THE GUARDIAN
1X13 - PRIVILEGE
ORIGINAL AIRDATE (CBS): 22-JAN-2002

WRITTEN BY DAVID HOLLANDER & MICHAEL R. PERRY
DIRECTED BY GRAEME CLIFFORD

TRANSCRIPT PROVIDED BY "TWIZ TV.COM - FREE TV SCRIPTS DATABASE"
PERMISSION FROM SIMONSPHERE, ICONIC SOUP'S SIMON BAKER WEBSITE
ORIGINALLY TRANSCRIBED BY SHIRLEY

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DISCLAIMER:
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The following is not a novelization or an actual script but a dry transcript of the aired episode that includes accurate word-to-word dialogues, settings descriptions, action scenes and/or camera movements where the transcriber felt they were necessary. This transcript is archived at "TWIZ TV.COM - FREE TV SCRIPTS DATABASE" courtesy of SIMONSPHERE. "THE GUARDIAN" and other related entities are owned, (TM) and © by DAVID HOLLANDER PRODUCTIONS and ROSECRANS PRODUCTIONS, INC. in association with SONY PICTURES TELEVISION and CBS PRODUCTIONS. This transcript is posted here without their permission, approval, authorization or endorsement. Any reproduction, duplication, distribution or display of this material in any form or by any means is expressly prohibited. It is absolutely forbidden to use it for commercial gain. For entertainment and educational purposes only. No infringement intended.
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TRANSCRIPT:
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Scene: Burton's home—morning

Nick, who has spent the night on the sofa in the kitchen/den area, opens his eyes, focuses. Grimacing in pain, he sits up slowly.

Nick: Oh…

Burton: Hungry? (Sets glass of orange juice on the coffee table)

Nick: Yeah. Thanks. (Guzzles orange juice down all at once)

Burton: So… you got a little beat up last night, huh. You know, I've been thinking… I think you better come back to work for me. (Sets breakfast in front of Nick)

Nick: Uh…

Burton: Working for McGee was not that great an idea, in my opinion. Get a little structure in your life.

Nick: Yeah. (Head in hands)

Burton: Hot syrup. (Sets on the table)

Nick: Thanks.

Burton: Here ya go. (Sets cup of coffee on table) So, if you want, I could call McGee today and just explain the situation…

Nick: Nope. I'll do it.

Burton: Good. (Nick sniffles, rubs his eyes.) Oooh… Eat up, son. We're late for a funeral.


Scene: Newburg residence

Burton and Nick walk up the front steps together.

Burton: I watched Susan grow up. Pretty girl. Very smart. We all had high hopes for her.

Nick: What happened?

Burton: She married Ray Harper. College professor. He turned her against her family.

Nick: Do you think he had a hand in her drowning?

Burton: Police are still investigating. Ray was the only one anywhere near…

Nick: What's the estate worth?

Burton: Eleven million, give or take.

Inside residence:

Burton: Wendy. Sorry about your sister, honey. (Gives her a hug)

Wendy: Thank you, Mr. Fallin.

Burton: Okay. (Walks away) (To Frank) Frank. I'm so sorry about Susan.

Nick: I'm Nick. I'm Burton's son. I'm sorry for your loss. (Shakes hands with Wendy)

Wendy: Excuse me. (Walks off)

Burton: (Greets Mrs. Newburg as she descends the stairs) Dawn.

Dawn: Thank you for coming.

Burton: So sorry. Yeah.

Dawn: It means so much to me to have you here.

Ray Harper approaches—she turns away—then walks off.

Burton: I'm sorry about your wife, Ray. So sorry.

Ray: Thank you, Mr. Fallin.

Burton: Yeah. I want you to meet my son, Nick.

Ray: Nick. Nice to meet you.

Burton: This is Ray Harper.

Nick: I'm sorry.

Ray: It would mean a lot to Susan to see so many of her father's friends here today.

Burton: I'm sure it would. Yeah.

Ray: Excuse me. (Walks off)

Burton: (To Nick) Frank wants to talk to us. (To Frank—across the room) Frank.

Nick: (Cell phones rings—he answers) Can you just hold a minute, James?

Burton: Nick. Are you serious with that thing?

Nick: I need to take this.

Burton: No–no, you don't.

