Newland Archer is feeling more himself. He has pushed his thoughts of Madame Olenska into the distance, where they belong, and has reestablished May Welland at the center of his world, a position she well deserves as his betrothed. However, as he sits at his desk at work, he is called into Mr. Letterblair’s office. The senior partner has a request to ask of Archer. Mrs. Mingott has asked that the law office take on the case of Madame Ellen Olenska, who is seeking to file a suit for divorce against her husband. After considering a suitable lawyer to handle this affair, the family members all decided on Newland Archer.

Archer balks at this. He feels reluctant to get involved with Madame Olenska again. He has not seen her except for two very brief encounters and is glad not to be so absorbed in her affairs. He has a tendency to feel he must protect her against the harsh realities of New York society and their strict rules of conduct. However, if Madame Olenska insists on throwing herself at unscrupulous male advisors, such as Julius Beaufort, Archer can do no more do to take care of her. Besides this, Archer does not like the concept of divorce any more than any other member of his social class. Divorce is distasteful and always causes scandal. However, it is just for this reason that Mr. Letterblair and the others suggested Archer for the case. If any lawyer was to deal with the suit, they think it best to be someone in the family. Although technically Archer is not a member of the family yet, he soon will be upon marrying May.

The true reason the family is seeking a lawyer is not to help Ellen Olenska win a divorce but rather to talk her out of pursuing such a suit. They think Archer is the best man to do this. After all, Ellen has told the family herself that she is not seeking money from the suit. Her husband has allotted her enough to comfortably live on. Neither does she want to remarry, or so said. Rumors, though, state something differently entirely. That is why the family hopes to steer clear of drawing the suit into the court, opening up the issue to the public. The family does not want the gossip to spread that Ellen Olenska is secretly planning to marry the man who helped her escape, her husband’s male secretary.

Mr. Letterblair echoes what he had heard from Ellen’s family and says that if Madame Olenska truly does not need the money and does not desire to remarry, there seems no reason for a divorce. Madame Olenska is in America and her husband is in Europe with the Atlantic Ocean between them. He asks what more she could need?

Although Archer at first agrees with the sentiment Mr. Letterblair espouses, the more he listens to the arguments against Ellen’s filing for divorce the more he leans in her direction. He wonders why she should not have a divorce, if that is what she wants? Why does the family insist in always covering up what is real and wishing it away? If Ellen wants to be free, for whatever reason, does she not have a right to be?

When pressed for his opinion about the suit, Archer refuses to promise Mr. Letterblair that he would try his best to dissuade Madame Olenska from seeking the divorce. This bothers Mr. Letterblair until Archer adds that he will not make a decision as to his position on the case until he has talked to Madame Olenska and then presented her argument to Mr. Letterblair.