- Kate and Ben go up against Justin and the city while representing a client who claims he was the victim of police brutality. A former client accuses Lauren of committing an ethics violation.
- Fairly Legal - S02E06 - "What They Seem"
Scene: Lobby of Reed & Reed building. Kate (Sarah Shahi) and an older lady enter elevator.
Man's voice: [from distance] Hold up.
Kate: [to older lady] Good morning.
[A man comes rushing up to the elevator door as it closes. It's Ben Grogan (Ryan Johnson).]
Ben: Hold up, hold up!
[Ben sticks his arm in the closing elevator door and steps on elevator. He's out of breath from running. Ben and Kate stand in the elevator with the older lady between them.]
Kate: Panting is not a good look for you.
Ben: You don't think it brings out my animal magnetism?
Kate: It might if you had any.
Ben: You wound me, lady.
Kate: Mm-hmm.
Ben: You ever wonder what would have happened if we'd have gone home together the night we met in that bar?
Kate: I would've been intrigued, as I was, and then very quickly grossed out, as I am.
Ben: You're right. It would've been complicated. You're lucky I turned you down.
[Kate looks at the older lady and shakes her head.]
Ben: Look, I realize you're probably busy mediating a very important dispute between a Korean nail salon and a woman who had her eyebrows tattooed too high on her forehead, but...
Kate: Oh.
Ben: I'm working on something that could get very big very quickly, and [pauses] I need your help.
Kate: Ha!
[Elevator dings. Doors open.]
Kate: [to older lady] Have a nice day.
[Kate and Ben step off elevator. Leo (Baron Vaughn) is in the foyer of Reed & Reed.]
Leo: Hey, Ben. Oh, man. Your car alarm's going off in the parking structure, and they called. They want you to come down.
Ben: [Gestures towards Kate.] She texted you to say that.
[Ben dodges Leo and follows Kate into her office.]
Ben: Look, just hear me out. I'm representing the victim of a police brutality in a civil suit against the San Francisco P.D. and the city. They're on their way here right now for a settlement conference.
Kate: What's the catch?
Ben: Cops lost their cool, beat up an innocent. Now they're trying to cover it up. There is no catch, Katrinka.
Kate: Somebody named Benedict Yancy Grogan shouldn't be tossing around nicknames. I did my research. [Clicks tongue]
Ben: It's Katrinka because you remind me of a Russian nesting doll. You are one surprise inside another. So do the crazy and surprising thing here and help me out.
Kate: Leo. [Walks out of her office to Leo's desk area] Does it make sense to you that he would be asking me for help?
Leo: It does not.
Kate: Mm-hmm.
Ben: Oh, come on, this is about helping the little guy fight the system. You like that sort of thing, right?
Kate: Oh, yeah, you so know me. That's all you gotta say to little miss Kate Reed. [Swinging her fists like a pugilist] Little guy, little guy fighting the system, uh... uh, Justin. [Kate notices Justin (Michael Trucco) and another man standing behind her]
[Justin looks at Kate and smiles at her.]
Justin: [to Ben] Counselor.
[Justin and the other man walk off to conference room.]
Ben: Okay, one catch. Your ex is the system.
Leo: Now it makes sense.
Ben: I don't know why the city is sending an A.D.A. with their attorney. Maybe they're trying to shake me up.
Kate: Uh-huh, and you're trying to shake Justin up by bringing me.
Ben: [very earnestly] I could use your help.
[Kate gives Ben a look that acknowledges his sincerity and her inability to refuse to help him.]
Scene: Reed & Reed conference room. Ben and Kate walk in. Justin and the other man, Jeremiah Treesdale, are sitting at the conference table. Justin looks surprised to see Kate there.
Ben: [to Justin] Morning.
Justin: [to Ben] Morning.
Ben: Okay. [Points to a flat-screen television set] This is my client, Andre Chernof, skyping live from the men's prison hospital.
Chernof: [on screen] Yo.
Kate: Makes sense that your client's in jail.
Justin: I should think that most of Mr. Grogan's clients could be found there.
Ben: [sarcastically] Ha, ha, ha. That's funny. [Points to other man with Justin] And, uh, this is Jeremiah Treesdale, representing the city.
[Kate and Treesdale shake hands.]
Kate: [to Treesdale] Hi. Nice to meet you.
Justin: I'm sorry, can I ask, are you officially part of this, Kate?
Kate: Yes. Yeah, I am. I mean, I'm... I'm sitting in as a partner of the firm.
Justin: Okay.
Kate: But, um, can I ask, why is an A.D.A. attending a settlement conference in a civil suit?
Justin: Because this suit is based on false accusations that city employees have committed criminal acts.
Chernof: [on screen] Two cops beat me up.
Ben: [Looking toward screen] What he said.
Justin: Look, here are the facts of the matter. Mr. Chernof and his accomplice were in the process of robbing a liquor store when the police arrived. Mr. Chernof then struck an officer and fled with his accomplice into Golden Gate Park.
Treesdale: And your client is currently incarcerated for robbery and felonious assault of a police officer.
Kate: Hence the cute orange onesie. Okay, with you so far.
Ben: Great, 'cause what you need to know is that a dozen cops responded to a call for backup, all riled up in the way that cops get, and chased Andre and his friend...
Justin: [interjecting] ...accomplice.
Ben: Whatever. Into a wooded area of the park, whereupon...
Treesdale: [continuing] ...whereupon they proceeded to lose both assailants.
Chernof: [on screen] No, two cops found me, and they beat me.
Ben: Concussion, broken arm, fractured leg. I mean, the jogger who found him a couple of hours later thought that he was dead. It was quite a beat-down.
Kate: Uh, Mr. Chernof, do you think you're able to identify the cops who did this to you?
Chernof: [on screen] I remember the punches. I know they were cops. That's it. I blacked out.
Justin: Look, in the past six months alone, there have been 35 assaults and over 100 robberies in that park.
Ben: Oh, you thought he was mugged. That's your theory.
Justin: You're an opportunist looking for an easy score, Mr. Grogan. The city will not be held up by him [points at Ben] the same way your client held up that liquor store.
Kate: Thanks for the sound bite, but, uh, there are no witnesses. I mean, who's... who's to say that the cops didn't do this?
Justin: I think I might give the cops the benefit of the doubt.
[Ben scoffs.]
Justin: The D.A.'s office is counter-suing Mr. Chernof for perjury.
Chernof: [on screen] What?
Kate: You're suing him?
Justin: I would think that if a judge finds that you're lying, you're looking at an extra, what, [Looks at Treesdale who holds up three fingers.] three, four years tacked on to your sentence.
Chernof: [on screen] Three or four years?
Justin: Yeah.
Chernof: [on screen] What the f...[Ben quickly mutes TV screen before Chernof can finish his expletive.]