Nick: I'll be right there. I need to take it. In here? (Indicates the room set aside for the meeting—then walks to the multi-stalled bathroom) Ah, James, yeah. I need you to cover for me. Nine-year-old girl. Mother's been hospitalized. Shelter hearing takes place today in Judge Bright's courtroom. Okay. I really appreciate it.

Nick opens door to stall and finds Wendy sitting on commode, cutting her arm with a razor blade.

Nick: Oh, I'm sorry, I…

Wendy: I'm not going to kill myself, if that's what you're thinking.

Nick turns away. Wendy shuts the door.


Scene: Newberg residence—Meeting with Mr. & Mrs. Newburg

Dawn: Ray killed my baby. That monster killed my baby.

Frank: We don't know that!

Dawn: He did it.

Nick: (Knocks on the door and enters) I'm sorry.

Frank: After Susan married Ray, she gave up horses, she gave up piano. She turned her back on everything she loved. I figured that Ray was after her money, so I got a will drawn up leaving her wealth to the family trust. Six months ago Susan had this drawn up. It leaves everything to Ray. They found a lawyer in a mall—Byrnes & Brown. Paid two hundred dollars for an eleven million dollar estate.

Burton: Well, we'll look into this.

Frank: Can you get it thrown out?

Burton: Well, the investigation is still open. If Ray were convicted, they'd throw that out in a second.

Frank: Well, what if the police can't make a case?

Nick: We could make a settlement offer to Mr. Harper before the police make up their minds.

Dawn: Never.

Frank: Actually, I think Nick has a point.

Burton: Well, first, let us just take a look at this, Frank.


Scene: Newberg residence—Outside on the porch

Burton: How are you, Rob? Good to see you. (Shakes hands)

Wendy: Mr. Fallin?

Burton: Yeah.

Wendy: I have to write this essay about my career interests for school.

Burton: Uh-huh.

Wendy: I was wondering, could I stop by your offices and ask some questions about law?

Burton: Sure you could. Yeah. We'd love to have you. Absolutely.

Wendy: Seems fascinating.

Burton: It is. Uh-huh.

Wendy: So many secrets. (Glances at Nick)

Burton: Okay. Anytime. Bye-bye.


Scene: Legal Services of Pittsburgh

Lulu: G'morning. (Smiles)

Nick: Morning. You know, that thing that I said, last night… the thing I said about you and me?

Lulu: Nick, what's… (Indicating his black eye) What happen…?

Nick: I'd had a few drinks and I didn't mean to … I was… I was not implying that we should ever do… I mean, 'cause I'm a professional. We work together.

Lulu: I know. It's really okay. (Grins)

Nick: Okay. So we're okay on that?

Lulu: Yeah. We're okay.

Nick: All right. What are you doing for dinner? (Grins. Lulu laughs.) Just kidding. (Turns and walks to James' office)

James' office

James: (Into phone) Right, I understand that. But, it clearly says it on docket 6087.

Nick: (Knocks on door—interrupts) You got a second?

James: (Still on the phone) Not really.

Nick: What do you know about kids that cut themselves?

James: (Into phone) Hold on. (To Nick) What are you talking about?

Nick: Razor blades.

James: Cutters? Yeah. We've had our share come through here.

Nick: Cutters. Are they suicidal?

James: Depends. Shrink says they're inflicting physical pain to cover up emotional pain. Teenage girls, mostly. Who is it?

Nick: Just a kid.

James: Well, she should get some help. (Points to his eye with a questioning look.)

Nick: Yeah. Yeah. (Turns and walks away)

James: (Into phone) Yeah?

Nick encounters Amanda outside James' office.

Nick: What are you doing here?

Amanda: Volunteering. Hey, Nick. What happened to your…?

Nick: Uh… I walked into a door. Does my father know you're here?

Amanda: Well, we have to do pro-bono work. This is how I'm doing mine.

Nick: He doesn't know? You know, you should get back to the firm.


Scene: Fallin & Associates—conference room

Attorney Byrnes: (Examining glass sculpture) Don't your clients realize that they're paying for all of this stuff.

Nick: (Hands attorney copy of a will) This will your work?

Byrnes: Yes.

Nick: Remember the clients?

Byrnes: Of course.

Nick: Water? (Pours a glass)

Byrnes: Please.

Nick: Who did all the talking?

Byrnes: They both did.

Nick: Take a seat. (Clears throat) Do you realize that the man is under investigation for the murder of his wife?

Byrnes: I read the papers.

Nick: You didn't think it was unusual that you were being asked to draft a will on an eleven million dollar estate?

