Race (4 page)

JACK
(To phone)
:
Nicky
. Yeah, blah blah the weather, and blah blah the market. I heard you lost a client.
(Pause)
Because he came over here.
(Pause)
Why did you think that?

HENRY
: Because you've got a Black Partner.

JACK
: “Because I've got a Black Partner.” Rosy red apple.
(Pause) Thank
you. But, I'm not sure yet. Well, we were hoping perhaps
you
could guide us.
(Pause)
I appreciate it.
(Pause)
I appreciate it very much.
(Pause)
Thank you, Nicky . . .
(Pause)
'F'I could ask you why . . .
(Covers phone)
“Because of new information.”
(To phone)
Because of
what
new inf . . .
(Pause; he gestures for a pad and paper. Henry hands it to him. He writes)
What, they “just came
forward
?” Is that a reliable wit . . . the man
and
the woman.
(Pause)
No.
Thank
you, Nicky.
(Pause)
I don't know. Thank you. I'm in your debt.
(He hangs up)
Our
friend
. It is now reported.
Said
. In the hotel: quote, which was just sworn to. By two witnesses, being the couple in the adjoining room, during the altercation: quote: “I'm going to fuck you now, you little nigger bitch.”
(Pause)
Quotation ends.

HENRY
: Who are the witnesses?

JACK
: Husband and wife. Thirty years married.
(Pause)
And the man's a preacher.

HENRY
: Black or white?

JACK
: White.

HENRY
: And they've sworn to it?

JACK
: That's right.

HENRY
: You know any really rich people, Jack?

JACK
: Maybe a couple.

HENRY
: You ever know one you could trust?

JACK
(To himself)
: Uh-huh.

HENRY
: I'm going to tell you what, Jack. He held out on
Nicky
, he'll hold out on
us
. It's a two-way loss. We lose, we
lost
, we get him
off
what does that make us?

JACK
: Because it's a black-white case? . . .

HENRY
: Well, that's correct. The case is a
loser
, Jacky, let some kid take it, some kid, doesn't
know
better. He puts on a valiant defense. Everybody understands. It doesn't hurt
him
. Case hurts
us
, Jacky. Either way.
(Pause)
I know you're a “warhorse,” and all that, you got blood in your nose.

JACK
: Very large fee.
HENRY
: Amortize it over x years lost clients.
(Pause)
The case stinks.

SUSAN
: Copies of: the indictment, the report of the first responding officer, room report, report of the chambermaid, report of the floor supervisor . . .

HENRY
: We . . .

SUSAN
: . . . chambermaid's late, making up the room, the floor supervisor needs to file a report.

HENRY
: We're going to pass on the case.

SUSAN
: We're passing on the case.

JACK
: Call Mr. Strickland in, and . . .

SUSAN
: Why are we passing on the case?

HENRY
: Because. Given a choice, we are permitted to choose to pass on the case.
(Pause)

SUSAN
: Then I should give him back his check.

JACK
: What check?

SUSAN
: He wrote us a check.

JACK
: “For?”

SUSAN
: You asked me, to have him fill out a “client application form,” and . . .

HENRY
: . . . we asked you to keep him “busy” . . . ?

SUSAN
: And, he
asked
, if we also required a
retainer
, and I said . . .

HENRY
: And is it in your limited experience that a potential client, a potential client, come in for a consultation, will voluntarily offer money?

SUSAN
: I . . .

HENRY
: Or is it in your limited experience that, conversely, the client will employ any means of stealth and
delay
to avoid the payment of bills.

JACK
: Leave her alone.

HENRY
: . . . which falls within the realm of your experience?

JACK
: Henry . . .

HENRY
: Well,
no
, this is your Honor Student, let's . . .

JACK
: It's
alright
. . .

HENRY
: She's
your
science project, Jacky, she's not
mine
. And you were going to take the check?

SUSAN
: Yes.

HENRY
: And had you had it in contention to give him a
receipt
?

SUSAN
: Yes. I was writing him a . . .

HENRY
(To Susan)
: What does it mean
contractually
, if you had accepted the check, and you had given him a receipt. Is there a technical term for that?

SUSAN
: It's called a
retainer
.

HENRY
: And what is its definition?

JACK
: ALRIGHT, Hank.

HENRY
: Is it “a legal
contract
?”

JACK
: . . . alright . . .

HENRY
: Which means we might be obliged to try his case?

SUSAN
: He gave a check to Greenstein . . .

HENRY
: I'm sure he did
not
.

SUSAN
: Why?

HENRY
: Because Greenstein's too fucking smart.

SUSAN
: I was simply . . .

JACK
: No harm done, alright? We leave the check upon the table.
No harm done
. If he's written the check, don't
touch
it.
(Henry shakes his head)
I'll take
care
of it. It's alright, Henry. Jesus Christ . . .

SUSAN
(Pointing at the door)
: Do you want me to . . . ?

JACK
: No, I'll do it. Call Kelley's guy. Tell him. We appreciate the documents . . .
(He shows the file of papers)

SUSAN
: I didn't get them from Kelley.

