Target Practice

Written by: Cindy Lichtman and Alfonso H. Moreno
Directed by: John Patterson

-------------------- 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 novelisation or a script. It is a straightforward and dry transcript of the episode 'Target Practice'. It also includes descriptions of the settings and camera movements where I felt they were needed. I am not making any money or any other benefit off this, it is purely for fun.

I made every effort to accurately transcribe the dialogue from this episode. If you notice anything that has been transcribed incorrectly, please email me, and I will post an update.

This transcript was written by Ryana.

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

Bobby's office

Lucy: Jimmy, can I get you anything else? Ginger ale's supposed to be good. (we hear Jimmy puking in the background. Bobby walks in) He's puking.

Bobby: Jimmy?

Jimmy's voice: Out in a second.

Lucy: Bobby, he can't go into trial sick.

Bobby: Uh, that just means he's ready. It happens to him on the big cases. He puked before the powerlines case, he puked before going up against Tommy Silva... Those were his best trials.

Ellenor: (coming in with Lindsay) The gun case?

Lindsay: Mmm, we should all be nauseous. We're going into a case we can't win.

Jimmy's voice: Can too! (Lindsay sighs)

Eugene: (coming in) So, what's going on?

Bobby: Jimmy's puking. How we doing on Robertson?

Eugene: Pushed. Um, they bought time for the pre-trial.

Jimmy: (coming out of the bathroom, to Lucy) My bag packed?

Lucy: All set.

Ellenor: I think you should take one last shot at a continuance.

Jimmy: We'll never get a continuance. This will never go -

Ellenor: (interrupting him) You might, Jimmy. It's worth a try. There's talk that the gun manufacturers aren't coming clean discovery wise.

Bobby: They're not gonna get a last second continuance, Ellenor.

Ellenor: Look, the defence is in no hurry, they might wanna delay it.

Lindsay: The defence is thrilled is go now. We don't have a case.

Jimmy: Will you stop saying that?

Lindsay: Earth to Jimmy - causation!

Jimmy: This is the time to be trying this case. The gun industry is ripe to get smacked. Timing's everything and I - (he breaks off as a queasy look comes over his face and he races back to the bathroom)

Bobby: (with a slight, confident smile) He's really ready.

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

The courthouse, in the hall.

Mrs Kimbrow: We haven't even gone over my testimony.

Jimmy: I don't want to go over it. I don't want it sounding rehearsed. You just tell your story.

Kimbrow: And then me?

Jimmy: You, I'm holding back for now. Let's go.

Cut to the office.

Lucy: (answering the phone) Donnell, Young, Dole and Frutt. (pause) Yeah, one second. (to Eugene) It's your ex-wife. Sounds pretty upset.

Eugene: (picking up the phone) Sharon? (pause) Where? (another pause) Where is he? Okay, I'll meet you there. (he hangs up and begins to leave)

Lucy: What's wrong? (he ignores her and walks out)

Cut to a police station. Eugene walks over to the holding cell.

Kendall: (coming forward in surprise) Dad!

Cut to a small room at the police station, where Sharon and Eugene are talking to Kendall.

Sharon: How'd they get in your locker?

Kendall: I don't know, I swear to God.

Eugene: The principal says he got a phone tip from a parent. Something about you dealing. You know anything about that?

Kendall: I wasn't dealing, that's a lie!

Eugene: Were they your drugs?

Kendall: No. C'mon, Dad.

Eugene: Then why were they in your locker?

Sharon: How many times you gonna make him answer that question?

Kendall: (at the same time as Sharon's statement) I don't know.

Eugene: (to Sharon) Do you see me talking to my son?

Kendall: I just wanna go home.

Eugene: Well, we're getting the papers ready, but you need to think. It was your locker.

Kendall: I don't know, maybe I was set up.

Eugene: Set up? By whom?

Kendall: I don't know, kids, police. Like they did Ellenor. (long pause) I swear to God those drugs weren't mine.

Cut to a courtroom.

Mrs Kimbrow: We were out having dinner, celebrating. Lisa had just been accepted to Emerson.

Jimmy: And then what happened?

Mrs Kimbrow: All of a sudden there was screaming, um, we looked around and there were three men standing there, waving guns. It seemed like a hold up of some sort. There was one guy just shooting, everywhere. And there was yelling, and we went to the floor, and then they were gone. It all happened so fast. And as I climbed up, I looked to Lisa, and she wasn't moving, she was just lying there and I knew she had been hit. And I went to try and shake her awake and she - (begins to cry) and she wouldn't wake. She was dead.

Lawrence (lawyer for the defendant): (getting up) First, let me say how sorry I am for your loss, Mrs Kimbrow.

Mrs Kimbrow: Yes.

Lawrence: Mrs Kimbrow, you're not alleging any design defect in the guns Pearson Herron manufactures?