Justin: Nice. [Points to Ben] We'll see you in court.
Ben: I'd like to start discovery tomorrow with the deposition of Lt. Frank O'Hara.
Justin and Treesdale: Who?
Ben: [mockingly] Who? You know exactly who O'Hara is. Do you want to settle now?
Justin: We're never going to settle. It's been a pleasure, Kate. [to Treesdale] Let's go.
Kate: Justin. Justin.
[Justin and Treesdale walk out of conference room.]
Sounds in reception area: Reed & Reed. How may I direct your call?
Lauren (Virginia Williams): Justin! [She catches up to him near the elevator] Hi. Uh, do you have a minute?
Justin: Yeah. [to Treesdale] I'll catch you back at the office.
[Treesdale gets on elevator and leaves. Justin steps back inside Reed & Reed office with Lauren.]
Justin: Since when is Reed & Reed in the ambulance-chasing game?
Lauren: I'd like to think we're diversifying our client base in this tough economy.
Justin: Right.
Lauren: Listen, Justin, um, I need a favor.
Justin: Yeah? What's up?
[Justin and Lauren step into her office, and she closes the door.]
Lauren: I am being investigated for attorney misconduct.
Justin: [chuckles disbelievingly] You're joking, right?
Lauren: Um, no. See, a-a former client has filed a complaint with the state bar, and I need to know if he has filed a criminal complaint with the D.A. as well.
Justin: Well, if he has, I might be guilty of misconduct if I told you. You know that.
Lauren: Please. Justin, I don't want to be blindsided. If I'm facing criminal charges, I need to know.
Justin: I'll see what I can find out.
Lauren: Okay. Thank you.
Justin: All right.
[Justin starts to walk toward the door. He turns back to look at Lauren.]
Justin: Hey. Do your partners know about this?
Lauren: No, I-I'd rather we just keep this to ourselves.
[Justin leaves. Lauren lets out a big breath.]
Lauren: [to herself] Okay.
Scene: Ben's office. Kate walks in and looks at Ben, seated at his desk.
Kate: Is your client telling the truth?
Ben: Come to the deposition tomorrow and decide for yourself. O'Hara was there that night. Your ex-husband tried to bury his report in the doc request.
Kate: [in disbelief] No. Really?
Ben: Really.
[Kate sits down in the chair across from Ben.]
Kate: Well, so then does this mean that you have a witness?
Ben: No. O'Hara swears that he didn't see a thing. That's why we're gonna win. He's an un-witness.
Kate: And you're a migraine with a mouth. An "un-witness"?
Ben: O'Hara says that he and his partner arrived at the park after the call for backup. They patrolled the area in their car until they caught sight of Chernof's buddy. O'Hara got out, gave chase, and lost him, but he admits to going down a path that went right past...right past where Andre was being assaulted. They're in the same place at the same time, and he doesn't say a thing in his report.
Kate: So then do you think he's lying?
Ben: No. [Holds up a picture of Lt. O'Hara] I think he looks like he's lying. And by the end of the week, the city's gonna know him as the cop who covered up a beating.
Kate: But what if he's not lying?
Ben: Third rule of humanity.
Kate: Oh, my God, not again.
Ben: People love a simple story.
Kate: Please, please.
Ben: There's, like, 14 good ones. The conservative politician with a sex fetish...
Kate: Oh, ew.
Ben: [continuing]The preppy murderer, the sports star who spends all his money, and the cop who lies to cover for his cop buddies.
Kate: And what about the cynical lawyer whose heart explodes?
Ben: My heart won't explode. It'll grow three sizes from all the money I'm gonna stuff inside of it. [Ben holds up the picture of O'Hara] This guy, boom. He's the golden ticket.
[Kate stalks out of Ben's office and walks past Leo's desk.]
Leo: Did he just say he was gonna stuff money inside his heart?
Kate: That man is despicable.
Leo: And that cop is screwed. I'm guessing the fact that a potentially innocent man may be scapegoated by the entirety of San Francisco bothers you.
[Kate glares at Ben through the glass office wall.]
Kate: Little bit.
[She goes into her office and shuts the door behind her.]
Scene: Kate and Ben are walking together into the police headquarters building.
Kate: If we are going to depose O'Hara, then I really think we should talk to all the other cops that chased Chernof into the park that night.
Ben: Why bother? They're just gonna stick to their story that they never found him.
Kate: But O'Hara is gonna stick to his story too.
Ben: Good! It's a ridiculous story. It's all we need to pry a delicious, crazy settlement from the city.
Kate: Don't you care what really happened in the park that night?
Ben: No. Some people have photographic memories. Some people paint portraits. I don't care. It's my gift.
Scene: Lt. O'Hara is seated between Justin and Treesdale on one side of a conference table. Kate and Ben sit opposite. There is a video camera on the table recording O'Hara's deposition.
Ben: So after Officer Morton radioed for backup from the liquor store, you and your partner responded.
O'Hara: I arrived after the first group of officers had already pursued the two assailants into the park.
Ben: Uh-huh.
O'Hara: We decided to drive around the perimeter to head them off.
Ben: So your partner, Officer Galeki...
O'Hara: [correcting Ben] Galaki.
Ben: [continuing] Galaki...stopped the car so you could get out and chase the suspect down a footpath.
O'Hara: Yeah.
Ben: And this footpath cuts right past...right past where Andre Chernof was being assaulted, and you saw nothing.
Treesdale: Hey, there's no exact timeline for when everything happened.
Ben: [to Treesdale] We know what time Andre was in the park, because he was trying to call his buddy when he got spotted. We know what time O'Hara got out of his car because of the dispatch tapes.
[O'Hara looks chagrined.]
Ben: Oh. Oh, Franky. Did you beat him?
O'Hara: [indignantly] Look, I never saw Andre Chernof.
Ben: Do you wear glasses?
O'Hara: No.
Ben: Were you drinking, high?
O'Hara: No.
Ben: Well, can you give us any reason why you might not have seen what was happening right in front of your face?
O'Hara: No.
Scene: Kate is in the lobby of the police building getting coffee from a vending machine. Justin approaches her.
Justin: Hey, you realize that your partner is attacking a decorated 23-year veteran who's 16 months from retirement. There's nothing to this case.
Kate: Oh, really? Then why would you try and bury O'Hara's report?
Justin: What are you talking about, bury?
Kate: Justin, you know what? Please. You knew this story sounded bogus.
Justin: Hey, no, no, no. We turned it over. If I didn't put it on top of the pile, it's only because I knew your partner would try to use it to skew the truth.
Kate: How would you know what the truth is?
Justin: I...
[Treesdale is behind Justin.]
Treesdale: Justin. We're back in.
[Treesdale walks away. Justin and Kate start walking together back to the conference room.]
Justin: Look, just do the right thing and call Grogan off, okay?
