You have meddled with the primal forces of nature, Mr. Hamlin, AND I WON’T HAVE IT!
BBrenda
[over the speaker phone] Do you want me to call security?
It’s okay, Brenda. We got it.
[to the other HHM partners] Hey, Jack. Hey, Nate. Hey, Aaron.
Howard
What can we do for you, Jimmy?
I'm sorry. It’s... It’s this table. [walks to where Howard is sitting and shows him a ripped-up check] You can tell me what this $26,000 is supposed to be for.
Howard
That’s money for Chuck. Isn’t that what you wanted?
A measly 26 grand? [scoffs] Jesus, you’re like Peter Minuit with the Indians. Throw in some beads and shells while you’re at it.
Howard
It's just a start, there'll be more. [pause] Unless you’re just gonna tear them all up.
And why was it made out to me? Why not Chuck?
Howard
Can he make his way to the bank? [pause] I just assumed it was best to have the money go through you. We can do it any way you want.
This isn’t going away, Howard. What Chuck did for this firm–and damn near single-handedly, one-third of this place–belongs to him. What do you got, twelve chairs here? Four of these chairs are Chuck's. [points at table lamps] You got five of these light thingamajigs? One and two-thirds are Chuck's! Yeah, six... How many danishes, six danishes?
Howard
You can have all the danishes you want, Jimmy.
No, no! They’re Chuck’s danishes! And he isn’t greedy, so he’ll just take two... plus $17 million. In that ballpark. I mean, we’ll know once we get the accountants poking around here. Until then, no penny ante checks trying to make it look like Chuck still works here. He doesn’t. He never will again. It’s time to do right by him and cash him out.
Howard
So these are Chuck’s own wishes that you’re conveying?
This is what's best for him.
Howard
So he personally told you that it’s his wish to withdraw from the firm? [beat] See, that would surprise me.
It's been nearly a year since he stepped foot in here. I’m just doing what’s in his best interest.
Howard
So am I. And I, for one, believe he’s gonna lick this thing. Until then, his office is just how he left it. His secretary’s still on payroll. If Chuck can call this an extended sabbatical, then so can we. He’s that important to us.
You know what? Let’s let a jury figure it out. [sighs; sarcastically] They’re gonna love you, Howard. You’re so down to earth! And relatable!
[Jimmy turns to leave the conference room, but turns around]
AND YOU... WILL... ATONE! [pause; everyone stares at Jimmy] It’s Ned Beatty from Network. For Christ’s sake, guys. [walks out]
[Jimmy and Howard are appearing before a judge, due to Jimmy erecting a billboard that deliberately imitates HHM's logo and branding]
Your Honor, I'm a humble solo practitioner, merely trying to ply my trade in an aggressive and evolving marketplace.
Howard
As I've argued repeatedly, this is trademark infringement. Mr. McGill's new logo is an absolute copy of ours.
I think it falls firmly under fair use.
Howard
Fair use? You're clearly profiting, so fair use doesn't apply.
It—There are only so many fonts out there. Does Mr. Hamlin outright own them all?
Howard
No, but we've been using this particular font for 12 years now, and it, in concert with our tri-rectangle graphic and Hamlindigo Blue, constitutes a trademarked brand identifier.
Whoa, whoa. Back up. Hamlindigo Blue?
Howard
Yes. That is our trademarked name.
Holy crap. You seriously named a color "Hamlindigo"? That is... yikes.
Howard
"Yikes"? From the man dressed exactly like me. Your Honor, I feel like I'm in the mirror routine with Groucho Marx, like we should be standing, waving our arms at each other.
Howard
In addition, the name McGill appears in both logos, which, I believe, Mr. McGill is hoping to further confuse potential clients.
So I can't advertise under my own name now? I'm to be penalized 'cause I happen to share a name with one of HHM's partners? You can't take my name from me.
JJudge
The name is not the problem here, Mr. McGill.