Mrs Kimbrow: I think any time a gun is designed as an assault weapon there's some kind of defect somewhere.

Lawrence: Yes, but this isn't about a safety feature or product -

Mrs Kimbrow: No. It's about you putting these things in the hands of killers.

Lawrence: Move to strike -

Judge: Sustained. Just answer the questions he asks, ma'am.

Lawrence: Do you know of any technology employed by -

Jimmy: Objection - this isn't about technology -

Lawrence: Can I ask my question?

Jimmy: You can ask questions that are relevant to the cause of action.

Judge: All right. The objection is sustained. The issue here concerns advertising and marketing, Mr Lawrence, and only that.

Lawrence: Mrs Kimbrow, do you have any knowledge that the person who shot and killed your daughter read any advertising relating to my client's guns?

Mrs Kimbrow: I have no specific knowledge, no.

Lawrence: In fact, you don't even know how Mr Brown got this gun, do you?

Mrs Kimbrow: No, I do not.

Lawrence: Thank you, Mrs Kimbrow. That's all.

The hall in the courthouse.

Jimmy: I think it went good. You think?

Lindsay: Yes, but that's the easy part. Now we've got to prove liability. I also think we should take a quick shot at settling.

Jimmy: Client's don't want to settle. They said -

Lindsay: They're saying that because they think we have a chance at winning.

Jimmy: Which we do.

Lindsay: Jimmy, we do not want to go to verdict on this. (Marshall comes around the corner and sees them)

Marshall: Hi!

Jimmy: Hi. Ready?

Marshall: All set.

Lindsay: Listen, we talked before about your demeanour staying neutral?

Marshall: Yes.

Lindsay: Forget it. We want you to come on strong.

Marshall: Really?

Lindsay: I think we should lead with outrage. Emotions are our strength here, we can't back off it. Can you come on strong?

Marshall: Are you kidding?

Lindsay: Don't overdo it, just -

Marshall: Strong.

Jimmy: Go on in, we'll meet you.

Marshall: Okay. (he leaves)

Jimmy: I don't disagree with him coming on strong, Lindsay, but since I'm first chair, let's run it by me first.

Lindsay: Well, he's gonna take the stand in like, 5 minutes, there's not much time to -

Jimmy: Well, make the time. (Lindsay looks uncomfortable.)

Eugene's office.

Eugene: Principal found drugs in his locker. He was booked on possession with intent, says he doesn't know how it ended up there.

Bobby: Do you believe him?

Eugene: I got to, don't I?

Bobby: Okay, let me talk to the principal. Maybe we can suppress the search.

Eugene: Look, he's an eleven year old kid. What the hell is he... This ain't my kid, Bobby, now I know he wouldn't do this kind of.... (sighs) Maybe we could steer this to Helen.

Bobby: Eugene, I'm doing it.

Eugene: Look - no, I can handle it, Bobby, he's my problem -

Bobby: I said, I'm doing it. We'll take Ellenor with us too.

Eugene: Okay.

Bobby: Look at me. If I have to go into the favour bank on this, I will.

Eugene: Thank you.

A courtroom.

Jimmy: How long have you worked for the Boston Firearms Project?

Marshall: Four and a half years.

Jimmy: And before that?

Marshall: I was a detective with the Boston Police Department.

Jimmy: You are familiar with the gun used in the shooting death of Lisa Kimbrow?

Marshall: I am.

Jimmy: Could you describe it?

Marshall: It's a semi-automatic assault weapon known as the TAC-10

Jimmy: Pretty serious thing.

Marshall: It's a military weapon.

Jimmy: Did you say commercially available? People can buy these?

Marshall: Oh yes.

Jimmy: In your experience as a member of the Boston Firearm Project and as a member of the Boston Police Force, does it surprise you that this weapon would be sold to a man like Ray Brown, a person with a felony record?

Marshall: In my experience, this man represents their market.

Lawrence: (standing) Objection. There's no foundation for that, and this witness knows it!

Marshall: You wanna tell me what I know, counsel?

Judge: All right. The objection is overruled.

Jimmy: That's a pretty strong statement, Mr Marshall.

Marshall: (picking up the gun) This thing isn't for self-defence, it isn't to shoot skeet, it isn't to hunt. It's design is to spray fire, which means that you sweep it (he sweeps the gun carefully) from side to side. It goes against the way most people shoot in a self defence situation. This is an offensive weapon.

Lawrence: Ever heard of survivalists, Mr Marshall?

Marshall: Yes, but survivalists -

Lawrence: Might a survivalist buy this type of gun?

Marshall: He might, but survivalists usually -

Lawrence: Ever hear the term 'plinking', Mr Marshall?

Marshall: Oh, please. You're not gonna tell me this -

Lawrence: Ever heard of plinking, sir?

Marshall: Yes.

Lawrence: What is it?

