Larry J. Cohen, Esq.
Larry J. Cohen is a certified specialist in injury and wrongful death litigation who has
focused in his more than twenty years of practice on serious medical injury and emotional
damages cases, including especially brain injury claims. He received his J.D. from Northwestern
University in 1985, and has been admitted to practice in Arizona since 1985. Mr. Cohen also has
a Master's degree and a Ph.D. from Syracuse University, is currently participating in a postdoctoral program in clinical neuropsychology and looks ahead to starting a doctoral studies in
clinical psychology when he completes the post-doc. He recently became Of Counsel to the
Phoenix law firm of Meyer Hendricks, PLLC. He has taught and done research at the University
of Michigan School of Law, is on the adjunct faculty of the Arizona School of Professional
Psychology, now Argosy University and cUlTently teaches as a member of the adjunct faculty at
the Sandra Day O'Connor College of Law at Arizona State University. Mr. Cohen speaks
nationally to groups of lawyers, other professionals, insurance companies, governmental entities,
risk managers and other interest groups about litigation and trial practice matters, legal ethics,
alternative dispute resolution, and issues in brain damage, law and medicine and law and
psychology. He has received awards from the Maricopa County Bar Association and the Arizona
Bar Association for excellence in continuing legal education.
Mr. Cohen may be reached at the following address:
Larry J. Cohen, Esq.
Of Counsel
Meyer Hendricks, PLLC
3131 East Camelback
Suite 310
Phoenix, Arizona 85016
602-604-2183 (phone)
602-263-5333 (fax)
Table of Contents
Marcia A. Johnson, Ethics at the Movies
Mimi Grimwood, Biography of Matters Relating to Law and the Popular Media
3
Law and Lawyering Movie Reviews
II
The Trial Lawyer's Choice, Larry J. Cohen, Esq.
19
Marilyn Robinson, The Lawyer in Popular Culture, A Bibliography
20
Marcia A. Johnson, Ethics at the Movies (Internet Site Location:
http://www.mncourts.gov/lprb/94bbarts/bbl194.html)(1994) (abridged)
Not since Atticus Finch have lawyers been able to take ethical cues from lawyers
portrayed in the movies. After all, screen writers get paid big bucks to ensure that lawyers in
movies face issues that will entertain, not enlighten. But sometimes the lawyers in movies are
faced with the same types of ethical issues that real practitioners face. What choices do celluloid
lawyers make when confronted with ethical dilemmas from real life? It is fair to say that the
Hollywood choices are not reliable guides for real lawyers. In the hit movie The Client, John
Grisham's depiction ofa lawyer who will do anything to protect her client presents but one
example - and an interesting ethical reality check for lawyers.
In the movie, the Mafia have killed a Louisiana U.S. senator, whose body has not been
found. The prosecutor, a flamboyant and politically ambitious U.S. attorney from New Orleans,
is desperate to find the body. The only people who know the whereabouts of the body are the
murderer and his lawyer.
The action commences when the lawyer, sure that the Mafia will ultimately kill him
because of his knowledge, drives to Memphis to commit suicide. He has a chance encounter with
an I I-year-old boy, Mark Sway, who unsuccessfully attempts to prevent the impending suicide.
Before he dies, the lawyer confides the ultimate lawyer-client confidence - the location of the
dead body - to Mark, who then becomes the target.
Mark eventually seeks the assistance of a lawyer, Reggis Love, when he learns how
dangerous a little knowledge can be, at least when it comes to dead bodies. The story develops as
both the Mafia and the Louisiana prosecutors attempt through either illegal or unethical measures
to ascertain what the boy knows - the prosecutors trying to force him to tell, and the mobsters
threatening to kill him ifhe does. It's a movie, so it all ends up more-or-Iess happily-ever-after
for the young client and his family, who literally fly off into the blue wrapped in the arms of the
Federal Witness Protection program. But for Ms. Love, one must pause to wonder what her fate,
professionally speaking at least, would be after the credits fade to black.
For Ms. Love has eommitted a number of professional ethics violations, all in an earnest
effort to help her client. Some are violations that real lawyers not infrequently stumble over.
Others are not often encountered beyond the silver screen, but do still occur.
From the outset of her professional relationship with Mark - the fee agreement - Love
has tripped over ethics. Mark retains Love for the fee of one dollar - all the money in his
pocket.