Kate: There are no witnesses.
Justin: Mm.
Kate: I mean, Justin, what if something is actually being covered up?
Justin: Oh, don't be naive, Kate.
Kate: [interrupting] I'm...
Justin: [Cutting her off and continuing] Chernof is a convicted felon. He has a history of lying to authorities.
[Justin and Kate start walking up the stairs.]
Kate: Oh, oh, I get it. Okay. So once a liar, always a liar, right? Are you gonna say that?
Justin: You know how it sounds in court.
Kate: Well, screw court. Doesn't anybody actually care about what happened to Andre Chernof?
Justin: You think that Grogan cares?
[They stop walking and stand on the landing midway up the staircase.]
Justin: Look, the only reason he brought you into this mess is because he thinks you're gonna throw me off my game.
Kate: Oh, you think?
Justin: Oh, so you know that he's using you.
Kate: Yeah.
[Justin looks up and sees Ben who is looking down at them from the second floor. Kate looks up at Ben and gives him a flirty wave and giggles and smiles seductively at him. Ben smiles back at her.]
Kate: [to Justin] How's your game now?
[Kate walks up the rest of the staircase alone and joins Ben who is waiting for her at the top.]
Ben: Trouble in paradise?
Kate: [very business-like] It's my turn with O'Hara. Stay out of my way.
Scene: Back in the conference room, same as before, except Kate and Ben have switched seats. Kate is now the one asking O'Hara the questions for the deposition.
Kate: Lt. O'Hara. You know, you gotta admit, sometimes police use inappropriate force whenever suspects hit another cop or they send them on a wild goose chase.
O'Hara: Yeah, well, for every rogue cop, there are thousands who keep their heads down and do their jobs.
Kate: Keep their heads down as in, in the sand?
Justin: [Shaking his head] Unbelievable.
O'Hara: [angrily] Oh, you want to twist my words, lady? Lawyers trick and talk. Well, let me tell you something. That's not what cops do.
Kate: Oh, yeah?
Treesdale: No, they...
O'Hara: [Cutting off Treesdale] No, no. This world's dangerous enough, but know what makes it worse people who stand on the sidelines and do nothing. We get in there, and we go where you wouldn't dream of going in your cute little dress.
Kate: This cute little dress has been more places than you can even dream of, jackass. And just for the record, I'm not a big fan of lawyers myself.
O'Hara: And that's even worse. 'Cause I can't imagine coming to work every day to do something I knew was lousy.
Justin: Kate.
Kate: No, no, no. He's right. You're right. You see this guy? [points to Ben] He's exactly what you're talking about. And do you know what his plan is? His plan is to make you the bad guy in this movie. So while you're being dragged through the mud in front of the entire city, Andre Chernof, he's gonna be the hero. So if you did see something, lieutenant, now is definitely the time to spit it out.
O'Hara: You think you're different than him, but you're not.
[Kate stands up and leans over the table toward O'Hara.]
Kate: Are you happy that Andre Chernof got beat up, huh? Did Andre Chernof get what he deserved? 'Cause me, in my cute little dress, living my safe little life, I can't do anything about a man like him. Is that right? But you, a decorated cop, a lieutenant, you can do whatever you want. Hey, O'Hara. Do you beat your wife up too whenever she does...
Justin: [interjecting] Hey, Kate, back off!
Kate: [practically shouting] Would you lie to protect another cop?
O'Hara: I would take a bullet for another cop. Lying ain't no big deal. But I didn't see anything.
Justin: Okay, okay. Lt. O'Hara, did you or did you not see Andre Chernof being beaten?
O'Hara: No. And I don't care what you do to me.
Scene: Kate's office. Kate is sitting at her desk listening to the police dispatch tape recordings on her computer.
Galaki: [on dispatch tape] Suspect on corner of 8th Avenue and JFK.
Dispatcher: [on dispatch tape] 10-4, suspect at corner of 8th Avenue and JFK.
[Leo walks into Kate's office.]
Leo: Whatcha doing?
Galaki: [on dispatch tape] O'Hara on foot in pursuit.
Kate: [to Leo] I'm not tricking and talking, that's for sure.
[Ben walks in carrying a tablet computer.]
Kate: [slightly accusingly] You didn't tell me they sent you the dispatch tape.
Ben: They sent me everything. And as long as we're playing show and tell, we all know our movie star. [He holds up tablet computer with O'Hara's deposition paused on it.] And every movie needs a famous line that people can do bad impressions of.
Leo: [as Darth Vader] "I am your father." [as Bond villian] "No, Mr. bond, I expect..."
Kate: Leo, cut it out.
Leo: [as Jack Nicholson] "You can't handle the truth."
[Ben hits play on his computer and the video of O'Hara's deposition plays.]
O'Hara's voice: [on computer] I would take a bullet for another cop. Lying ain't no big deal.
Ben: I think that says it all. [smiling] The city knows it. I've told Treesdale that I've scheduled a press conference for tomorrow morning.
Kate: But he said he didn't see anything.
Ben: He said a lot of things. You know, for someone that doesn't like lawyers, you totally rocked it, Katie. You got the goose to lay the golden egg. Maybe we are alike.
[Kate angrily jumps over her desk, knocks over her candy dishes, and gets right up in Ben's face. Candies scatter all over the floor.
Kate: [to Leo] I'll clean it up later.
[She stalks out of the office. Ben gives her a questioning look.]
Leo: [as Arnold Schwarzenegger in "The Terminator"] "I'll be back."
Leo: [to Ben] Too easy?
Scene: City Hall. Lauren is sitting demurely on a bench in the hallway outside of Justin's office. Justin comes out to see her.
Justin: No criminal complaint against you, as of now, at least. Can we walk? I'm running late.
Lauren: Yeah, yeah, sure.
[Lauren picks up her purse and coat and they walk together down the hall.]
Justin: So what did you do, Lauren? Or allegedly do?
Lauren: I made a clerical error. It was... it was right around the time that we added a new partner.
Justin: I'm a big fan of his, by the way.
Lauren: Oh, yeah, well, beggars can't be choosers, right? Anyway, I had a lot going on, and I accidentally transferred $23,000 from a mislabeled client's trust into a Reed & Reed account. It was for less than 72 hours, mind you, at which point I caught my error, and I immediately transferred the funds back.
Justin: Immediately after 72 hours.
Lauren: It was a simple mistake, Justin. And most importantly, it did not cost Ian Saunders a thing.
Justin: Ian Saunders? You know, he and Teddy went way back.
Lauren: Yeah, I know. When Ben came on, he had a client with a conflict of interest, and, anyway, we chose to drop Ian.
Justin: Yeah, but not before you used his money illegally. I can see why this guy has an ax to grind.
[Justin steps in his office. Lauren follows.]
Lauren: Justin, it was an oversight.
