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Neighboring SpeciesOriginal Airdate: November 3, 2002Written by David E. Kelley. Directed by Dennis Smith Courtesy of The Practice 2000 Homepage. Transcribed by Barbara & Melly Transcribers Notes - I do not own the characters in this story, nor do I own any rights to the television show The Practice. They were created by David E. Kelley and belong to him and David E. Kelley Productions. Opens in the hallway outside DYDF (Or is it now DYF?) Bobby and Lindsay are coming out of the elevator.Lindsay: If I pick him up after Doctor Ash, thatll give me time to go straight oh look. I think its a client. That could be my first client. Why else would she be sitting there? Do you think she is a client? Bobby: (whispers) Why dont you ask her. Lindsay walks up to the lady. Lindsay: Excuse me. You are here to see? Client (Maxine) (gets up): Lindsay Dole. Attorney at Law. Mother. Lindsay: Thats me. How did you here of me? Maxine: Well I came to see Pat Mageeb. Hes not here. And I saw the door and I figured I can see whatever lawyer. But actually I think I have heard of you. Arent you the lady who shot somebody? Lindsay: I did, but I bit it. Technicality. Come on in. Client: Ok (they walk towards the door) Ah, it wasnt a client you shot. Right? Lindsay: Noooo.*Cut to: The office. Eugene is walking around the office and Jimmy is following him.Eugene: It doesnt concern you. Jimmy: It concerns the firm, which concerns me Eugene. Bobby walks in. Bobby: Whats going on? Jimmy: (to Eugene) Tell him. Eugene: A client came in last night. I took the case. Jimmy doesnt like it. Jimmy: The client does stem cell research. Ellenor: Its an abatement proceeding what the big deal? Jimmy: The big deal is its political hot button that this firm doesnt need. And I think it shouldve been discussed. Ellenor: Oh come on. Dont hide behind that. Why dont you just say it: You dont like the research. Jimmy: It isnt that. Ellenor: Political hot button!? When did we ever shy away from a case? Jimmy: This office was bombed before Ellenor. Ellenor: Yes, by a client that we defended murder charges. Does that mean we should shy away from all homicide cases. Bobby: All right. (Ellenor and Jimmy look at each other, Bobby looks at Eugene) Eugene. Eugene: Its all politics. (He turns towards Jimmy) And I guess now religion. Jimmy: It isnt that. Look. We are all in agreement that we face some public relations obstacles. We still get hate mail over Lindsay. Eugene: Lindsay doesnt work here any more. Jimmy: But people dont really know that. Come on I am not being unreasonable. This could blow in our faces. And I think we shouldve discussed this. Eugene: There wasnt time. And with all due respect Jimmy at the door, you werent listed as the partner. Jimmy: FineJimmy and Eugene exchange looks. Eugene walks away towards the door: 1 oclock Ill let you know. Come on. Ellenor and Jamie follow. Jimmy: Three lawyers! Eugene: You wanna come. Thatll make three and a half. Jimmy: Hey you know what? Bobby: Jimmy! (Eugene closes the door behind him) Bobby: You provoked him! Jimmy: My only b. I think the firm shouldve discussed this first. This is gonna blow up in our faces. Bobby looks concerned.Opening credits.*Lindsay: Thats it? Just singing.Client: Well I sing loud. I have a big diaphragm. Jesus Christ my savior gave me a booming voice and a big heart and I try to use both. Lindsay: Ok. And your neighbor? Is there bad blood? Client: Nooo. Hes a nice man. He just doesnt care for my singing, which is his right. I know its a free country, to each its own, but in the spirit of that freedom I should be able to sing. Right? Lindsay: Well if he is bringing nascence action he is basically saying that you interfering with the quite enjoyment of his home. Client: Thats hooey. He is a loud man. He doesnt do anything quite. You should here him watching the Patriots. Thats my goal by the way. To one day sing the national anthem at the Patriots game. Lindsay: Ok. Well there is hearing scheduled for 2 oclock. Lets see how we do. Client: OK. I have a very good feeling about you. I can tell you are a warm person. Lindsay: Thank you.