[Jimmy visits Chuck in his hospital room to tell him about his temporary emergency guardianship]
Hey buddy, how's it going? [beat] Chuck.
Chuck
Well, if it isn't Johnny-on-the-Spot.
What? What does that mean?
Chuck
Is Ernesto out there?
Yeah? Can I get you something-
Chuck
Ernesto, come in here, please!
Chuck
Ernesto!
[Jimmy allows Ernie in]
Just put your stuff in there. [Ernie does so] I got him.
How are you feeling, Mr. McGill?
Chuck
Ernesto, how long was I unconscious in that print shop?
Chuck
Thirty seconds? A minute? Two minutes?
I'd say maybe... about a minute? You were kinda in and out.
Chuck
And how long was I lying on the floor before the ambulance arrived?
About ten minutes, I think, but I didn't look at the clock.
Chuck
[to Jimmy] And yet you were there.
Chuck
There's only one way you could've gotten there so quickly... you never left!
I think you're getting all wound-up. Can you take a few deep breaths-
Chuck
You bribed him! The kid behind the counter!
Chuck
Between the time Ernesto left and I arrived, you paid that halfwit to swear he never laid eyes on you...
Chuck
...and then you stuck around to watch! Why?! Just wanted to see me suffer?
Chuck
Just wanted to have a laugh at my expense?
Chuck
What?
I called Jimmy earlier before I picked you up. He showed up when he did because I called him. I was worried about you, and I just... I called him. I'm sorry.
Chuck
[hatefully] Get out. Both of you.
[Ernie leaves, but Jimmy sticks around]
Chuck, there's something that I have to do, and I'm really sorry. I'm really, truly sorry, but I gotta do it, and it's for you.
Chuck
You're trying to have me committed.
Chuck
Temporary emergency guardianship, tomato, tomahto. You finally got me where you want me.
Oh, my God. The Adventures of Mabel. I–I haven't thought about this in forev–You remember this, Chuck?
Chuck
I do. Harry Thurston Peck.
Yeah. Mabel goes into the mountain, and she meets the king of the Brownies and he gives her some kind of super-delicious jelly and–Holy crap, 1912.
Chuck
Yeah. It belonged to Granny Davenport. She wrote her name in it. She was reading that to her schoolkids the year the Titanic went down.
Damn. And Mom read it to me.
Chuck
I read it to you. You don't remember.
Yeah, yeah, I do now that you say it, yeah. What was I? Like, five or six?
Chuck
You had had this weird nightlight that you were so crazy about. It was, uh... It was...
Chuck
It was some Daffy Duck ripoff with a weird red mouth—
Bill. Yeah, the bill. Yeah.
Chuck
Yeah. Yeah, yeah. And it used to get so hot we thought it would burn the house down, but you wouldn't let anybody touch it.
Yeah, that's—You got a great memory, Chuck. The red bill and everything. Hey, what was the name of that little girl that lived, uh, three houses up from us? She had, like, a...
Chuck
Jimmy.
...painful haircut. And she was always in the dirt, always dirty...
Chuck
Jimmy.
...I liked her. She was al–
Chuck
Jimmy. Don't think I'll ever forget what happened here today. And you will pay.
[Chuck plays Jimmy's confession tape for 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.
Chuck
I know, Howard, and I regret misleading you. It's just that a certain vérité had to be established.
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.
Chuck
I agree.
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.
Chuck
He would, indeed.
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.
Chuck
Oh, I doubt we could even get in the door over there.
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!
Chuck
I can.
[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.]
Chuck
What's up?
Chuck, this has been going on for eight days now, and really no indication that it's going to work.
Chuck
It will work.
I think I've been very patient. But the cost of these round-the-clock private investigators is really starting to add up.
Chuck
Howard, this is our duty as officers of the court. We have an ethical obligation to–
Chuck
My brother broke the law. We can't just sit back and do nothing!
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.
Chuck
[sighs] I suppose... I suppose we can limit the investigators to just nighttime hours.
Chuck
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]
You really think he's going to do that?
Chuck
I do indeed.
Chuck
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!
Chuck
Jimmy, go away.
Open the fucking door! Open it now!
Chuck
I'm not opening the door. I'm not opening the d–
[Jimmy starts kicking the door]
Chuck
Jimmy—Jimmy!
[Jimmy breaks in the door and pursues Chuck to his study.]
YOU TAPED ME?! YOU ASSHOLE!
Chuck
Jimmy!
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.]
Jimmy! Jimmy! That's enough!
[Jimmy, seeing Howard and Dave, deflates and calms down]
Chuck
[shaken] Howard? You were a witness to what happened here?
Chuck
[to Dave] And you?
[All three men stare in silence at Jimmy, who is now at Chuck's mercy]
[Jimmy is smoking a cigarette, waiting for the police to arrive to arrest him after Chuck's entrapment.]