Marshall: Shooting at cans and bottles.

Lawrence: It's a recreational use for the TAC-10, isn't it?

Marshall: The TAC-10 is designed to kill people, not to plink at water bottles!

Lawrence: Objection, move to strike.

Judge: Sustained.

Lawrence: There are uses for this gun other than holding up a convenience store, aren't there, Mr Marshall?

Marshall: This gun is designed to kill (Lawrence breaks in here) and is sold to people who want to kill -

Lawrence: Objection, move to strike. Move to strike!

Judge: All right.

Lawrence: Is it your testimony before this court that only criminals buy this weapon? Is that your testimony?

Marshall: No.

Lawrence: Thank you, and do you think a law-abiding citizen should be allowed to purchase this weapon?

Marshall: No, I don't.

Lawrence: Thank you sir, I think we all know exactly where you stand.

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

Kendall's school.

Ms Richwood (Kendall's headmistress): Seven bags of marijuana. Frankly, it surprised me, Mr Young, Kendall isn't one of our problem students.

Bobby: The incident report says that you received a phone tip from a parent, but it doesn't say who the parent was.

Ms Richwood: District policy is to keep that kind of information confidential.

Eugene: What kind of Gastapo policy is that?

Ms Richwood: I start naming names, and it discourages people from coming forward. I've confiscated two guns this year. Nobody wants to become a target.

Eugene: I understand your concern, but my son says he was set up, and you relied on a phone tip. Now how do you know the person on the other line was a parent?

Ms Richwood: I recognised the name. And I recognise a parent when I hear one.

Ellenor: We have to know who the accuser is, otherwise -

Ms Richwood: I'm sorry -

Bobby: Miss Richwood, you know we can subpoena this information. Let's just save some time.

The courtroom.

Headburg: They're in the business of supplying criminals.

Lindsay: The defendant?

Headburg: The defendant, as well as many other major gun manufacturers.

Lindsay: Mr Headburg, a person can't just walk into a store and buy a gun. There are background checks, waiting periods...

Headburg: Yes, that all sounds good, but our studies have found that store buyers go under these dealerships, buy the guns and immediately put them into a black market. That's where the gangs get a hold of them, as well as other people who can't legally buy them on their own.

Lindsay: But wouldn't that be the dealer's fault? How do you blame the manufacturers?

Headburg: I blame them because they turn a blind eye to it, they know where these guns are headed. That, to me, makes them complicit.

Lawrence: You have no direct evidence that my client's company knows what the dealerships do?

Headburg: How could they not know? These guns are used -

Lawrence: It's a guess on your part, right, Mr Headburg? You have no specific information as to what my client knows. This is your opinion.

Headburg: The fact is that one buyer with a clean record can walk into a store and buy a hundred assault weapons. My opinion is that he doesn't want all these guns for himself. My guess is that the dealers and the manufacturers take the money and wink.

Lawrence: You work for an anti-gun research foundation, don't you, sir?

Headburg: Yes.

Lawrence: And you have no actual knowledge as to my client’s marketing strategies, do you, sir?

Headburg: No actual knowledge. They do an excellent job of keeping that secret.

Lawrence: Lucky we have you to just fill in the blanks.

Lindsay: (while writing and without looking up) Objection.

Judge: Sustained.

Lawrence: These opinions you have, do you try to pass them off as data in your studies?

Headburg: All of our conclusions are suggested quite persuasively by the data, Mr Lawrence.

Lawrence: And as you work for an anti-gun research project, is it just possible that the conclusions came before the data?

Headburg: No.

Lawrence: No. Now there's a truthful response.

Lindsay: (looking up for this one) Objection.

Judge: Sustained.

We see Lindsay and Jimmy walking down the hall.

Jimmy: He hung tough. I think he did damage.

Lindsay: I think so, too.

They turn the corner and see Mr Hyde surrounded by reporters and camera people.

Hyde: A case like this represents the perversity of a legal system gone amock. Here we have a cause, coupled with an attorney of questionable character such as Mr Berluti - (he keeps talking as Jimmy speaks)

Jimmy: What the -? (Lindsay shakes her head warningly as if to say don't let it get to you)

Hyde: - Who conspires to go out and seek out a victim. Any victim he can saddle up and ride in this liberal jurisdiction of Massachusetts.

Jimmy: (walking forward) You're a jackass, you know that?

Lindsay: Hey, (she grabs his shoulder and tries to push him away from Hyde): Go shoot somebody and smile!

Lindsay: Jimmy - (she begins to push him through the throng of reporters)

Hyde: We have just heard from the ambulance chasing, sacker of the -

Jimmy: Ambulances filled with gunshot victims!