Uh, Mr. Hamlin certainly seems to think so. I mean, he wants me to change my name 'cause he claims that-that—what—it's some kind of threat to his business? Your Honor, this is restraint of trade, okay? Whatever happened to the free market, huh? No, Hamlin here wants you to tell—
JJudge
Okay, okay, I've... Enough. Mr. McGill, I've heard enough. Alright, yes, you are within your rights to advertise using your own name. However, in my estimation, the billboard clearly and intentionally duplicates elements of the Hamlin, Hamlin & McGill logo. You're actively copying their established brand for your own gain. I don't see any other reasonable explanation.
JJudge
Jimmy, Jimmy. Wise up. The billboard must come down within 48 hours.
Howard
Jimmy... Jimmy, I'm just gonna say it. You're not working here.
What are you talking about? You said this case is a slam dunk.
Howard
Yes. We want the case, we don't want, um... the case is all we want.
You gotta be–you're serious? I walk in here with a multi-million dollar class action lawsuit on a damn platinum platter, a case that I found, that I made happen... and you don't want me?! Why in Christ not?! Well, I know that you hate me, Howard.
I'm fine. You better believe, feeling goes both ways, but I'm willing to set that aside to work with you on this. Why can't you do the same for me? What is it that you can't let go of, huh? What slight did I make to your fine, upstanding character that you can't forgive.
Howard
A majority decision has been made by myself and the partners–all due respect to you, Chuck. We are not interested in taking any new associates into the firm.
Bullshit! New associates?! Someone walks in with a case like this, you beg them to be partner! Tell me why! You didn't want me then? Okay. You don't want me now?! Explain it!
Howard, I don't know what to say. I am very disappointed, I really think you should reconsider.
Howard
I'm sorry, but no. I think it's best if Jimmy takes the of-counsel fee. We could probably up it a bit. Keep in mind, you will be well compensated in the back end. It's easy money, Jimmy. No reason not to take it.
Go to hell, Howard! I'm not giving you my case. And I'm gonna tell every one of those clients what a lying miserable pig fucker you are. I will burn the whole thing to the ground before I give it to you!
Howard
The partners have made a decision and the why is not your concern.
I think it is my concern.
Howard
And why is that?
Because he's my friend. And the way I see it, you're not treating him fairly.
Howard
"The way you see it?"
I don't know what image you have of him, past or present, or whatever he did or said, but Jimmy is a good lawyer. And he works very hard.
Howard
Did your friend send you in here to say that?
No. I'm saying it because I believe it.
Howard
Well, duly noted. Want to know what I believe? I believe that you're way out of your depth in this matter. So the next time that you want to come in here and tell me what I'm doing wrong, you are welcome to keep it to yourself. Because I don't care.
[Jimmy is distracted by Chuck's presence at a meeting at HHM]
How about we move on to client outreach?
Howard
Jimmy? You still with us?
I'm gonna save you from having to brag: Over two hundred new Sandpiper clients signed over the past three weeks. Well done, Jimmy.
Thank you. Thanks, Cliff. Right now, we're in the process of mapping out the entire Southwest, targeting the largest Sandpiper facilities first: Phoenix, Colorado Springs, Fort Worth, Provo. Ideally, my goal–another two hundred by the end of the month. With this many folks, we have an excellent shot at a solid batch of plaintiffs for the classes in each district.
Excellent! Looking forward to the next report. Onto a stickier wicket, coordinating actions–
Sorry, before we move on, I'd like to go back to client outreach just for a moment. Looking over these numbers here, really astonishing results, Jimmy. Incredible. Your last trip to Amarillo, you came back with twenty-two new clients.
Twenty-four! I'm confused. Um, how many people out there actually responded to our direct mailer?
Oh, right, yeah. A Mrs. Alma May Urbano... but you got twenty four new clients from this one response? That is... wow.
Well, you're welcome. I mean, what, is there a problem?
Well, might not some parties—the opposing counsel, for example—see this differential and conclude that there may have been some solicitation involved?
I'm just wondering how you account for your success, because it will definitely raise eyebrows over at Schweikart & Cokely. [to the room] I'm sorry, but it will. Particularly in a case involving seniors, for whom the ethical guidelines on solicitation were virtually created by the ABA.
Howard
Chuck, I'm sure that— [Chuck hushes him] Jimmy, if you could clear this up, that would be helpful.
