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Fairly Legal 2x03 - Bait and Switch Original air date March 30, 2012
Judge!
Judge Nicastro, sir!
I am so sorry that I am late, sir.
I discovered this defect in my alarm clock.
It's called a snooze button.
[Chuckles]
Anyway, sir.
I am so very sorry.
I hate being late.
But you love the chaos it creates.
Do you know what the most dangerous
profession in the world is?
Uh, mediating cases for you?
Commercial fishing.
A deckhand who got his hand amputated cutting bait
is suing the Captain for medical care and damages.
I assume that you're familiar with maritime law?
Absolutely.
Then you are aware that it favors
the seaman's right to collect.
However, in this case, the Captain is maintaining
that the deckhand was high on drugs
at the time of his accident.
Now, I want this settled in mediation.
If I see it on my docket, I am going to be very cranky.
Uh-oh.
I don't want to see you cranky-er, sir.
Good.
Case file has been sent to your office.
The parties will be there at 9:30 A.M.
9:30, sir?
That's in... that's in 15 minutes.
Then I suggest that you hurry.
You know how you hate being late.
Yeah.
Mr. Patrick.
Judge Nicastro, Kate.
Justin.
I will hear the people's motion
in the Danick case at 3:00.
Thank you, sir.
- So, it's official. - What?
Our divorce.
Got the decree this morning, so...
What does one say?
- Congratulations. - Kate.
I'm sorry for your loss.
Mazel tov.
Listen, can we get drinks sometime and talk about it?
Ooh, drinks, as I recall,
is how this whole thing got started.
- As friends. - I have all the friends I need.
[Cellphone rings]
Look, there's one now.
Which one of my many friends could this be?
Leo.
Hey, dude, what's up?
Not much, dude.
Except the cast of The Deadliest Catch is here.
I didn't know you had a mediation this morning.
Yeah, neither did I.
Uh, what do you know about maritime law?
Pfft, nothing.
Okay, well, that makes two of us.
Uh, hold on a sec.
I'm really sorry, but I gotta run.
That's what you do best.
And what do you do best, besides cheat on your wife?
- Hey, that's not fair. - Oh, don't.
Don't you tell me about fair.
I wasn't the only one who screwed up our marriage.
Way to own up there, Justin.
You have any idea what it's like
to always be last on your to-do list?
Always be getting kicked to the curb.
Oh, so it's my fault?
I'm the cold bitch that made you sleep with another woman?
That's not what I'm saying.
Well, then what are you saying?
It wasn't like we were happy.
Screw you.
You okay?
Yeah, why wouldn't I be?
Oh, my gosh.
Did I forget to hang up?
- Yep. - Oh.
Anyway, you wanna talk maritime law?
Desperately.
The merchant marine act of 1920 allows for injured
seaman to collect from a Captain or ship owner,
due to the doctrine of strict liability
unless they can prove the seaman
is entirely responsible for his accident.
Like, if he was high on drugs at the time?
Correct.
However, if you can prove negligence
on the part of the Captain,
which on a commercial fishing boat is practically
a given, damages can be huge.
- What are you doing? - Collaborating.
I happen to have won a multimillion dollar
settlement against a popular cruise line
a couple of years ago.
Is this a case we should be litigating?
Why, no, it's not.
Because this is a case I am mediating.
Litigation, not mediation,
is what keeps the lights on around here.
Well, then go sue someone and let me do my job.
Clients are ready.
And here is the case file.
Thank you.
Good morning.
My name is Kate Reed.
I'll be your mediator today.
Now, Captain... Maiken.
Can you explain to me
why you think your deckhand was high at the time
that he lost his hand cutting bait?
Per insurance protocol,
blood sample was taken on the boat.
The results are positive for the opiate hydromorphone.
Because the first mate gave Owen
the painkiller moments after the accident.
They have no proof that he was already high.
Not true, we have a signed affidavit
by the other deckhand, Dave Tilden,
stating that he witnessed Owen taking "dust,"
a street name for the opiate, shortly before the accident.
And I assume that this deckhand just came forward?