Lindsay: Jimmy, put -

Hyde: This is an attorney who advertised on television as 'Jimmy the Grunt'. This is a man who capitalises on people's personal pain on a - on a contingency - (Lindsay looks back as she pushes Jimmy around another corner)

An apartment building. Eugene and Bobby are waiting in the hall. The door opens and a woman looks out suspiciously.

Eugene: Mrs Baker? I'm Eugene Young, this is Bobby Donnell. I'm Kendall Young's father. We're both attorneys at law.

Mrs Baker: What do you want?

Bobby: We just have a couple of questions. It'll only take a minute.

Mrs Baker: Come in. (they enter) Michael, take Kevin and go to your room please. (they don't move) Now. (Michael takes Kevin's hand and leads him away) I know what this is about.

Eugene: So you made the call?

Mrs Baker: Yes.

Eugene: My son says he was set up.

Mrs Baker: Is that what you told him to say?

Eugene: Excuse me?

Bobby: I'm sorry, Mrs Baker, but somehow we've gotten off on the wrong foot. All we're trying to ascertain here is why you made the call.

Mrs Baker: Kendall's dealing drugs. He tried to get Michael to do the same.

Eugene: I don't believe that.

Mrs Baker: Believe it.

Eugene: Do you know my son? If you knew my son you'd know that that's just not possible.

Mrs Baker: (walking across the room) Do you like my clock? It has a tiny camera inside. A nanny-cam. I figure with what you hear on the news, you can't be too careful. Two nights ago, I come home and I find this on the machine. (she presses a switch)

Kendall: (on video) We can make some money.

Michael: (on video) When are you gonna get it?

Kendall: I meet him at 4:30, he's gonna give me eight bags.

Michael: You heard Brian Armstrong got committed in DYS.

Kendall: He's 14. We're 11. Juvy. Big difference, especially is we deal more than a dozen feet away from the school. The park's better, we don't need to be a hundred feet away.

Michael: But what if we get busted?

Kendall: My dad says that if you get caught, never admit to anything. Even to your lawyer because they'll be stuck with whatever you tell em.

Mrs Baker switches off the TV and looks at Eugene with an 'I told you so' look on her face. Eugene is in shock.

The conference room. Jimmy, Lindsay and the Kimbrows are seated at the table.

Kimbrow: (in disbelief) One thirty-five?

Lindsay: No admission of liability. I think we can push them to one fifty.

Mrs Kimbrow: But they don't even admit to blame.

Lindsay: No. But the fact that they're paying money, people can infer blame.

Jimmy: We think we should accept. The kid who shot your daughter, we've got no evidence as to how he got the gun, whether it was any connection to how it was marketed.

Kimbrow: I'm sorry. Mr Berluti, when you agreed to represent us, you stressed that this was about money. And I know that your contingency is hanging on... (takes a deep breath) What we really want is a verdict.

Lindsay: I don't think you'll get it.

Kimbrow: I know this seems very selfish of us, but we can't settle out on Lisa's death.

Mrs Kimbrow: What we want to try to do is affect the way these people do business. One hundred and fifty isn't even a pinch to them.

Lindsay: We're not going to affect the way these people do business, Mrs Kimbrow.

Kimbrow: We don't have any money now, but I am willing to pay you by the hour so that you don't lose out.

Jimmy: That's not an issue. If you wanna keep going, then we'll keep going.

Mrs Kimbrow: (after a pause and so quietly you can hardly hear her) Thank you.

Sharon's kitchen. Kendall is seated at the table, with Eugene and Sharon standing on opposite sides.

Kendall: They can search it without a warrant?

Eugene: Don't worry about they. They are the least of your concerns right now. Worry about me. Now why're you selling drugs? (Kendall doesn't answer) Answer me!

Sharon: Eugene.

Eugene: He's dealing. I can't believe you'd be so stupid -

Sharon: If you would stop yelling at him -

Eugene: And you stop protecting him. (walking around the table and right up to her)

Sharon: I'm not protecting him. I want to hear what the boy has to say. (Eugene swallows and turns back to Kendall)

Kendall: I'm sorry, but -

Sharon: But what?

Kendall: It's just marijuana. It's like selling beer.

Eugene: (rolling his eyes) Oh, that's a good response. (to Sharon) Aren't you glad you heard that?

Sharon: (walking over to Kendall) Kendall, do you smoke pot, and drink beer?

Kendall: No. I just thought I could make some money. I don't do that stuff, I swear.

Sharon: Like you swore those drugs weren't yours.

Kendall: Technically, they weren't mine. I got 'em on consignment.

Eugene: What!? How do you know a word like that? And who gave 'em to you? (leaning over Kendall) Boy, who gave you the drugs?

Kendall: He goes by Robby G. I don't know his full name.

Eugene: (quietly in recognition) Bobby G.

Sharon: (shocked) You know him?

Eugene: I don't know, maybe.

Sharon: Either you do, or you don't.

Eugene: He might work for a client of mine, I'm not sure.

