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Previously on The Good Wife...

 

ELI:
We should replace her.

 

I can't fire someone
because they're too pretty.

 

Then don't. Promote her.
Move her laterally.

 

I'm in.

 

With Agos/Florrick.

 

Florrick/Agos.

 

Look, we can't keep skulking around.

 

We have to cut the cord
at some point.

 

People want to wait for bonuses.

 

DIANE:
An interview?

 

On what subject?

 

There will be questions
about Will.

 

Peter really needs you to get
the chief justice on your side.

 

So I trash Will,
or I'm not nominated?

 

My life is taken up
with client maintenance these days.

 

Why is everybody so unhappy?

 

I gave an interview
to the Law Advocate.

 

Just now.

 

I talked about you.

 

Okay.

 

They asked about your suspension.

 

No, I-I talked about your suspension.

 

What did you say?

 

That we were lucky.

 

We thought you were going
to be... disbarred.

 

I talked about the money.

 

The $45,000 that you took.

 

How we agreed that it was wrong.

 

Why?

 

The chief justice would
only support my judgeship

 

if I made a clear statement.

 

You talked about the money?

 

I was sitting there and I realized...

 

I... I'm sorry.

 

I was wrong. The interv...

 

Ms. Lockhart?

 

Ms. Lockhart, Lisa asked me
to give you a message.

 

Eli Gold called
and wanted you to know...

 

Don't worry about giving the interview.
He found another way.

 

(Camera squeals)

 

WOMAN:
And you have said, Mr. Florrick,

 

that your governorship will be
the most ethical

 

in the history of Illinois.

 

I mean, that's a bit of a low bar,
isn't it?

 

Given that four of the last eight governors
have been to prison?

 

Well, I've already been to prison myself,
so I guess I'm pre-inoculated.

 

(All laugh)

 

That's good.

 

So why don't we try one
with you two kissing arm in arm?

 

- Oh, no, that's all right.
- Just for variety.

 

- No. These are good.
- Shall I bring in the children?

 

- Yeah.
- Mrs. Florrick, can you address

 

the rumors that you two
are still living in separate apartments?

 

I can.
My career is here in Chicago,

 

and Peter's is in
Chicago and Springfield,

 

so we have residences in both.
We use both.

 

So when you're both in town,
you stay together?

 

- Anne.
- What? That is a fair question, Eli.

 

Yes, we do.

 

In fact, I understand that
you're taking a week off

 

to go to Hawaii
to renew your vows.

 

Okay, Anne, are those
really the issues that we want

 

to be talking about?

 

Well, there is concern that
you are handpicking members

 

of the ethics commission,

 

replacing good people with yes-men.

 

ELI:
Really? Concern? From whom?

 

Well, you fired Marilyn Garbanza,

 

one of the most widely
respected ethical watchdogs

 

(phone rings)
in the Quinn administration.

 

- Alicia Florrick.
- Alicia, it's Kathy.

 

I'm not calling for me.
It's for Tara.

 

Oh, Kathy, hi.
Is everything all right?

 

No. There's been a complication.

 

We're at Dr. Tuft's office,
and Tara's headed over here now.

 

Can you come?
I think she'll need you.

 

Sure. Are you okay?

 

I'll see you in a minute.

 

Zach, where's your sister?
I have to head out.

 

She's right there.

 

Grace?

 

Mom, hey.

 

Oh, Grandma got it for me.

 

Do you like it?

 

It's... Wow.

 

Is that a good wow?

 

It's a "You don't look like yourself" wow.

 

(Chuckles)
(Rock music playing)

 

(Rock music continues over headphones,
phone ringing)

 

(Lower music volume)

 

Yes.

 

Mr. Gardner, this is Mandy Post.

 

I'm fact-checking an article

 

I'm writing about your partner,
Diane Lockhart.

 

And I was wondering if I
could ask you a few questions.

 

Sure. Go for it.

 

Have you stolen any more money
from clients since the $45,000

 

you took ten years ago?

 

Actually, that's another call,
Ms. Post.

 

Can I call you back?

 

Certainly.

 

(Music resumes playing)

 

¢Ü Ah... We won't be quiet ¢Ü

 

¢Ü Ah... We're gonna get wild! ¢Ü

 

Kalinda, I need you to look
into Diane's work on her cases.

 

What am I looking for?

 

Any lapses. Any complaints.
Anything she mishandled.

 

Why? What's going on?

 

Nothing. I just need it done.

 

Wait.

 

Diane hurt us with an interview.

 

We need to ask her
to step away from the firm.

 

And you need her lapses?

 

In case it grows contentious.

 

Will, one thing I know,

 

you look into her lapses,
it will grow contentious.

 

I need it by tomorrow.

 

¢Ü We're not gonna fight their way ¢Ü

 

¢Ü Never ever, ever,
gonna take us down... ¢Ü

 

- Tara.
- Hmm?

 

Alicia, there you are.

 

Is it another amnio?

 

'Cause I have class in, like, an hour.

 

Uh, no, I think there's
been some complications.

