THE GUARDIAN
1X17 - THE DIVIDE
ORIGINAL AIRDATE (CBS): 12-MAR-2002

WRITTEN BY UNKNOWN WRITER
DIRECTED BY ALAN MYERSON

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

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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: 12 step meeting

A member is standing, speaking. Phil is standing at the podium.

Member: I'm in my car, you know, and the adrenalin starts to pump and I'm on autopilot, ready to turn into the parking lot where I know I can score. Only difference is these days I don't take that final turn. I pick up my phone and call my sponsor Tom and we meet for coffee. Or I come here and tell you. It's being in it with you guys, it's not being alone, that's what gets me through it.

Phil: Thank you. We're going to hear from someone who hasn't stood before us yet, so remember how you felt the first time you addressed the group and give him attention and support. Nick.

Nick stands up, looking intensely uncomfortable.

Nick: Hi, I'm Nick.

Group: Hi Nick.

Nick: (barely audible) I have to be here.

In the hallway, Alvin approaches two men engaged in conversation (one well dressed, the other not) standing in the corridor.

Alvin: Excuse me, is this Phil's meeting, the 12:30? (The well dressed man waves him on) Thanks. (Alvin enters the room while Nick is still speaking and looks around hurriedly sits down)

Nick: ... I got busted with 10 grams of cocaine in my apartment. It was a party. So, ah, I have to be here and Phil just thought it was time that I, uh, stood up and talked about it. So, a couple of months ago, I scored a couple of grams, sorta binged. But I haven't since and won't again, and… and… Thanks, thanks Phil.

Nick quickly exits without seeing Alvin.


Scene: Legal Services of Pittsburgh

Mrs. Straka: (to woman) I need to speak to Barbara.

Barbara: (on the phone) Legal Services of Pittsburgh. He's out of the office, can I transfer you to his voicemail? Alright. (turning to Mrs. Maureen Straka) May I help you?

Mrs. Straka: I called yesterday, I believe we spoke. You're Barbara?

Barbara: Yeah.

Mrs. Straka: My husband has this supply and repair company and he took out a loan…

Barbara: Your husband owns his own business?

Mrs. Straka: Yeah.

Barbara: I'm sorry we only take cases for people who can't pay for legal representation.

Mrs. Straka: Oh, well, I would gladly pay for what I can.

Barbara: No, you don't understand, we don't take payment.

Mrs. Straka: Sorry to have troubled you.

Barbara: No trouble.

Mrs. Straka sits down and starts to cry. Barbara sees her and hands her a tissue.

Mrs. Straka: Oh Thanks. I'm going to lose my house. The only thing I have is that house.

Barbara: Uh, Mrs., uh …

Mrs. Straka: Straka. Maureen Straka.

Barbara: Is, is your son's name Jake?

Mrs. Straka: You know him?

Barbara: Mrs. Straka, why don't…

Nick enters, talking on his cellphone.

Nick: Tell those bastards to hurry 'cause it's worth a quarter million. Okay?

Barbara: Those, those kids are waiting for you.

In the Conference Room, there are two boys, the younger of which has a deck of cards in his hands.

Matthew: (to his older brother, Justin) Pick your card. (Nick enters.) Are you Mr. Fallin?

Nick: Yes.

Matthew: My name's Matthew Damira. (shakes Nick's hand) This is my brother Justin.

Nick: Hi Justin.

Matthew: Shake his hand, Justin. (Justin shakes Nick's hand) Louisa Archer is my attorney.

Nick: Ok, well you should probably be speaking to her.

Matthew: Just give me a minute. My mother has some problems. We haven't been living with her for some time now. We've been living with the family of our former social worker. A woman named Suzan Diamond.

Nick: Okay.

Matthew: She and her husband - he's a radiologist - they said they wanted to adopt us both. So social services went to see my mom and had her sign this. (pulls a form from his pocket and hand it to Nick)

Nick: Adoption consent form.

Matthew: Right. It's for both of us.

Nick: Yeah.

Matthew: But our foster parents, the Diamonds, they decided after my mom sign the form They decided they didn't want to adopt Justin anymore. They just wanted to adopt me. And Louisa Archer is agreeing with them.

Nick: Well, uh… What do you want to do, Justin?

Justin: Uhn - I, I can't, I can't...

Matthew: Justin fell down the stairs 3 years ago. He's got brain damage which caused his dysarthria.

Nick: His - his what?