Justin: All right, look. I've got a friend who works at the state bar court. I can find out how seriously they're taking this thing.
Lauren: Okay.
Justin: You have good representation?
Lauren: Uh, yeah, thanks, but I think I'll go this alone.
Justin: You know, you keep saying that, but I don't think you're giving yourself the best counsel. I gotta go.
Lauren: Yeah.
Scene: Police headquarters building. A uniformed policewoman is walking through the lobby. Kate approaches her.
Kate: Officer Galaki? Hi, I'm Kate Reed.
Galaki: [suspiciously] I saw you come in for Frank's deposition. You're a lawyer.
[Galaki keeps walking. Kate follows.]
Kate: Uh, wha... you know what? Let's just say that I'm somebody who wants to believe that Lt. O'Hara is telling the truth.
Galaki: You got one minute.
Kate: Tell me what happened that night.
Galaki: [flatly] Lt. O'Hara got out on foot to chase Chernof's accomplice. Frank's no kid, but he was really flying.
Kate: Okay.
Galaki: [continues] I was in the car heading west on JFK drive. I radioed that I would go around to conservatory to pick him up. When I got there, the suspect had eluded capture. Frank said nothing about a beating.
[Galaki enters the parking garage for police vehicles. Kate continues to follow her.]
Kate: You know, you sound like you've practiced that before. And officer, if you're...if you're covering for him...
Galaki: He's not that kind of cop.
Kate: Oh, well, then, who is that kind of cop?
[Galaki gets into her police cruiser. Kate stands beside the car talking to Galaki through the car's window.]
Galaki: He saw nothing.
Kate: Okay, I believe you.
Galaki: Good. We're done here.
[Galaki takes off in the police cruiser.]
Kate: [shouting after the car] No! We're just getting started.
Scene: Lauren's office. Lauren is sitting at her desk. Kate enters and stands opposite Lauren.
Kate: Oh, roomie. How would you defend someone who... hypothetical here...uh, says that they are 20 feet away from something but then didn't actually see anything?
Lauren: Uh, altered mental state, drugs, alcohol.
Kate: No.
Lauren: Impaired perception.
Kate: No.
Lauren: Weren't wearing their glasses.
Kate: No, none of...none of those work.
Lauren: Inattentional blindness.
Kate: Ina-what?
Lauren: The phenomenon of not being able to see something in plain sight because you're too focused on something extremely urgent.
Kate: Aha. Yeah. Would a jury buy it?
Lauren: Well, coming out of the mouth of an expert witness with a bow tie and glasses, yeah, they could.
Kate: Great, thank you.
[Kate starts to dash out of the office. Lauren stops her at the door.]
Lauren: Wait, is this about the Chernof matter?
Kate: So close.
Lauren: Kate. Reed & Reed is not currently in a position to raise any red flags.
Kate: Is something wrong? You've been acting weird.
Lauren: No, I have not.
Kate: Yeah. I mean, come on, Lauren. Even for you.
Lauren: No.
Kate: Yes.
Lauren: Kate, nothing... is wrong.
Scene: Justin's office. Justin is seated at his desk. Lauren is sitting opposite from him.
Justin: I have good news and bad news.
Lauren: Okay. I'll take the bad news first.
Justin: Huh, that's funny. Kate always likes the good news first.
Lauren: Kate also eats her dessert before dinner.
Justin: True. My buddy at the state bar says that Ian Saunders is like a pit bull. And he has locked his jaw into this one, and he is not letting go.
Lauren: Okay. So give it to me. What... what am I looking at, worst-case scenario?
Justin: Worst-case scenario is you are indicted for embezzlement and disbarred. Best case, you get off with a public reproval.
Lauren: [visibly upset] Wow. That would obviously be a...fatal blow to my career and the reputation of Reed & Reed.
[She gets up and paces about the office.]
Justin: Yeah. But the good news is, if you can get Saunders to withdraw this complaint, the state bar won't pursue this matter on their own.
Lauren: [bitterly] I'm sure if I just ask him nicely...
Justin: Well, have you considered having Kate ask him? You know, Ian was at our wedding. Lauren, swallow your pride. Just ask her for help.
[Lauren inhales deeply and appears to be considering Justin's suggestion.]
Scene: Kate's office. Kate is sitting with her feet up on her desk looking at a laptop computer in her lap. Leo walks in holding some papers/
Leo: Hey, hey, hey. I got that research on underventional blindness.
Kate: Inattentional
Leo: Invitational.
Kate: Whatever. We got 22 hours. [in fake Spanish accent] "Esplain."
[Kate puts down the laptop and turns to face Leo.]
Leo: Okay, it's all over the net, and it involves a gorilla and a basketball game.
Kate: Huh?
Leo You're watching this video where people are passing a basketball around, and you're supposed to count the passes. Then this guy's voice is like, "Hey, did you notice the gorilla?" And you're like, "What gorilla?" See, you're too busy counting to notice this full-on major monkey in the middle of the game.
Kate: But how did they get the gorilla to walk through the basketball game?
Leo: All you need to know is this is how the mind really works. As a defense, it might not be so crazy.
[Ben looks into her office from the doorway.]
Ben: What might not be so crazy?
Kate: Inattentional blindness, which I guess is something you don't know about.
Ben: The gorilla and the basketball. Total horsepucky.
[Ben starts to walk away.]
Kate: You can't use O'Hara, Ben.
Ben: Hmm?
[Ben comes back to the doorway. Kate gets up from her desk and meets him at the door.]
Kate: Look, I listened to the tapes. I talked to his partner, and I-I-I don't believe that O'Hara saw what happened to Chernof.
Ben: Interesting theory. But Justin's here to settle. [He points down the hallway towards the conference room. Justin is walking into the conference room.] If you think O'Hara's telling the truth, then you might be invested in all this going away.
Kate: Oh, I am. All... Of this. [Kate gestures at Ben from toe to head.]
Scene: Reed & Reed conference room. Justin and Treesdale sit on one side of the conference table. Kate and Ben sit opposite.
Justin: [indignantly] We all realize this is blackmail.
Treesdale: We're prepared to go as high as $150,000.
Kate: Great.
Ben: Too low. You'll have to do better.
Justin: Excuse me?
Ben: [enunciating and speaking slowing] Too low. Do better.
Kate: No. No. We'll take it.
Ben: No, we won't.
Kate: Here's the thing. He's not bluffing. He's gonna use O'Hara, and, fellas, it's... it's gonna get really ugly.
Justin: Kate, we can't. That's our offer.
[Kate gets up and walks around the table to where Justin is sitting. She puts her hand on his shoulder.]
Kate: Justin... Justin, listen to me, please. Please. Just make this thing go away.
Justin: 300,000.
Kate: Yes.
Ben: No.
Kate: Y... no!
[Kate shoots Ben an annoyed look.]