The fee discussion is appealing in its simplicity:
MARK: "How much do you cost?"
LOVE: "How much have you got?"
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Mark hands over a crumpled SI bill, and the deal is struck.
Recognizing that tantalizing dialogue is difficult to create around fee agreements, and that even if
written, any further discussion of the point would have been scrapped in the editing room, take a
minute to reflect on what would actually be required. First, Rule 1.5(b), MRPC, requires that
where a lawyer has not represented a client before, "the basis or rate of the fee shall be
communicated to the client, preferably in writing, before or within a reasonable time after
commencing the representation." It would appear that the film dialogue is inadequate for a nonHollywood lawyer. Is the dollar a flat fee? Advance fee? What about costs?
It's a movie, so it can be assumed that the dollar is the whole fee Reggie expects to get.
Under the circumstances, her client is not likely to have more money for payment of additional
fees. Collecting the fee up front is certainly consistent with the practices of many practical and
ethical lawyers, particularly in criminal law. So where's the problem? Look to Lawyers Board
Opinion 15. Unless there is a written fee agreement (and there certainly is no evidence to support
the existence of one in the movie) funds paid by a client at the beginning of the representation are
presumed to be an advance fee payment. Advance fees, of course, must be deposited into a trust
account, and withdrawn only when earned. Of course, considering the amount of the fee, it's
difficult to say Love didn't earn it during the first meeting. But retainers aren't usually a dollar,
and real lawyers must know the requirements.
If the dollar was intended to be a flat fee, or nonrefundable retainer (which does not have
to be deposited into a trust account), there must be a written agreement that includes the language
specified in Opinion 15. At what point does Love next run afoul of professional ethics? By
directing her client to secretly tape-record his initial interview with the prosecutors.
Surreptitious tape-recording of a conversation is not illegal (according to federal law and
in Minnesota) as long as one party consents. It is, however, unethical for an attorney to secretly
tape-record a conversation. The fact that it was the client, and not the attorney who did the taperecording, does not excuse Love in this instance, as she directed the client to do so.
Minnesota follows the position of ABA Formal Opinion 337 (August 10, 1974), that "no
lawyer should record any conversation whether by tapes or other electronic device, without the
consent or prior knowledge of all parties to the conversation." The rationale is that the secret
tape-recording is misleading and deceitful, and therefore a violation of Rule 8.4(c). The ABA
opinion and Minnesota practice make an exception for prosecutors who are in compliance with
statutory and constitutional law. The majority of states that have considered the issue agree with
the ABA that secret tape-recording is unethical. The position of the Director's Office has been set
out in the past, (see Bench & Bar, "Advisory Opinions.," July 1986) but there have been a
number of recent admonitions issued on this point, so it bears repeating.
The most serious of Love's professional ethics dilemmas is one that few lawyers ever
face. But it has happened, even in Minnesota. In the movie, Mark has been placed in "protective"
custody after the prosecutors filed a juvenile delinquency petition alleging he was obstructing
justice by refusing to tell what he knew about the dead lawyer's revelations (if any). He escapes
and calls Love to assist him in the get-away. As one would expect, she picks him up and
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acquiesces in his desperate request to drive him to New Orleans to make sure that the dead body
is still where the dead lawyer said it was.
Love's intensely personal decision to help unearth the location of the body was good for a
movie thriller, but was it professional? Think about trying to explain that decision in the cold,
hard, rational light of day. Was the decision to help Mark the "right" choice? Was it the "ethical"
choice?
A Minnesota lawyer was indefinitely suspended after being convicted of knowingly and
willfully aiding the escape of a federal prisoner. The client called the lawyer from prison and said
he was being released and had to go out east for a job interview. Could the lawyer please come to
the prison with some clothes and cash? An altogether reasonable request? Neither the criminal
authorities nor the Minnesota Supreme Court in the lawyer discipline proceeding agreed with the
lawyer's decision to assist in that request.Ftn 5
There is a final ethical issue for Love to consider. Mark was only II years old. Love was
acting in everything but name as Mark's guardian as well as his lawyer, as his mother was busy
elsewhere. Mark was entitled to legal representation. But should Love have helped carry out her
client's wishes (to assist him in his plan to go dig up the body), or wbat she felt was in his best
interest? What if the answers to those questions weren't the same? These are questions that a
lawyer representing a client with a disability (in this case, a minor) must address under Rule 1.14,
MRPC.
