The Practice

State of Mind (309)

written by Jill Goldsmith and David E. Kelley


Part V.
Trees in the Forest
State of Mind
Love and Honor
Lawyers, Reporters and Cockroaches
End Games
Target Practice
Crossfire
Closet Justice
Home Invasions
Infected
Happily Ever After
BOBBY: What's this?

LUCY: Oh! It's Christmas! Surely, you've heard of it.

BOBBY: It's the first week in December...

LUCY: The people who don't like Christmas are the people who get behind in their shopping. And the reason they get behind is because it sneaks up on them. It's not sneaking up in this office. Not under my watch.


LUCY: Bobby, Bobby. Two things. One, good luck. Two, sorry if I embarrassed you. I didn't mean to. But, it was an awesome kiss. Not that I have any designs, but if your lousy personal life comes from any insecurity, you should know that 90% of women are looking for a cute guy, with a steady job, who can kiss. You're three for three!


MS BAYLOR: We have been sitting here over an hour, Rebecca. You haven't given me anything.

REBECCA: I said that I will talk to the principal. But I have to tell you school's are big on sexual harassment policies -

MS BAYLOR: Big cause all these rat lawyers got em running scared of getting sued. It is a big, cover-your-ass disgrace.

REBECCA: Yes, I'll stick that argument in a foot note and not lead with it. But that does give me an idea as to how the word ass slipped into his vocabulary.

MS BAYLOR: You be the lawyer, all right? Not the mother.

MICHAEL: Why are you two always fighting?

REBECCA: I am not fighting.

MS BAYLOR: You watch your mouth, all right, Michael? You talk with some respect. Plus which she might hit you.

REBECCA: Hey. One more word like that and you can get yourself another rat. Are we clear?


REBECCA: It's a note. Passing a note in the back of a classroom.

JUDGE: A note containing a sexual description that might-

REBECCA: She's got a nice ass.

JUDGE: It's sexual objectification.

REBECCA: Oh, come on.

Someone else: And as silly as it may seem, the policy at Brockton is no difference from every other school across this country.

REBECCA: That only makes it more ridiculous. He's 10 years old. Kids write on bathroom walls, kids pass notes.

JUDGE: And what if he should do more than that? What if he commits a sexual assault?

REBECCA: Well, then you suspend him, but for a note you don't suspend -

JUDGE: The point is the school has notice of the note and therefore could be held liable if his behaviour escalates.

MS BAYLOR: I knew it! This is just some cover-your-ass lawyer -

REBECCA: Ms Baylor. Your Honour, we are getting carried away here.

JUDGE: Now, are you saying that your client is being treated unfairly under the policy, or that the policy itself is unfair?

REBECCA: I am saying if we are at the point where girls and boys can't talk to each other at school, if they can get suspended for passing notes, what is going on?


JIMMY: They don't wanna settle for nothing, but I'll try to sell four.

TOMMY: Four hundred's not gonna do it, Jimmy.

JIMMY: Tommy, even if you win, you're looking at automatic appeal. This case is threshold. Suppose the jury gives you a million, end of the day, present day value of four turns out to be more.

TOMMY: Mmmm, I understand. Off the record?

JIMMY: Course.

TOMMY: My client's wealthy. He's dying of cancer. It's not about money. He wants you guys out of business. At first I thought he'd take a million. Clients come in angry, then they settle down, you know how it is. But he ain't settling down. He wants you guys selling your furniture.

JIMMY: Client comes to me with that kind of revenge on his mind I tell him to go get another lawyer.


JUDGE: Pretty soon, it will be illegal for a boy to give a girl a flower. I share the petitioner's concern. I also share the notion that a school is a child's first introduction to society. It should be no less sexually charged just because they're children. In fact, because they're children, maybe these school policies are our best hope of one day curtailing gender hostility and discrimination. We're quick to say education beats retribution, so let the schools try to educate. I'm upholding the suspension.

MS BAYLOR: Oh, you gotta be kidding me.

REBECCA: Roberta.

MS BAYLOR: The world has gone upside down.

JUDGE: I agree. But since passing a note as an adult could cost him a lot of money and even his job, maybe it's best to give him the message now.

MS BAYLOR: And maybe it's time to change a stupid, ridiculous, God-awful, laugh-out-loud, dumb law.

JUDGE: There's always that.


BOBBY: Can I ask you something? Are we a couple? I mean, a couple in waiting. We've kissed, we... What are we doing? Or, not doing?

LINDSAY: What's going on? Are you dying? Why is this suddenly coming up?

BOBBY: Well, isn't it strange that we don't address... Obviously we have feelings...

LINDSAY: You're asking me if it's strange that you don't address your feelings?

BOBBY: Was I just insulted?

LINDSAY: Bobby, I was in love with you once. Maybe I still am, but I don't think -

BOBBY: What?

LINDSAY: Do you really want to get into this?

BOBBY: No.

LINDSAY: This isn't a great life. Great job, but life? I need somebody to pull me out of this a little. And whatever you may be, you'll never be that.

BOBBY: So, we're not a couple in waiting?

LINDSAY: Truth? I could fall in love with you all over again if I let myself. But I won't.


REBECCA: Roberta?

MS BAYLOR: I couldn't sleep all night. I wanna appeal.

REBECCA: We can't appeal. And even if we could -

MS BAYLOR: He's a good kid.

REBECCA: Well, nobody's saying he isn't. Are you okay?

MS BAYLOR: What chance has he got? You know, I try to get him to stop stealing, and the best way to do that is to keep him in school, but the school throws him out. And the courts won't help me. I'm all by myself. His dad only comes to see him on weekends and I try...

REBECCA: Hey, hey. Nobody is blaming you here.

MS BAYLOR: He's getting away from me. You know, the last couple years he is a good kid. And now he's out stealing bikes... He needs something I can't give. And I don't know what to do about that.


JUDGE: I just received a question from the jury. I'll tell you how I plan to respond and then give counsel for the state and the defence the opportunity to give any comments or objections. The question is - no, actually it's two questions. First they would like to know if they can have more water, and second, they would like to know if killing an infant, in and of itself constitutes extreme cruelty.


MR MAYFIELD: So, what's going on?

BOBBY: They're deciding between murder one and murder two.

EVELYN: H -h-how?

BOBBY: The question was about extreme cruelty. One of the elements necessary for a first degree charge.

MR MAYFIELD: Well, maybe they just didn't understand it.

BOBBY: That isn't it. They're not deciding between guilt or innocence anymore. It's between first and second degree. I doubt that the DA would be even willing to offer manslaughter right now, but I should at least try.

EVELYN: No.

BOBBY: Evelyn -

EVELYN: I'm not going to agree to manslaughter.

BOBBY: Are you even listening to what I'm telling you?

EVELYN: God won't let them convict me. I know he won't. I know it.

BOBBY: Listen, I think God has dropped the ball here. Either that, or Helen Gamble got to him.


BOBBY: The case against us is stacked. Dead sister, brother accused, life ruined, father dying, evil defence lawyers... This case is tailor made for Tommy Silva. He will tap into the people's contempt for lawyers. Jimmy is a teddy bear. He's good. In my opinion he represents our best chance.

Ellenor: All right, why don't we just take a vote. All against?

BOBBY: All for? Mine counts for two, remember?

Ellenor: Rebecca, you're a partner too. He can take all of your property as well -

BOBBY: Ellenor. Let her make up her own mind.

REBECCA: I'm with Bobby.

BOBBY: Three to three, I decide tie breakers, Jimmy gets the case.




transcribed by Ryana

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