 

Oh. Are Kathy and Brian here?

 

Yes, they called me.

 

Red Vine?

 

No, thank you.

 

I wasn't sure
after the first amniocentesis,

 

that's why I requested a second.

 

The screening detected
an 85% likelihood

 

of Patau syndrome.

 

It's a chromosomal abnormality.

 

It's very rare.

 

And I'm sorry, but very severe.

 

What is it?

 

It's a surfeit of chromosomes.

 

Most babies with Patau survive
only a few days after birth.

 

And some less than a year.

 

All have major
developmental disabilities.

 

But I don't get it.
I felt him kicking.

 

- Last night, all night.
- And he will continue to kick.

 

There's nothing anyone did wrong, Tara.
This is not about the surrogacy.

 

And what do we do now?

 

Well, that's why I wanted to get
to you as early as possible,

 

so you'll have options.

 

You're in the second trimester,
so... termination is still a possibility.

 

- I am so sorry.
- Shh...

 

BRIAN:
We'll pay for everything.

 

Not just the clinic, but the
full amount for the surrogacy.

 

- It's okay.
- No, Tara, you're part of this family now.

 

We'll deal with this together.

 

Dr. Tuft suggested a clinic.
We'll make an appointment.

 

- And I'll go with you.
- No, it's fine.

 

(Phone rings)

 

(Whispers):
Um, Will, can I call you back?

 

Actually, we need you
for an emergency committee meeting.

 

We're short of a quorum.
How far away are you?

 

Ten minutes,
but I'm with a client.

 

Come to the office
but go to empty floor on 16th.

 

Make it when you can.

 

Of course, the governor-elect
chooses his own commission.

 

I'll call you back.

 

Ethics commission?

 

It'll die down.

 

They're just probing
for a chink in the armor.

 

I don't think so.
Bring Marilyn back.

 

Peter, that will look just as weak.

 

No, I made a mistake.

 

It looks like I replaced her
because she was too ethical,

 

not because of how she looked.

 

Bring her back.

 

(Elevator bell dings)

 

(People conversing in distance)

 

DAVID: Ah, here's our quorum.
How'd you come here, by bicycle?

 

HOWARD: What size exit package
are we talking about here?

 

DAVID: Well, if she damaged the firm,
I say we discount whatever that amount...

 

With overhead.

 

- What's going on?
- Diane.

 

...one of my biggest divorces.

 

She got a call from this reporter
who wanted to fact-check her article.

 

Diane, is out for herself.

 

HOWARD:
So cut her off.

 

- No, we negotiate an exit package.
- What happened?

 

Diane gave an interview that
exposed the firm to criticism.

 

We're getting calls from clients.

 

We vote.
How many want Diane gone?

 

She wants herself gone.

 

We just ask her to leave
two months early.

 

All those in favor of negotiating
Diane's exit package, raise your hand.

 

Who's taking minutes?

 

It-It doesn't matter.
We just count.

 

Eight to six.

 

Good. Appointments to
the negotiating committee?

 

I appoint myself.

 

You can't appoint yourself.

 

I appoint David Lee.

 

I appoint Howard Lyman and Will.

 

And I appoint Alicia.

 

No. Thank you, though.

 

We need someone who voted
against the exit.

 

You're the balance.

 

(Overlapping chatter)

 

CAREY: Everybody uses
Classic Roman Standard.

 

We're not saying anything

 

if you use a font
that everybody else uses.

 

All of those in favor
of the better-looking font.

 

- Oh!
- I'm joking, I'm joking.

 

All those in favor of
Classic Roman Standard?

 

And all those in favor
of Trajan Pro? Congrats.

 

Our law firm now has a font.
Any new business?

 

CAREY: I heard a rumor I wanted
to share with the group.

 

Heard that Diane was being
pushed out.

 

The partners got together

 

and they're arranging
an exit package.

 

Which would leave
her clients open for poaching.

 

If it's true.

 

As a partner, I am bound
by my confidentiality.

 

I can't say anything.

 

Okay. So I'll count to ten and,

 

if you don't sit down by ten,

 

Diane is being pushed out. One...

 

Guys, I can't.
I can't even hint.

 

Well, you did more than hint

 

when you told us about
the partners tracing our texts.

 

Yes. And I'm not so sure that
was a good thing.

 

Alicia, we're two weeks away
from leaving.

 

Getting a jump on her
clients would mean everything.

 

Six, seven, eight, nine...

 

ten.

 

You can't read anything into this.
(Phone rings)

 

Who does Diane have as clients?

 

CARY: Ushkov Industries.
It's $13 million in billables.

 

Hello.

 

KATHY:
Alicia, what did you say to her?

 

What? Uh, Kathy?

 

Yes. What did you tell Tara?

 

Uh, I didn't say anything.
What do you mean?

 

She wasn't at the clinic.

 

I don't want to do it.

 

You don't want to terminate
the pregnancy?

 

Yeah.