Luckily for attorney and client, the frantic race to New Orleans works out a la Hollywood
endings. Indeed, as the movie wraps up it's even pretty clear that, in return for the tape recording
implicating the prosecutors, Love will not be charged with any crimes for assisting in Mark's
escape. She might, however, have other professional problems with which to contend ... unless
the lawyer discipline proceeding footage is lying on the cutting room floor.
Mimi Grimwood, Biography of Matters Relating to Law and the Popular Media
(2004)(abridged)(Internet Web Site:
http://lawlibrary.ucdavis.edu/Lawlib/Nov04/0013.html)
The numbers in parentheses on the list below denote approximately how many
recommendations the movie got. Here are some of the other recommendations and comments:
Absense of Malice - Sally Field, Paul Newman - also I" amendment issues
Philadelphia
They Won't Forget - Leo Frank murder case; being shown on Turner Classics this Thursday or
Friday - courtroom drama about ambitious prosecutor who manipulates public bigotry for
political ends.
My Cousin Vinnie· rates high on humor - someone said a judge used it in a class for court
employees on ethics and said it was hilarious; preparation for court; veracity required of officers
Page 3 of 54
of the court, working knowledge of local rules and problems arising from hostile expert
witnesses to whom the lawyer happens to be engaged
To Kill a Mockingbird Class Action environmental issues; chemical waste dump - R. C. Ramo has met the attorney
involved in this one; Gene Hackman - corporate lawyers hide evidence to cover up deadly fault
in car model
A Civil Action - John Travolta - I really liked the plot here As I recall, Robert Altman is the
lawyer with the big firm in Boston accused of dumping hazardous waste illegally in the Boston
area. Travolta is the lawyer for the plaintiffs, on a contingent fee. He drives the plaintiffs firm
bankrupt spending money illegally, while Altman connives with the Grace witnesses to lie about
the dumping. Travolta loses the case, and splits with the firm and ends up living in a crummy
apartment. Acting on an anonymous tip, the USEPA investigates proof of the dumping and
brings its own civil enforcement case and does justice to Grace and Robert Altman.
And Justice for All - Al Pacino - attorney realizes his client is guilty of murder -One of the
truly great scenes when Pacino shouts, "I'm out of order? You're out of order! The whole
court's out of order.
Suspect - For an issue involving jury / attorney interaction - with Cher & Dennis Quaid
To Live and Die in L.A. -I've always enjoyed this scene in To Live and Die in L.A. (William
Friedkin dir., 1985):
Secret Service agent Jolm Vukovich (John Pankow) meets lawyer Bob Grimes (Dean Stockwell)
in a bar.
Grimes: I don't have a lot of time. I'm in the middle of a trial.
Vukovich: What kind of trial?
Grimes: It's a dope case. A client got busted smuggling fifty pounds of cocaine. I should be able
to get him off, though. The search warrant's weak.
Vukovich: Weak?
Grimes: The color of the house is listed as brown on the warrant, when in fact it's beige and yellow.
Vukovich: You should be ashamed of yourself.
Grimes: I don't make any apologies for being an attomey. If I didn't accept the case, somebody
else would without a doubt.
Vukovich: Without a doubt.
Murder in the First Kevin Bacon, Christian Slater Gary Oldman - Murder in the First is a story
about one of the most infamous prisons in the world, Alcatraz, and a statement about the
American system ofjustice. The idea that criminals who commit horrific crimes should be locked
up and forgotten is appealing, but people who propound such ideas usually do not allow for error.
This movie, starring Christian Slater as a young lawyer, and Kevin Bacon as the innocent who
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survives the ravages of the justice system, serves as a reminder that power corrupts, and that no
justice system is perfect. The plot is based on a true story which apparently led to closing down
of the Alcatraz. Henri Young (Bacon) is charged with committing a federal crime when he steals
$5 to feed his younger sister from a store which doubled for a post office.
The Rainmaker - someone says it's full of ethics problems - The popular author Jolm Grisham
has made quite a successful career out of writing novels based on his experiences in the South as
a trial lawyer. The Rainmaker is the sixth of his works to graduate to the silver screen and
follows The Firm, The Pelican Brief, The Client, A Time To Kill and Thc Chamber. The latter
two, both released last year, suffered from heavy-handed directing, inconsistent acting from stars
like Matthew McConaughey and Chris O'Donnell, and an overly dramatic emphasis on racism.