Chuck
You won't want to hear it, but this is for the best. Please, Jimmy. Whatever you think of me, whatever colorful names you're calling me in your head right now, please understand I'm trying to help you. Here's what's going to happen. The police will arrest you. And I'm sorry, but I will be pressing charges. I told you there would be consequences... but I have to believe that you'll face those consequences and you'll come out the other side a better man. I know it's hard to see right now, but Jimmy, this is an opportunity. That's why I'm doing this, not to punish you. To show you – truly show you – that you have to make a change before it's too late. Before you destroy yourself, or someone else, and I believe you can change. You'll find your path. And when you're ready, I will be there to help you walk that path.
Here's what's gonna happen. One day you're gonna get sick. Again. One of your employees is gonna find you curled up in that space blanket, take you to the hospital, hook you up to those machines that beep and whir and hurt. And this time, it will be too much. And you will die there. Alone.
[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.
The tape that Jimmy destroyed, you mean.
How about we stop with the games. There’s no way there isn’t a duplicate.
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.
Kim, this is not how we do discovery.
Chuck
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.
Chuck
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.
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]
How are you feeling, Chuck?
Chuck
I'll muddle through.
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.
Chuck
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.
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.
Chuck
…This isn't about me, or my health. This is about PR.
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.
Chuck
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."
[Chuck gives his testimony]
Chuck
I recorded my brother to build a case against him.
RARobert Alley
And at the time, would you say you were in full possession of your faculties? All due respect, but you do sound somewhat unhinged on the recording.
Chuck
Yes, I understand, but what you heard was theater, a performance, play-acting. I exaggerated the symptoms of my disease to extract the truth.
RARobert Alley
Can we talk about your disease for a moment? I'd like everybody here to be on the same page.
Chuck
Of course. It is sometimes referred to as EHS: Electromagnetic hypersensitivity. I describe it as an acute allergy to electromagnetism.
RARobert Alley
It's not a common condition, is it?
Chuck
I know it sounds strange, I do, but 30 years ago, no one had heard of peanut allergies.
RARobert Alley
But you admit that no one... no doctor has ever diagnosed you?
Chuck
AIDS was not identified properly until 1981. HIV wasn't known as the cause until '83. These things take time to unravel, even for doctors.
RARobert Alley
Would you say that your illness affects your ability to think clearly?
Chuck
No. It affects me physically. It causes me great pain; however, I'm perfectly lucid.
RARobert Alley
Thank you. Mr. McGill, I have only one more question for you... do you hate your brother?
Chuck
Absolutely not. I love my brother. There's nothing malicious in Jimmy. He has a way of doing the worst things for reasons that seem almost noble... but what I know for sure is that the law is too important to be toyed with. It's mankind's greatest achievement. The rule of law, the idea that no matter who you are, your actions have consequences, and the way my brother treats the law... it breaks my heart. That's why I did what I did. Not to hurt him, but to protect something that I hold sacred.
CDr. Cruz
Let's talk about the night you first called me. You sounded very distressed.
Chuck
I was.
CDr. Cruz
Using a telephone must've been difficult for you.
Chuck
I had to walk ten blocks to a payphone. That was extremely uncomfortable - probably almost a nine.
CDr. Cruz
What made it so important to talk to me that night?
Chuck
...I'd had an incident. A very... public incident, perhaps the worst experience of my life. It was proven to me in public, and beyond the shadow of a doubt, that there was a battery—a fully charged battery—almost next to my skin for the better part of two hours... and I felt nothing.
CDr. Cruz
What does that mean to you?
Chuck
This condition... to me, it's as real as that chair, it's as real as this house, it's as real as you. But... what if it's not? What if it's all in my head? And if that's true, if it's not real... then what have I done?
[Howard comes over to Chuck's house, having received notice that Chuck is suing the firm]
You're suing Hamlin Hamlin & McGill?!
Chuck
Come on in, Howard.
[Howard steps into Chuck's kitchen while he's cooking. He notices that Chuck has restored the electricity.]
You turned the lights on?
Chuck
I told you, I'm back to normal. And yes, I am suing HHM for breach of contract.
Do you have any idea what you're doing?!
Chuck
I believe I do. I'm calling your bluff. This is my firm—I built it. Your father was working in a two-room office when I joined him. And you, I tutored for the Bar exam. You're not kicking me out. If you can't trust my judgment as you say, so be it. But you're gonna have to pay me for my share. I believe it comes to around $8 million. We both know the firm doesn't have the money.
[shocked] You'd rather tear down HHM than retire?
Chuck
Do you think I'm trouble now, as your partner? Imagine me as your enemy.
Chuck. The damage that you're going to do...
Chuck
If you'd like to discuss this further, we can in court. Until then... [shrugs] what else is there to say?
Chuck
Lawsuits. Threats. Recriminations. This is a situation no law firm wants to be in. It's—Well, it's embarrassing. I know we all want a swift resolution here... so, what are our options? Take it to trial? Expensive, and extremely damaging to HHM's reputation. Not my first choice. Or yours, I imagine. The firm could choose to buy me out... for an amount that is almost certain to bankrupt it. I spent decades building this firm. I don't want to be the agent of its destruction. There is a third option; there's no reason we can't put all this unpleasantness behind us and continue on as we have been. I'm willing to let bygones be bygones, and if you agree... I think we can settle all this right now with a simple handshake.
[Chuck holds out his hand to Howard]
[pause] ...Would you all give us the room for a moment?