Byrnes: Why?

Nick: (Chuffs and opens the phone directory to a yellow pages ad—shoves it across the table) It's a nice ad.

Byrnes: How many wills have you written?

Nick: A few.

Byrnes: I've done over a thousand.

Nick: Tomorrow you'll be served a subpoena to turn over all the notes you used in preparation and we will contest the will.

Byrnes: A good lawyer can work out of a mall, Mr. Fallin. I'll pit my two hundred dollar will against anything you care to throw at it.


Scene: Burton's office

Nick enters.

Nick: Two hundred dollar will looks solid.

Jake: Right. (Sighs) So, what's next?

Nick: We either settle out or we try to look for evidence that she wasn't competent to sign a will.

Jake: Well, Nick, I mean, you can be half out of your mind, write a will on a ham sandwich, and still have it hold up in court, so…

Nick: Ray's not a lawyer. He doesn't know that.

Burton: (Sighs) What would you do, Nick?

Nick: Scare him into a settlement.

Burton: Yeah.

Nick and Jake leave.


Scene: Lobby

Jake: You and your father, man.

Nick: Why don't you just see if the family trust provides a way around the will?

Jake: Last week you were at each other's throats. You stood right here and you quit. And now, it's like nothing happened.

Nick: Nothing happened. (Turns and walks away)


Scene: Legal Services of Pittsburgh

Alvin: Ah, Louisa Archer. Amanda Bowles. Amanda works with Nick over at Fallin.

Lulu: Ah. Lulu. Nice to meet you. (Shakes hands)

Amanda: Hi.

Alvin: She wants to give us ten hours a week.

Lulu: Great. You want to start right now?

Amanda: Really?

Lulu: Yeah.

Alvin: Have fun.

Amanda: Thanks.

Lulu: (Shows Amanda to meeting room) So, her name is Ruth Stern. She's 87 years old and her doctor is suing her for thirty-four thousand dollars in unpaid medical bills. (Hands her the file and walks off)


Scene: Legal Services of Pittsburgh—meeting room

Amanda: (Enters) Miss Stern?

Ruth: Mrs. Stern. I was married for 52 years.

Amanda: (Chuckles) Mrs. Stern. (Extends hand to shake) My name is Amanda Bowles. I'm your attorney.

Ruth: Your legs are thin.

Amanda: Oh…

Ruth: The color of your hair is beautiful. Is it dyed?

Amanda: Ah…

Ruth: May I feel your waist. (Feels. Amanda flinches and laughs nervously.) It's firm. You keep in shape.

Amanda: Mrs. Stern! I hear you have a problem we need to discuss.

Ruth: Yes. Dr. Ettinger. He's my specialist for my back. He tells me I have spurs and herniated discs.

Amanda: Yes?

Ruth: But, he says I don't have to live with the pain. He tells me he has a pain management clinic.

Amanda: Okay.

Ruth: So I start to go, three days a week, and the pain goes away for awhile. But, then it always comes back so I keep going to him, for a year. And sometimes I go five days a week. And then he sends me this bill…

Amanda: Thirty-four thousand dollars.

Ruth: They say I have to be in court on Friday. I'm going to lose everything I have—everything.

Amanda: Okay, Mrs. Stern. Let me review this.

Ruth: Oh… well… When shall we talk again?

Amanda: (Hands her a business card) Call me—anytime.

Ruth: Oh.


Scene: Fallin & Associates—lobby

Nick: Mr. Harper?

Ray: This is a new low. (Waving an envelope in his hand) You know how I spent my morning? Calling old friends. One after another, I had to break the news.

Nick: Mr. Harper. You got Susan to change her will so that everything comes to you and then… she dies.

Ray: I didn't kill my wife.

Nick: You should settle. If they file charges, chances are you'll wind up with nothing.

Ray: There's a chance I could bring Frank Newburg down with me. You have no idea the things I know. You have no idea.


Scene: Fallin & Associates—Burton's office—later

Burton: What was Susan's state of mind when the will was drawn up?

Frank: What… you want to suggest she was insane?

Nick: Legally incompetent—to complete a will.

Frank: Can you win something like that?

Burton: I did, once. Eleven years ago some man thought his wife was Satan and that he was Jesus when he signed the will. We got it thrown out.

Frank: Look. Susan was troubled. I mean, bringing all this into court would be like killing her a second time.