Matthew: It's a medical condition, caused by frontal lobe damage. It affects his speech. Anyways. He needs me to help take care of him. That's why we're here. The adoption proceeding is tomorrow and we need your help.


Scene: Legal Services of Pittsburgh

Alvin enters from the elevator and passes Nick who is headed to see Lulu.

Alvin: Good morning.

Nick: Good morning.

Nick walks past Alvin, who continues to watch him for a moment, and knocks on the open door of the broom closet.

Nick: Matthew and Justin Damira just came to see me.

Lulu: To see you?

Nick: Yes. Just… They just left.

Lulu: I was assigned their case last week. Why would they come to see you?

Nick: (shrugs) I don't know, maybe they don't like you. What's going on with them?

Lulu: They've been in and out of the system for several years.

Nick: Matthew seems pretty smart.

Lulu: Smart? He has a 147 IQ. And you know what? You really should have sent Matthew in here.

Nick: Well they don't want to be separated.

Lulu: I know that, but Matthew's potential adoptive parents have secured a place for him at the Garbrecht school in Chicago. It is the preeminent school for gifted children in the nation. It's, it's it. It's a once in a lifetime opportunity for him.

Nick: Matthew said something about his former social services worker adopting him.

Lulu: Hmm-hmm. Suzanne Diamond. She worked with him for almost six years.

Nick: Social Services doesn't see that as a conflict?

Lulu: No, no they're recommending that Matthew go with the Diamonds and that Justin be placed in a group shelter.

Alvin: (knocks on the door) Hey. Louisa, congratulations. I just heard the good news.

Lulu: Oh, thanks. Thanks, Alvin.

Alvin: (to Nick) Did you hear?

Nick: Hear- hear what?

Lulu: I'm getting married.

Nick looks back and forth, then leaves with Alvin watching him go.


Scene: F&A reception area

Jake: Mom?

Mrs. Straka: Hey Jakey.

Jake: Hi.

Mrs. Straka: Hi.

Jake: Barbara.

Barbara: Hey.

Jake: What's - what's going on? Mom?

Barbara: Your mother came over to Legal Services looking for a lawyer.

Mrs. Straka: I just didn't want to to bother you.

Barbara: I'm just gonna sit over here.

Jake: So are you and dad getting a divorce?

Mrs. Straka: What, no, are you kidding? Where would I go at my age?

Jake: What's going on?

Mrs. Straka: Well, I was going through some paperwork, and I came across this letter from this guy that loaned your father some money. And it looks to me like they're threatening to take our house. I could go find a lawyer that does this kind of work.

Jake: Ma, I do this kind of work.

Mrs. Straka: I know but, you know someone not so busy or expensive.

Jake: Ma, please. Is he gambling again?

Mrs. Straka: He never stopped.

Jake: Ok, I'm gonna talk to him.

Mrs. Straka: No! No. No. Jakey you can't let him know I did this. He's a very private man. He would be so embarrassed if he knew that you and your friend knew about this

Jake: I will take care of it, okay mom?

Mrs. Straka: I don't want to lose our house.

Jake: Ma… you won't.

Mrs. Straka: You promise?

Jake: (to Barbara who is sitting on a couch reading a magazine) Barbara, thanks. (to Mrs Straka) Just come on into my office, okay?


Scene: Legal Services of Pittsburgh Nick shows Ms. Diamond into the conference room.

Nick: (easy going) Thanks for coming by. Just please take a seat Mrs Diamond. Oh I'm sorry. (shifts some papers on the table) So when did you leave social services?

Mrs. Diamond: When my husband accepted a job at the university of Chicago.

Nick: Oh that's good, That's good. Ahem. So can you explain to me how you ended up adopting a child from a family who you once represented?

Mrs. Diamond: Matthew and I bonded over the years. His mother, Martha, is slightly challenged.

Nick: Retarded.

Mrs. Diamond: Yes. And when I first met him, he was starving for stimulation. This was before Justin's injury.

Nick: Did you bond with Justin as well?

Mrs. Diamond: Oh, of course. But in a different way. Before his injury, Justin was a tough kid. Very physical. Athletic.

Nick: Um, why aren't you adopting Justin as well?

Mrs. Diamond: It didn't work out with our daugter Hannah. Justin's a sweet kid, but he has a hard time editing himself… controlling himself. He follows Hannah around, stares at her. Walks in on her in the bathroom. She's very uncomfortable with him.

Nick: Thank you Mrs. Diamond.

Nick walks Mrs. Diamond to the elevator, then spots Lulu coming out of the broom closet, Nick rushes over.