I went to Amarillo to confer with a client, and to make sure that we had a solid, good-faith basis for our case there, overall. As many of you are aware, I've visited more than my share of retirement homes. These are close-knit communities, let me tell ya: word gets around real fast. If Dorothy in Phase 2 gets a new Rascal scooter, it's big news.
So these other twenty-three residents, they approached you?
Cliff, they heard the scuttlebutt before I crossed state lines, and I certainly didn't have to go knocking on any doors. And is it any surprise that they wanna speak with a guy who was there to show them they may have money coming their way? I gotta tell ya, with all that in mind: I shoulda done better.
Howard
Chuck? We good to move on?
[Jimmy and Chuck stare at each other; Chuck shrugs]
And Chuck, not incidentally, it is absolutely vital that we dot our I's and cross our T's here—invaluable. So, thank you.
Well, the price of excellence is eternal vigilance.
[Kim has been called to a meeting with Howard and Chuck over Jimmy's unapproved TV commercial]
Howard
It's a simple question, Kim: Did you or did you not know about this commercial?
Howard
He showed it to you?
Howard
And you didn't say anything, to anyone?
Howard
You didn't think I deserved a heads-up?
I didn't realize—At the time, I didn't think it was necessary.
Howard
Well, you were wrong about that. We were caught flat-footed in front of our co-counsel, which I don't need to tell you does not reflect well on HHM. Or on you. [long pause] That will be all. You can go.
[Kim leaves the conference room]
[Kim meets with Howard to resign from HHM]
Again, thanks for taking the time-
Howard
You can just go ahead and rip off the Band-Aid. I have a pretty good idea why you're here.
[Kim nods and hands Howard her resignation letter. Howard glances at it before putting it down]
Howard
So, you're going with Schweikart & Cokely?
Howard
I heard through the grapevine.
I'm not going to another firm. I'm starting my own. I figured I'd try giving it a go as a solo practitioner.
Howard
[relaxes] Well, I, uh... wow!
I realized it was something I needed to do.
Howard
The week Jimmy exits Davis & Main, you decide to leave us? That can't just be happenstance.
...It's not. We're gonna be sharing expenses; one office, but two separate practices.
Howard
Smart. On several counts.
Howard... I want you to know that I appreciate my time here. I'm grateful for everything you and the firm have done for me, especially the financial help with my schooling, and I'm ready to write a check for the remainder of the loan. I just need accounting to get me that figure.
Howard
No need. Our gift to you.
...I don't know what to say. Um, thank you.
Howard
You earned it. Tell you the truth, I'm kind of envious.
Howard
Something about a fresh start. Back in the day, right out of law school, I thought long and hard about hanging up my own shingle.
Howard
Yeah. Oh, I was ready to take on the world, make a difference. [pause; smiles] Dad talked me out of it - wanted me to join the ranks here, throw another H in the firm's logo. [pause with smile frozen on his face] Things work out the way they're supposed to, I guess.
[Howard gets up to let Kim out of his office. Kim follows suit]
Howard
Kim, I want you to know that I always pushed you harder because I knew that I could expect more from you. Good luck to you.
[pause; shakes Howard's hand] Thank you.
[Kim steps out of Howard's office and hears Howard's voice through the door]
Howard
Get me Kevin Wachtell at Mesa Verde, cancel everything I have lined up this morning.
[Kim takes off sprinting for her cell phone]
Hi, Paige! It's Kim. Yeah, hi, just checking to see that we're still on for lunch on Monday. Great, and Kevin too? Good. Well, before we meet, there's some news you need to know about.
Well, I expected a round of documents an hour ago. You know we've got a filing coming up.
Howard
I know, Chuck. It's very possible... it's likely that we're losing Mesa Verde.
Losing them?! We just got them! Why, where are they going?
Howard
They're going with Kim Wexler. She left the firm.
Kim left? Oh, Howard... well, where is she going? Is it Rich Schweikart? Or did Reeves and Green get her?
Howard
No, not another firm. She's going into private practice.
What?! Well, that's completely... how is she going out on her own? Why is she going out on her own?
Howard
Well, the "why" is the why. The "how" is that she's pooling her resources... with Jimmy.