Dawn: Do it.

Burton: I'll contest the will.


Scene: Courtroom—informal setting

Nick: (Addresses Wendy—on witness stand) Your sister, Susan, prepared her will in June, 2001. Did you see her often that summer?

Wendy: Oh, sure. All the time.

Nick: Did she seem happy?

Wendy: Susan was never happy.

Nick: Can you give me some specific examples?

Wendy: One time, I think it was last June, she told me she was the Virgin Mary.

Nick: Virgin Mary.

Wendy: From the Bible. Jesus' mother. And, she told me Ray was the Angel of Death. (Ray scoffs)

Nick: Thank you. No further questions.

Byrnes: Your father set up a trust for you and your sister.

Wendy: I guess.

Byrnes: How much do you know about that trust?

Wendy: Not a lot.

Byrnes: Did you know that the money that your sister had comprises exactly half of that trust?

Wendy: I guess.

Byrnes: And if you and your family were to take your sister's money away from Mr. Harper, who do you think would get that money?

Wendy: I don't know.

Byrnes: Care to guess?

Wendy: My mom and dad?

Byrnes: Care to guess again?

Wendy: Me?

Byrnes: Bingo!


Scene: Fallin & Associates—lobby

The Newburgs, Burton and Nick enter.

Frank: Well, that was a disaster.

Burton: Well, we can appeal it to another trial judge.

Frank: You think that's going to make a difference?

Burton: Depends on…

Amanda: Sorry I missed… I was like… I got caught up in… Sorry. (Is ignored by the group)

Wendy: You want to show me your office?

Burton: Yeah, why don't you do that, son? Give her a tour of the whole place.

Nick: Sure.

Burton: Yeah. Dawn? (Frank and Dawn follow Burton into his office)

Wendy: God. I could really use a drink.

Nick: (Hands his briefcase to the receptionist) Can you take care of that?

Receptionist: Yes, Mr. Fallin.


Scene: Conference room

Nick leads Wendy into the room—pours a glass of water—then closes the door.

Wendy: Did I show you my new necklace? (Nick sits down without acknowledgement) What?

Nick: Everything that you said…

Wendy: I said what I was supposed to say, Mr. Fallin. Are you angry with me?

Nick: You can tell me the truth.

Wendy: No, I can't.

Nick: There's this thing called attorney–client privilege.

Wendy: I'm not your client. My dad is.

Nick: You are as well. In regards to this will, and your trust, you're my client.

Wendy: So what does attorney–client privilege mean?

Nick: You can tell me the truth and not only can no one make me tell them what you said, I am prohibited by law.

Wendy: Ah. So, you mean, like… if I tell you a secret and then you tell on me, you could go to jail, or something.

Nick: Or lose my license to practice. Yeah.

Wendy: (Lowers her voice) Last summer, I stole a boat with my friends. I got drunk and I crashed it into my neighbor's dock. And, then, like, three months ago, I stole some makeup. I shoved it down my pants. And until last month, I had a twenty-eight-year-old boyfriend.

Nick: And you cut yourself.

Wendy: Yeah.

Nick: Why do you do that?

Wendy: (Chuckles) I'm just bored, Mr. Fallin. It's nothing tragic. I'm just really, really bored.

Nick: And your sister?

Wendy: My sister was crazy but she didn't think she was the Virgin Mary. Believe me. Neither of us are that.

Nick: You know you perjured yourself.

Wendy: Are you going to tell on me?


Scene: Lobby

Amanda enters to find Mrs. Stern waiting for her.

Amanda: (Picks up her messages at reception) Thank you. (To Ruth) Mrs. Stern.

Ruth: Dr. Ettinger called me late last night. He said he would do anything to get the money from me. I'm scared.

Amanda: All right. This is what we need to do. We need every document. We need all your medical bills and Medicare stubs.

Ruth: Well, they're all in shoeboxes in my apartment. I don't know what's important and what's not.

Amanda: I'll come with you. (To receptionist) Be back in an hour.


Scene: Burton's office

Jake knocks.

Burton: Come in.

Jake: Hey, there. I play on a hockey league and the goalie of my team works in the D.A.'s office. He gave me this. (Hands the document to Burton)

Burton: Susan Newburg—autopsy report.

Nick: What are they saying? Murder or accident?

Jake: They're calling this a suicide. She had three types of anti-depressants in her blood, point one-seven alcohol, and there was past evidence—she had scars on her wrists from two previous attempts. She was a pretty messed-up girl.