Nick: She's cherry picking the smart kid.

Lulu: It's a little more complicated than that. (pours herself a cup of coffee)

Nick: You're right, she's cherry picking the smart kid and dumping the brain damaged brother.

Lulu: She's also offering Matthew a once in a lifetime situation.

Nick: Where's your ring?

Lulu: Um… it's kinda big, so, you know, I don't usually--

Nick: Where are you getting married?

Lulu: Uh, Brian's parents' country club.

Nick: Oh, really? That's nice.

Lulu: Really? You're not really interested in this?

Nick: No, I am.

Lulu: No you're not.

Nick: So the brothers want to stay together.

Lulu: Nick this whole thing. It's a simple best interest case.

Nick: For who? The Diamonds?

Lulu: No, for Matthew and Justin.

Nick: I'm gonna to support Matthew's wishes.

Lulu: Why?

Nick: Why? It isn't fair. (walks off)


Scene: the Straka machine shop

Jake: Hey.

Mrs. Straka: Hey, look who's here.

Jake: Hi. (loud smooch) How are you?

Mr. Straka: What are you doing here? It's the middle of the work day.

Jake: Hi dad.

Mr. Straka: You didn't get fired, did you?

Jake: Um, ma, would you excuse us for a second?

Mr Straka: What is it?

Jake hands his father the letter Mrs. Straka showed Jake earlier.

Jake: Ma was so worried she went looking for a lawyer.

Mr. Straka: This is my personal business.

Jake: You want to tell me what's going on?

Mr. Straka: Just a few collection problems.

Jake: So, someone's not paying you?

Mr. Straka: It's a misunderstanding with a guy, that's all...

Jake: So just give me the details.

Mr. Straka: Come'on this isn't a big deal.

Jake: Dad, look, people who lend money to people with bad credit are not exactly reasonable.

Mr. Straka: I've got it under control.

Jake: So you've got the money to pay these guys.

Mr. Straka: Well, not yet.

Jake: When are you going to get it?

Mr. Straka: You sound like your mother.

Jake: Dad, I'm serious! They can walk in here and take your damn house.

Mr. Straka: Then let them have the house.

Jake: Okay, so you might not mind living in a crappy apartment, but I think mom--

Mr. Straka: This is not your place--

Jake: You're still going to the track!

Mr. Straka: (shouting) What the hell, Jake? What the hell? Don't you forget who put you through school.

Jake: Oh come on, dad.

Mr. Straka: Don't you forget who worked a second job. I haven't made a bet in over three years.

Jake: Ok dad, can you at least tell me what happened.

Mr. Straka: Home warehouse moved in a few miles away. (picks up a tool chest) To keep up I had to drop prices and offer flexible credit. I got more flexible with my customers than my suppliers got with me.

Jake: So, I'm going to talk to the guys who lent you the money. If you don't mind.

Mr. Straka: (standing by his van) Knock yourself out.


Scene: F&A Conference room.

Nick rushes in.

Burton: Hey.

Nick: Sorry.

Burton: Well we finalized the terms of the merger. Tri-Ben is gonna buy out the Epsular stock for $12 a share.

Jake: So what do we do now?

Burton: Well, draft the agreement. We should announce this uh within 48 hours.

Jake: Okay, I'm on it.

Burton: Well Nicholas you should get started on the merger proxy, and make it clear to the stockholders that this is the best deal out there. Okay?

Jake: $12 a share. Last I heard it was trading at 4.

Burton: Well the S.E.C. is really all over this one. They've called me 3 times. Until we've made the terms public, we shouldn't even talk about this to each other.


Scene: Santa Claus factory

Mrs. Demira is hand-painting Santa Clause figurines.

Nick: Mrs. Damira?

Mrs. Damira: Um, yes?

Nick: Hi, my name is Nick Fallin. I represent your son Justin

Mrs. Damira: Yes?

Nick: Did you know that Justina and Matthew were being separated?

Mrs. Damira: Why?

Nick: You signed a form, a consent to adopt form, a month ago?

Mrs. Damira: I guess.

Nick: Do you remember? (showing Mrs. Damira the form)

Mrs. Damira: Yes. Uhm. Yes.

Nick: Uhm. Why did you sign it?

Mrs. Damira: Because uhm, Mrs. Montgomery said that she found a real good home for Justin and Matthew.

Nick: When you went to court, did the judge explain to you what would happen if you signed this form?

Mrs. Damira: Yeah. She said my rights would be over.

