Forty-two years ago,
"Perry Mason" aired for the first time on television screens
across the country and everyone wanted to be him. They wanted to
hold his briefcase, have his stare, and recite his cross. Since
then, America has not lost its love affair with the lawyer. The
images are varied — perverts and sycophants, crusaders for
justice and savages.
From slapstick situational comedies to crime-scene dramas, television
shows have crafted — or, much more likely, picked up on —
a number of misconceptions about what it means to be a lawyer. The
best television shows, with large fan bases and numerous awards,
are drenched in behaviors forbidden by the oath attorneys take before
they practice. The following are the best shows, but worst offenders,
for the reputation of attorneys.
Show: "Damages"
Network: FX
Airdate: July 2007
Washington Oath Violated: "I am fully subject to the
laws of the State of Washington and the laws of the United States
and will abide by the same."
"Everyone is looking to play an angle," Patty Hewes says,
while the corner of her glasses hangs from her mouth. If Hewes,
played by Glenn Close, were to practice in the state of Washington,
she'd probably have a hard time saying the first oath of an attorney
and vowing to not break the law.
Be it libel, wiretapping, or a myriad of other crimes, her intrigue,
and the show's success, is based around the ruthlessness of attorneys.
Show: "Law & Order"
Network: NBC
Airdate: September 1990
Washington Oath Violated: "I will support the constitution
of the State of Washington and the constitution of the United States."
Jack McCoy is the vision most Americans see when they imagine prosecutors.
While the show portrays him as a hero, he walks a fine line when
it comes to supporting the Constitution. Miranda violations or charging
an individual he knows is innocent — Jack McCoy and the other
attorneys on this show should have taken an extra class in con-law.
"Law & Order" is the longest-running prime-time drama
in American history, but shows yet another ruthless portrayal of
the law and those who practice it.
Show: "Boston Legal"
Network: ABC
Airdate: October 3, 2004
Washington Oath Violated: "I will abide by the Rules
of Professional Conduct approved by the Supreme Court of the State
of Washington."
After watching the first episode of "Boston Legal" in
2004, Los Angeles attorney Bret Fausett published an article in
The Daily Journal. While watching the episode, he had flashbacks
to issue-spotting in his law school professional responsibility
class, and grabbed a pen. He documented in this one episode: legal
spoliation, sexual relationships with active clients, failing to
disclose conflicts, ex parte contact, cases without merit, and firm
complacency with the violations. At the end of his article, Fausett
says, "Don't get me wrong, I loved every sleazy minute."
Show: "Moral Court"
Network: Warner Brothers (WB) Airdate: October 2000
Washington Oath Violated: "I will maintain the respect
due to the courts of justice and judicial officers."
It only ran one year. You may have missed it. But if you didn't,
the effects of "Moral Court" linger in dark places no
one wants to admit they once traveled. Modeled on "The People's
Court," "Moral Court" put a lawyer/talk show host
in a robe and gave him a gavel, but it was not the law that Larry
Elder wielded. Instead, he presided over moral disputes. (Read as:
he slept with my best friend and didn't water my houseplant.) He
awarded money to the wronged party — a maximum of $2,000 —
for ethical missteps. Unsurprisingly, or maybe surprisingly in the
age of reality television, the ratings were low and the reviews
bad. But it did its part to lower the respect Americans have for
the bench.
Show: "Ally McBeal"
Network: FOX
Airdate: September 1997
Washington Oath Violated: "I will not counsel, or
maintain any suit, or proceeding, which shall appear to me to be
unjust, or any defense except as I believe to be honestly debatable
under the law, unless it is in defense of a person charged with
a public offense. I will employ for the purpose of maintaining the
causes confided to me only those means consistent with truth and
honor. I will never seek to mislead the judge or jury by any artifice
or false statement."
One has not seen a frivolous lawsuit until one has seen "Ally
McBeal — the little boy suing God, or the suit against the
matchmaker who calls someone unmatchable. The comedy drama reinvented
the frivolous lawsuit in the post-McDonald's coffee era. The attorneys
talk about the details of their cases openly to their significant
others and roommates. They date their judges and then mislead them.
The attorneys on "Ally McBeal" could, in almost every
episode, make breaking this oath a mantra.
Show: "Night Court"
Network: NBC
Airdate: January 4, 1984
Washington Oath Violated: "I will abstain from all
offensive personalities, and advance no fact prejudicial to the
honor or reputation of a party or witness unless required by the
justice of the cause with which I am charged."
If there were an employee in a dusty room at Time magazine keeping
track of the most ludicrous statements printed on high-gloss pages,
the issue that stated that "Night Court" was one of the
most realistic law shows on the air should be on his bulletin board.
But overlooking the insane defendants (one episode involved Wile
E. Coyote), the largest oath violations came from the lecherous
Dan Fielding. Played by John Larroquette, Dan Fielding spent more
time trying to get into the fishnets of whatever call girl was in
the courtroom than actually practicing law. He also had a tendency
to sell his clients downstream.
Show: "L.A. Law"
Network: NBC
Airdate: September 15, 1986
Washington Oath Violated: "I will never reject, from
any consideration personal to myself, the cause of the defenseless
or oppressed, or delay unjustly the cause of any person."
If anthropologists in the future want to took back to the 1980s
to understand the value and ideologies of the time, they might look
to "L.A. Law." But if they did, attorney reputations for
championing the defenseless would be in serious trouble. It is a
vision of fast cars, red heels, and flashy-dressing attorneys. They
are worried first and foremost about the money. The classic opening
sequence sports an "L.A. Law" license plate attached to
a Jaguar XJ, but eventually the car was replaced with a Bentley.
While the show frequently tried to touch on social issues (the 1992
riots, for instance), it wins special recognition here for overlooking
the defenseless in exchange for car wax.
As published, De Novo, Official Publication of the Washington
State Bar Association Young Lawyers Division, April 2009.
|