论点：Duress

Um, Devlin McGreggor is fighting the subpoena. They filed a motion to dismiss the case based on our lack of evidence.
– Good.
Good… Wait. What do you mean “good”?
They don’t want to hand over the files. You pressed where it hurt. You’re looking in the right place. Did you think they wouldn’t fight back?
Well, I… Now that you mention it.
Oh. My bad. I keep forgetting you don’t actually know anything. (LAUGHS MOCKINGLY) The idea is you make a move, they make a move. You go back and forth until one of you wins.
Okay. What if they win the motion and the case gets dismissed?
Then you’re not as good as you think you are.
Harvey! What a coincidence. I was wondering how the pro bono was coming.
– I’m all over it.
– That makes me very happy. Because if I were to find out that you weren’t putting in your full effort, – I would be very upset.
– No worries. We’re all good.
Rachel. Rachel, Rachel, Rachel. I need your help. There’s a hearing on my subpoena.
I’ve got three cases in front of yours. You’re going to have to wait in line.
Wait. No. No, no, no. My hearing is tomorrow.
So, why are you coming to me?
Because Donna says you’re the best researcher in the firm.
Hmm. Let me see the motion.
Whoa. Whoa, whoa, whoa, whoa. You have an office? How do you have an office and I have a cubicle?
Like you said, I’m the best researcher in the firm.
Really? Well, I just made that up. I didn’t even have time to talk to Donna.
Is this all a joke to you? Because I take my job seriously.
No, I’m… I’m sorry. Look, I was… Look, you weren’t there. Okay? I care about this woman. She’s got nowhere else to turn and…
And you can’t help her by yourself.
I can. I just prefer not to.
Okay. You’re asking to look at private files without any evidence of your assertion.
Yeah. But the only way that we can find the evidence is to look at those files.
That’s a rickety argument.
But is there precedent?
Let’s go see if we can find one. Research is as much art as science. So, we’re going to look at privacy and harassment law. See if we can find a combination of cases to make an argument. I’ll take privacy.
I’ll take harassment law.
This will take a while.
We’re going to need dinner. Chinese.
No. I can afford Chinese on my own.
– This is on the firm. I want sushi. – Ooh.
(LAUGHING) Remember when I said you thought you were too smart – to be a paralegal? –
Mmm-hmm.
– Why…
– Aren’t I a lawyer?
I don’t test well.
– What?
– I… I’m smart. And I know I’d be a good lawyer. I just… I don’t know what it is. I can’t take tests. And I bombed the LSATs. And even if I could get into a law school, there’s just no way I’d pass the bar. So, if only there were someone who could take the tests for me.
Yeah, if only there were.
Yeah.
Mike, where are you at with the research for tomorrow’s hearing?
Uh, nothing yet.
You say you care about the client, but if you keep playing footsie instead of finding me an argument, the client’s going to lose. I don’t want to lose.
Look, it’s no use, okay? Their investigation is by the book. We look like the bad guys coming in, putting them under duress.
What did you just say?
I said we look like the bad guys.
No. You said they did it by the book, and we’re putting them under duress.
Yeah? Look. Hmm.
This is good. We’re going to have some fun.
We? I get to go?
You didn’t think I would let you come along?
– No.
– Good instinct. I wasn’t. But then, I thought it would be cruel not to let you witness my greatness.
Okay. Can I go get my bag?
No.
– You’re a true giver.
– Other side.
Okay.
Your Honor, this case should be thrown out. Other than her story, the plaintiff doesn’t have one piece of evidence.
Because the evidence lies within their personnel files, which they’re conveniently refusing to hand over.
Those files contain sensitive information. He’s fishing at the expense of our employees’ right to privacy.
Please. He doesn’t give a rat’s ass about his employees’ right to privacy. Sorry. That’s actually unfair to rats’ asses.
Your Honor, Mr. Specter’s claim that we don’t care about our employees, though belittling, doesn’t carry any weight as a rule of law.
True. But what does carry weight is that an investigation of sexual harassment must be conducted without any duress.
Your point?
The investigator and every person being interviewed answers to the CEO they’re investigating. That is the definition of duress. It would be as if your bailiff accused you of sexual harassment, and you assigned your stenographer to investigate. Now, how likely would it be that this investigation yielded any fruit?
You honestly think I would harass Herman?
Well, I don’t know, Your Honor. Some people have a thing for the uniform.
Uh, I’d like to think Herman would come to me before it even got to an investigation.
I saw that. That should be stricken.
But what if Herman did come to you, Your Honor? And you betrayed his trust by firing him under false pretenses?
You really think that little of me? I wouldn’t trust you as far as I can throw you, Your Honor.
– Hand over the files.
– Oh, my…
Today. (BANGS GAVEL) That’s it. Herman? I’d like to speak to you in chambers.
That was awesome.
It was your argument. I just framed it in a way that humanized the situation and brightened all of our afternoons.
I feel like Michael Corleone in that scene where that fat guy teaches him how to shoot that gun.
Are you saying that I’m the fat guy? Because I’m not the fat guy.
Mmm. Do you know what his name was?
– Yeah. – Cardoza.
– Clemenza.
– I knew that. I was just testing to see if you knew it. I knew that you knew that I knew.