 

You understand that Kathy
and Brian will feel

 

like you're the surrogate
in this equation,

 

- that they're the parents.
- Yeah. Alicia, I can feel him kicking.

 

I don't think he really is
what the doctor says he is.

 

Would you like me

 

to set up another appointment
with Dr. Tuft?

 

No, he'll just say
what he said again.

 

Tara, he has birth defects.
I know

 

it feels like he's healthy,
but he'll be in pain

 

when he's born,
and he won't survive.

 

He has a 15% chance.

 

That's what the doctor said.

 

That's not a real chance.

 

My parents said
I had a 10% chance

 

of getting into DePaul,
but I'm here.

 

Tara...

 

it's not your baby.

 

And you are not my lawyer.

 

Not really.
They're paying you.

 

Yes, but I represent your interests.

 

I represent the surrogate's interests.

 

Then start.

 

It's not your decision.

 

Tara.

 

Tara has decided that
in the best interest of the fetus,

 

she will carry the baby to term.

 

Excuse me. This isn't...

 

- We talked about this.
- I know.

 

Kathy, I can't.

 

He's not sick.

 

- I can feel him.
- You're not a doctor!

 

SCHMIDT:
Okay, hold on.

 

Page 18 of the surrogacy contract, Tara,

 

you specifically agreed to terminate

 

if there were substantial
signs of birth defects.

 

Yes, Tara believes these do not

 

- constitute substantial signs...
- You have got to be kidding me.

 

Kathy, Brian, okay.

 

Really?

 

And have you explained to her
how she will be in breach?

 

I have explained to her her options.

 

We're paying you, Alicia.
She's not paying you.

 

Yes, and as part of
the surrogacy agreement

 

you agreed to pay me
to act in her best interests

 

during the course of the surrogacy.

 

Tara...

 

you're hurting us.

 

- You don't agree with Tara.
- It's not about what I agree with.

 

- So you're just cashing a paycheck?
- No...

 

I am faithfully representing

 

- the interests of my client.
- And the interests of your client

 

involve being the mother of a child

 

- with major birth defects?
- No.

 

Ah. So Tara wants to give birth,

 

and then force my clients
to raise the child?

 

My client has made the choice
not to have...

 

You don't get to use the word "choice."

 

That fetus is wholly
my clients' genetic material.

 

Their egg, their sperm.

 

The only one who gets to choose
is the actual mother.

 

- We would disagree.
- Ah. And that settles that, then?

 

We're suing. Today.

 

W-Wha...
You're suing for what?

 

To force my client to have an abortion?

 

- How does that work?
- Economic devastation.

 

Your client breached her contract.

 

The Isenstadts put over half a million
into this surrogacy.

 

Searching for a surrogate,

 

fertility fees,
Tara's weekly payments.

 

A half million is going
to bankrupt your client.

 

Unless she decides to honor
the terms of her contract.

 

Wow.

 

Then we'll see you in court.

 

No, I won't be seeing you anywhere.

 

You're fired.

 

The Isenstadts are terminating
your employment as Tara's lawyer.

 

Well, they can't do that
until the surrogacy is concluded.

 

No, they can't do that
until the contract is concluded,

 

and you've decided
the contract is concluded.

 

So unless you're into
doing this case pro bono,

 

it was nice meeting you.

 

(Will and Diane arguing)

 

WILL:
Not in this context.

 

DIANE:
Are you serious?

 

You put your interests
over the interests of the firm, Diane.

 

- This is my firm!
- It was your firm.

 

Then get the security guards.

 

- Carry me out.
- No.

 

We have enough respect for you
not to make this a public spectacle.

 

You want to end it this way?

 

Diane, you ended it.

 

Now, go be a judge.

 

We have work to do here.

 

5.03 - A Precious Commodity
Sync and corrected by Elderfel
www.addic7ed.com

 

(Phone ringing)

 

- Hello.
- BOY: Is Grace there?

 

No, this is her mother.
May I ask who's calling?

 

Jimmy Lawrence.

 

She should be back in an hour.
What is this regarding?

 

Was that for me?

 

No, Grace.

 

Who's Jimmy Lawrence?

 

Someone from school.

 

Why?

 

Well, he was calling for Grace.

 

Zach, is something
going on with your sister?

 

No.

 

But something's going on?

 

Zach, what?

 

Grace has nothing
to do with this, Mom.

 

It's... it's not her.

 

(Sighs)

 

But Grace...

 

I don't understand.

 

Where...?

 

So that's why this kid is calling?

 

Lots of kids.

 

ELI:
We want you back, Marilyn.

 

Yes, I thought that we were
a bit hasty in moving you

 

to the Transit Authority Board.

 

Promoting me
to the Transit Authority Board.

 

Yes, well, we heard you weren't
very happy there.

 

- Yeah, I didn't feel... qualified.
- Then come back to us.

 

We're reorganizing
the ethics commission,

 

giving it more power.

 

We'd like you to head it up.

 

PETER:
And we'd like to announce today.

 

In what way, reorganizing?

 

Well, the ethics commission

 

has always seemed isolated
here in Chicago.