Nick: Terminated.

Mrs. Damira: Yeah.

Nick: Did you have a lawyer with you in court?

Mrs. Damira: Yeah.

Nick: Okay. So you know that Matthew and Justin are not being kept together?

Mrs. Damira: No way I'd sign a thing. No way. My boys need to be together. They can't be apart, they need each other. They can't be apart.

Nick: If you want to fight this, then you have to call your lawyer. You have to call your lawyer.

Mrs. Damira: Oh no. I don't tlike to go to court. I don't, I don't like that.

Nick: It's okay -- okay. That's nice.

Mrs. Damira: It's Santa. (shows Nick the figurine she has been painting)

Nick: Yeah. It's nice, very nice. Okay.


Scene: Loan office

Jake: Mr. Fritas? (the man points, Jake walks over and addresses a man seated behind his desk) I'm from Fallin and Associates. I represent Ed Straka. He asked me to look into this matter.

Mr. Fritas: Yeah, well Mr. Straka signed a loan agreement and consented to the terms. He owes us 62,000.

Jake: And the original loan was for 45,000?

Mr. Fritas: Interest compounds, does it not?

Jake: At 23%?

Mr. Fritas: (chuckles) We expect our payment.

Jake: Alright. Well we need 3 weeks to secure additional financing, so we'd like to execute--

Mr. Fritas: No. I want my money.

Jake: The way I see it Mr. Fritas, your loan documents violate about a dozen truth in lending regulations.

Mr. Fritas: No they don't. Look, I've been in this business for 15 years. I started out as a lawyer representing consumer finance companies. People come to me when the big banks won't risk a dime on them. I take that risk.

Jake: You take advantage.

Mr. Fritas: You think I'm scum? Nah. The truth, I'm just providing credit to people who can't get it anywhere else.


Scene: Courtroom

Judge Damsen: I've weighed the testimony of social services, Miss Archer and the Diamonds. Matthew the Diamonds appear to be an excellent home for you.

Nick: Your honor, the brothers want to be kept together.

Lulu: Your honor, Mr. Fallin is representing Justin Damira who has no standing---

Nick: He's Matthew Damira's brother.

Lulu: Legally they aren't brothers anymore. Their sibling relationship ended when their mother terminated her parental rights.

Judge Damsen: Mr. Fallin, you have no standing here. Matthew, I've read the reports. I know you don't want to be separated from your brother, but I believe the facts support Miss Archer and social services' recommendation. It is hereby ordered that Matthew Damira be adopted by Doctor and Mrs. Diamond. (gavels)


Scene: Courthouse hallway

Justin: What did that mean.

Nick: Well, at this stage it means that the Diamonds will take Matthew to Chicago.

The Diamonds and Matthew exit the courtroom and Justin and Matthew hug. They start to walk away and then run.

Suzanne: Matthew!

Lulu: I'll go. I'll go.

Nick: No, I'll do it.

Nick jogs after the boys and finds them in a room, hiding under a table.

Nick: Justin. It doesn't work this way. What are you boys gonna do? You gonna live in a park?

Matthew: We can get another lawyer and apply for new foster parents.

Justin: Damn you! (strikes out at Nick with his fist)

Nick: (grabs Justin's hand) Okay. You listen to me. I'm gonna step outside. I'm gonna get a bailiff in here to take you out. Okay? I'm sorry. (stands up) I'll follow you in my car to the group shelter. Make sure you're okay.


Scene: Machine shop

Mr. Straka is watching TV and eating a take-away.

Mr. Straka: So?

Jake: So, they're gonna take the house. And legally it'll hold up.

Mr. Straka: I could've gotten a $50 an hour lawyer to tell me that.

Jake: Well I'm telling you. And the way I see it is you've got two sets of problems. You've got corporate and you've got personal debt. Do any - any of you're customers owe you any money?

Mr. Straka: Sure all of them.

Jake: How much?

Mr. Straka: Damianos owes me about 10 grand. Smithson about 15 grand.

Jake: How long are they over due?

Mr. Straka: Months.

Jake: Okay. Well, you've gotta get that money.

Mr. Straka: I can't they're old friends.

Jake: Tell that to mom, when they're taking away her house.

Mr. Straka: You don't understand the first thing about how we do business. It's a small group of guys. I push too hard they start to complain. They start to complain, they don't come back.

Jake: Dad. Dad, if they don't pay you, you close up shop. If they're such bad customers, what the hell--

Mr. Straka: They're broke Jake. We're all broke, cept Milt Dallesandro. He actually went in with those home warehouse guys.