Justin: Forget it. We're outta here.
Kate: Look, no, no. He... he didn't... he didn't mean no.
Justin: There will be no more offers.
[Justin rises and starts to walk out the door. Kate is right on his heel.]
Kate: Don't leave. Don't leave.
Ben: Press conference in the morning.
Kate: [turning toward Ben] No, c...don't do that!
Justin: [turning toward Ben] You know what? Why don't you just have it right now? If you want to ruin an innocent man's life...
Kate: Justin.
Justin: [continuing] Just to make a buck, go ahead.
Ben: Make a buck? Please. Andre Chernof deserves 2 million at the shallow end.
Kate: [to Ben] This is not about your client.
Justin: You don't even care about your client.
Ben: I care about him a lot more than you do. All you see is a felon who maybe got what he deserved.
[Ben stands up. He and Justin are now standing face-to-face with Kate in between them.]
Kate: So are you guys playing lawyers chicken until somebody blinks?
Ben: Yeah, that's exactly what you do when you've got the winning hand.
Justin: We're done here, Kate. I'm sorry.
[Justin turns to leave. Kate grabs him by the arm trying to hold him back.]
Kate: No, no, no. Don't leave. Don't leave. Don't leave. Let's go back to the table. We can figure out a number.
[Justin turns to face Kate. Ben is behind Kate looking at Justin.]
Justin: Kate.
Kate: We can fix this.
Justin: You cannot mediate this, because you have already chosen a side.
Justin looks directly at Ben. Ben looks up at Justin and grins smugly.
Justin: [to Treesdale] Let's go.
[Justin and Treesdale walk out of the conference room.]
Kate: [to Ben, angrily] A man's career and reputation are on the line.
Ben: I know. [Ben starts walking toward his office. Kate follows.] That's why people want to hear a story about him. Aristotle, the terror, the pity.
Kate: It's gonna be a circus.
Ben: People like circuses.
[They stop directly in front of Leo's desk. Kate is standing directly in front of Ben getting in his face a little.]
Kate: [Shouting] Okay, you know what? You! You are the Russian doll.
Ben: What?
Kate: Except when you get all the way down to the center, there is nothing there. You're empty.
Ben: Well, you know what you are? [Getting into her face] You're a tease.
Kate: A tease?
Ben: Yeah, just like the night we met.
Leo: Ooh, it's all coming out now.
Ben: You loved the idea of fighting Justin to help the little guy, but now we're this close to a win.
Kate: A win?
Ben: You're out the door!
Kate: [raising her voice] A win? You cannot use an innocent man!
Ben: You've played your part for me. You're free to do what you want.
[Ben stalks off into his office. Kate follows.]
Kate: You know, what I want...Is for you to have never happened.
[Kate pokes Ben in the chest with her finger and stalks off to her office. They are both standing right inside their office doors with Ben shouting at her from across the hall.]
Ben: Well, I happened, lady! And guess what? The circus is coming to town!
[Both slam office doors simultaneously. Leo is left alone sitting at his desk.]
Leo: [excitedly] The circus.
Scene: Later that evening. Ben is getting ready to leave work. He walks out of his office through the deserted reception area. He has his hand on the office door when
Kate: [smiling seductively] Hiya, Benny.
[Ben turns to see Kate leaning seductively against the glass office wall. The top couple of buttons on her blouse are undone, and her hair is tousled sexily.
Ben: You want to know what my definition of insanity is?
Kate: [softly] Hmm?
Ben: When a person's thoughts and actions are in complete opposition, like, say, your thoughts and that smile.
Kate: Well, maybe it's because I already know you're dying from a slow and painful poison.
Ben: I'm sure you're entirely capable of that.
Kate: [chuckles] Oh, Ben.
Kate walks slowly down the three steps towards the reception area where Ben is standing.
Kate: [silkily] Ben, Ben, Ben.
[She stands across from him.]
Kate: You know what? I don't want to murder you. I build bridges between people. And even though it's a challenge...
[She taps him lightly on the chin and nose.]
Kate: I want to build a bridge to you.
[She grabs his tie and starts pulling him forward with it.]
Ben: I'll be honest. The vibe's still pretty car-bomby.
[Ben and Kate are now in Ben's office. Kate is pushing him down into his desk chair.]
Kate: I am convinced that O'Hara...
[Kate walks to the other side of Ben's desk and stands facing him. She leans over revealing a glimpse of cleavage.]
Kate: was inattentionally blind when he was chasing that guy through the park. Now, I'm also convinced that there is a little bit more to the story.
Ben: [Staring at her chest] I don't want more story. I...have enough story.
Kate: Mm-hmm.
Ben: [Looks up at her face] And inattentional blindness does not exist.
[Kate sits on the edge of Ben's desk and swings her legs over to face him.]
Kate: Well... I'm gonna find out what happened in the park that night. And you are gonna call off the press conference until I do.
[Kate starts playing with one of the pendants hanging around her neck, touching it and mouthing it suggestively.]
Ben: Okay. Now, you look.
Kate: Mm.
Ben: You may be after the truth. I remain somebody not after the truth. [Ben glances down at Kate's cleavage.] I remain after the simplest...[He steals another glance at her chest.] Cleanest story of one dirty cop covering to protect his buddies. That alone...[He looks again.] Gives us a lot of cheddar, so changing that story now would only muck everything up. And let's...[Steals another peek.] let's not muck it up.
Kate: Oh, right, right, right. Well, I see your point.
[She climbs down off his desk right in front of him and leans forward to play with his tie. Ben gets an even better view of Kate's cleavage and a glimpse of black bra. Her chest is practically right in his face. He looks shocked and excited all at the same time.
Kate: But... What if we actually found the cops who did this, instead of crucifying an innocent one? And then we'd have an even bigger payday. And isn't that what you love?
Ben: [Staring unabashedly down her blouse] Mostly.
Suddenly, a horn honks. Kate laughs and turns around to point at Leo who was standing behind her wearing a red, white, and blue clown wig.]
Kate: Oh, wow. Look. It's Leo.
Ben: Oh.
[She walks around to the other side of Ben's desk and stands next to Leo.]
Kate: There the whole time. However did you not see him...
Ben: [sheepishly] Oh, okay.
[She buttons up her blouse.]
Kate: Standing ten feet away from your desk? Perhaps your focus was elsewhere.
Ben: Okay, all right. Maybe I was momentarily distracted.
Kate: [in disbelief] Ha.
Leo: [gesturing towards Kate's chest] You were inattentionally blinded by her fancies, Yancy.
[Leo toots the horn again. Ben scoffs.]
Kate: [business-like] It may not fit your story, but O'Hara didn't see anything. So call off the press conference. Prove to me that you are not as shallow as I think you are.
Ben: [curtly] Fine. Your little demo bought you a push until 3:00 tomorrow afternoon.