*In courtThe other lawyer (Matthew Davies): Look whenever a zoning ordinance is passed somebody invariably gets put out of business. That is not an uncommon result. Eugene: It is certainly uncommon for the city to spread of the court to enforce that ordinance. And the impact on my client is hardly incidental. That ordinance was passed for the express purpose of closing the door. Davies: Were you in the room Mr. Young? Eugene: I didnt have to be Mr. Davies. The doors are as transparent as the motive. Davies: If Mr. Young is claiming that city lacks the authority to rezone dis.Eugene: I am not claiming that. I am saying this ordinance was arbitrary. It was propagated in bad faith. It is politics and contrary to what Mr. Davies (we hear the sound of printer printing and Eugene stops. He turns and looks at Jamie who is printing something from her laptop computer.) Judge Rudy Fox: Council. Jamie: I apologize. (she hands the paper to Eugene) Eugene: You honor I call your attention to Blankenship vs. Metrowski wrenchingly decided in 195.(a long pause) 7 (he turns and looks at Jamie). Jamie gets up: The city of power alter a rezone if permitted use sounds for the purpose of closing down a pharmacy. The court start downy ordinance as arbitrary and invalid. Its decidedly on point. Davies: I reiterate. Every time a city zones or rezones somebody claims foul. Judge Fox: Dont insult me Mr. Davies. The zoning board earns a midnight alt to push this through. It earns dispatch top gun to get injunctive relief. The victim here is a facility that just happens to do stem cell research. Do you really mean to tell me they are not a target? Davies: Even if the ordinance was designed to impact the facility and I make no such confession. I maintain the action was neither arbitrary nor capricious. Judge Fox: I want to see the chairman of the zoning board in the witness chair. Davies: A big you pardon. Judge Fox: The motive of the board is very much in player Mr. Davies and from where I sit this ordinance smells like a dead decaying rat. Get the chairman in the hot seat or you wont like my ruling. Cut to: They are all walking outside the courtroom. Ellenor (to Jamie): 1957? Jamie: It was on point. Ellenor: Yes decidedly. We all heard. Eugene: Never mind. Look (to their client) The good new is obviously the judge seems with us. The bad news by calling evidentiary hearing this name is headed for debate on merits which means you could be testifying. Client: FineEugene: Not so fine. No Offence, but in my experience scientists make the lousy witnesses. I need somebody to exude passion. Client: I can do that. Eugene: All the same, I need somebody.Client: Eugene! I have diabetes. Both my father and grandfather died of Alzheimers. Dont worry about the passion.*Back in the officeLucy: The press is calling, word is already out. Jimmy: Great! Eugene: What! Suddenly we are afraid of the media? Ellenor: Our Judge Fox is a registered republican. Did we know that? Eugene: So? Ellenor: Soooo. Given the administrations policy against stem cell research she may not favor us as much as we thought. Jamie: Actually President Bush very quietly shifted his policy on that. They issued a clarification that allows the private funding. Ellenor: Thats not exactly true. There is one other danger. This case hits all the abortion buttons. Jimmy: Gee. Ellenor: And since Roe v. Wade as vulnerable which fox also knows I am concerned about Davies turning this into a referendum. I am sure they are the ones who tipped of the press. Bobby: Why is Roe versus Wade vulnerable? Ellenor: Hello, Have you glanced at the Supreme court lately? Rehnquest. Scalia, Thomas, Kennedy. Even Sandra Day OConnor, this court could overturn Roe in a blink of an eye. Jamie: Actually, thats not necessarily true, if you look at it in 1992 youll see Kennedy OConnor all supported Roe. Ellenor: Wrong. We lose one justice we lose Roe versus Wade. Bobby: Look you dont want to get into Roe versus Wade. This case is much simpler than that. And it deals with the authority of the zoning board. Period. And thats where your focus is. Jimmy: Killing embryos is simple to you. Eugene: Hey Jimmy, do us a favor. Dont comment. Jimmy: I dont like the hostility. Bobby: Come on guys. Jimmy: I cant comment on the merits of a case now? Eugene: You can comment as a lawyer. Id even