Jake: Dad, look. The way I see it, you need to sue those 2 guys for the money.

Mr. Straka: (chuckles) Jake, you don't get it. There's nothing to sue them for. It'd be like suing me.


Scene: Outside group shelter

Justin is in the car, struggling with one of the social workers.

Justin: Uhn. Ahn. Let me go.

Nick: (gets out of his car) I'm Justin's lawyer. Leave him alone. Could you give us a moment? (To Justin.) Don't you hit me. Okay? I'm going to fight this, Justin, okay? What I need you to do now, is I need you to go inside and behave the best you--

Justin: I don't wanna live in this place!

Nick: I understand, just give me a couple of days. I heard about what you where like before the accident. You were tough smart, you still are. I'm gonna go back into court and I'm gonna fight your brother's adoption. Okay?

Justin: Uhn! RRR!

Nick: There's still a way you two can be together.

Justin: Ahn!

Nick: Okay? Justin finally settles down and Nick gets out of the car.

Nick: (to social worker) I think he's fine.


Scene: Burton's office

Jake: My dad grew-up in Ambridge. Went to Vo-tech, learned to become a plumber. When I was a kid, he opened a supply and repair shop in Aliquippa on the main drag. And he did okay. I mean he kept us in groceries and helped get me through Pitt.

Burton: Yeah? (continues to flip through law books, with his back turned to Jake)

Jake: Well, he's been doing business his way for the past 35 years and ah, it's just not the way it works anymore. I think he can change. I mean, look, he has to -- to change. But, uh… he ah, well, ah, he's just a bit in over head right now.

Burton: (chooses a law book and moves to his desk. He continues to flip through the pages) Yeah. (looks up, then down again) I don't understand.

Jake: I need an advance on my salary.

Burton: What kind of advance?

Jake: $50,000.

Burton: Oh. Jake, I've always maintained a policey not to advance or loan to my employees.

Jake: Well, I'm good for it.

Burton: I'm sure you are, but if something goes wrong, it gets, uh… (chuckles) a little complicated.

Jake: You don't pay me a cent for the next 4 months.

Burton: Well the problem is Jake if I do that for you, then, uh, you now, they'll expect the same and---

Jake: Burton, it's my dad's business.

Burton: Well, why don't you just go to the P. A. Savings and Loan?

Jake: (gets up to leave) Yeah, I already did. They can only give me $15,000, so...

Burton: Jake, look I'm sorry, I'm not in the loan business, they are, I'm not, sorry.


Scene: Straka machine shop

Jake: Mom, what happened?

Mrs. Straka: That man, Fritas, came by with this. He said we have 30 days to move out of our house.

Mr. Straka: I'm gonna get a drink.

Mrs. Straka: I can't stand that man. (sobs)

Jake: Ma…

Mrs. Straka: What am I gonna do, Jakey. Where am I gonna go? We have nothing left. No savings, nothing. Your father goes to the track almost every day. He doesn't care.

Jake: Ma, ma, I'm gonna take care of you. Okay?

Mrs. Straka: You're not supposed to do that.

Jake: I will, ma. It's gonna be okay.

Mrs. Straka: I just want to keep my house. I just want to keep my house.


Scene: Legal Services of Pittsburgh

Alvin: Ah Lulu, Could you step in here a minute, please. Nick has approached me about representing Matthew and Justin Damira's wishes.

Lulu: How?

Alvin: He wants to file a motion to vacate the Diamond adoption.

Lulu: So you're taking me off the case?

Alvin: No, you'll continue as Matthew's guardian and maintain your position for best interests. Nick just wants to represent their wishes.

Lulu: Nick's trying to make an end run to get this back in court. They made best efforts to keep those kids together.

Nick: They gave Matthew to the first person in line and they're letting Justin fend for himself.

Lulu: No, Alvin…

Alvin: It's only fair Lulu, if Matthew were 12, he'd be able to stop this adoption himself.

Nick: Thank you.

Nick leaves Alvin's office and Lulu follows.

Lulu: Why are you doing this?

Nick: Because it isn't fair.

Lulu: It feels like ever since Brian came to town---

Nick: It's not personal Lulu.

Lulu: The other night at The Incline, you were very angy.

Nick: You were the one who stormed out of the restaurant.

Lulu: Well you were being very offensive.

Nick: Was I?

Lulu: You were, you know you were talking about me following Brian around and screwing up my life. Why do you have a problem with what I do with my life?

