Damages Season 5, Episode 3 Recap: Failure Is Failure

July 25, 2012

Our insider, Josh Payne, brings you a detailed recap of every new episode plus extra background info only a Damages writer would know!

The episode begins with Ellen and her new associate Kate Franklin in an elevator, heading up to Hewes & Associates to depose Naomi Walling’s daughter, Rachel. This is Ellen’s first time back in Patty’s office since she left after a blowout with Patty over the High Star case. Ellen tells Kate if they don’t make progress in this deposition, McClaren will dump them and they’ll both be out of work.

Then we jump back in time one week, where we see Kate Franklin turned down Patty’s job offer, choosing to work for Ellen, who’s still setting up her new office. When Ellen asks Kate to handle some paperwork instead of meeting with the clients, Kate assumes Ellen does not trust her yet. But Ellen assures Kate it’s not just busy work and says she admires Kate for taking on Patty in court 25 years ago. Surprised that Ellen knew about that case, Kate says it was a small domestic matter.

Ellen gets Channing’s story. He says he met Naomi Walling in a hotel room in New York and she agreed to provide him with details of Princefield Investment Bank’s insider trading. He claims Naomi mistakenly included her personal emails when she sent the incriminating files and that posting them was an oversight.

Later in the episode we’ll hear Naomi’s story as her daughter Rachel tells it in the deposition. In constructing this episode, the writers were partly inspired by the movie Reversal of Fortune.

Over coffee, Patty and Ellen negotiate the terms of Rachel Walling’s deposition. Patty whittles Ellen down to two days of deposition, six hours each day.

We catch up to real time on the first day of the deposition as Ellen and Kate ride the elevator to the conference room at Hewes & Associates. During the deposition, Patty searches Ellen’s face as Rachel’s testimony contradicts McClaren’s public statements. According to Rachel, not only did McClaren and Naomi meet in person, they also had a sexual relationship. And during their last meeting, McClaren sexually assaulted Naomi after she refused to provide him with the Princefield evidence, Rachel says. She adds that McClaren threatened to hack Naomi’s computer for the information and that he threw his cigarette case at Noami’s head when she still refused to give him the information. When Ellen points out that everything Rachel said is hearsay and not backed up by a shred of evidence, Rachel produces McClaren’s cigarette case, dented from where it hit the wall.

After the first day of the deposition Ellen looks over the paperwork Kate summarized, including phone records. She notices an entry Kate highlighted—Naomi called Rachel just before she killed herself.

As the deposition draws to a close, Ellen uses her last 20 minutes to ask Rachel to recount the final conversation she had with her mother. Ellen times Rachel’s recollection of the conversation and argues it couldn’t possibly have taken place. She catches Rachel lying about the call. Ellen then says, “Then how do we know you haven’t been lying about everything you’ve said throughout this entire deposition?”

Alone in her office after the deposition, Patty throws her bourbon glass against the wall and clears her desk in a rage.

Related Content:
Damages Season 5, Episode 1 Recap: The Insider’s Perspective
Damages Season 5, Episode 2 Recap: Have You Met The Eel Yet?