And we can document a long history of drug abuse.
The kid is an addict.
He's been sober for over a year.
And Dave Tilden would say anything to keep his job.
But you wouldn't lie for your husband?
Okay, if you don't actually pull fish
out of the water, just shut up.
Captain?
Is there anything you'd like to say?
My client has already been...
Stop, stop. Please, lawyers, stop.
I mean, I get that there's a liability settlement
in play here, but just maybe,
just maybe these two people have something
to say to each other before you start
your little legal cha-cha.
Captain.
Whatever you say is strictly confidential.
This is not a courtroom.
- Listen. - Shh.
This is your chance to be heard, sir.
I can see it's hard for you to even look at this man.
He can't look at me because he cares more about
his goddamn boat than his own son.
Look at me, dad.
Look!
I can't work like this.
What the hell am I supposed to do?
I don't care what you do.
As far as I'm concerned,
you deserve what you got.
- You son of a bitch. - Oh!
Hey, hey, hey.
Easy.
Okay, nothing to see here.
All good, keep moving.
Okay, everybody just sit down...
and let's talk about this calmly and quietly.
There's nothing to talk about.
You want a piece of me?
I'll see you in court.
Captain.
Sir...
Wow, not that the mediation's off,
perhaps we could interest you in our litigation services.
Owen, oh, I am so sorry.
But people walk out of mediations all the time.
I mean, it's... it's really part of the process.
They can't walk out of a courtroom.
Who is this guy?
My secretary. He's my secretary.
Partner, Ben Grogan.
Even if you admitted to being high,
contributory negligence doesn't mean we can't
still get you a healthy settlement.
Excuse me, there is no "we."
I am their lawyer.
Yes, thank you, and he is leaving.
How much do you think we could get?
I'm not gonna admit to a lie, Becka.
A prosthetic hand costs $15,000.
Plus, compensation for your pain and suffering.
Okay, good-bye, that's it.
And what's the compensation for my own father
thinking I got what I deserved?
Mr. Epstein, if you give me a little bit of time,
I am very confident that I can get Captain Maiken
back to the table.
You have 24 hours, then I'm filing the motion for trial.
- Becka, Owen, let's go. - Thank you.
Oh, your purse.
Okay, bye-bye.
Feel free to call me if you've got any questions
your attorney can't answer.
What?
You have no right come in here
and undermine my mediation.
What did I do?
For one, you tried to poach a client
right in front of their attorney.
Their attorney sucks and the wife knows it.
Okay, but I need him to cooperate.
You are never gonna solve this case in mediation.
Captain Bligh ain't coming back to the table.
Well, he will if I can convince him
that his son is telling the truth.
God.
You don't actually believe that kid wasn't high?
I'm a patient man.
I can wait 24 hours.
Hey, Jane.
Hey, Carol.
Just signing stuff?
A man leaves his wife and children
his classic car collection.
Kids wanna sell, the wife doesn't.
Now, why should I waste my time and the taxpayer's money
trying this family squabble?
Well, because my client, Mrs. Tinsley,
believes the collection is undervalued in this economy
and her husband would not want her to sell it
for less than it's worth. [Sighs]
Which might make sense if Mr. Tinsley
hadn't also left his wife with considerable
credit card debt, which she's paying 15% interest on.
Couldn't you two talented lawyers get together
and settle this?
Well, I'm free for lunch.
Or I can meet for drinks later.
I don't do drinks,
and my lunches are already booked.
Well, how about dinner?
Your Honor, my client is executor
of her husband's estate,
and she cannot be compelled to sell.
Fine, if you insist,
I will hear arguments this afternoon at 4:00.
Both: Thank you, Your Honor.
I'm...
Okay.
Well, you tried.
Pardon?
I'm just old, kid, I'm not blind.
Whoa.
Uh, excuse me.
Can you just...
[grunts]
[Machinery grinds]
Ahoy, there!
That's what you're supposed to say, right?
Are you Dave Tilden?
- Who are you? - Kate Reed.
I've been hired to resolve the conflict
between Captain Maiken and his son Owen.