Burton: Well, it's not murder. It doesn't help with her will.

Nick: Excuse me. (Exits)


Scene: Empty courtroom

Nick: I need to describe a situation—hypothetical situation. Family—two daughters. The younger daughter is sixteen; the older daughter is twenty-four. She commits suicide.

Laurie: She living at home?

Nick: No. No. The younger daughter is completely controlled by her father. She lies for him. She follows his every command. In return, he lavishes gifts on her.

Laurie: What else?

Nick: This girl… cuts herself… with a razor blade.

Laurie: Has she ever attempted suicide?

Nick: No. No. Just cuts herself.

Laurie: The cutting obviously indicates an underlying problem—some kind of personal violation.

Nick: Sexual abuse?

Laurie: In many instances, yeah.

Nick: Well. How would you know for sure?

Laurie: I'd ask the child.


Scene: Albrecht Academy—after school

Wendy sees Nick waiting and approaches.

Wendy: What are you doing here?

Nick: You tell me. You hide in bathrooms cutting yourself. Your sister attempts suicide a couple of times and finally she succeeds and no one in your family is doing anything except blaming Ray Harper.

Wendy: Um. We went to the Benedum Center last week, me and my dad. We saw Lena Troeb's Modern Dance Company. They're very progressive. They even took off their tops for the last piece. Dad got me this. (Shows Nick her bracelet)

Nick: Yeah. That's very nice.

Wendy: My father's a really big donor so… we got to go backstage and meet Lena, personally. Then we drove home in the rain. I felt a tingle up my back. I had this really good talk with my dad about how nudity is cool. He talked about how tasteful it all was and the shape of their breasts. How it's all perfectly natural. How sex is perfectly natural.

Nick: You often talk like this with your father?

Wendy: You asking me as my attorney?

Nick: Does your… does your father…?

Wendy: Does he what? (Turns and walks off)


Scene: Fallin & Associates—outside Burton's office

Jake: (Reviewing Amanda's work) This is good here but it just doesn't need…

Burton exits his office—takes a document from Sheila.

Amanda: Oh, excuse me, Mr. Fallin. I don't know if Nick told you, but I volunteered over at Legal Services. I thought I could use it as my pro-bono work.

Burton: No. We assign that, Amanda. You don't choose.

Amanda: But, I thought since Nick was…

Burton: No. Nick has to be there.

Amanda: So I can't do it?

Burton: Well, I can't stop you, but I'd prefer you didn't. All right? (Goes back into his office and closes the door)

Jake: (To Amanda) You want to make a difference? Do drugs. Get arrested.


Scene: Courtroom

Burton: Well, the M.E. ruled the death a suicide, Your Honor. That's a prima-facie indicator of mental illness.

Byrnes: They're taking advantage of a tragic situation to take money away from a man who just lost his wife.

Burton: It is a tragic situation but if we can prove that she was not competent to sign a will…

Ray: You greedy sons-a-bitches.

Judge: Mr. Harper.

Ray: You can't wait to get your hooks into her money, can you?

Frank: You killed my daughter.

Ray: Oh, shut the hell up, Frank!

Judge: Gentlemen. (Tries to gavel the disturbance)

Frank: You killed my daughter! You got away with it…

Ray: You sick bastard!

Frank: …and now you want the money!

Judge: Gentlemen! (Pounding her gavel)

Burton: Frank. Sit down. Sit down. Sorry, Your Honor.

Judge: The suicide, by itself, does not preclude competence to sign a will. Unless I am presented with compelling evidence by Friday, I will accept the 2001 will as authoritative.

Byrnes and Harper leave the courtroom. Nick, Burton and Frank remain at the table.

Frank: Look. When I transferred the shares to Susan, I had a buy-back option of the original price as long as the shares transferred out of the family.

Nick: Well… why didn't you mention this earlier?

Frank: 'Cause I thought we were going to win. I have the documents back at my place. Why don't you come and take a look?


Scene: Newburg residence

Nick is going through boxes of documents in the dining room.

Frank: I'm going downtown. I'll be gone for most of the day. The rest of the boxes are in the study.

Nick: Okay. I'll see you then.

Nick waits for Frank to leave—then makes his way upstairs to the study. Finds key and unlocks a drawer to the desk to find a small photo album of suggestive poses of Susan.