...Kim and my brother, partners at law. [shakes head] He's Svengali. The man is Svengali.
Howard
At any rate, back to Mesa Verde: I'm gonna try one last Hail Mary. Chuck? Mesa Verde?
Howard
I managed to get a meeting with Kevin Wachtell. He's coming in this afternoon, but compliance law is not my strong suit. So, if you have any details, any arguments, bullet-point them for me now, because I've got about an hour before I have to get back. [Chuck starts walking away] Chuck? I really need your help here!
[Chuck goes through his Mylar-lined suits before picking a regular one]
Howard
Chuck? Are you okay?
I'm going to that meeting.
Howard
Chuck, I don't know if that's a good idea.
I can do it! Force of will, and I've been getting better.
Howard
I know you have, but the message that we want to send-
I know the message! That we appear professional and not crazy! I'm going to the meeting, and the lights stay on. Everyone keeps their phones. Everything stays, for lack of a better word, normal. I will make it through.
[Chuck goes with Howard to negotiate keeping Mesa Verde with HHM]
Don't worry. I'm not here to extol the virtues of HHM. I'm guessing you've already had to suffer through Howard's hard sell first time around. So you've done your time, as far as I'm concerned.
Howard
What hard sell? It was enthusiasm. I gave them cookies.
Cookies were good, as I recall.
No, I'm here to put your minds at ease. Kim Wexler is, indeed, the right choice to handle Mesa Verde. She's the obvious choice. She's young, she's brilliant, she's going places. Let's face it, Howard. She's the future. Two old guys like us, we're the past.
Howard
Well, that's a sad thought.
Sad but true. [sighs] Banking law... needs to be exciting. It needs the next generation to come along and give it a big, old kick in the seat of the pants. Really wake it up. Let me tell you how boring I am: I read FEC and ISO reports for entertainment.
Howard
He does. I can attest to that.
Well, I try to stay up on things. The rules are changing all the time. With everything that's happened with Enron and WorldCom, the government is extra vigilant. These days, the penalties for even the most honest of errors can be devastating. You need a sharp, young eye to catch that stuff. I mean, when you've specialized in this kind of work for decades on end, you tend to get kinda...
Howard
Stale.
Stale. You get stale. You forget about things like, oh, I don't know, the Community Reinvestment Act. Any bank such as Mesa Verde looking to open a de novo branch is definitely going to need to show a healthy portfolio of CRA compliance. Duh. [chuckles] Obviously, you guys have all that covered, I'm sure. Riegle-Neal Interstate Banking and Branching Efficiency Act... there's another mouthful, huh? Boring! Still, if you were to run afoul of it, it could hold you up in court for years. And by the way, uh, if that were to happen to you folks as you go forward without us – which it will not – um, Howard has contacts at the Fed who could help sort things out.
Howard
[breezy] One or two.
Mm-hmm. And then there's the SEC's interpretation of Section 302 of Sarbox. Blah, blah, blah! [chuckles]
Howard
Well, navigating that correctly could mean savings of several hundred thousand dollars.
They know that, Howard. [Howard chuckles] Oh, I apologize. When you reach your golden years, you tend to get a little long-winded, ramble on and on about details. My point being... your bank is in excellent hands.
Look, I take your point. I do. But I have to say, I have complete confidence in Ms. Wexler.
You should. She was part of our team. She learned from us. You won't find better than Kim Wexler. But no matter how talented one individual may be, the needs of Mesa Verde are too big to handle alone. I wouldn't handle your coming expansion alone... which is why you should consider, once again, enlisting a team of professionals.
[Chuck, Howard, Kevin, and Paige are appearing before the Banking Board to get approval to open Mesa Verde's new bank]
Mr. Commissioner? Is there something we can clarify?
USMr. Ughetta's Assistant
Uh, yes. Could you give us the address of the proposed Scottsdale branch again?
Certainly. It's 1216 Rosella Drive, Scottsdale, Arizona, 85262.
UMr. Ughetta
1216? Okay, because the application I'm looking at today clearly gives the address as 1216.