appreciate that. But I dont need you flapping your Catholic fathers. Rebecca: Heey you guys (they are all talking cant make out what they say) Jimmy: If I ever said to you stop flapping your black wings youd jump. Again all talking at the same time Eugene: .ever see me to that. Bobby: Heey! Jimmy: Let me tell you something. The fact that I dont like stem cell research it goes to humanity not religion. But since you bring it up I dont apologize for being Catholic and I am sick and tired of you and everyone else declaring war on Catholicism just becauseEugene: I didnt declare war on anything. Jimmy: Yes you have. Because of a few bad priests. Yes you have, and I am sick of it. Bobby. All right! Thats enough! Both of you! You, (to Eugene) focus on the case. You (to Jimmy) stay away from him. Eugene walks away. Jimmy: I didnt provoke that one.*Commercial:*Cut to: The office. The phone rings. Lucy picks up.Lucy: Donnell, Young, Dole and Frutt. Oh I am sorry youve got the wrong number. Everyone makes that mistake. I believe the number you are looking for is 557 run a rod up your rectum. Bye. Rebecca: I dont mean to criticize your work. Lucy: They were looking for the lawyer defending the fetus factory Rebecca.Rebecca: I see. Well, as long as you dont inflame them. Lucy: These people are already on fire Rebecca. Jimmy: These people. Rebecca: Jimmy. (long pause) Jimmy: You support what this laboratory is doing Rebecca? Really? Rebecca: Look at our client base. How many engage in activities we support? Jimmy: That doesnt fly. Here we are enabling the activity. *In the courtroom, Lindsays case. Mr. Emerson is on the stand.Mr. Emerson: I love music, and I am very found of Maxine. She knows this. She is a good person but. I just cant take it. His lawyer: Take what Mr. Emerson? Mr. Emerson: (almost yells) The singing. Every morning, 8:15 and its the same song One moment in time. She bellows it. My walls practically shake. His lawyer: Is this really such a problem? Mr. Emerson: You know I said the same thing to myself at first. Just a few minutes. Whats the big deal? Its not like she has a bad voice. But. Well. When I bought this condo. It was mine, you know. And a person looks to realize a few dreams when he becomes a property owner. You know what I mean judge? Judge Kittelson: I am sure I do but I never tire of hearing it said aloud. Mr. Emerson: My dream was a cup of coffee and a morning paper. A quite cup of coffee in my very own dominion as I sit and read the sports section. I dont get this. I get One moment in time. Every single day. His lawyer: Did you ever ask her to stop? Mr. Emerson: Yes. She said she just had to sing it. And it had to be in the morning. And it had to be loud. It was her way to get ready to face her day. And I just couldnt take it any more.*In another courtroom.Board Chairman: So we took steps to stop it. Davies: So you dont deny you rezoned this district to purposely put the Wayne Cell Technology Institute out of business? BC: We will it poses a danger to the community. It represents a magnet for protests, possibly violent protests, even religious terrorism. Davies: Because their research involves stem cell research? BC: Yes. Abortion clinics have been attacked and similarly rezones because of safety concerns. We did the same thing. Eugene: So this is all about safety? BC: YesEugene: Protecting Lives? BC: YesEugene: Protecting human life? BC: I know where you are going and that wasnt it! Eugene: You are a member of the republican party Mr. Blayne? Davies: Objection! This doesnt concern politics. Eugene: Oh, it doesnt? Davies: The issue before this court is weather the zoning board acted capriciously? Judge Fox: I agree. The objection is sustained! Eugene: You say sir, that Wayne Cell Technology Institute might be a magnet for violent protest because of the type of research it does. BC: Correct! Eugene: Has it ever been targeted to your knowledge? BC: No. Are we suppose to wait till it happens? Eugene: Ever received any threats? BC: I dont know where youve lived the last year Mr. Young but this can blow up absent of threat these days. Eugene: So we should just start zoning out any possible target of violence. Is that your position sir? BC: Our position is we should zone out