 

We want to move your offices
into the governor's suite

 

in Springfield... more in the...

 

heat of the action.

 

No, thank you.

 

Wait a minute.
Wait, whoa, whoa.

 

Why not?

 

Pat Quinn governed from Springfield.

 

Rod Blagojevich
governed from Chicago.

 

Each governor is different.

 

Where are you gonna be,
Mr. Florrick?

 

ELI: Oh, he'll be both
here and Springfield.

 

Then why are you adding
all the offices here?

 

- I'll be in Chicago.
- And you want the ethics offices

 

isolated out in Springfield?

 

No, thank you.

 

What if the offices were here?

 

Along with unfettered access...
yes, I'd consider it.

 

(Chuckles):
No one gets unfettered access.

 

Give us a day to think about it.

 

- Okay?
- Thank you, Mr. Florrick.

 

- They hate me, don't they?
- No, I don't think they hate you.

 

They want you to consider
all the repercussions.

 

And they can do that?
Take all my money?

 

- I don't even have that much.
- Well, you have

 

the $120,000 coming
from your parents' trust

 

when you turn 21.

 

They can take that.

 

Excuse me one second, Tara.

 

Is that her?
Is that the surrogate?

 

Yes. Look, David, I'm doing this
pro bono, one of mine.

 

- I will not exceed 30 billable...
- I'm taking first chair with you.

 

You're what?
Tara?

 

Hi. I'm David Lee.

 

I am in awe of your courage,
young lady.

 

Life is such a precious commodity,
isn't it?

 

What are you on?

 

Something for Will.

 

I need you to...
No, come to think of it,

 

you're still friends with Cary
and the fourth years, aren't you?

 

What do you need, David?

 

No, that's okay.

 

Robyn, I want you to look
into this Dr. Tuft...

 

ALICIA: And you've been seeing
Tara Bach for how long?

 

I've been her ob-gyn
for about seven months now.

 

I see. And when is she due?

 

In approximately 12 weeks.

 

ALICIA:
And in your professional opinion,

 

- is Tara's fetus viable?
- Objection, Your Honor. Relevance.

 

This is a breach of contract suit.

 

Well, let's find out the relevance.
What's the relevance, Counselor?

 

If Tara's fetus is viable, Your Honor,

 

then she can't abort, and there
is no breach of contract.

 

JUDGE: Well, that makes sense to me,
Counselor.

 

No further questions.

 

Just a few more for the defense.
Thank you, Alicia.

 

What...

 

(Clears throat softly)

 

Why was the amnio performed so late
in the pregnancy, Doctor?

 

- Why? Uh, I-I didn't perform it.
- I know.

 

Dr. Tuft did.

 

But do you know why
the amnio was performed

 

so late in the second trimester?

 

DOCTOR:
Well, this was the second amnio.

 

The first was performed in April.

 

DAVID: And did you find that Tara
had spotting after the first amnio?

 

- Yes.
- And could this have come

 

from a poorly performed amnio?

 

JUDGE: Okay, let's hold up here.
I'm not sure why

 

the plaintiff isn't objecting,

 

- but what is the relevance?
- Pure curiosity, Your Honor.

 

Well, let's satisfy our curiosity
on our own time, shall we?

 

I sustain the objection
that never came.

 

(Sighs)
So, you want to sue the hospital.

 

I don't want to.
I will sue the hospital.

 

Their amnio caused these birth defects.

 

And you want the child born?

 

No. Your client wants
the child born.

 

Yes, but it means more to a suit
if the child is born?

 

(Chuckles)
$8 million more.

 

It's pain and suffering.

 

$2 million if Tara aborts,
$10 million if she doesn't.

 

Does Tara know that?

 

What, that we're suing?

 

No. She's doing it
because she believes it.

 

HOWARD: I'm pro-choice.
It gives you the most options.

 

- HECT: Abortion is a sin.
- You're Republican. You have to say that.

 

HECT:
No, I'm not a Republican.

 

I just look at photos of fetuses and think,
how can we flush them down the drain?

 

No one's flushing anything
down the drain.

 

I met this Rockette back the '50s.

 

Looked just like Cyd Charisse.

 

Oh, God, Cyd Charisse!

 

- Those legs! Oh!
- WALLIS: If men could get pregnant,

 

- abortion would be a sacrament.
- HECT: It's legal.

 

- What else do you want?
- We were messing around,

 

you know, backstage,
the green room.

 

She came to me
three months later, pregnant.

 

Are you kidding me?!

 

Took her to Canada.

 

HECT: This is what
I don't get about abortion.

 

Where do you think the personality went.
If it had been aborted...

 

(All talking at once)

 

Hold on. Hold on!

 

Quiet down.

 

We're here to negotiate
Diane's exit package.

 

DAVID:
And I have some research.

 

This is what we offered Jonas Stern
when he exited in 2009.

 

- Are you friggin' kidding me?
- We were in better

 

financial straits back then.

 

We should offer her half of this

 

- and she'd still be lucky.
- I don't disagree.