- Are you a lawyer? - Oh, no, no, no.
Mediator. Big difference.
Do you mind if I ask you a couple questions?
Well, you can ask.
I don't know if I'm gonna answer.
Okay.
That's fair.
What's it like doing the most dangerous job
in the world?
Those traps set on the ocean floor for a day,
- maybe two days. - Thanks.
This big pulley-looking thing over here,
we call the hauler, it reels them in.
And we dump them on a table down here
where we bleed, head, and wash them, and then
throw them into the hold.
You know, we can freeze 100,000 pounds of fish
before we have to head back to land.
Wow. How long you at sea?
Oh, anywhere from two, three months.
That's a long time away from home.
Well, for the most of the guys around here,
boat is home.
- But, uh, it's a rush. - Yeah.
If it's such a rush, I just...
I wonder why Owen needed to get high.
Owen's an addict, you know.
So... he's been using on the boat
for a long time and getting away with it.
I can see how that would be frustrating.
- Yeah. - Now, Dave, you mentioned
in your affidavit that you saw Owen taking dust?
That's right.
How'd you know it wasn't aspirin or vitamins?
Because he offered it to me.
You didn't mention that.
Yeah, well, I must have left that out.
Yeah, did the insurance company or Captain Maiken
ask you to lie?
No, nobody asked me to lie.
You know what, I'm done answering your questions.
Thanks. You be careful.
So how'd it go with Dave the deckhand?
Yes, do tell.
Did he break down and cry and confess to lying about Owen
who isn't really a drug addict after all,
but a lost boy looking for Neverland?
Oh, he didn't have to confess,
because it was obvious.
Obvious how?
What do you care?
It's not like you believe Owen anyway.
That doesn't mean I believe Dave.
You know what they say, "all fisherman are liars."
And I can impeach Dave's affidavit,
then this case will be a cakewalk.
Uh, yeah, but you get that it's not your case, right?
Because it's still in mediation.
For another 21 hours.
Yeah, so if Dave the deckhand's lying,
do we know why?
Duh, it's for the money.
It's always for the money.
Deckhands split 20% of the profits from the catch.
But if one of them's caught doing drugs,
he forfeits his share, which increases
the kitty for everyone else.
- I did my homework. - No.
If money were the only motive,
he would have come forward sooner.
This is about a grudge, Benny boy.
Yeah, maybe Owen picked Dave last at basketball
or throw the bloody fish heads in the bucket ball.
Even if you prove that Dave is lying,
the Captain still thinks Owen got what he deserved.
Okay, but how could he turn his back on his own son?
Because he probably tried to help the kid 1,000 times.
That's how it is with addicts.
They lie, and they steal, and they screw you over
again and again until you finally get the guts
to cut them off.
Leo, will you check the other deckhands on the Sena II?
Find out what they do in their off-season.
Drink.
Like I said, I did my homework.
Okay, well, thanks for the ride.
I got it from here.
I don't think you should go in there alone.
Wait, wait, wait, are you gonna protect me?
[Laughs]
That's funny.
Well, I'm here to amuse.
And do a little recon on my own,
line up a few trial witnesses,
before your mediation self-destructs.
Well, first of all, there's not gonna be a trial.
And, second of all...
[Chuckles]
nobody here is gonna talk to you,
Mr. Fancypants lawyer.
'Cause they're gonna talk to you.
I, uh, didn't know that we were dressing down.
It's called blending in.
Wow, you're such a chameleon.
You know what, you wanna be useful?
Hold my stuff.
Let the games begin.
Uh, shot of patron.
Mm.
Do you really think it's smart
to be dressed like that in a bar like this?
I could be asking you the same question.
Do you want something?
Yeah, information.
I was told the guys from the Sena II like to drink here.
Who told you that?
Ulysses S. Grant.
Never heard of the guy.
Uh, can I get the bottle and two shot glasses?
Well, that'll be 40 bucks.
Keep the change.
Normally I'm more of a whiskey man,
but since I'm buying...
Hey.
Do you like Tequila?
Yeah.
I like darts.
Do you wanna share?