this particular facility. Eugene: And is located in the same district and Mass General hospital is it not? BC: YesEugene: Is it your feeling sir that if Mass General began a program on stem cell research that you would zone it out of business. BC: No, that is not my feeling. Eugene: Why not? Mass General is a world be known hospital. It could become a high profile magnet for protests. BC: I believe that people would wave all the public good Mass General does against the controversy of the research and find it to be redeeming facility. Eugene: Ahhh, and you dont think my clients Institute serves the public good? BC: No, we dont. Eugene: Thank you Mr. Blayne! Swoosh: Lindsays officeMaxine: You want me to testify? Lindsay: Here is the thing. Right now it doesnt seem like a hardship for you not to be able to sing the song.Maxine: Yes it is! Lindsay: Let me finish! Which means for us to win we need you to impress the judge why its so important to you! Maxine: Its how I start my day. Lindsay: Yes, we have to make the strong case as to why you need it to start your day. I cant make that showing Maxine. Maxine: Thats why I hired you! Lindsay: No lawyer is going to be able to convince a judge that a person needs to kick of her morning with One fine day! Maxine: One moment in time! Lindsay: I need you to speak from your heart! Can you do that? Maxine: Jesus gave me a big heart! Lindsay: Yes and I want you to use it. Just like you do your diaphragm. Tell that judge. Make us all feel it. Can you do that Maxine? Maxine: Yes, I can. I will. Lindsay: Good! *Bobby knocks on Eugenes door.Eugene: You still here? Bobby walks in, closes the door and sits on the chair. Eugene: Somethings on your mind! Bobby: (takes a deep breath) Yeah. I dont know whether I am your best friend any more Eugene. But you are still pretty much mine. Eugene: And I am pretty much honored. Bobby: I am Catholic Eugene! And your anti-Catholic remarks. Eugene: Whoa. Whoa. Whoooaa. I am not anti-Catholic Bobby. I am angry at the Catholic church, I think the church should go legit, but I assure you I am not anti-Catholic! (pause) Look I am a Christian man. To tell you the truth I dont know the difference between my protestant denomination and Catholicism, other than our hymns have a little more pep. Bobby: Are you Christian? Really? Eugene: Now I feel the judgment and I dont like it. Bobby: Eugene, I am not usually religious guy, but I do believe in God. I believe a man has a soul. Eugene: You think I dont? Bobby: Maybe in theory. But what you live by. You believe in the law! And you know what it happens to most criminal defense attorneys. Eugene: What happens? Bobby: We free killers for a living. Rapists. People who sometimes go on to rape and kill others. And the only way we live with ourselves is to treat the law like a religion. Thats what you do! And over time. (Pause) Its making you angry. (pause) I think you got this void. Eugene: Really? Youre wrong! And I have a case I need to work on. Bobby: Ok look, I am not in here to say go get born again. But out of respect for me. (pause) and Jimmy. Lay off the anti-Catholic rhetoric. Sad music in the background.*Commercial*In the courtroom.Maxine: Law self esteem when I kind of made me obese(?). Than he said I am depressed. He prescribed Prozac, then Zoloft, then some bullet size fat pills I cant even pronounce. None of it worked. I got up every day and I felt the same. Lindsay: Which was? Maxine: Like a donut. This big wad of soft dough with giant hole in the middle. I could barely get out of bed. And I drag my overweight overmedicated fat self to work and I stayed at my job, which made me more depressed which made me eat more, which made me more fat, which made stink more. Until I found the song. Lindsay: The song? Maxine: One moment in time By Whitney Houston The woman has heart, and hers would speak to mine through that song. And I so loved to sing. I tied it and you know what? It worked! The melody, the lyrics. Whatever. I just puff myself up with inspiration and hope and I charge of to work. And you know what else? I got good at what I do. I no longer stink. I am no longer depressed. Still fat! Lindsay: Maxine. Do you have to sing
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