1216. That's correct, sir.
UMr. Ughetta
But in the original submission, we're seeing 1261 Rosella Drive.
[ignoring them] I think if you double-check, you'll see that 1216 is correct.
USMr. Ughetta's Assistant
There seem to be two different addresses here.
Mr. Commissioner, I have a copy of our notice of intent, which was published in newspapers in Arizona and New Mexico. It clearly states the address is 1261 Rosella Drive—
Mr.–Mr. Commissioner, it-it—
UMr. Ughetta
1261 Rosella Drive. Yes, I have a copy of the notice of intent too. But on the actual filing, the address reads 1216. So, which is it?
[beat] Mr. Commissioner, if I may confer with my clients?
UMr. Ughetta
Certainly, please.
[to Chuck] It's absolutely 1261.
You are mistaken. And with all due respect, you're muddying the waters here.
Muddying the wat—?! [hands documents to Chuck] Look. Just look!
Well, this is clearly an error.
It's 1261. I know where my own damn bank is.
Howard
Now, let's just all calm down. I'm sure we can straighten this out—
I've got a building remodeled at 1261 Rosella. I don't know where the hell 1216 is.
I–I don't quite unders... [realizes] 1261?
Is this going to be a problem?
Howard
No, I'm sure it won't be.
Um, Mr. Commissioner, I apologize. Unaccountably, there appears to be a discrepancy in our filing.
UMr. Ughetta
So the correct address is the one that appeared in the notice of intent, the 1261?
It would seem so. Uh, it-it-it—We'd like to request an–an adjournment of just a few minutes so that we can amend the filing to reflect the correct address.
UMr. Ughetta
Well, I-I can give you an adjournment, uh, but... I don't think we can get you back in today.
If I may, when do you think you might be able to schedule us?
UMr. Ughetta
I'm being told by staff that they've already done the research for 1216 Rosella Drive. Our folks are going to have to go back to square one on the new address.
If we could obtain a provisional agreement today, to allow the branch to open—
UMr. Ughetta
No, no. With all due respect, it's up to you folks to submit accurate paperwork. Maybe next time, double-check.
[Chuck plays Jimmy's confession tape for Howard]
Howard
I don't even know where to begin... but yes, I believe you. Your brother is one world-class son of a bitch. No offense. I just really wish you'd told me about these plans of yours before you went out and did it.
I know, Howard, and I regret misleading you. It's just that a certain vérité had to be established.
Howard
I'm not talking about the heart attack that you nearly gave me. Chuck, this tape... I'm not sure exactly what it accomplishes. Look, you know evidentiary rules better than I do, but a secretly recorded tape with a problematic chain of evidence? You're gonna have a hell of a time getting that admitted.
Howard
And if you somehow put it in front of a jury, Jimmy'd call a dozen audio experts, say that voice isn't his, say the tape had been edited.
Howard
Are you thinking about playing this for Kevin Wachtell at Mesa Verde? Because as much as I would love to, that ship has sailed. We're never getting them back, regardless.
Oh, I doubt we could even get in the door over there.
Howard
Chuck, if that tape is useless in a court of law and no help in the court of public opinion, what's the point? Because I can't think of a single use for it!
[Howard visits Chuck's house, where Chuck and a hired private investigator named Dave are waiting for Jimmy to show up and steal the audiotape in which he confessed to doctoring the Mesa Verde documents.]
Howard
Chuck, this has been going on for eight days now, and really no indication that it's going to work.
Howard
I think I've been very patient. But the cost of these round-the-clock private investigators is really starting to add up.
Howard, this is our duty as officers of the court. We have an ethical obligation to–
Howard
Yes.
My brother broke the law. We can't just sit back and do nothing!
Howard
I'm not talking about doing nothing. I just want to...free up our minds, and be open to alternate strategies. Please, meet me halfway here.
[sighs] I suppose... I suppose we can limit the investigators to just nighttime hours.
Howard
Nighttime?
Yes. Jimmy will most likely break in while he thinks I'm sleeping. I mean, I wouldn't put anything past him. It just makes the most sense he'll try to steal the tape under cover of darkness.
[Jimmy's car can be heard screeching to a halt outside]
Howard
You really think he's going to do that?