 

- Jonas Stern was a founding partner...
- So is Diane.

 

So was Diane. She's leaving.

 

There's no difference
between Jonas's impact

 

- on the firm and Diane's.
- DAVID: That may have

 

been true back then,
but the firm has changed.

 

What has Diane done but move us

 

- toward bankruptcy?
- David, she's going to be

 

- a Supreme Court justice.
- WILL: I agree with Alicia.

 

Here's the other problem...
Diane has good clients.

 

We anger her with
a lowball offer, we lose them.

 

DAVID:
How will we lose them?

 

She suggests
they go somewhere else.

 

Let's be practical.

 

We offer a fair amount.
We keep her clients with us.

 

Tara's fetus won't be viable
until the third trimester.

 

And that's in 48 hours?

 

Yes, that's why the decision to terminate
has to be made quickly.

 

Now, Tara's ob-gyn has suggested
that the fetus is viable now.

 

Yes, I heard that.
She's wrong.

 

Viability is based on survivability
outside Tara's womb.

 

And that's why the Supreme Court

 

in Roe v. Wade established the
beginning of the third trimester

 

- as an inviolable line?
- Yes, exactly.

 

Thank you, Doctor.

 

Nothing further.

 

Dr. Tuft, isn't survivability
based on current technology?

 

- Of course.
- And given the current improvements

 

in postnatal technology,

 

can't the fetus survive
outside Tara's womb earlier?

 

Not in my opinion, no.

 

This is a very special case.

 

Doctor, don't you have a reason
for wanting the fetus aborted?

 

SCHMIDT:
Excuse me, objection, Your Honor.

 

Who's questioning the witness?

 

If the fetus is aborted,
then the malpractice lawsuit

 

- against you will be reduced.
- Objection, Your Honor!

 

The defense is turning this into
an argument about malpractice.

 

We all know you're excited
to be in big boy court.

 

You might want to check
the laws on slander, sir.

 

I'm not slandering the witness,
I'm asking him a...

 

JUDGE: The question before me
is whether this contract is moot.

 

Due to fetal viability,
there's no way not to be in breach.

 

Given the conflicting testimony
of the doctors,

 

I have no way to split this...

 

uh, dilemma.

 

So I fall back on the
Supreme Court's decision.

 

Damn it.

 

JUDGE: With respect
to the contract in question,

 

the fetus is ruled nonviable

 

- and will remain so for 40 more hours.
- Your Honor?

 

Given that, we move that these
proceedings continue apace.

 

Uh, Your Honor, we don't have
our next witness until Friday.

 

Mrs. Florrick.

 

Have your witnesses
available this afternoon.

 

Or we will proceed without them.

 

(Gavel bangs)

 

No.

 

HOWARD:
What does that mean?

 

It means I don't accept
your exit package.

 

We can shove you out, you know.

 

Yes, I do know that.

 

And my clients, too.

 

What is that... a threat?

 

It is a fact.
Don't act innocent.

 

You already have some of the
associates calling my clients,

 

trying to split them off.

 

You're paranoid, Diane.

 

These are similar to the terms
offered to Jonas Stern.

 

And I am not Jonas Stern.

 

What do you want, Diane?

 

I want what I'm worth.

 

You want me to not bad
talk you to my clients,

 

rethink your offer.

 

Now get out of my office.

 

This isn't your office.

 

It is.

 

Until you have the security
guards escort me out.

 

Alicia?

 

Do you have a minute?

 

I... Sure.

 

I can't decide this by myself.

 

But I can sway most of the partners.

 

And I think you'll enjoy
a honeymoon period

 

as the governor's wife.

 

Oh... okay. I'm not...

 

I want you to consider replacing
Diane as managing partner.

 

Tara asked a lot of questions
about the contract.

 

We listened, made changes
at her request.

 

We wanted her
to feel part of the process.

 

SCHMIDT:
And who represented Ms. Bach?

 

- Alicia Florrick.
- I see.

 

And did Mrs. Florrick
ever raise any concerns

 

that the surrogacy contract
was coercive in any way?

 

Your Honor,
respondent would stipulate

 

that this contract
as a whole is not coercive.

 

- This is about a single provision.
- Yes.

 

Now that Mrs. Florrick
has given herself cover

 

against a malpractice suit,

 

may I continue?

 

The provision regarding your right
to terminate the pregnancy,

 

that wasn't part
of the standard agency contract.

 

- Was it?
- No.

 

- My husband and I insisted on it.
- Why?

 

Because our first child, Caleb,
had a heart defect.

 

He lived six months.

 

Five operations.

 

And in the end, we just...

 

we couldn't bring another
child into the world to suffer.

 

And is that why you want
to terminate this pregnancy?

 

Yes.

 

I wish I were the one
that were pregnant.

 

But I'm not.

 

But it's our child.

 

Our choice.

 

No one should be allowed
to take that from us.

 

PETER:
What I want

 

is a proposed budget
before the state assembly...