Nick: 'Cause he wants you to be a housewife.

Nick steps on the elevator and the doors close.


Scene: Straka shop

Jake: Mom…

Mrs. Straka: I made the call to that guy. The broker.

Jake: Yeah.

Mrs. Straka: And he said to send the money. So I went to the mailbox place and I wired it. $15,000. I no sooner got home when he called. He wanted to know if he should buy the stock. And then he did and the money was gone. It was kind of exciting. You know? All that money. And then, I-I turned on your father's TV, to that station where they have the stock thingies. You know? And I looked for the Epsular symbol. It was like magic. It was like magic, Jakey. $45,000. We made $45,000 today! I can't wait to tell you're father. I can't wait.


Scene: 12 step meeting

Phil: Hey man. You wanted to speak with me?

Nick: No thanks.

Phil: Nick… I take my addiction seriously. I mean I realize it in myself and I deal with my addiction every waking moment of my life.

Nick: No Phil, you don't have to tell me about yourself.

Phil: What about you Nick?

Nick: What?

Phil: Do you think you have a problem, or do you think you just got caught?

Nick: Well, I've been coming to these meetings 3 times a week for the last 8 months. I haven't missed one.

Phil: That's the easy part.

Nick: I do my work. I meet with my probation officer---

Phil: You didn't answer my question. Do you think you have a problem?

Nick: I have a problem with getting caught Phil.

Phil: You stood before us and admitted to using again.

Nick: Yeah.

Phil: Think about that. Think about how lucky you are. I mean, what if a random drug test had come up? Or what if something real bad had happened?

Nick: Yeah.

Phil: Hey, Alvin. You know Alvin, don't you Nick?

Alvin: Hey, Nick.

Nick: Oh, yeah.

Phil: Alvin's offered to be your new sponsor Nick.

Alvin: Only, if you want me to be.

Nick laughs derisively, then walks away.


Scene: The Incline

Barbara and Jake are sitting at a table - Jake is drinking a martini.

Barbara: (laughing) You should have seen his face. Russell was just terrified. (both laugh) What's wrong?

Jake: Nothing.

Barbara: I get it, it's it's, we had a great time at the concert, but if you don't want to do this.

Jake: Wait. Wait. Wait. No. This is, this is not about you.

Barbara: Are you sure?

Jake: I promise.

Barbara: You want to talk about it?

Jake: It's just this stuff with my mom and dad.

Barbara: Anything I can do to help?

Jake: No, I mean, (pauses) I mean I took care of it so…

Barbara: (smiling) You loaned them the money.

Jake: Yeah, in a way, I mean… they can keep the house now.

Barbara: You're a great son Jake. That's just the greatest thing to be able to help. To be so successful…

Jake: You know, Barbara, um. I'm, I'm really kind of bad company tonight. Can we…? Can we do this another time?

Barbara: Oh, okay. Well. Yeah. Okay.

Jake: Okay. (finishes the martini) Great, I mean I'll call you okay?

Barbara: Yeah.

Jake: Alright? Thanks. (stands up and throws down some money)

Barbara: No problem.


Scene: Burton's office

Door knock.

Burton: Come in.

Jake: Burton, you wanted to see me?

Burton: Sit down, Jake. You told your mother about Epsular?

Jake: What, what happened?

Burton: The S.E.C. called this morning.

Jake: Oh my God. Burton, look let me just tell you what happened.

Burton: (looking away thoughtfully) I'm assuming she got the information indirectly.

Jake: No, Burton. I was--

Burton: Jake, don't disabuse me of my notion. Your mother got the information because she overheard you on the phone. (pause) Well, that's all, Jake.


Scene: Courtroom

Mrs. Damira: Janet Montgomery promised me.

Nick: What did she promise you?

Mrs. Damira: That my boys would be kept together.

Nick: Did she tell you who was planning to adopt your boys?

Mrs. Damira: No.

Nick: Would you have terminated your rights had known it was Suzanne Diamond.

Mrs. Damira: No.

Nick: Why not?

Mrs. Damira: Miss Diamond was never real nice to me.

Lulu: Please describe to the court how Justin's brain damage occurred.

Mrs. Damira: My boyfriend was punching Matthew. Um. Justin got in the middle of it and Ron pushed him. They were by the stairs.

Lulu: Mrs. Damira, is this your signature?

Mrs. Damira: Um. Yes.

