as to ask why?
Ellenor: You wore your yamakah on that tv program, when a Rabbi speaks he represents Judaism, you represented it as vengeful and as a jewish person I was offended. I’d just rather not work on the case.
Bobby: fine
THE PRACTICE - SAISON 01 EPISODE 06 - Part VI
Season 1, Episode 6: Part VI
Original Air Date-8 April 1997
Dr. Braun's emotional and outrageous murder trial finally begins, with Bobby going up against a known ADA who is also a famous Rabbi. Eugene represents a boy accused of statutory rape, after he impregnates a 13 year old girl.
Lindsay : a defense is a defense Ellenor. If memory serves me correctly, you had a client who said the devil made him do it. You had no problem arguing that.
E : What's your point.
Lindsay : My point here is you're taking offense are a Jew and not as a lawyer.
Ellenor : And I'm not allowed to do that ?
L : Well, there's that separation of church and state thing, remember ?
E : Yeah, but what I do as a lawyer is a state action, Lindsay.
L : Oh please...
Rebecca : Oh, oh who... I think we should change the subject.
END OF PART TWO - PART ONE - PART THREE
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