 

So, Barry Rovinski's company
owns the building

 

that Alicia's new firm
just leased space in?

 

Yes, an obvious conflict of interest.

 

I assure you neither
Peter nor Alicia knew that

 

when he appointed Barry
to the water board.

 

Yes, but the terms of the lease
might be considered preferential.

 

25 a square foot in an area
where 40's the market rate?

 

What would you have Peter do?

 

The lease has already
been executed.

 

I think he should reconsider
Barry's candidacy.

 

He'll look into it.

 

I was promised unfettered access.

 

All due respect,
you are not the governor-elect.

 

Yes, thank you for your respect.

 

And this is unfettered access
to the governor's chief of staff.

 

We should be on the same side, Eli.

 

We are on the same side.

 

You can't keep disagreeing with me
and pretend it's an agreement.

 

- I agree.
- (Laughs)

 

Okay.

 

Ethical issues are never obvious
and they never go away.

 

That's why I raise them.

 

Because I like Peter and
want to see him succeed.

 

You mean, Mr. Florrick?

 

Of course.

 

ALICIA:
Mrs. Isenstadt,

 

you believe you and your husband
have absolute autonomy

 

over the fate of this...

 

fetus, right?

 

Yes, I do.

 

Why is that?

 

Because it's ours.

 

And what about your body?

 

Do you think you should
have control over that?

 

Over my body?

 

Yes, I do.

 

So, you're pro-choice?

 

Yes, but this is different.

 

How? How is it different?

 

You want this contract imposed
even though Tara

 

- doesn't want an abortion.
- It's different

 

because Tara is not the mother.

 

- I'm the mother.
- But it's her body.

 

- Objection, argumentative.
- It's okay, I...

 

I want to answer.

 

Yes, it's her body,

 

but she has agreed to subject her body
to my needs as a mother.

 

The mother...
that's what this contract was.

 

This is about my choice, not hers.

 

So you would drag Tara to a clinic

 

and have this fetus
forcibly removed?

 

Withdrawn.

 

No more questions.

 

I'll have a ruling on the
contract's enforceability

 

within the hour.

 

(Exhales)

 

(Knocking)

 

Yeah.

 

Uh, Cary, I have to be
in court in ten minutes.

 

What do you need?

 

Are taking
the managing partnership?

 

Where'd you hear that?

 

Is it true?

 

Will offered it to me.

 

But it's not a sure thing.

 

And I don't know even
if I would take it.

 

But you're considering it?

 

Don't you think that would've been
a good thing to tell us?

 

- It just happened.
- Alicia.

 

Staying is a mistake.

 

You'll always be under Will.

 

You finally have a chance to get
out from under him, take it.

 

- Managing partnership is not under him.
- It is.

 

Why do you think
he's offering it to you?

 

He wants someone he can influence.

 

Someone that he knows.

 

Okay, thanks, Cary.

 

Alicia, this is your chance.

 

Take it.

 

After much consideration...

 

actually, 30 minutes of consideration...

 

I have concluded that control of
one's body is an absolute.

 

This principle is enshrined

 

in our Constitution and jurisprudence.

 

Parties may not contract around it.

 

A provision empowering the Isenstadts

 

to compel an abortion is
an affront to public policy.

 

The application for
specific performance is denied.

 

(Gavel bangs)
Your Honor, my client

 

moves for a declaratory judgment
that the contract has been breached.

 

ALICIA:
Excuse me, Your Honor.

 

By denying petitioners' motion
for specific performance...

 

The court has ruled only that the provision
related to abortion is unenforceable.

 

Plaintiffs allege a number of other
contractual breaches.

 

What a load of bunk. They're trying
to extort this lovely young mother-to-be

 

- into an abortion.
- Uh, uh...

 

(Schmidt and David arguing)

 

Gentlemen!
(Arguing stops)

 

No!

 

Mr. Schmidt, what breaches
are you referring to?

 

The defendant failed
to live up to various...

 

performance sections
of the contract.

 

Oh, come on. Your Honor,
if Mr. Schmidt's clients

 

- wish to bring a separate suit...
- No, no. No need. In the interest

 

of judicial economy, I will

 

hear the motion
for declaratory judgment.

 

(Gavel bangs)

 

They lost, right?
What are they doing now?

 

DAVID: Scorching the earth
and poisoning the wells.

 

(Knocking)

 

Hi, I'm, uh... I'm Cam.

 

Is Grace here?

 

She...

 

Uh, I'm sorry, you're...?

 

Cam.

 

You must be Mrs. Florrick.

 

Uh, I-I told Grace I might
swing by after dinner.

 

- I'm, uh... I'm running a little late.
- She's out.

 

Um, but maybe you'd like
to come in and have a beer.

 

Yeah, that'd be great.

 

- Thanks.
- Are you insane?

 

My daughter is 16 years old.

 

You do not come knocking
at her door again.

 

Do you understand, Cam?

 

Now is the time to say "yes."

 

Yes.

 

Good!

 

Express elevator
is right behind you.

 

Turn around.