Going into The Rainmaker, however, I soon forgot that I was even watching a Grisham story.
In The Rainmaker, director Francis Ford Coppola has managed to create a back-room atmosphere
populated by convincing characters bent on corrupting the professions of law and insurance. The
story, set in Memphis, begins with a young law school graduate named Rudy Baylor (Matt
Damon) who can't land ajob. Rudy eventually finds employment doing "grunt work" for the
sleaziest ambulance-chaser in town, Bruiser Stone (Mickey Rourke), a man with connections to
the corrupt Memphis underworld and a fish tank full of sharks.
A self-styled "paralawyer" named Deck Shifflet (Danny DeVito), who failed the bar exam five
times, takes young Rudy under his wing and shows him the ropes. Rudy can't believe how far
these guys will go to secure a client and make a buck. What's wrong with ethics? "Well,
,nothing, I guess," responds Shifflet.
The Firm Primal Fear - Richard Gere and Edward Norton - ethical issues abound as to discovery, witness
preparation, appropriate trial tactics, relationships with opposing counsel, using media
From the Hip - One I don't think anyone has mentioned is From the Hip, a late 80's movie
starring Judd Nelson. Not a great film, but as far as ethical issues go, there are some good ones
dealing with courttoom behavior and representation of a criminal defendant in a murder trial. The
climactic courtroom scene, and its after effects are especially applicable. It is about a young,
cocky lawyer working in an old established firm. He takes a client (against the senior partner's
wishes) and defends him when he stands trial for murdering his wife. When the attorney realizes
2/3 of the way through the movie that the guy did do it and was about to get off scott free due to
the talents of his attorney (It was a particularly gruesome murder as I remember) the client issued
him a thinly veiled threat that the same thing could happen to him if the trial didn't go well. The
ethical problem was how to continue as his attorney and legitimately lose the case for his client
without being accused of profcssional ethics violation.
Runaway Jury
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A Few Good Men
Sleepers
Fried Green Tomatoes - murder trial scene pretty funny. Rev. Scroggins swears on a copy of
Moby Dick (saying that he brought his own copy of the Bible) and then perjures himself to save
Idgie and George. Meanwhile, the jude has his ownr eason for wanting to dismiss the case since
the murdered mao was the one who impregnated the judge's daughter and left her on the
outskirts of town to raise the child on her own. The cross examination ofIdgie is pretty funny too'
A Time to Kill
JFK
Legal Eagles
Midnight in the Garden of Good and Evil
Inherit the Wind
Amistad
Chicago - unethical trial practices for getting Roxy Hart off - testimony about diary where
Richard Gere admits to planting diary where prosecutor could find it and having it filled with
things Roxy didn't write - based on old movie called Roxy Hart with Ginger Rogers
12 Angry Men
Star Trek - the Next Generation, Episode I - If you want ethics and an over-the-top
performance by a "judge", this is a good one.
Wituess for the Prosecutiou- is the best! - Marlene Dietrich - when stars were truly stars!
Adam's Rib - Spencer Tracy and Katharine Hepburn - prosecutor and defense attorney; deals
with how far defense attorneys will go.
Music Box (The Magic Box?) - Music Box is a great choice.. ,it had witness intimidation and
the classic final scene. My relatives tell me that Jessica Lange's Hungarian is not great but not too
many people would know that.
Jagged Edge
Reversal of Fortune
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The Young Philadelphians
Knock on Any Door
People v. Larry Flynt -My favorite: The end courtroom scene in with Woody Harrelson and
Edward Norton as his Lawyer. Larry takes his case to the US Supreme Court to argue that the
right to criticize government officials or government policy is absolute regardless of the source
(Hustler Magazine being the most extreme example). The ethical issue being that if this freedom
can't protect the speech of something that many find offensive, where do we draw the line on
what you can and can't say? The dialog is taken directly from the transcripts.
Our messenger suggests clips from Ally McBeal. One of our attorneys said they showed
Anatomy of a Murder in her ethics class last year.
