this is set part way through ep 18 when Will and Alicia find themselves left sitting in a bar (before the confrontation with Tammy)
Frank Thomas walked away and left them alone at the table. They sat there for a moment in awkward silence.
"That went well" said Will sardonically.
"So what happens now?" Alicia fiddled with her glass, only too aware that they had not shared this close proximity for many months.
"We wait for his next move".
Alicia looked anxious, "I should get going" she said and made to get up but as she did so Will laid a hand on her arm..."we might as well stay and finish our drinks", another pause, "at least that way we haven't completely wasted our time travelling across town"
"I'm not sure" she said, "my kids..." her voice trailed off...
"Alicia, are we still friends?" "Of course", her reply was immediate and sincere. "Then spend a little time with me".
A few more minutes passed whilst they both contemplated how to proceed
"Are you OK?" they said in unison. And both smiled. They'd asked each other this question so many times since they'd met again but now neither knew how to answer.
Instead Alicia changed the subject, "So Tammy's back",
"Yes, apparently",
"So are you and she..."
he interrupted before she could complete the question "No".
"Why not?"
"She told me not to fall in love with her and then she went to London".
"So was it over before you and I..." she trailed off unable to find the words.
"There never was a me and Tammy...and actually was there ever really a you and me?"
"Yes, of course there was but I couldn't...there was too much...I was so conflicted..."
Will sensed her distress and interrupted, "it's OK, just tell me one thing, are you and Peter getting a divorce?"
"I don't know. The marriage is over, I don't love him anymore but it's so complicated, I need time to work out how to go forward..."
Suddenly Will saw red and couldn't prevent his outburst..."What does this man have to do for you to move on? He completely betrayed you, slept with hookers, tried to destroy me and my firm which would have left you without a job, what is to think about?"
"Actually it's even worse than that"
"What do you mean, what could be worse?
"The Grand jury, Wendy Scott Carr asked me if you and I had a sexual relationship"
A pregnant pause, "What did you say?"
"Will, I was under oath, I told the truth"
For a moment Will was lost for words, "If that had gone public, oh my God, your kids, did you tell them?"
"I was about to when Kalinda called and told me that the jury didn't indict"
"What were you going to say?"
"I honestly don't know, the truth I suppose"
"And how would that truth have looked?"
"Will please..."
"OK, but what happened in that court room? Why didn't they indict? What did you say?"
"I don't know, I was in such a panic. I left the stand before she finished questioning me, she threatened to hold me in contempt and I told her to arrest me. I was so angry, she was so out of order, in that moment I just had to get away."
"Good god, so it's just sitting there waiting for someone to leak it and you haven't told your kids? Are you so ashamed of you and me? Did it mean nothing?"
Alicia closed her eyes and let out a deep sigh "Please Will, try to understand. I wanted to be with you, loved being with you and it meant everything, especially when I first came to the firm and you were always there for me, it saved me but my kids needed me, my job took up so much of my time, my emotions were all over the place and...there's still Peter. Just...I know I have no right to ask this and I don't even know exactly what I'm asking but Will, please don't give up on me."
"I won't give up on you but you have to make some decisions. If I've realized one thing recently, it's that I need a life too, not just an empty apartment that can be invaded anytime by my well meaning but infuriating sisters, but a home with people in it, a family... so you have a choice to think about. Continue to sit on the fence, stay married to Peter, ignore "us", keep me out of your kids' lives, or reach out and trust me. Let me into your lives and see where it goes. We can take it slow as you like, one step at a time, it's up to you. You are everything to me but I need this to work both ways."
Alicia sat very still, trying to absorb the enormity of what Will had just said. All the words that until now had been left unspoken. Part of her was deeply moved but another nagging little voice in the back of her mind was annoyed that he was forcing her hand. She knew it was irrational, but she wasn't ready for this.
Suddenly she had to get away. She grabbed her coat and bag and pushed away from the table. She was about to leave when she caught a glimpse of Will's face. He had a haunted look in his eyes and she realized he thought she'd made her decision. Dropping her things again, she put her hands either side of face and kissed him as tenderly as she could, trying to convey through her actions all the emotions she couldn't put into words. "Will, you and my kids, you are everything. I just need a little time to work out how to go forward. To decide if I can have what my heart wants and do right by my family. You have been so patient, can you give me a little bit longer?"
And then there was that amazing, heart stopping smile that has always made her catch her breath, "Go home Alicia, and when you're ready, we'll talk..."
And with that Will got up and walked away.