You, uh, you with that guy?
[Chuckles] Come on.
Does it look like I'm with that guy?
Why do I get the feeling I'm about to be hustled?
'Cause you must be a smart man.
- Will anyone be joining you? - No, no.
Oh, hello.
Hello.
I thought all your lunches were booked.
I had a cancellation, last minute.
Hm.
Would you care to join me?
Be delighted.
Ah, uh, I will have to the Cobb salad.
No egg, bacon, cheese, or avocado, dressing on the side.
I'll have the prime rib, medium rare,
baked potato with all the works.
You always have such a heavy lunch?
You always order a Cobb salad without the Cobb?
I'm just saying, a vegetable would not kill you.
You sound like my ex-wife.
Didn't know you were divorced.
I'm not.
She died, but ex sounds better than dead.
Let me ask you something.
What do you think is an appropriate grieving period?
I don't know.
How long's Teddy been gone?
I am not still grieving.
I am simply too busy keeping the firm afloat.
I knew your husband pretty well.
He wouldn't want to see you burying yourself in work.
Maybe I am just not interested.
Or maybe you're still holding on
to someone who isn't here anymore,
and maybe that's why you're unwilling to convince
your client to let go of her husband's car collection
and move on with her life.
I assure you, I am protecting
my client's interests, not projecting my own.
And I resent the implication that I would allow
my personal feelings to interfere with my job.
Okay, okay.
Objection sustained.
I won't say another word about it.
Okay.
[Clears throat]
How about them Giants? [Chuckles]
Hey.
Buy you a drink?
Time to cash out?
No, who's that kid in the picture with Owen Maiken?
This time it's Ben Franklin asking.
So... you got a thing for fishermen?
I got a thing for real men who work real jobs.
[Chuckles]
Well, I'm first mate on the Sena II.
- Oh, no kidding? - Mm-hmm.
I know a guy who works on that boat.
Uh, Owen Maiken.
You know Owen?
Well, his wife, Becka, actually.
It's so tragic, what happened to his hand.
And Becka's pregnant, and, oh...
Yeah, well he's had some bad luck.
Yeah, and I guess they didn't get any money,
because some deckhand came forward and said
- that he was on drugs. - Owen's an addict.
Oh, no, no, Becka said that he's sober.
She said that that guy's lying
because, um, he's got some kind of grudge against Owen.
After what happened last season,
a lot of guys have had a grudge.
Last season?
You don't know?
I... I thought you were friends with Becka.
Well, we just met actually, you know...
- Al-Anon. - Right.
Oh, speak of the devil. Dave!
This is Kate, she says she's a friend of Owen's.
- Hey. - She's a lawyer.
- No kidding? - No, no, no, no.
Uh, mediator, remember?
Nobody is talking to you, do you understand me?
Well, Jon is.
He was just saying that, uh, you have a grudge
against Owen for something that happened last season.
Owen got somebody killed, all right?
And he sure as hell didn't deserve
to walk away with a bunch of insurance money.
- Who got killed? - Get out of here, now.
Okay, I hate to blow my cover here,
- but is everything okay? - I've got this.
Who are you, another lawyer?
Oh, I like to think there's more to me
than simply what I do.
Am I just a lawyer? Of course not.
Are you just a fisherman? No.
You're a fisherman and a jackass.
[Groans]
- Get out of here. - Okay.
And take your bitch with you.
- Oh, whoa, whoa. - First of all,
- she's not my bitch. - No.
Second of all, take your hands off me,
before I beat your face, or is that your ass?
It's hard to tell.
No, no, no.
[Grunting]
Hey!
Now that is enough!
Enough!
Okay, yes.
We were just leaving.
Here.
That's what that's for, right?
Aah. You're welcome, by the way.
I didn't need your help.
[Laughs]
My bad. You're Hong Kong Phooey.
Oh, well, if it's any consolation,
you did some real damage to the air
with that right hook.
Well, besides getting me sucker-punched,
did you get any useful information?
You know, you might have been right
about money being the motive for Dave to lie.
But not to put it in his pocket,
to keep it out of Owen's.