Sharon: That's nice. Father and son. Both working for the same guy.

Night-time, at the office. Jimmy and Lindsay are both working at their desks.

Jimmy: I always make this mistake. I buy a new pair of shoes for trial, they're not broken in, and I get a blister.

Lindsay: (turning to him) Try mine. (They both smile. There's a pause) You're still chasing the ghost of Jimmy the Grunt, aren't you?

Jimmy: You tried to stop me from making that commercial, I remember.

Lindsay: Jimmy, you've come a long way from Jimmy the Grunt. Look, we even have an offer here, which is a miracle!

Jimmy: How come with the tobacco company, you were like Don Quixote, (standing) but here...?

Lindsay: We had a much better case against the tobacco company. And you know how people love guns.

Jimmy: But don't you agree that these companies are supplying criminals?

Lindsay: Yes. (she nods) But -

Jimmy: But what?

Lindsay sighs, then slowly opens one of her desk drawers and removes a key. With it she unlocks one of bottom drawers, and removes from the top of some files a small hand gun. Jimmy is shocked.

Lindsay: Working late here, with the crazy loons we represent... I don't want gang members getting a hold of guns like these, I don't. But I'm glad I got mine.

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

The conference room, the next morning. Jimmy is seated at the table. Lindsay walks to the door.

Lindsay: Ready?

Jimmy: I think.

Lindsay: The key is not to try to pin him. He testifies in all their trials, he's like a professional witness now.

Jimmy: But I got to go hard, don't I?

Lindsay: For him, I'd keep it under control. Plus, don't press for answers. Do your damage with the questions and then cut him off. You have to cut off the reponses, he's persuasive. Stick to yes and no as much as you can.

Jimmy: Okay.

Lindsay: Oh, you have some ink on your face. (they both reach up to rub it off.)

Bobby's office. Ellenor walks in.

Ellenor: It seems they can search the locker.

Bobby: Without a warrant?

Ellenor: Comes down to reasonable suspicion.

Rebecca: Which they didn't necessarily have. The informant has to be reliable.

Bobby: The tip didn't come from a snitch, Rebecca. It came from some kid's parent.

Rebecca: But there's no evidence the principal knew the parent, which means she has no basis to determine his reliability. Also, on the tape, Kendall said that it was bad to have drugs near the schools, that would go against suspicion of the locker.

Ellenor: The tape isn't relevant to probable cause. The principal didn't even know about the tape when she okayed the search. She was just acting on what the parent said.

Eugene: And she didn't know the parent.

Ellenor: Which means they wobble on reliability. I think Rebecca's right. We could shut this down.

Bobby: All right. The DA is Steve Bennett. Helen agreed to talk to him, I'm on my way to see her.

Eugene: I'm coming with you.

Bobby: No, you're not. I'll have a better chance without you there.

The courtroom.

Hyde: The idea that we market to criminals is an absolute lie.

Lawrence: Your ads do show young men with guns.

Hyde: As do ads for trucks. We shoot for a rugged demographic. To say that means criminal is irresponsible, if not repugnant.

Lawrence: Okay, but Mr Hyde, you don't deny sometimes your company's products fall into the hands of people who use them for criminal purposes.

Hyde: Look, we comply with every federal and state safety regulation, every distribution regulation. What more can we do? This is the equivalent of holding Ford Motor Company liable because somebody buys one of their Broncos and runs over people.

Lawrence: I guess their argument would it's more foreseeable that a gun would end up in the wrong hands than a Bronco.

Hyde: And I don't dispute that. But nor can we control the chain of custody of our product after we sell it. A lot of these guns used in crimes are stolen.

Jimmy: You're familiar with recent studies showing that almost half the hand guns used in crimes are legally bought from licensed dealers.

Hyde: Oh, I'm aware of the studies. I don't agree with the data.

Jimmy: But you're aware that these studies show these guns are bought by straw-purchasers, for people who can't legally buy them.

Lawrence: Objection, he's trying to introduce studies and research as evidence.

Judge: Sustained. The jury will disregard it. Mr Berluti, that's enough.

Jimmy: (walking over and turning over a mounted advertisement) This your ad for the TAC-10?

Hyde: Yes. One of the elements -

Jimmy: There's no question before you, sir. Is it your testimony that you do not try advertise to people who might use your guns for criminal purposes?

Hyde: That is my testimony.

Jimmy: Referring to an advertisement running in this month's Soldier Fortune magazine, talking about the TAC-10. Does it represent the weapon to have excellent resistance to fingerprints?

Hyde: There's a context -

Jimmy: It's a yes or no question, sir. Does the advertisement represent the weapon to have excellent resistance to fingerprints?

Hyde: Yes, but there is -

Jimmy: Thank you. You testified that you follow all state and federal regulations with respect to distribution, did you not?

Hyde: Yes.