Frank: (Surprises Nick by returning early) I can imagine what you're thinking. It's hard to explain what happened. I was very sick back then—very, very troubled.

Nick: Yeah.

Frank: Look. I'm not going to bore you with my life story. Suffice it to say that my childhood was not a particularly happy one.

Nick: Yeah. You molested your daughter.

Frank: I would trade all the money and all the success in the world to change what happened. It was a brief and terrible period in my life. It's as if something came through me and then it passed.

Nick: Why are you telling me this?

Frank: Because it has to do with our case.

Nick: Or because you're afraid that Wendy would tell me first.

Frank: Your father has worked for me for twenty years. We're like family. It's important to get things out in the open.

Nick: And now it's covered by privilege.

Frank: Oh, well. I hadn't thought of that. I just thought if we were going to work together it was important that you be prepared to protect me, in case things got bad.


Scene: Fallin & Associates—Burton's office

Nick: (Enters without knocking) There's abuse going on at the Newburg household.

Burton: What kind of abuse?

Nick: Sexual. He molested Susan when she was a girl and I think it may be occurring with Wendy as well.

Burton: Well, how do you know about this?

Nick: I saw pictures. Of Susan.

Burton: Pictures?

Nick: And then Frank Newburg told me. He told me.

Burton: You were on the clock?

Nick: Yes.

Burton: Did he tell you he'd do it again?

Nick: No. Just the opposite.

Burton: That son-of-a-bitch! I had drinks with him a couple of nights ago. And he was joking around, talking about women. At one point, he says, now you can't tell my wife this. This is privileged, right? I thought he was joking. And then he started asking questions about privilege. What was privileged; what wasn't privileged. As if out of, you know, a normal curiosity…

Nick: Well?

Burton: Well, everything he told you is privileged, unless he told you he'd do it again.

Nick: (Angrily) She's living with a man who has a history…

Burton: Nicholas! We can't do a damn thing here! You leak this and they find out about it, you can be disbarred!


Scene: Courtroom

Amanda: (Addressing Mrs. Stern) In March of 1998, you began to suffer from extreme back pain.

Ruth: Well, it was terrible. I bent down to get the Kugel out of the bottom oven—I have two ovens, you know—and I couldn't stand back up. I lay on the kitchen floor…

Amanda: Mrs. Stern. You just have to answer the question—like we talked about. In March of 1998, you began suffering from back pain.

Ruth: Yes.

Amanda: And you sought treatment from Dr. Ettinger?

Ruth: Treatment is what he calls it.

Amanda: What was his diagnosis?

Ruth: He said the pain was in my head.

Amanda: Did he recommend a course of treatment?

Ruth: Yes. Talk therapy.

Amanda: Talk therapy, for back pain?

Ruth: Yes.

Amanda: How often did you go?

Ruth: Oh, sometimes everyday.

Amanda: How much did this cost?

Ruth: You have it there.

Amanda: Please read it.

Ruth: $34,516.74.

Amanda: Did the pain go away?

Ruth: No.

Amanda: No further questions, Your Honor.

Ettinger's Attorney: Mrs. Stern? Did Dr. Ettinger perform any tests?

Ruth: Yes.

Attorney: An M.R.I. and four separate motion examinations?

Ruth: Yes.

Attorney: But you rejected his recommendation of anti-inflammatory drugs.

Ruth: Well, the pills made me all rumbly.

Attorney: He recommended surgery, as well.

Ruth: Surgery. I can't do that.

Attorney: You rejected his advice and yet you kept coming to see him.

Ruth: Well, Dr. Ettinger was always very welcoming to me.

Attorney: Your Honor, I would like to enter into the record the nine separate letters requesting Mrs. Stern leave Dr. Ettinger alone.

Judge: Did your client charge Mrs. Stern for these visits?

Attorney: Only when she took up appointments that legitimate patients needed.

Judge: And how many times was this?

Attorney: From, uh, August of 1999 to September, 2001, Mrs. Stern came to Dr. Ettinger's office on 203 occasions.

Amanda: Your Honor.

Attorney: Your Honor. Dr. Ettinger's willing to waive these bills. In return, he simply wants a promise from Mrs. Stern that she will leave him alone.

Amanda: Your Honor. I'd like a moment to confer with my client.


Scene: Albrecht Academy

Wendy approaches Nick, sitting on a bench.

Wendy: I didn't think you were the type to hang around children's playgrounds, Mr. Fallin.