[Ben gets up from his desk and walks towards Kate and Leo.]
Ben: But if you can't find me a better story by then, then the O'Hara story goes wide. No more delays.
[Ben grabs his coat and strides out the door. Kate turns to Leo and lets out a long breath. She smiles and toots Leo's clown horn again.]
Scene: A parking lot in the late evening. Ian Saunders is walking toward his car. Lauren has been waiting for him. She steps out of her car and walks towards Ian.
Lauren: Ian. It's me, Lauren Reed.
Ian: You going to rob me again, Ms. Reed? Is it a mugging in the parking lot this time?
Lauren: Well, you wouldn't return my calls, so...Ian, listen. I did not keep a penny of the money I transferred from your account. Now, I-I realize that you are upset at the way things worked out.
Ian: [sarcastically] Why would I be upset?
Lauren: Your complaint...Ian, it is vindictive, and it endangers our entire firm.
Ian: Really? And what's that worth to you?
Lauren: [confused] I'm sorry?
Ian: [menacingly] Between you, me, and the lamppost, Lauren, I'm not upset, because you're going to pay me 100 grand to make the complaint go away. You mention this to anyone, and I'll file a criminal complaint as well.
Lauren: So it's you who's robbing me.
Ian: Good night, Mrs. Reed.
[Ian gets into his car and starts the engine, leaving Lauren standing there alone. Lauren walks back to her car.]
Scene: Kate's office, the next morning. Leo approaches Kate wearing the red, white, and blue clown wig from the evening before.
Leo: Hey, Kate. I want to show you something.
[She walks towards Leo.]
Kate: Oh, my gosh, don't you want to take that off?
Leo: No, I love my country.
[They both walk over to Leo's desk and look at his computer screen. On screen, is a map with many colored dots marking various locations. ]
Kate: Okay. What is this?
Leo: It is a computer model of the crime scene, with Skittles for people. The red Skittle is Andre Chernof. The purple ones are cops. And watch this.
[Leo taps his keyboard, and the Skittles begins to slowly move on screen.]
Kate: Oh, um, okay. That's, um, disturbing and making me hungry. What... what are the...what are the green ones?
Leo: Those are squad cars, and... delicious... the animation is calibrated with the timings from the police report, so all the skittles move at the exact same rate as everyone and everything the night Andre Chernof was beaten. Could turn something up.
Kate: [Smiling and pointing at Leo] You are brilliant.
Leo: [chuckling modestly] Well, I don't know.
Kate: Can you sync this up with the audio file of O'Hara's dispatch tape?
Leo: Yes, I can. Give me a minute.
[Lauren walks up to Leo's desk.]
Lauren: [nervously] Uh, Kate. Can I have a word?
Kate: Well, we're just in the middle of something right now. Can it wait?
Lauren: [very seriously] It can't wait.
[Kate and Lauren walk into Lauren's office and she shuts the door.]
Lauren: I am being investigated by the state bar.
Kate: Oh, my God. Is this what's been going on?
[Both sit down, Lauren at her desk, Kate directly across.]
Lauren: I made a mistake. A clerical error. Ian Saunders is out for blood, and, uh, it's getting more complicated by the minute. Now, Kate, I realize...
Kate: [without hesitation] How can I help?
Lauren: [disbelieving] Really?
[Kate walks back to Leo's desk.]
Leo: What was that about?
Kate: Oh, uh, just... ugh, Lauren.
Leo: Ah. [pauses] Okay, well, O'Hara's dispatch is now synchronized with the animation.
Kate: Good, okay.
[Leo presses a key on his keyboard, and the Skittles start moving on the screen synched with the police dispatch tapes.]
Leo: [narrating] Galaki calls it in.
Galaki: [on tape] 3 Torch 14 Edward to dispatch, responding to 2-11, 2-40, suspect at corner of 8th Avenue and JFK.
Leo: [narrating] O'Hara leaves the car and runs toward Chernof's accomplice.
O'Hara: [on tape] I'm in foot pursuit.
Galaki: [on tape] 10-4. Meet you on Conservatory.
O'Hara: [on tape] In pursuit. Repeat, in foot pursuit.
Galaki: [on tape] Copy. Headed west on JFK.
Leo: [narrating] Galaki then turns onto Conservatory and heads towards O'Hara.
O'Hara: [on tape] I've... I've lost him. [panting] I've lost visual. 2-11, suspect. I lost him.
Galaki: [on tape] 10-4. I...[hesitates] I'm just around the corner. There in a minute.
Kate: [to Leo] Okay, um, go back. Replay what she just said.
Leo: 10-4.
Galaki: 10-4. I...[hesitates] I'm just around the corner. There in a minute.
Kate: There isn't any car noise behind her, but she says she's driving. W-what if Galaki turned onto Pompei Circle to get to O'Hara quicker?
O'Hara: [on tape] I'm in foot pursuit.
Galaki: [on tape] 10-4. Meet you on Conservatory.
O'Hara: [on tape] In pursuit. Repeat, in foot pursuit.
Galaki: [on tape] Copy. Headed west on JFK.
Kate: She turns up Pompei Circle
O'Hara: [on tape] I've... I've lost him. I've lost visual. 2-11, suspect. Lost him.
Kate: and now Galaki's headlights are shining on Chernof.
Galaki: [on tape] 10-4. I...[hesitates] I'm just around the corner. There in a minute.
Kate: Galaki saw the beating.
Scene: Kate and Officer Galaki are meeting in a coffee shop over coffee.
Kate: Officer Galaki, as I said on the phone, your report does not match the dispatch tapes. So I don't think you were where you said you were. And I think you saw what happened. So if you want to get Frank out of this mess, then you need to identify who assaulted Andre Chernof. And if you don't, your partner's career... is over.
Galaki: Frank shouldn't be punished for something he had no part of.
Kate: Yeah, but you know who did have a part of it, don't you?
[Cut away to Kate and Galaki outside the coffee shop sitting on a park bench.]
Galaki: [haltingly] I pulled down a dead-end road, and...I saw two of our guys...Beating up Chernof. They told me to keep my mouth shut. I tore out of there, picked up Frank. I didn't say a thing to him. I didn't want to involve him.
Kate: He's involved now.
Galaki: [holding back tears] I say anything, they all turn on me. How could I stay in my job?
Kate: Okay, listen.
[Galaki stands up, visibly upset.]
Galaki: I got a kid to support.
Kate: Listen, listen.
Galaki: I gotta look out for him.
Kate: [pleading] Please, I only have until 3:00 to save your partner. Please? Please, please?
[Galaki turns and walks away.]
Kate: [in disappointment] Ugh.
[Kate gets a look on her face like she's just remembered an important appointment she'd forgot.]
Kate: Oh!
[Kate runs off.]