Jimmy: Again, this is a yes or no question. Does your company ever sell gun kits through the mail?

Hyde: Yes, but -

Jimmy: You've answered the question. Sir, my understanding of gun kit, it's not considered legally a gun since it doesn't include a receiver. Would my understanding be correct?

Hyde: Yes.

Jimmy: And since it's not legally a gun, no background checks are necessary. A convicted felon could order these kits through the mail. Would that be true?

Hyde: Yes.

Jimmy: Do you also advertise something called a frame flap that can be bent into a receiver?

Hyde: The context of that -

Jimmy: It's a yes or no question.

Lawrence: (standing) Your Honour, I object.

Judge: Overruled.

Lawrence: He should be allowed to finish his answers.

Judge: He's being asked yes or no questions. The objection is overruled.

Jimmy: Your company advertises these frame flaps, true or not true?

Hyde: True.

Jimmy: You also supply your customers with an 800 telephone number they can call for assistance in how to make a frame flap into a receiver?

Hyde: We have an 800 number that offers general assistance.

Jimmy: Assistance including how to turn a frame flap into a receiver!

Hyde: Yes.

Jimmy: If I were a convicted felon, and I wanted a gun. To avoid a background check, I could order one of your gun kits, order a frame flap, call you up, and you'd help me make the receiver.

Hyde: There are a lot of law-abiding people, Mr Berluti, that enjoy making their own guns.

Jimmy: Sure. Okay. (he sits)

Lawrence: (standing) Why do you advertise that the gun has a resistance to fingerprints?

Hyde: Well, it refers to the moisture and oils on the hand, a moisture that can corrode the metal. We're talking about a finish that goes to the gun's wear and tear. It has nothing to do with avoiding police fingerprint detection.

Lawrence: Thank you. (he sits)

Jimmy: (standing) Your ad doesn't read resistance to moisture which causes corrosion. It reads resistance to fingerprints, right?

Hyde: Yes.

A hallway. Bobby and Helen are walking quickly.

Helen: He's willing to continue without a finding. One year probation, but if you move for a suppression hearing, then he's going to recommend a delinquent finding.

Bobby: Oh, come on.

Helen: (stopping) Bobby, they can make intent with this kid. They're offering probation.

Bobby: All I'm asking is that they don't pull the offer if we challenge the search.

Helen: It's policy, I -

Bobby: It's Eugene's son.

Helen: I understand, but, Bobby, if we ever did that for you or Eugene, come on. You know how this goes. (the elevator arrives and she gets in) Why are you even blinking? Just take the no finding and probation and be thankful.

The office. A man walks through the door and stops at Lucy's desk. She looks at him suspiciously.

Best: I'm here to see Eugene.

Lucy: And you would be?

Best: Charles Best. (Lucy looks at him uncomprehendingly) Eugene paged me.

Camera cuts to inside Eugene's office. Lucy opens the door and Best walks in.

Best: Hey, Eugene. What's up?

Eugene: (to Lucy who is still standing there) Thanks. (she leaves. To Best) You still got Robby G running for you?

Best: Why? Is he in trouble again?

Eugene: I just need to know. You can tell me. I'm your lawyer.

Best: Yeah. He's still on the payroll. Now, are you gonna tell me what's going on?

He's cut off as Eugene springs out of his chair, takes Best by the collar and holds him down on his desk.

Eugene: Bobby G hooked up with my son. You running a school business, Charlie?

Charlie: I'm running a -

Eugene: As of right now you're out of the school business, you hear me?

Rebecca: (coming to the door of Eugene's office) Eugene -

Eugene: I need a second (Rebecca immediately backs up) If I hear the slightest word that you're anywhere near a school and I'll let you know, I'm going straight to the cops with everything I got on you. (he lets him up) Now, get out! (Best leaves. Rebecca gives Eugene a long look, and then walks away.)

The hallway at the courthouse.

Mrs Kimbrow: Three seventy five?

Jimmy: It's better than we ever hoped.

Lindsay: Susan, Doug, I know. I know how much you want that public verdict. But you have to remember, in the beginning, it was our goal to do well enough to force an offer. We're here, we've got a great offer. You're in debt, you can use this money. Trust me, I'm not thinking about our contingency here, I'm thinking of you.

Mrs Kimbrow: And I don't doubt that, Lindsay. But we keep thinking of Lisa.

Lindsay: (sighs) Tell you what. We still have closing arguments, I don't think the offer's going anywhere. We'll see where we are after summations.

Mr Kimbrow: Okay. Okay. Sorry to be doing this to you.

Lindsay: This is your case, Mr Kimbrow, not ours.

Mr Kimbrow: Yup. (he takes Mrs Kimbrow and they walk off)

Lindsay: (turning to Jimmy and sighing again) Jimmy, I hate to put pressure on you, but your closing has to be great. If for no other reason than to keep that offer on the table.