Because?
Owen got somebody killed.
Yeah, I know.
Zack Maiken, Owen's brother.
What? His brother?
Mm-hmm.
How did you find that out?
Attitude.
And 100 bucks.
Why didn't he tell me?
Well, what was he gonna say?
"I swear I wasn't high at the time of my accident."
"Oh, and by the way, some people think"
"I got my brother killed too."
So, then, if the Captain blames him
- for his son's death... - It would explain
why he thinks Owen got what he deserved.
An eye for an eye, or an eye for a hand,
or whatever... is this swelling up?
Oh, I need to talk to Captain Maiken.
- Concede defeat, Kate. - Yeah.
The mediation failed.
Let the litigation begin.
[Phone rings]
Hmm... it's Leo.
Hey, buddy, what's up?
Yeah, she's standing right in front of me.
Oh, she forgot her phone?
She's been drinking.
Okay, all right, let me talk, let me talk.
Thanks for taking the time to see me, Captain.
I'm not proud of the way I acted in the mediation.
I don't usually walk away from a fight.
You know, I'm glad you did.
I was just running out of things to break.
Oh, wow.
They look like they were close.
Zack looked up to his brother,
in spite of his addiction.
Can I ask how he died?
He drowned.
It was Zack's first season in the boat.
He was a greenhorn.
They're the ones most likely to get hurt.
Which is why you don't let him do anything stupid.
It was Owen's job to look out for his brother.
But he didn't.
And I had a pretty good idea it was because he was high.
So I had my first mate Jon... Jon Svensen?
I had Jon take a sample of Owen's blood,
so I could have it tested myself.
There are the results.
You'll see they came back positive for opiates.
Dust.
He was addicted to the stuff. Still is.
Has anyone seen these?
No.
If your son tested positive for drugs last season,
why did you let him back on the boat?
Why give him another chance?
Because I thought being responsible
for his brother's death would be the one thing
in the world that would get Owen off drugs.
But I was wrong.
He's made a fool out of me for the last time.
Captain, even if Owen is still struggling
with addiction, he's your son.
He needs your help.
Far as I'm concerned,
both my sons are dead.
Your Honor, my clients have no wish
to sue their mother, or to declare her unfit
to manage their father's estate.
Then what are we doing in court?
Mrs. Tinsley is in debt, and living on a fixed income,
while her husband's car collection
is worth $1/4 million.
And would be worth more in a better economy.
Maybe, maybe not.
Your Honor, we are not in court
because Mrs. Tinsley's children
are concerned about their mother's debt.
We are here because they're concerned about
getting their half of the proceeds
from selling the cars.
I've spoken to my clients about that,
and they're more than willing to put their proceeds
into a living trust for their mother.
Sounds fair to me.
No, no, no, Your Honor. It's not fair.
My client is emotionally attached to those cars.
But why is she emotionally attached to them?
Because they belonged to her husband.
Her husband is dead. It's time to move on.
Well, maybe she doesn't want to move on.
Maybe those cars are all she has left of him...
Oh, God, seriously?
Your Honor, may I have a moment
- to speak with my client? - Please.
Hey.
I brought you a coffee.
Hope you brought me a left-handed cup.
It's a joke. You can laugh.
[Laughs]
I'm here all week.
Lucky me.
Look, uh... I know about Zack.
Yeah, I figured.
And I know that you tested positive for drugs
the night that he died.
Owen, why didn't you tell me?
Would you have believed me?
Saying both times I wasn't high,
- even though I tested positive. - Okay, well,
the current blood test, I mean,
that's easy to explain.
They gave you drugs after your accident.
But how do you explain the one
- from the night that he died? - I can't.
I can't explain it.
I wasn't high, but it was my fault.
What happened?
It was night.
Zack and me were down in the hauling station,
pulling up pots, when this freak storm came up.
Boat was pitching all over the place,
and the lining got snarled, so we had to
toss a string of pots on the deck
to get enough slack in the line to untangle them.
I told him to stay below, because he was too green
to be in a situation like that.
But then, all of a sudden, there he was,
just trying to prove he was tough enough.