JACK
: No, from “Kelley's guy.” Tell him we require no further—

SUSAN
: I didn't get them from Kelley's guy. He was not responding.

JACK
: You didn't get the documents from Kelley's guy?

SUSAN
: No.

JACK
: Where did you get them from?

SUSAN
: From the D.A.

HENRY
: You requested the documents from the D.A.

SUSAN
: Yes.
(Pause)

HENRY
: Well, then you might as well take his check, because now we're the Attorneys of Record.
(Pause)
What the
fuck
did you think we were
doing
in here? While you were asked, go out there, look pretty, and
stall
the fellow, while we decided . . .

SUSAN
: I believed I was doing as instructed . . .

HENRY
: While we decided whether or not to take the case.

SUSAN
: You instructed me—

HENRY
: Did you fucking
go
to Law School?

SUSAN
: I beg your pardon, you
told
me, to take him into the . . .

HENRY
: And give him a
magazine
. I'm going to tell you what, you went Blind.
You
went fucking blind. You saw, the Rich Man, Billionaire,
flirted
with you.

SUSAN
: I
beg
your pardon.

HENRY
: . . . that you tried how many Stupid Fucking Errors you could make in a ten-minute interval.

JACK
: Henry, she made a mistake . . .

HENRY
: What
I
know, that you do
not
know, is why she made it.

JACK
: Why did she make it?

HENRY
: Because she let her
color
jump on her
intellect
.
(Pause)
And all you had to do is give him a magazine.
(Pause)
Which.
Because of all your “Ivy League”
training
. . . It seems you found
beneath
you.

JACK
: Alright, alright . . .

HENRY
(Reads)
: “And now I'm going to fuck you, you little nigger bitch . . .”
(Pause)
And that's our case.

JACK
: Will they
swear
to it?

HENRY
: Aw, come
on
, Jacky.

JACK
: Will he swear to it?

HENRY
: White clergyman gets to say “fuck,” “nigger” and “bitch,” in one sentence.

JACK
:
Well
: . . .

HENRY
: There are some things, One cannot
say
, Jack . . . And our
client
. . .

JACK
: He didn't say it, it's just “alleged” . . .

HENRY
: That one cannot “allege,” as the mob,
fearful of itself
, will as you say, turn on the alleged, and kill him. How do you
defend
this cocksucker?
(Pause)
I need to tell you something.

JACK
: She can stay.

HENRY
: I don't
think
so . . .

JACK
: She can stay, Henry.

HENRY
: Alright. If we must. If we are, as it seems we are
wedded
to this case.
(Pause)
It has not been unknown. For Advocates.
To stage a less than Spirited Defense. Of those they
clearly found objectionable
. With results acceptable to all but the accused.

JACK
: What if he's innocent?

HENRY
: Then tell me how we're going to win this case.

JACK
(To Susan)
: Can one win this case?

SUSAN
: You said one can win
any
case.

JACK
: And the addendum?

SUSAN
: “If one only takes on cases one can win.”
(Pause)
I'm truly sorry if I did wrong.

JACK
: I know you are.

SUSAN
: I'm truly sorry.

JACK
: It's called a “mistake.”
(Reading)
Copy of the indictment. The report of the first responding officer, room report, report of the chambermaid. Report of the floor supervisor . . .

HENRY
(Hangs up the phone)
: Clerk of the court has called. He's listed us as the Attorneys of Record. And we are to appear with Mr. Strickland tomorrow.

JACK
: Who's the judge?

HENRY
: Before Judge Johnson. To enter a plea.

JACK
: That's great.

HENRY
: I say we plead him.

JACK
: He won't plead.

HENRY
: How do you know?

JACK
: 'Cause he just
told
us.
(Pause)
Okay. What do you do on Dead Ground?

HENRY
: “On Dead Ground, Fight.”

JACK
: Read it.
(She starts to read; pauses)
Just fucking read the thing.

SUSAN
(Reads)
: He threw me down. He ripped off my red sequined dress . . .

JACK
(Referring to another piece of paper)
: What is this?

SUSAN
(Looking at it)
: Hotel. Floor supervisor's report . . .

JACK
: Read it.

HENRY
(Reads)
: “ . . . the chambermaid Rosa Gonzales . . . Room fourteen twelve . . . disarray,
disarray
, liquor. Spilled . . . cigarette butts . . . ”
(Pause. He looks up; Jack looks at Henry)
What? What?

JACK
: Where are the sequins?
(Pause)
Floor supervisor's report. Room all torn up, chambermaid's late making it up.

HENRY
: Yes?

JACK
: Cigarette butts. Disarray . . .
(Pause)
No mention of the sequins.

HENRY
: I don't . . .

JACK
(Of Susan)
:
She
knows. He ripped the dress off, the room would be
covered
in sequins. It
has
to be.
Tell
him. A sequined dress, you
look
at it wrong, they start to fall off. You walk into that room, that would be the first thing you see.
(Pause)
“He threw me down, he ripped my dress off.”
(Pause)
It's
impossible
that room would not be covered in sequins.
(Pause)
It's impossible.
(Pause)