Nick: I know the truth about your sister. Your father told me what happened. (Sighs) Is it happening to you?

Wendy: It's not.

Nick: Wendy, I want to help you.

Wendy: Do you think I want them to tear the roof off my life and make me tell every bad thing that ever happened to a bunch of strangers who want to cure me?

Nick: Wendy.

Wendy: My sister went to expensive psychiatrists and clinics. She had every kind of treatment and look how she wound up. (Walks away)


Scene: Courthouse—corridor

Amanda: Is that the truth? You were just lonely?

Ruth: I had pain but nobody would listen to me. Some of the women in my building play cards together. Some of them have children and grandchildren. Pictures in their wallets. I don't have those things. I lived my life for my husband and then he died. And I was left with no one and the pain. Some days I can hardly get out of bed.

Amanda: Will you promise to leave that doctor alone? (Ruth nods) Come on. Let's go tell the court.


Scene: The Incline

Ray Harper joins Nick at the bar.

Ray: Nick. (Extends hand)

Nick: Ray, have a seat. (Shakes hand)

Ray: Thanks. (To bartender) Scotch, rocks.

Nick: Frank's decided not to contest the will. I know… I know what happened to Susan. I know.

Ray: Amazing what you can get away with.

Nick: What about Wendy?

Ray: Is he raping her? I don't know.

Nick: But you suspect.

Ray: Well, what do you think?


Scene: Fallin & Associates—Burton's office

Sheila ushers Frank into Burton's office.

Frank: (To Sheila) I'll get you the tickets and they're on me. (Laughs)

Burton: How ya doing, Frank?

Frank: Uh…

Burton: So, what's on your mind?

Frank: I have some sensitive business I want to talk to you about.

Burton: Yeah?

Frank: Newburg Brewing sponsors an America's Cup yacht.

Burton: Right?

Frank: So, we're going to need some high-level help. You're going to be able to travel on the beer jet. That's what we like to call it. (Laughs)

Burton: That's it?

Frank: That's it.

Burton: Well, we'll look it over.

Frank: Look it over? Burton. I'm giving you free money here.

Burton: Frank. I'm not so sure we can do any of this any more.

Frank: You're not in the business of representing saints, Burton.

Burton: I'm not judging you.

Frank: Then what are you doing?

Burton: We've got a little problem, a potential conflict between you and your daughter, since you're both clients of ours.

Frank: You represent me, not my daughter.

Burton: Nope. That's not exactly true. We represent your family and we can't be adverse to any of you.

Frank: What did she tell you?

Burton: Don't make me say it, Frank. We both know what I'm talking about. (Walks to the door)

Frank: Whatever she said to you, it's not true.

Burton: (Opens door) I'll be glad to recommend another firm to see you though this transition. (Frank leaves.)

Nick: So, are you ready to do this?

Burton: Do what?

Nick: Call Social Services?

Burton: I just washed my hands of him. Can't do anything else.

Nick: He's admitted it.

Burton: What he said is privileged.

Nick: He will do it again.

Burton: You can't prove…

Nick: You know what he is. He will do it again.

Burton: We both took an oath, okay? We both accepted the terms of our profession.

Nick: What if I make an anonymous call?

Burton: He'd find out. He'd file a complaint. He'd call that tip into court and we'd both be disbarred.

Nick: So, you're comfortable doing nothing about Wendy?

Burton: No.

Nick: Well?

Burton: (Pause) So, go ahead and do what you think is right.


Scene: Courthouse corridor

Nick: Laurie. I think an improper relationship exists between Wendy Newburg and her father.

Laurie: You've got to give me something to point to, some kind of evidence. Can you get me a statement from Wendy?

Nick: No, she'll never admit it. I saw photos but you'll never see them. All I can give you is my word.

Laurie: (Thumbs through several business cards and hands one to Nick) Call the Child Abuse Hotline. It's anonymous. Once there's a tip, we can take her out of the house for an investigation. God help us if you're wrong, Nick.

Nick: Thank you.


Scene: Courtroom—shelter hearing

Lulu: After careful consideration we've determined that this child should be placed in a temporary shelter, the location to be concealed from the parents.

Judge Damsen: Why the concealment?

Lulu: Your Honor, this is a 4302 investigation.

Judge Damsen: Suspicion of incest. Does the child concur with the recommendation?

Lulu: No, Your Honor.