Lulu: Paragraph 4 of this form reads, "I understand, I may not revoke this consent once the court enters a termination or document decree." Mrs Damira, is there anything you don't understand about these words?

Mrs. Damira: It says, I'm, it says I can't get my kids back.

Lulu: No further questions.

Nick: Martha, do you understand what the word decree means?

Mrs. Damira: No.

Nick: Do you undertand what the word revoke means?

Mrs. Damira: Revoke.

Nick: Did you even read this before you signed it?

Mrs. Damira: No.


Scene: F&A conference room

Rob: We may file criminal charges.

Burton: Rob, I'm certain Maureen Straka was unaware there was a pending merger.

Rob: I'm talking about her son Jake.

Burton: It was a mistake, Rob. Just an innocent mistake. She heard her son talking on the phone, there's no intent there. This is a 63 year old house-wife. You're talking like she's part of some insider trading ring.

Rob: Can you prove it was inadvertent?

Burton: Can you prove it wasn't? Look, let me… let me see if I can get the money back.

Rob: If I go for this I need your word that Jake Straka will never work on another merger transaction.

Burton: Rob. That's--that's what we do here. You're basically making him useless to me.

Rob: This could be a lot worse for you than benching an associate, Burton. A lot worse.


Scene: F&A corridor

Burton: Jake… The SEC is expecting a check for a little bit more that 50, 000 by 5:00pm today. I recommend that you and your mother deliver it and kiss their ass for their kindness.

Jake: Burton look, I…

Burton: That's all Jake.


Scene: Courtroom

Lulu: Social Services and the Diamonds live up to their promises. For 6 months the Diamonds attempted to incorporate both boys into their family, but, unfortunately, it didn't work. Now what this case really boils down to is a very simple legal issue. Can a parent revoke a valid adoption decree simply because she's changed her mind, or because she doesn't like the prospective adoptive parents. It's not the way things are done you're honor, let the adoption stand.

Nick: Mrs. Damira's consent was not knowing, voluntary and delibereate. In fact this whole adoption was premised on a fraud on Mrs. Damira. She was led to believe that her two would be kept together. Furthermore, the brothers want to be kept together. Now if social services had bothered to look, they might have found a family willing to adopt both brothers, but the didn't. They reneged on their promise to Mrs. Damira. That alone is grounds to vacate this order.

Judge Damsen: I find that Martha Damira knowingly and voluntarily relinquished her rights. But I also find that social services made representations to Mrs. Damira that her two sons would be kept together. More effort has to be made to honor those representations. I'm vacating the adoption. Matthew Damira will be placed in a group shelter with his brother until as more suitable situation can be found. (gavels)

Lulu: Your honor--your honor that could take months, who knows what the damage will be to Matthew-- (judge pounds gavel)


Scene: Group shelter

Nick: I'm Nicholas Fallin. I just received a call from my client, Justin Damira. (secretary waves him on) Thank you.

Nick walks down the hall and finds Matthew and Justin.

Nick: Hey.

Matthew: Hi, Mr. Fallin.

Nick: Hi.

Justin: Can I talk to you? (both go out into corridor)

Nick: What is it?

Justin: Matthew doesn't belong here. He's gonna say he wants to stay, but he's crying all night.


Scene: Judge Damsen's chambers

Judge Damsen: Justin says you don't like the group shelter.

Matthew: No. The group shelter's fine. I'm not that interested in other kids anyway. I'm more interested in reading books or using the internet. Plus, Justin and I are in the same room. And I can fo to the magnet program for math.

Justin: Why were you crying?

Matthew: It wasn't because of the group shelter. I was thinking of something else.

Justin: Matthew, you tell them… the truth. You wanna… go

Judge Damsen: Is that what you want Matthew? To go with the Diamonds? (Matthew eventually nods yes) Will you all step out into the hall for a moment please? Mr. Fallin, stick around. (rest leave) You can be an arrogant ass you know? You've managed to two vilify two very good women, humiliate a colleague and for what?

Nick: This could be a permanent separation for these kids. We're not talking about placing them in different homes in the same city where they can see each other and see their mother. These boys love each other, they love their mom. I didn't do this for any reason other than the fact that they should not be torn apart.

Judge Damsen: Does Justin really want his brother to go with the Diamonds?

Nick: Yes.

Judge Damsen: Then tell the boys I'll reverse my decision.


Scene: F&A

Burton: Jake. Can I see you in my office?

Jake: Burton. Listen, um… I just want to say thank you, for standing up for me.

Burton: Jake, I'm afraid we're gonna have to discuss how this whole thig affects your future here.