For your dad?
That's all we ever got a pat on the back for.
Zack was never that tough though.
Can still see him standing there,
in the bight, when the line snapped back.
The bight?
It's a loop in the line.
It wrapped around his ankle, and he went down.
It was pulling everything back in the water fast.
And so I jumped on him.
Just trying to get out my knife
to be able to cut him loose, but he was freaking out.
I told him, I said, "hold on to me."
'Cause I knew, even if we both went over,
he would, um... I'd be able to cut him free.
But he let go.
It pulled him over, and then down under the water.
Couldn't see anything.
Should have been me.
I wish it was me.
Owen, you told him to stay below.
Why'd he let go?
From Justin?
How should I know?
- You didn't open the card? - What? No.
I held it up to the light.
What did it say?
It says he's sorry and he loves you
and he wants to have your baby.
Well, not the "loves you" part.
Okay, I don't have time for this right now.
I have to figure out a way to get the Captain
back to the mediation.
Maybe the way to get Captain Maiken back to the table
is not getting him to believe Owen
but getting him to forgive Owen.
Yeah, but I think he's past forgiveness.
Are we ever past forgiveness?
All right, I need proof Owen isn't lying.
Problem is, I've got two blood tests that say he is.
I mean, the recent one, that doesn't prove anything.
And then, the one from the night Zack died... oh, God.
That one's hard to refute.
Well, the blood don't lie.
The blood don't lie.
But neither does Owen.
So where's the truth?
Oh, my God!
What?
The truth isn't in the blood tests.
It's in the blood types.
What do you mean?
They don't match.
[Grunts]
You got a lot of guts, lady.
You got no idea.
Oh, come on, Jon.
After all that we meant to each other.
Look, you can talk to me here and now,
or in court later, facing criminal charges.
For what?
For falsifying medical records.
Willful endangerment.
Oh, how about this? Manslaughter.
I got no idea what you're talking about.
I'm talking about the night Zack Maiken died.
You took two blood samples that night.
One from Owen, the other one from Zack,
after his body was recovered from the sea.
Am I right?
So?
So Maiken gave me the test results,
and guess what.
Owen tested positive for dust.
But I'm guessing that really doesn't surprise you.
It doesn't surprise anybody. Owen's an addict.
Yeah, except for that blood, it didn't belong to Owen.
It belonged to Zack.
Zack was high the night that he died, not Owen.
- And you knew it. - How would I know that?
'Cause you were the one who gave him the drugs.
I was just trying to help the kid.
Zack got hurt.
Earlier that day, rolled a stack of pots on his foot.
- Wanted something for the pain. - So, what?
You just gave him hydromorphone
and then promised not to tell his dad?
He should have known.
He was greenhorn. You should have known.
But instead of owning up,
you just switched the blood samples to cover your ass.
I was afraid of what Maiken would do.
I'd never work on that boat again.
Or worse, go to jail.
Which you... you still might.
I didn't mean to hurt anybody, you know?
But you hurt everybody.
You put Zack's life at risk.
And then you tried to pin the blame of his death on Owen.
You turned Dave and the rest of the crew against him.
And then you ruined a relationship
between a father and a son
at a time when they needed each other the most.
- What do you want from me? - Confession.
Now I can get it from you here now,
or in court later.
But, either way, Owen and his father
are gonna know the truth.
[Knock at door]
Come in.
My lunch cancelled again,
and I was wondering if you were free.
I brought salad and soup and steamed vegetables.
So I spoke with my client.
And I think I convinced her
she needs to sell the cars to pay her debt.
Oh, how'd you manage that?
Well, I told her my husband also recently died.
And, um, I understand how hard it is
to let go of someone you loved with all your heart.
When my wife died, I thought to myself,
"I am never gonna meet anyone like her again."
And I was right.
But I did meet someone else
whom I could love just as much.
Differently.
You know, I, um...
I think I am concerned...
that if I even show an interest in moving on
that some people may think I never really loved Teddy.
Oh, oh, so you're willing to put yourself
out to pasture,
because you're afraid of what Kate thinks.