Howard
How can you be so sure?
Howard, I know my brother.
[Jimmy begins angrily banging on Chuck's front door. Chuck goes to the door while Howard and Dave hide in an adjoining room.]
Chuck! Chuck! Open the goddamn door, Chuck! Open the door, dammit! Open it, Chuck!
Open the fucking door! Open it now!
I'm not opening the door. I'm not opening the d–
[Jimmy starts kicking the door]
[Jimmy breaks in the door and pursues Chuck to his study.]
YOU TAPED ME?! YOU ASSHOLE!
You PULLED THAT HEARTSTRINGS CON JOB ON ME?! YOU PIECE OF SHIT! "Oh, my brain used to work, I'm sick, I don't know what to do!" Asshole! No wonder Rebecca left you! What took her so long?!
[Jimmy reaches Chuck's desk and finds the locked drawer where his audiotape of Jimmy's confession is being kept.]
[Jimmy tries and fails to pry the drawer open with a pair of scissors. He spots a poker next to the fireplace.]
Here we go! Here we go! Here we go!
[Jimmy takes the poker and pries open the drawer. He finds the tape player and pulls out the cassette.]
Oh, is this it? Is this it? Is this it? Huh? For this, you destroyed our family? Are you happy now?! For what?! For nothing!
[Jimmy corners Chuck and rips the cassette apart with his bare hands.]
Is that all there is, Chuck? Is that all there–all there is, or did you make copies? Huh, Chuck? Huh?! You tell me or I'll burn this whole goddamn house to the ground!
[Howard and Dave step into the room.]
Howard
Jimmy! Jimmy! That's enough!
[Jimmy, seeing Howard and Dave, deflates and calms down]
Howard
You need to step away.
[shaken] Howard? You were a witness to what happened here?
Howard
I was.
[All three men stare in silence at Jimmy, who is now at Chuck's mercy]
[After the PPD meeting, Jimmy leaves while Kim stays behind to confront Chuck and Howard]
I’m putting you both on notice regarding the bar hearing. First thing, I’m filing a motion to suppress that tape.
Howard
The tape that Jimmy destroyed, you mean.
How about we stop with the games. There’s no way there isn’t a duplicate.
Howard
Really?
Of course there is. You knew Jimmy was gonna break in–you wanted him to. There’s no way you were gonna let him destroy the only copy of that tape, so you made a duplicate. It’s the first thing you did.
Howard
Kim, this is not how we do discovery.
Actually, Jimmy destroyed the duplicate. [Howard is about to say something] Oh, it’s fine, Howard. [to Kim] The original is under lock and key, and in due time it will be put into evidence for your review. So, of course, file whatever motions you’d like. It’s your privilege.
But Kim, you should be aware–because I think this will be your first disciplinary hearing–the Bar Association standard of proof is far more lenient than what you’re used to. Motions aside, that tape will be played.
Howard
Chuck. [takes Chuck by the arm] See you, Kim.
[Chuck and Howard leave. Kim meets Jimmy by the elevators.]
Well? [walks in step with Kim] What?
[Chuck and Howard visit the courtroom where Jimmy's hearing will be held]
Howard
How are you feeling, Chuck?
Howard
Because this is a lot to ask, and if you're not up to it, just throwing this out there: Maybe you don't need to testify at all.
No, I do. I'm the only person who can adequately explain the context of that tape, otherwise the defense will tear it to shreds.
Howard
It's already a solid case. We have Jimmy's statement from the Pre-Prosecution Diversion, there's my testimony and the private eye's... maybe there's no need to put you through the wringer like this.
…This isn't about me, or my health. This is about PR.
Howard
We lost a client. That happened because while you were... incapacitated, your brother accessed documents that should have been secured at HHM. What Jimmy did is unconscionable, yes, but one of my jobs is to safeguard the firm's reputation.
This is not the time to worry about how we look! This is about what's right and what's wrong. I'm not going to risk Jimmy getting- what, a year of suspension, maybe two? He deserves disbarment, not some slap on the wrist. No, Howard. There's only one way forward. "Let justice be done, though the heavens fall."