Jake: My future?

Burton: I had to make some promises to clear this up. Uhm. I had to promise Gersh that you would never be involved with any public securities.

Jake: For how long?

Burton: Forever. At least for now.

Jake: I've been doing corporate for 7 years now.

Burton: Well that should have been long enough for you to discover that you don't disclose insider information.

Jake: Well. Uh. Tell me Burton. Is there still a place for me here?

Burton: I think that's up to you. If you think you can pick up enough work to justify your overhead.

Jake: Absolutely.

Burton: Okay. Oh Jake. This is for the next six months. (hands Jake a check)

Jake: Thank you.

Burton: Yeah.


Scene: Straka machine shop

Jake: Hi dad.

Mr. Straka: You and your mother. (chuckles) Now you know.

Jake: What?

Mr. Straka: How it feels to gamble… huh … and lose. I think you gave her quite a thrill Jakey. I think she sees me in an entirely new light, you know?

Jake: I paid off the loan.

Mr. Straka: Thank you.

Jake: Don't thank me. I bought the title. I own the house now.

Mr. Straka: What about my business?

Jake: I'm sorry dad, no one's going to give you that money, no one's going to take that risk.

Mr. Straka: I'm gonna have to close this place down?

Jake: I'm sorry, dad. Look, maybe uh, maybe it's better this way. I went over to the home warehouse, okay, I spoke to Milt Dallesandro, he said they're hiring. He said they need help in the plumbing department. The pay, the pay is ok and the benefits are good.

Mr. Straka: How am I gonna close this place down after 35 years, how am I gonna do it?

Jake: These are the, these are the bankruptcy papers. It's not such a big deal. Believe me. I can help you. You don't have to make up your mind right now, but you really should do this before your creditors come after you again… (Mr. Straka struggles to hold his emotions in check) Bye.


Scene: The Incline

Jake: Hey.

Barbara: Hey.

Jake: Thanks for meeting me.

Barbara: I'm… surprised you called.

Jake: Sorry, about yesterday. There were some problems and I just didn't want to burden you.

Barbara: No, it's okay.

Jake: No, I really enjoy spending time with you, and just didn't mean to be a jerk.

Barbara: Oh… (laughs) Your parents?

Jake: Yeah.

Barbara: My mother drives me nuts. She wants to go to bingo and buffet every Saturday night. Saturday night, in Mt. Aire. (both chuckling)

Jake: My mother uh, competes in pie baking contests. Demands I go.

Barbara: And do you?

Jake: Haven't missed one yet.

Barbara: You wouldn't wanna come play bingo this Saturday night would ya?

Jake: Hell yeah.

Barbara: Bring one of your mom's pies.

Jake: I'm gonna bring my mom!

Barbara: Perfect!

Jake: Leave the pies at home. (both laugh)


Scene: Outside group shelter

Matthew is leaving. Justin waves good-bye as the car drives off.


Scene: Legal Services of Pittsburgh, Alvin's office

Alvin is packing up for the night. Nick knocks on the open door.

Alvin: Yes?

Nick: About you're, uh, ahem--your offer, uh--

Alvin: Yes?

Nick: I--I guess it would be okay.

Alvin: (pauses, closes his eyes momentarily) Okay.

Nick: But don't expect me to call you or anything.

Alvin: Okay.

Nick: Cause I don't need, uh--I don't need anyone.

Alvin: Fine, Mr. Fallin.

Nick: Just call me Nick, will you? Okay? It's enough with the Mr. Fallin thing.

Alvin: Fine. Nick.

Nick: Good. Good. Yeah. Goodnight.

Nick exits into the common area and sees Lulu leaving for the night.

Nick: Hey. Matthew's headed to Chicago.

Lulu: Yeah, I heard.

Nick: So it's all worked out now.

Lulu: Yeah.

Nick: Okay.

Lulu: Nick. About this week.

Nick: Yeah?

Lulu: We were having a professional argument right? It was a--a professional disagreement, and it had nothing to do with…

Nick: No of course not. I am happy for you.

Lulu: Thank you. Cause I don't know it just didn't seem like you to do, something so--

Nick: So what?

Lulu: Emotional.

Nick: I was representing my client.

Lulu: Being professional.

Nick: That's right.

Elevator doors open and Lulu steps on.

Lulu: Good then, cause uh, I think that's the best way for us to be.

Nick: Professional?

Lulu: Right. Good night.

Elevator doors close.

END OF EPISODE

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