No, I'm not afraid of what Kate thinks.
I... I'm concerned, maybe.
- Concerned? - Mm.
Well, I'm concerned.
I'm concerned about global warming
and the economy and whether the Giants
will ever win a world series again,
but I don't let that keep me from living my life.
Get over it.
Hey, Teddy married you because you're a ball of fire.
Go burn it up.
And, if you'll excuse me, I'm gonna go grab a burger
before I have to be back in court.
Jon will be put everything in his confession,
and the D.A. will figure out how to charge him.
What about Dave? His affidavit?
Withdrawn.
When you lost your hand, Jon didn't want you
to walk away with that big insurance settlement,
so he lied to Dave and he told them
that you were high the night that Zack died.
Owen, it's not your fault your brother died.
He let go 'cause he couldn't hold on.
Captain... I know you and your son
have a lot of healing to do.
But he was telling the truth.
So he could use your help now, more than ever.
So they're gonna settle?
- Yeah. - They'd get more in court.
Actually, Owen doesn't want damages,
he just wants his medical care and lost wages.
What, that's a happy ending for you?
No.
A happy ending
would mean Maiken actually forgiving his son.
Well, you know what they say,
"to err is human, to forgive, humiliating."
Hmm.
How's your lip?
- It hurts. - I'm glad.
Look, at least Owen doesn't have to spend
the rest of his life thinking he's responsible
for his brother's death.
You should... feel all warm and fuzzy about that.
Good night.
Good news.
You won't be seeing the fisherman case
on your docket.
They settled out of court.
Excellent.
I knew I could count on you.
Why?
Why can you count on me?
Because this isn't a career to you.
It's a calling, a cause.
You think the system is broken,
and your determination to fight it makes you
better than anyone else.
- Thank you. - At your job.
In life, from my own experience,
I have found that that same determination to fight
can be... less productive.
But that's just my experience.
You got a minute?
I don't want to fight anymore.
Neither do I.
And I don't want you to send me flowers
or say that you're sorry.
'Cause sorry sucks.
Okay.
I won't say I'm sorry.
But what I did to you was wrong.
We were married.
And I betrayed my vow to you.
And I will never forgive myself for that.
I forgive you.
Oh, God.
I'm trying to, you know what?
That's so much easier than admitting
I wasn't faithful either.
Whoa, whoa, whoa, you had an affair on me?
No, no.
I wasn't unfaithful.
I just... I wasn't full of faith in our marriage.
Why not?
I don't know.
Well, I guess... I was sort of a jerk.
Occasionally.
I was kind of selfish.
- Occasionally. - Mm.
Um, look.
If you're still up for that friend request,
I'd like to keep you on my speed dial.
I'm still on your speed dial?
I'm not on your speed dial?
No, no, you are.
I mean, you are in the... what I just...
okay, listen.
First rule of being friends, you have to respect boundaries.
- Oh, really? - Give me my phone, yes.
- Really, Kate Reed, "R". - Give me my phone.
- No, no, no, you don't go... - Let me see what else...
...hold on a second.
Whoa, Lauren.
The hair.
I didn't even know she had hair.
- Well, I'm glad you changed your mind. - Me too.
So, where are we going?
Kate.
- Justin, hi. - Hi.
This is Mark... Matt Ellison.
Mark.
Mark Ellison.
Uh, this is Kate and Justin.
- Justin. - Hi, Mark.
- Hi. - Kate Reed.
- Nice to meet you. - Nice to meet you.
He and I are... we're going out to dinner.
We're going on a... a date.
- I'm dating. - Oh!
- We're not dating. - No.
No. We're divorced.
Oh.
Well, I'm sorry.
Both: Oh, don't be.
- No, no, no, it's good. - Totally.
It's good. It's good.
Well, we are gonna go grab some dinner.
So see you later.
Oh, uh, roomie.
I won't wait up for you.
That wasn't uncomfortable at all.
Oh, she is strange sometimes.
Oh, she's strange.
[Phone rings]
Aah.
[Ringing] Can I have my phone?
Hey.
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