 

(Sighs)

 

ROBYN:
Why does David Lee not trust you?

 

He thinks I'm doing
what you're doing.

 

What am I doing?

 

Leaving with Cary
and the other fourth years.

 

Oh. Well...
(Chuckles)

 

All right, I need help.

 

I think this doctor
on the surrogacy case

 

has a drinking problem,
but I need someone

 

at the SA's office to
confirm rumors of a DUI.

 

- Do you have suggestions?
- Yes.

 

- Can you tell me them?
- No.

 

Why not?

 

- Robyn, you're leaving.
- Well, so is Alicia, but you help her.

 

What?

 

So is Alicia, but you helped her
on the death penalty case.

 

Alicia's leaving?

 

Yeah, I thought you knew.

 

What...

 

She didn't say anything.

 

Yeah.

 

It's supposed to be a secret.

 

(Chuckles)

 

Check with the clinic's medical rep.

 

They usually know
all the doctor's problems.

 

Thank you.

 

PETER:
So, Eli tells me

 

you have a-a concern over
my choice for the water board.

 

I do. The problem is, sir,
one of appearances.

 

Appearances. Uh-huh.

 

So who would you choose?

 

The current water board head.

 

Grabowski?

 

- He's an idiot.
- (Chuckles)

 

Well, I can't speak to that, sir.
Continuity, of course, is to be valued.

 

And there would be no hint
of a conflict of interest.

 

Yes. So what you're saying

 

is that you would hire
someone second-rate

 

- because they're more ethical?
- No, I'm just saying

 

that a conflict of interest
is a matter of law,

 

- and second-rate is a matter of opinion.
- Hmm.

 

Who do you like better,
Hemingway or Dan Brown?

 

I'm not a good judge of literature, sir.

 

Uh, who's Dan Brown?

 

Da Vinci Code.

 

Ah.

 

Oh, okay.

 

Well, I haven't read it.
I-I've seen it.

 

And I really like Tom Hanks.

 

Who doesn't?

 

Um, well, I don't think I can
take your advice, Marilyn.

 

And I really do appreciate it,
but I just...

 

can't choose Dan Brown
over Hemingway.

 

Well, thank you
for listening to me, sir.

 

Sure.

 

And I'll make sure
I take a look at Da Vinci Code.

 

(Laughing):
Oh, don't do it on my account.

 

No.

 

I spent too many years
in law school

 

with my eyes glued
to LexisNexis.

 

I should... uh, probably
broaden my horizons.

 

Yes, I read the contract.

 

Could you please read
the highlighted provision?

 

"During the course of the pregnancy,

 

"the surrogate agrees
not to engage in any sexual activity

 

that would constitute
a risk to the fetus."

 

How many sexual partners
have you had since your pregnancy?

 

Four, I guess.

 

But they always used a condom.

 

And did you and any
of these upstanding gentlemen

 

ever engage in a threesome?

 

Objection, Your Honor.
This is character assassination.

 

An orgy is a per se violation
of her contractual commitment

 

- not to engage in risky sexual behavior.
- Overruled.

 

Ms. Bach, you may answer.

 

No, I never engaged in a threesome.

 

MAN:
It was her idea.

 

SCHMIDT:
The threesome was?

 

Yes. Um, we were in this bar

 

called Chesterfield's,

 

and she saw this guy with tattoos...

 

Evan... and Tara
said that we should

 

bring him back to her place.

 

- And did you?
- Yes.

 

Okay, that's a lie.
You're a liar.

 

I haven't seen you in a year.

 

Mrs. Florrick, if your client
can't restrain herself...

 

I'm sorry, Your Honor.
It won't happen again.

 

And what happened
after you brought Evan back?

 

Well, we double...

 

I mean, we had a threesome.

 

SCHMIDT:
And did anyone use protection?

 

MAN:
Uh, no. None of us.

 

DAVID:
It doesn't matter if he was lying.

 

The judge believed him.

 

So, what do we...

 

(Clamoring)

 

What is going on?

 

Hello.

 

Mr. Florrick,
it is so good to meet you.

 

I'm David Lee,
one of your earlier fans.

 

Alicia and I work together.

 

Oh, hello, Mr. Lee.
How are you?

 

Good, good.

 

You have quite a wife here.

 

(Chuckles)

 

What's up, Peter?

 

Nothing. I, uh...
I had a break.

 

I thought I'd come say hello.

 

It was supposed to be a surprise.

 

A little difficult
with the security detail.

 

It's still a surprise to us.

 

Yeah.

 

Um, okay, excuse me.

 

(Quietly):
Um, I booked a suite in Wailea.

 

They have a package
for renewing your vows.

 

Um, Peter, I thought you said...

 

I mean, I thought we had to wait
until after the inauguration.

 

I thought we did, too,
but it will be

 

just as difficult
after the inauguration,

 

so I think we should do it now.

 

What's going on?

 

Nothing's going on.

 

I love you.

 

I love you, too.

 

I'm sorry to bother you,
Mr. Florrick.