[HHM's partners exit the boardroom]
Seventeen years. Eighteen in July, actually. All those years we built this place together. And all that time I've supported you. Looked up to you, deferred to you. Because I always thought you had the best interests of the firm in mind.
Chuck
I have!
Mnh. You did. For a long time. But you've let personal vendettas turn your focus away from what's best for HHM. You've put your needs first. To our detriment.
Chuck
I don't think that's accurate.
And the moment that I mildly suggest, with empathy and concern, that maybe it's time for you to consider retirement... the first instinct you have is to sue me?! To sue the firm? Well, I... I—I don't even know. I—In what world is that anything but the deepest betrayal of everything we worked so hard to accomplish? In what world is that anything but the deepest betrayal of our friendship?
Chuck
Howard, I could argue that you're the one who betrayed me—
That's bullshit. And you know it. This is pointless.
[Howard hands Chuck an envelope]
Chuck
$3 million?
The first of three payments, as per the partnership agreement.
Chuck
The firm can't afford this. Are you... [surprised] ....you're not shutting down, are you?
I would never endanger the firm. This is mostly from my personal funds. And a few loans.
Chuck
[astonished] You're paying me out of your own pocket.
[Jimmy is stunned to see working electrical appliances in Chuck's house]
Chuck
I always told you I'd get better. You just never believed me.
Sure I did. [pause] But Chuck... this is great! How did you do it?
Chuck
What was it you wanted, beyond proof of life?
Oh. Uh, s—something happened, and it made me think about what—what went down between you and me. And so I wanted to say in hindsight, I could have made different choices.
Chuck
Is that so?
Yeah. I mean, I'm not saying it's all on me. It's not. But if I had to do it all over again, I would maybe do some things differently. I just thought you should know that.
Chuck
That you have regrets.
Chuck
...Why?
Why? Because you're my brother. There aren't that many of us McGills left and, uh, I think we should stick together.
Chuck
No, why have regrets at all? What's the point?
Chuck
Well, look at you. You're in so much pain. Why are you putting yourself through all this?
Because I wanted to tell you—
Chuck
That you have regrets. And I'm telling you, don't bother. What's the point? You're just going to keep hurting people.
Chuck
Jimmy, this is what you do. You hurt people over and over and over, and then there's this show of remorse.
Chuck
I know you don't think it's a show. I don't doubt that your emotions are real. But what's the point of all the sad faces and the gnashing of teeth? If you're not going to change your behavior, and you won't...
Chuck
...why not just skip the whole exercise? In the end, you're going to hurt everyone around you. You can't help it. So stop apologizing and accept it, embrace it. Frankly, I'd have more respect for you if you did.
What about you, Chuck? Hm? You didn't do anything wrong? You're just an innocent victim?
Chuck
Let me put your mind at ease, Jimmy. You don't have to make up with me. We don't have to understand each other. Things are fine the way they are. Hey... [puts his hands around Jimmy's shoulders] I don't want to hurt your feelings. But the truth is, you've never mattered all that much to me.
[In a flashback, Jimmy enters Chuck's house in the middle of the night with several bags in his hands]
Chuck
Did you ground yourself?
[Jimmy trips over his own feet offscreen and begins gathering the supplies]
Chuck
I was starting to worry.
My car conked out on the 40. I almost got creamed by a cement truck! [lays out groceries on the table] Oh, um... They had those apples that you like. I got you half a dozen Fuji. And the newsstand on Central said they might start carrying the Financial Times, so that's good, right?
[Chuck stares with a mixture of disbelief and pride as Jimmy sorts everything out]
Chuck
You know I could hire someone to do this. I could get someone from the office...
Chuck
Yeah? Every day? While you're trying to start a... practice? Why?
"Why?" 'Cause you're my brother, duh. You'd do the same for me.
Chuck
Hmm. Well, you could stay for a while. We could talk.
Chuck
Well, your cases, your clients?
You wanna talk about my clients? Uh, seriously? You wanna talk about the granny who got picked up for soliciting inside a Christian Science Reading Room? Uh, what about the kid who broke into a liquor store and drank five bottles of créme de menthe and passed out behind the counter?
Chuck
They deserve a vigorous defense, like any other client.
...Or maybe you just wanna tell me what I'm doing wrong.
Chuck
That's not what I had in mind!
[Jimmy goes back to setting the supplies and lays out the ice]
Chuck
I'm hoping you didn't steal that from the hotel ice machine.
You can hope! I'm gonna take a pass on the heart-to-heart, Chuck. One of my "deserving clients"... He got caught waving the weenie outside a Hobby Lobby.
Chuck
[moves to get his wallet] Well, hold on, you gotta reimburse yourself.
Mmm-mmm, this one's on me.
Chuck
Jimmy, if you don't like where you're heading, there's no shame in going back and changing your path.
Uh, when have you ever changed your path? [shrugs and chuckles when Chuck doesn't respond] Hey. Think on it.
Chuck
We always end up having the same conversation, don't we?
I'll see you tomorrow, Chuck. And I might have the Financial Times!
[Chuck stares a while, then picks up his copy of The Time Machine and his lantern before walking into the darkness.]