A meeting of the partners brings some good news: they’re no longer in debt. In fact, they’re in the black by $183 million. So those new partnership offers… They vote to renege on their offer.
Will’s currently representing the makers of the Thief drink. They’re being sued by the grandmother of a young girl that died after consuming their product.
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Will and Diane want Cary and Alicia to run through a mock trial with them. Alicia and Cary will represent the plaintiff, and they have 24 hours to build their case. The two think that Kalinda is simply at their disposal, but she works for the opposition, and they must hire her at $400 an hour.
Josh Perroti and David LaGuardia meet with Elsbeth and Eli. After playing a recording in which Eli offers a donation in return for support of his ex-wife’s campaign, they again offer to drop the investigation if Eli wears a wire to implicate Peter.
The mock trial begins with Alicia’s opening argument. She takes the opportunity to present the defense’s case in a bad light. She urges the jury not to be swayed by Will and presents them with bright photos of Bella, a young girl gone too soon.
David Lee informs Alicia of the delay in her partnership offer, for at least a year.
Their first witness is a doctor that claims the drink caused her to choke on her own vomit. In cross, Diane shows the photo of Bella alongside a previous photo. She’d lost a substantial amount of weight, leading the doctor to admit that anorexia could have contributed to her death.
Cary’s offer was delayed, too. Alicia wants to rally the other fourth-year associates and weigh their options.
Elsbeth got the wiretap confirmation, plus the evidentiary notes which require three dirty calls in order to place a legal wiretap on the phone; they only had two.
Cary and Alicia hire an aspiring actress to play the role of Bella’s grandmother on the stand, and she takes her part beyond any believable scope. Cary tries (and fails) to bring her back to reality, but this is the role of a lifetime!!
Elsbeth takes her findings to Perroti, and he rips up the note and simply annotates the the original note to say that there were three calls.
The VP of Marketing, Mr. Schmaucher, is next on the stand. They found Thief’s drink in the comments of a pro-Ana website. This was part of a cyber shill in which the company, legally, hires freelancers to promote their product online. While this is completely legal, this pro-Ana commenter posted about the Thief drink more than 100 times on the site. The jury is polled after his testimony, and most of the jurors are not only siding with the plaintiff, they’d like to award damages of $45 million. The creator of Thief isn’t too happy with the results, but Will and Diane assure him that once they’re allowed to present their witnesses, the jury will lean in their favor.
Cary suggests to the other fourth-year associates that they meet with their top clients without the knowledge of the partners to make them think they’re jumping ship. Cary wants to start up his own partnership with Alicia: Florrick & Agos.
It’s Diane’s turn, and her witness touts the incredible safety of the Thief drink. During cross, Cary points out that the FDA approved the drink as a supplement, not a food, so there were no standards to meet. They submitted it as a food and were rejected. Once they added B-12, they were approved. The argument heats up, and soon, all four lawyers are arguing. (Alicia is the loudest.) This isn’t just about the case, and she lets them know it. Will blames the equity partners for the delay.
Spending time with Elsbeth has taken Eli away from the goings on of the campaign, leaving Jordan in charge. Eli tries to get Peter on the phone, but as Jordan pointed out, Peter won’t talk to Eli about this gradual shift of power; it’ll just happen.
David Lee receives word of the new meetings with the fourth-year associates. Will suggests offering a partnership to one of the five to disband their group and rid them of the threat.
Mr. Lunt, the creator of Thief, is next on the stand, but he doesn’t stay on long once Alicia asks if he lets his daughter drink Thief. Again, they argue.
Will’s pissed and approaches Alicia in a dark and empty office, reprimanding her for her actions in court. She fires back, and soon, they’re making out. Not for long, though. Alicia runs out of the office. (Why is it so dark in there?!) Is this a replay of an earlier time? Will she run back to the office to finish what she started?
Eli agrees to wear a wire, not to give them Peter, but Jordan, in charge of the campaign’s finances.
Kalinda refunds the money to Cary and Alicia, and some pertinent information mysteriously winds up with the check, too. Thief settled another case prior to this one.
Lee offers the ring leader of the group, Alicia, the partnership and gives her 24 hours to come up with the capital contribution.
Cary introduces the prior settlement but gets shut down by the judge.
Eli’s wiretap doesn’t go as planned. He gets David LaGuardia to admit that there were only two dirty calls, thus ruining their investigation. Don’t mess with Elsbeth!
Lunt agrees to offer $12 million to the defendant after the catastrophic mock trial.
Will claims to not have had anything to do with Alicia’s offer, and the two agree to not be alone in dark empty offices from this point on.
Now Alicia must tell her comrade Cary about the offer before congratulations are officially made by the equity partners.
Finally an episode where Cary had more than 3 lines! Now that that’s out of the way, I really enjoyed this episode, though it is a far stretch of the imagination to think that two lawyers with 24 hours of prep could stifle the efforts of two others with months of prep, but maybe it was just a bad case to begin with?
Eli is slowly being shuttled to the side, though Jordan doesn’t seem to have scenes without Eli. So is Alan Cumming being replaced? Is this temporary because of his soon to be MacBeth on Broadway? (Definitely going to see that, by the way) Because he has to come back in some capacity. As much as I adore T. R. Knight, this substitution won’t do, even if it is a good story line.
Where is Peter’s mother? Are we really just going to forget that Kalinda’s husband disappeared? (Look at that, I forgot his name already.)
Alicia and all the other never-before-seen fourth years knew that this sudden offer was about money, so I’m not sure I understand the complete animosity Alicia holds toward Will and Diane in the beginning, and to think that she can’t see why she was offered it again… She’s completely aware one moment and naive the next? Hmmm…
Oh, and that kiss! I saw that coming after the first argument in the courtroom, and I’m curious to see if that flame will simply burn out too soon.
All those things aside, can’t wait to see what next week will bring!