 

Alicia, the judge wants us back in.

 

Your Honor, 30 minutes ago,

 

Ms. Bach approached my client
and offered

 

to abort the fetus for $100,000.

 

DAVID:
Judge, that is a preposterous lie.

 

- It constitutes blackmail, Your Honor.
- Wait a minute.

 

You've ruled
that my client has the right

 

to decide whether
to have an abortion.

 

There's nothing illegal
about monetizing that right.

 

So you're saying
that she made this offer?

 

No, I'm saying,
if she did make this offer...

 

and I have no knowledge
that she did...

 

she was merely using money
as a carrot,

 

just as the Isenstadts
used it as a stick.

 

Judge, if tying
the destruction of a fetus

 

to the payment of money isn't blackmail,
nothing is.

 

JUDGE: Okay.
I'll hear from Ms. Bach

 

on this question
first thing tomorrow.

 

ALICIA: Judge, even if she
were to make the offer,

 

it was nothing more
than a permissible settlement negotiation

 

- in a civil case.
- Or a crime.

 

If I find your client's committed one,
I'll refer her to the state's attorney.

 

Mom, did you tell Cam
to leave me alone?

 

Good morning, Grace.

 

Did you tell Cam to get lost?

 

You mean the man
with the motorcycle helmet,

 

the man who came to my door,
who wanted to come in

 

and have a beer and wait for you?

 

Mom, he's my pastor.

 

He's the head of Campus Faith.

 

He was supposed to pick up
some reading plans.

 

Okay... Grace,
he didn't look like a...

 

I don't know what he looked like,

 

but just because they're pastors
doesn't mean anything.

 

Mom, what's going on?

 

I saw the website...
The Ten Hottest Daughters.

 

- Zach showed you.
- No, I forced him to show me.

 

Mom, that doesn't mean anything.

 

I'm not after all of that.

 

I know, honey, but boys are.

 

- So?
- So...

 

You're dressing differently.

 

You're taking dresses
from my closet.

 

You said I could.

 

I know, but, Grace,
I'm your mom, and this...

 

Mom... I want to be pretty.

 

Just let me be pretty.

 

Oh, honey, you are pretty.

 

No, you have to say that.

 

I want other people
to think that I'm pretty.

 

Did you tell my clients
that you'd only have an abortion

 

if they paid you $100,000?

 

- No, I did not.
- If the court would please instruct

 

- the witness she's under oath...
- Objection, Your Honor.

 

The witness has been sworn
and is fully aware of that.

 

- You are under oath, ma'am.
- (Gasps)

 

ROBYN:
Psst.

 

TARA: I might have
said that $100,000...

 

I was looking into the possibility
that Dr. Tuft has a DUI.

 

- Really?
- Yeah.

 

He doesn't, but I was checking
with his medical reps

 

and I did find out something else.

 

SCHMIDT:
So, what do you have?

 

DAVID: As Dr. Tuft's notes show,
he cultured the embryo

 

48 hours prior to implantation.

 

Meaning there's been
a miscalculation of fetal age.

 

Let me see that.

 

We're in the third trimester,
Mr. Schmidt,

 

meaning the fetus is viable.

 

DAVID: Which means you
won't be able to pressure

 

our client to terminate.

 

Okay.

 

You're selfish, Tara.

 

It'd be one thing
if you said I'm adopting him,

 

but you're walking away.

 

Remember what you said, Kathy,
after the first sonogram?

 

"Do everything you can
to protect my baby."

 

(Scoffs)
This isn't protecting.

 

It's owning.

 

I'm keeping him alive.

 

That's the only way I
know how to protect him.

 

Feel him kicking, Kathy.

 

Just feel him.

 

No.

 

DAVID:
It's the final offer, Diane.

 

No, it's the final offer
when I accept it.

 

No.

 

Howard, David, could you please
give us a moment?

 

HOWARD:
We got a problem?

 

No, just something
between Diane and myself.

 

Alicia, you stay.

 

I'm going to want you to run
a change in the contract.

 

What do you want?

 

More than this.

 

No, this isn't about money.

 

This is about us.

 

So, what do you want from me?

 

I put my life into this place.

 

My whole life.

 

And it's appreciated.

 

No, it's not...

 

Not with ghouls like that
shoving me out the door.

 

Well, I can't negotiate appreciation.

 

That's right.

 

That's why you'd better do it
with money.

 

And how much appreciation are
you looking for, Your Honor?

 

I must have really hurt you...

 

to make you want
to hurt me like this.

 

That was the deal from the
beginning, Diane, remember?

 

We work together until
it's not fun or profitable anymore.

 

Well, here we are.

 

Are you having fun?

 

Bump the package up
by 20% and I'll leave.

 

I can't do that.

 

Then find another way.

 

I'll be at home.

 

(Sighs)

 

She'll come around.

 

She knows she can't be sworn in
with a partnership dispute

 

hanging over her head.

 

We need to leave this week.

 

You're sure?

 

Yes.

 

Sync and corrected by Elderfel
www.addic7ed.com