Jimmy: (sarcastically) Thanks, Lindsay.

The office at night, in Eugene's office.

Bobby: We can't risk it, Eugene.

Eugene: Probation puts him in the system. That means he's reporting to case workers.

Bobby: Yes. For a year. But if we challenge PC and lose, he's branded a delinquent. That stays on his record for life. Every time he applies for a job -

Eugene: I can win at probable cause, I checked the case law.

Bobby: Eugene, -

Eugene: I can win it, Bobby. I don't want my kid put into the system when I know I can beat it.

Ellenor: Eugene, we have a client here found with enough marijuana to warrant an intent to distribute conviction. We've been offered probation, it would be malpractice of us to turn it down. Let us help him as his lawyers. You help him as his father.

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

The courtroom.

Judge: Mr Berluti, we'll hear from you.

Jimmy: (standing and walking to the jury box) Something like ten percent of all high school kids have been shot at. There are more licensed gun dealers in this country than gas stations. Guns are all over. Hey, second amendment, red white and blue. Free country. Truth be told, I thought of getting one. Protect myself, in my home. My right. But this, this isn't a self defence gun. It's a spray fire assault weapon. Who do they make these for? Hunters, collectors, skeet shooters? They know who buying these things. Just like we all do. And even if they claim not to know about the black market those guns go almost directly into when they leave the shops, they can't deny knowing about all these studies that say this is what's happening. Who are we kidding? They sell gun kits to beat the background checks. They advertise resistance to fingerprints claiming oh, it's a moisture corrosion issue. Do you really believe that? Do they really expect you to? Guns don't kill. People do. That's a nice jingle. But when you promote assault weapons, when you flood the market with them and gee, they go off in the hands of the very criminals you derive your profits from, you gotta take some responsibility. That's all we're asking, ladies and gentlemen. We're not in here calling them murderers. We're just saying it's foreseeable that there's a black market for these guns. It's foreseeable where these guns will eventually end up. It's foreseeable that people will use these guns to kill. Foreseeable that people like Lisa Kimbrow will end up dead. Whose buying these things? Just a little responsibility. That's all we ask. (he sits down and Lawrence makes his way to the jury)

Lawrence: Every thirteen seconds, an American gun owner uses a firearm to defend against a criminal. He didn't mention that in his closing, did he? The TAC-10, as the testimony revealed, is viable for both self defence and recreation. He forgot to touch on that as well. My client never met the man who shot and killed Lisa Kimbrow. There is no evidence to suggest that this person ever saw Pearson Herron's advertising. There's no case here. Man uses a weapon to kill somebody, let's sue the person who made the weapon, that's what they're saying. Well, then, if somebody gets stabbed, let's sue the cutlery manufacturer. Drunk driver hits someone, sue Chrysler. Man bludgeons somebody with a baseball bat, sue Louisville Slugger. Woman gets poisoned, sue the pharmaceutical company. There's a deep deep pocket behind every instrument, isn't there? Like automobiles and baseball bats and carving knives, guns, when used as directed, are safe. A vast majority of gun owners are law abiding people who use them safely. I agree this case really is about responsibility. We're becoming this litigious nation where every time a tragedy occurs we find a deep pocket to sue. Ray Brown killed Lisa Kimbrow, not Pearson Herron. Responsibility means going after the ones responsible. And not just the ones with the money. (he sits down)

Sharon's house. Eugene and Kendall are sitting, Sharon is leaning against the kitchen counter.

Eugene: I hope you know the bullet you dodged. You also better know, you get arrested again, this case comes alive again. And you get a guilty finding that labels you a delinquent for the- you look at me - the rest of your life. First, you're grounded -

Kendall: You're grounding me at Mom's?

Eugene: Keep your mouth shut. Second, I want you at my office this afternoon. I want you to look Bobby, Ellenor and Rebecca all in the eye and thank them for devoting the last twenty-four hours to you. Third, part of my anger at you comes from fear, Kendall. This thing has scared me like -. As angry as I am at you, I know we gotta do something. I'm signing us both up for a drug awareness program, and I hope your mom will come too. You can see I'm angry, but I hope you also see I love you.

Sharon: Kendall, go to your room.

Eugene: I'm not quite done here.

Sharon: Kendall, go to your room. I need to talk to your father. (he leaves and Eugene stands) I don't want him going to your office. I don't like what goes on there, I don't like what he learns there.

Eugene: You're blaming me?

Sharon: I don't want him there.

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

A room at the courthouse.

Lindsay: (walking around the table and sitting) They're worried.

Jimmy: Six hundred thousand dollars?

Lindsay: (nodding) Yes.

Kimbrow: I can't believe it.

Jimmy: Doug, Susan, in my opinion this is like an admission of blame.