Scene: Just inside the doorway of a quaint, little restaurant. Lauren is waiting impatiently for Kate. Kate walks in.
Lauren: Kate, you are late.
Kate: I know. I'm late. I know. Okay. Oh.
[They walk in together and approach a table where Ian Saunders is sitting. Kate and Lauren take seats across the table from him.]
Kate: Oh, Ian. [brightly] Hi. Oh, thanks so much for agreeing to lunch.
Ian: I'm only here out of respect for your father, Kate.
Kate: Well, thank you so much, and, uh, I'm sure that he would want...That same respect extended to his widow.
Ian: Who embezzled from me.
Kate: Well, um...Lauren made a clerical error, which she then fixed in 72 hours.
Ian: Oh, what do you take me for? I'm sorry if this hurts your interest in Reed & Reed, Kate, but I'm not withdrawing my complaint.
Kate: Oh, oh, Ian, come on. I'm not worried about my interest. I mean, Reed & Reed's gonna be fine with or without that one.
[Kate points to Lauren. Lauren shoots Kate a look.]
Kate: What I'm concerned about are your interests, which won't be best served by pushing somebody [Kate points towards Lauren] so far into a corner that they got nothing to lose by striking back.
Ian: What are you talking about?
Kate: Do you realize, if Lauren is disbarred, she is no longer bound by attorney-client privilege?
Ian: Oh, of course she is.
Lauren: Actually, no. The courts have ruled different ways on that lately.
Kate: She's right. They've now been siding with lawyers who've been forced to keep quiet while all kinds of corporate B.S. goes unpunished. Now, I realize that over the years not all the business we've handled for you has been entirely kosher.
Lauren: [scoffing] Huh.
Kate: And if Lauren's sitting at home, bored, without a job, I don't know, Ian.
Kate: [to Lauren] Did, uh, Teddy keep all those files?
Lauren: [to Kate] Oh, your daddy was a packrat.
Kate: Ooh.
[Ian stands up.]
Ian: Are you extorting me?
[Kate and Lauren both stand up.]
Lauren: How does it feel, Ian?
[Ian stalks out of the restaurant.]
Kate: [yelling after him] I'm still waiting for my track suit.
[Lauren lets out a long sigh of relief. She sits back down.]
Lauren: Wow. All of this over a silly mistake.
Kate: Uh-uh. No. No. You don't make mistakes.
[Kate sits back down facing Lauren.]
Kate: [scolding] You borrowed money from Ian's account to make payroll. You broke the law.
Lauren: [apologetically] Kate.
Kate: [sternly] Now... now... no. No. You did what you had to do to save Reed & Reed, and for that, thank you. But next time, you better tell me what's up.
Lauren: [contritely] Okay. Fair enough. Well, thank you for saving my ass.
Kate: [softening] Eh, you're gonna be fine.
[Kate's phone starts ringing.]
Kate: Ugh.
[She picks up the phone.]
Kate: [on phone] Hey, Leo. What's up?
Leo: [on phone] Galaki's coming clean.
Kate: [on phone] Okay. Yay.
[Kate picks up her coat and runs out without a goodbye to Lauren.]
Kate: [on phone] Yeah, yeah, yeah. I'll be right there. Yeah, on my way.
Kate is outside the restaurant now. You can see her running past the large windows looking out onto the street.
Lauren: [exasperated] Oh, my God.
Kate: [on phone] I'm going there right now!
Kate: [raising her arm to hail a cab] Taxi!
Scene: Ben's office. Ben is sitting at his desk watching his clock. The clock changes from 2:59 to 3:00, and Ben quickly picks up the phone and makes a call.
Ben: [on phone] Hi, this is Ben Grogan calling for Dudley do-right. My bad, I mean assistant D.A. Justin Patrick. [pauses] Oh, okay. Let him know that all his favorite TV stations will be assembling for a little press conference in response to a video I'm about to release.
[Kate steps into his office.]
Kate: Grogan. Hey. Drop the phone.
[Ben hangs up the phone.]
Scene: Kate, Ben, and Officer Galaki are walking into City Hall. Galaki is preparing to give up the names of the officers she saw beat Andre Chernof.
Kate: You're not gonna regret this.
Galaki: I don't think I will.
Kate: Yeah.
Ben: [grumbling] Always gotta make things complicated.
Kate: Oh, and that's my gift.
[As Kate, Ben, and Galaki are approaching Justin's office, they see O'Hara, Justin, and Treesdale walking out of the office.
Galaki: [surprised] Frank?
Kate: [confused] Wha... what's going on?
Justin: Lt. O'Hara has just supplied our office with the names of the two patrolmen who assaulted Andre Chernof.
[O'Hara gives Galaki a long meaningful look.]
Kate: What? How...how did he do that?
Justin: He admitted he saw the assault.
Galaki: [to O'Hara, defiantly] No.
O'Hara: [to Galaki, reassuringly] It's over. It's all over.
Justin: Excuse us.
[O'Hara, Justin, and Treesdale walk on past Galaki and Kate towards elevators.]
Kate: [to Galaki] Uh... um, I'm sorry. What just happened?
Galaki: I called Frank an hour ago to say what I was doing. He asked the names of the two cops that did it. [with relief and gratitude] He just saved my life.
Ben: Told us he'd lie for a cop.
[Kate takes off toward the elevators where Justin, Treesdale, and O'Hara are waiting.]
Kate: [to Justin and Treesdale] Excuse me. Fellows, excuse me. Sorry. Can... can I get a, uh, word with Lt. O'Hara, please?
Justin: [to Kate] Yeah, of course. [to O'Hara] Thanks again.
O'Hara: [to Justin] Okay.
[Justin and O'Hara shake hands. Justin and Treesdale walk away. Kate and O'Hara are alone in the hallway.]
Kate: Why?
O'Hara: I don't feel I owe you any explanations.
Kate: Okay, that's fair enough. But taking the blame? And if it comes out that Galaki was the one...
O'Hara: It's not gonna come out. They're gonna want to put this to bed.
Kate: Lieutenant, you could be suspended. You could lose your pension.
O'Hara: What I'm gonna lose is some friends. Some are gonna think I'm a rat, and some are gonna think I did the right thing. Okay? But Galaki, she needs this job more than me.
Kate: And you took the bullet.
O'Hara: She's my partner. And I owe you an apology for the things I said.
Kate: No. You don't. I do hate lawyers. But I am one, and I have to keep finding ways to make that work.
[Elevator dings and door opens.]
O'Hara: Well, if you'll excuse me, I need a drink.
Kate: Have one for me too.
[O'Hara steps into elevator and door closes.]
Scene: Kate is at the coffee stand in City Hall. She is getting a cup of coffee. Justin comes up behind her.
Kate: [to coffee vendor] Thank you.
Justin: So I was wrong about this one.