Judge Damsen: Miss Newburg. You disagree with your counselor's recommendation?

Wendy: (Glances at her father) Yes.

Judge Damsen: Why?

Wendy: Nothing happened.

Judge Damsen: I don't understand.

Wendy: Nothing happened. I shouldn't even be here.

Judge Damsen: (Sighs) All right. What is going on?

Laurie: (From the gallery) I had a confidential informant alert about a problematic situation.

Judge Damsen: A C.I.? You're tearing this family apart on a tip? Absolutely not, Ms. Solt!

Laurie: It was a very trustworthy source.

Lulu: Your Honor—

Frank: Thank you, Your Honor. This has been a very difficult time for us. You're the only voice of reason that we've encountered.

Laurie: Your Honor—

Judge Damsen: Ms. Solt. I will not remove this child on the basis of a phone call that could have been made by anyone!

Laurie: Judge Damsen—

Nick: (From the back of the courtroom) I made the call. I made the call.

Judge Damsen: Mr. Fallin. Please approach the bench.

Later—outside the courtroom

Dawn: I'm so sorry. (Hugs Wendy)

Social Services: (To Wendy) Please come with us. (To Dawn) Mrs. Newburg, you're not allowed to follow.

Dawn: I'm so sorry, sweetheart. It's going to be all right. It'll be fine. I love you.

Social Services: Wendy. Time to go to the shelter.

Newburg's Attorney: (To Nick—leaving the courtroom) Seven hours after you were fired by my client, you made an anonymous call to the sexual abuse hotline. That's retribution, slander and breach of confidentiality. We're going to sue you on all counts.

Nick: There was impending harm.

Frank: You can't prove that!

Nick: I will. I'll depose your daughter. I'll depose your wife. I will subpoena every doctor who ever treated Wendy, her best friend, her school teachers.

Attorney: To what end?

Nick: The only legal question left is whether incestual-pedophilia rises to the standard of impending harm, but my guess is that Mr. Newburg doesn't want to find that out.

Frank: You son-of-a-… (Starts to attack Nick—his attorney stops him)

Dawn: (To Nick—grabbing his arm as he passes) Thank you.

Nick gives her a long look and walks off.


Scene: Fallin & Associates—main office area

Burton comes down stairs on his way to his office.

Amanda: Mr. Fallin. I wanted to apologize for volunteering without asking you.

Burton: Well, you know how I felt about it.

Amanda: I'm sorry.

Burton: You work here, Miss Bowles. Here. Not there.

Amanda: You let Nick do it.

Burton: Miss Bowles. Why don't you… (Notices other employees observing the scene) …why don't you finish those briefs for me. Okay? (Tosses briefs on her desk)

Amanda: You favor your son. You ignore everyone else. I mean, Nick quit, took his clients with him then just decided to come back. (Nick enters the lobby and stops to listen.) And there were no repercussions at all. All I did was spend 15 hours working on something, trying to make a difference. And you treat me like I'm the one around here that committed a crime.

Burton: What is it you want, Miss Bowles?

Amanda: To be more than a glorified paralegal.

Burton: That's what a first year associate is.

Amanda: Yeah. Well, I quit then. (She gathers her things—turns to see Nick—and walks out.)

Burton: Well.

Nick: Well.

Burton: Welcome back, son.

Nick and Burton walk off together.


Scene: Allegheny Children's Shelter—Wendy's room

Nick enters without knocking—Wendy has earphones on, listening to music. Nick pulls up a chair and sits, waits.

Wendy: (Removes earphones) Don't look at me like that. Like I'm some kind of victim, 'cause I'm not. Okay? I'm not. Don't you get it? I've put in my time. Two more years and I would have been in college. Two more years I would have been able to put this all behind me without anyone knowing.

Nick: What do you want to do?

Wendy: What do you think? I mean, look at my choices. I can go live with foster parents, leave my school and spend half my day talking to some shrink about what happened to me, or I can go back home and keep my life. Keep what's mine. What I've earned. What would you do?

Nick: I'd leave.

Wendy: Why? It's already happened. You can't take that away. It's already happened and I've learned to deal with it. What more can I say? It's just the way it is.

Nick: You deserve better.

Wendy: I deserve better than this.

Nick: Okay. I'll be around if, if you need anybody…anybody to help you with anything, I… (Wendy puts earphones back on and turns up the music.) I'll be around.

END OF EPISODE

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