Mrs Kimbrow: Obviously, you think we should take it.

Jimmy: I can't see how we can't.

Mrs Kimbrow: (to Lindsay) You think so too?

Lindsay: Actually, no.

Jimmy: It's just - (turning to Lindsay) what?

Lindsay: I think your closing hit the mark, Jimmy. So do they, so do their consultants. And if it's a judgement for the plaintiff, it'll have to more than six hundred.

Kimbrow: Now you think we should go for it?

Lindsay: I don't know. Six hundred thousand dollars is a lot of money. I wouldn't be quick to turn it down, but my gut says we'll get more.

Jimmy: (uncertainly) But, the judge could throw it out, just like in the powerlines case. He just threw it out.

Lindsay: Well, he didn't grant the directed verdict. The New York verdict didn't get thrown out. (to the Kimbrows) It's your decision.

Mrs Kimbrow: Honey, six hundred is more than we know what to do with. Why get greedy?

Kimbrow: Cause we want a verdict. And if she thinks we can get one -

Mrs Kimbrow: We're broke. Are you sure?

Kimbrow: We started this for Lisa. Let's finish for her.

Jimmy: (aside and quietly to Lindsay) Are you sure?

Lindsay: (shaking her head and speaking matter of factly) No.

The office. Eugene is looking through books, and Sharon walks in.

Eugene: (surprised) Sharon? You wanna go in my office?

Sharon: (uncertainly) Yeah (Eugene begins to walk away) No, wait. I told my lawyer I could handle this, but I forgot to ask whether I needed witnesses to do this.

Eugene: (confused) To do what?

Sharon: To serve you with this petition.

Eugene: (looking at the papers) Change child custody?

Sharon: I don't think you've been a positive influence in Kendall's life. I'm willing to agree to some very limited supervised visitation, but that's it.

Eugene: You wanna deny me access to my own son?

Sharon: You saw that tape, Eugene. He learned what he learned... (she breaks off and looks at Rebecca, Lucy and Ellenor watching them) Maybe we should go to your office.

Eugene's office.

Sharon: I'm sorry to do this.

Eugene: You think it's in his interest to deny me joint custody.

Sharon: I do. Look, I know what you do is important work. But to him, when you make drug dealers defendable, you make them excusable.

Eugene: It's not that simple, Sharon. You can't be laying this on me.

Sharon: It may be unfair, but I gotta go with my instinct. I don't like what he's becoming around you. I'm sorry. (she leaves)

The courtroom. The clerk hands the judge the verdict, he reads it and hands it back to her.

Judge: The clerk will read the verdict.

Clerk: On question one, was the defendant negligent in the marketing, advertising and distribution of this product, we answer yes. On question two, was the negligence of the defendant an approximate cause of the injuries and death, we answer yes. Question three, what amount of damages will fairly compensate the survivors, answer seven million dollars.

The courtroom reacts with surprise. Jimmy's eyes bulge, but other than that he doesn't move. Mrs Kimbrow begins to cry, and she hugs her husband. Lindsay smiles and looks at Jimmy in satisfaction.

Judge: The court has found for the plaintiff.

Lawrence: (standing) The defendant notes it's appeal for the record.

Judge: The jury is dismissed with the thanks of the court, we're adjourned. ( he bangs gavel)

Mrs Kimbrow: (standing and turning tearfully to Jimmy and Lindsay, as she hugs first Lindsay, then Jimmy) Thank you, thank you.

Kimbrow: I don't know what to say.

Jimmy: Me neither.

Lindsay: (taking Jimmy's arms) Jimmy, you did it. You did it.

Jimmy: And the judge didn't throw it out. I didn't hear him throw it out.

Lindsay: He didn't throw it out. (she hugs him)

Jimmy: Did they say seven million?

Lindsay: Yeah.

Jimmy: I think I'm gonna fall over. Can you hold me up just another second?

Lindsay: (laughing) Don't throw up on me.

Jimmy: Oh, I won't do that, no. The judge didn't throw it out?

Lindsay: (laughing) He didn't throw it out.

Jimmy: Cause I didn't hear him throw it out. (she hugs him again)

The office at night again.

Ellenor: (in wonder) Seven million dollars?

Lucy: Yeah, that's what he said.

Rebecca: Have you talked to Lindsay? Sometimes Jimmy gets things wrong.

Lucy: It's seven million.

Ellenor: I don't believe it.

Rebecca: Is this the first plaintiff's verdict?

Ellenor: Second, don't forget the New York case.

Lucy: He's gonna wanna be made partner now.

Bobby: Woah,

Rebecca: I think he should

Ellenor: Is he gonna get a commission off of this? I'm just curious. He's also gonna be making more money than me this year.

(the camera falls back and screens through the partially open door into Eugene's office. He's sitting at his desk looking sadly at a photo of Kendall)

-------------------- End --------------------

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