Kate: Oh, I love hearing that.
Justin: Yeah, I guess I just didn't want to believe the cops were involved. I'm not usually blinded by my emotions.
Kate: Well, I have no idea what that's like. You said I was the one being used.
[They turn away from the coffee stand and walk down the hallway together.]
Justin: [chuckles] Yeah. Hey, uh, just for the record, okay, if you wanted to be used or...
[Justin glares down the hall at Ben Grogan who is standing there against the wall reading a text message on his phone.]
Justin: Not be used, but... but what I'm saying is...
[Kate looks over her shoulder to see what Justin is glaring at.]
Kate: [shocked] Ben Grogan?
Justin: [surprised] No. No?
Kate: [horrified] No!
Justin: [embarrassed] No, no, no, no. I'm talking about the concept in general of dating. I-I wouldn't be... I... I wouldn't be... I... I wouldn't be...it's like I...okay, look, I'm not...
Kate: [smiling] Okay, it's so cute to see you fumbling for your words.
Justin: [embarrassed] Okay. Oh, my God. Forget I said anything.
Kate: Ack! Good, I hope so. 'Cause that was weird.
[Kate turns and starts walking away. She walks towards Ben.]
Justin: No.
Kate: Yeah, that's weird. You're weird.
Justin: You're weird.
Kate: Uh-huh, you're a weirdo.
Justin: Okay.
[Justin turns and starts to walk away, but stops and calls back to Kate.]
Justin: Hey. Thanks. I'll see you later.
[Kate smiles back at him before turning to rejoin Ben. Justin walks away.]
Scene: Later the same evening. Kate and Ben are at an upscale bar together having drinks. Ben holds up his glass to make a toast.
Ben: To partners.
Kate: [haughtily] Ugh, whatever.
Ben: Look at you. Agreeing to have a drink with me.
Kate: [standoffishly] Oh, slow down there, cowboy. You know what? I just needed a bar and somebody with a car to drive me there.
Ben: What is the matter? You're the queen of win-win. This is win-win-win.
Kate: Uh-huh.
[She appears to be relaxing a little as Ben speaks and even gives him a smile.]
Ben: You get the truth. O'Hara gets to keep his pension. And Andre Chernof is going to clean up.
Kate: [jokingly] You know what you should do? You should put it in a CD. What's the interest on seven to ten years?
Ben: Settlement's a deterrent.
Kate: [mockingly] Oh, how you figure?
Ben: It will deter me from buying any bottles of wine for under $100.
Kate: That's disgusting.
Ben: That one's good.
Kate: [grimacing at Ben] That's gross. That's just gross. True to form, right to the end.
[They clink their glasses together and both take a drink. Kate looks up at the mirror over the bar. In the reflection, Kate sees Justin walk in the bar with a date. Kate slams her glass back down on the bar.]
Kate: Ugh. Oh, my God.
Ben: What?
[Kate turns around to see Justin and his date.]
Kate: Oh.
[Ben turns around to see what she is looking at. Kate puts her hand on his cheek and turns his face back towards her before he can take a good look.]
Kate: No, no, no. Don't look, don't look.
[Kate glances furtively back at Justin and his date.]
Kate: [shaken] Justin just walked in with a really, really, really... Pretty girl.
[Ben looks at the reflection of Justin and his date in the mirror.]
Ben: [with concern in his voice] Do you wanna get out of here?
Kate: No. No. No, no, no. I'm fine. I'm good.
[She quickly drinks the rest of her drink, looks over her shoulder again at her ex and his date, then turns to Ben.]
Kate: Uh...Let's get outta here. I'm good. Can we go?
[Ben looks briefly disappointed that the moment was spoiled.]
Ben: Yeah.
Kate: Mm-hmm, good. Let's go.
[Kate grabs Ben by the wrist and leads him away from the bar.]
Scene: The same evening. Ben's car is seen pulling up in front of Lauren's house. Ben is giving Kate a ride home after the bar. They both get out of the car and start walking up the sidewalk to the front door.
Ben: So...What basically happens is you love and you lose, and then the person you lost finds someone else and wins. So love is basically an eternal return to hell.
Kate: Oh.
Ben: [continuing] For losers.
[They reach the door, Kate gives Ben a playful swat, and then starts fumbling around in her purse for the keys.]
Kate: You know, you wondered what would've happened if we'd gone home together.
Ben: Yeah.
Kate: Was it everything you hoped for?
Ben: Yeah, this is exactly how I imagined it. You're miserable, and I have to pee.
[Kate stumbles. She appears to be drunk.]
Ben: Whoa. You okay there, sailor?
Kate: Ah. Oh, yeah.
[Kate manages to unlock the door. She holds it open for Ben to follow her in.]
Kate: You wanna come inside? [Ben shoots her a questioning look.] To pee.
Ben: Yes. Please.
Scene: Living room in Lauren's house. The fireplace is lit and the darkened room is partially lit by the flames flickering light. Kate is standing by a window staring out pensively. Ben steps out of the bathroom and picks up his suit jacket from a countertop. He is putting it back on as he walks towards Kate.
Kate: [jokingly] How did it go?
Ben: [deadpan] Think I'm finally getting the hang of it.
Kate: [more seriously] Can I ask you a favor?
Ben: Sure. Winning and money has put me in a very good mood.
Kate: You know...You and I are very different people. But you are exactly what I need right now.
[She turns to look at Ben. He shoots her a questioning look. Kate starts walking towards him.]
Kate: [softly] Someone...Who's not gonna mind if I use them.
[Ben shoots her another look.]
Kate: That's your gift, right? Not caring?
[She stops in front of him, and lightly touches him on his hips with both her hands.]
Being empty?
[She puts her face close to his, almost close enough to kiss.]
The Russian doll.
[She slides his suit jacket back and places her hands on his hips, stepping even closer so that their lips are almost touching, but not quite.
Kate: Stay.
[Ben takes a step back, pulling away from her. He looks down, slightly embarrassed.]
Ben: I think I'll pass.
[He looks up at her. She looks surprised.]
Ben: It's late.
[Ben starts to walk away. Kate appears surprised and embarrassed to have her offer rejected. He takes a few steps down a staircase, stops, and turns around to address Kate.]
Ben: No, you know what?
[Kate stands there with her arms crossed and her back to him, listening.]
Ben: You and I may have different methods, but we both know how to get what we want, and you can call that being passionate or you can call that being a dogged jackass. But you can't call it empty.
[Kate turns around to face him.]
Ben: I am not empty.
[Kate looks away.]
Ben: I'll see you tomorrow, Kate.
[Ben continues down the steps.]
Ben: Good night.
[Ben walks down the rest of the staircase, and lets himself out of the house. The sound of the door is heard clicking behind him. Kate is still standing there in the living room with her arms crossed and her head hanging down.]
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