And a Texas librarian sent me this: The 2003 New Mexico Professionalism video "Still in the
Dark: Disappointing Images in Professionalism" discusses ethical issues of the way attorneys
have been portrayed in movies." They may have all been mentioned by now. This is in the course
description: The 2003 Professionalism Course will be an interactive program and will utilize film
clips, mixed with audience participation to discuss the Creed of Professionalism in an
entertaining and educational way. The perceptions of Hollywood, and the public, with regard to
lawyers, will be addressed with a non-threatening, entertaining and educational approach to the
Creed and its importance to the everyday practice oflaw.
Gideon's Trumpet 1980) (TV) True story of Clarence Gideon's fight to be appointed counsel at
the expense of the state. This landmark case led to the Supreme Court's decision which extended
this right to all criminal defendants.
Web sites:
Southwestern University has a huge list of movies involving law and trials.
http://www.swlaw.edu/library/webpac/videos.htmL
http://www.law.stetson.edu/lawlib/movies/
(this link can be troublesome, sometimes you have to type in the URL)
UCLA Law professors Paul Bergman and Michael Asimow have written a very
entertaining/enlightening book called "Reel Justice: The Courtroom Goes to the Movies." See
http://www.law.ucla.edu/faculty/bios/asimowlbook!
http://www.court.state.ne.us/students/movies.htm ("Twelve Best Trial Movies).
For a really comprehensive look at this topic, visit the UT Law Library's Law in Popular Culture
site: http://tarlton.law.utexas.edu/lpop/index.html
Page 7 of 54
Paul J. Mastrangelo
Lawyers and the Law: A Filmography, Legal Reference Services Quarterly, Winter 1983 (v. 3
noA), at 31-72.
Lawyers and the Law: A Filmography II, Legal Reference Services Quarterly,
Winter 1985/86 (v.5 noA), at 5-42.
Lawyers and the Law: A Television Filmography, Legal Reference Services
Quarterly, v. 8, nos. 3/4 1988, at 135-78.
Patrie M. Verrone, The 12 Best Trial Movies, ABA Journal, Nov. 1989, at 96(4).
Roger C. Cramton, Audiovisual Materials on Professional responsibility, prepared with the
support and sponsorship of the Committee on Lawyer Independence and Professional
Responsibility of the Section of Tort and Insurance Practice of the American Bar Association,
includes descriptions of about 70 films, as well as other video materials used by Professional
Responsibility professors.
Picturing Justice: The On-Line Journal of Law & Popular Culture, http://www.usfca.edu/pj/,
carries essays looking at film and television's treatment of legal issues. The archives include
dozens of articles on movies ("silver screen") and TV ("small screen").
Law review symposia include:
1. Law and Popular Culture, UCLA Law Review, vA8 no.6, Aug. 2001.
2. Civil Litigation and Popular Culture, Sixth Annual Clifford Symposium on Tort Law
and Social Policy, DePaul Law Review, v.50 no.2, Winter 2000.
3. Law and Popular Culture, The Legal Studies Forum, v.22 no.I-3, Winter-Summer
1998.
4. A Symposium on Film and the Law, Oklahoma City University Law Review, v.22
no.l, Spring 1997.
5. Picturing Justice; Images of Law and Lawyers in the Visual Media, University of San
Francisco Law Review, v.30 noA, Summer 1996.
6. Popular Legal Culture, Yale Law Journal, v.98 no.8, June 1989.
7. Anthony Chase, Movies on Trial: The Legal System on the Silver Screen,
8. John Denvir, ed., Legal Reelism: Movies as Legal Texts,
Page 8 of 54
9. Paul Bergman & Michael Asimow, Reel Justice: The Courtroom Goes to the Movies
Law and Lawyering Movie Reviews
(http://www.movierevie.ws/genres/262/1/Law-Lawyers.html)
The following is a list of law and lawyering movie reviews, including materials dealing with
ethics and professional responsibility, available at the above referenced Internet site. I am
including a few of the review to illustrate what is available.
Adam's Rib (1950)
The Advocate (1993)
Afterburn (1992)
American Tragedy (2000)
Amistad (1997)
Anatomy of a Murder (1959)
And Justice for All (1979)
Earnest attorney Pacino questions the law and battles for justice in and out of the
courtroom. He's hired to defend a detested judge from a rape charge, while dealing with a lostsoul caseload of eccentric and tragedy-prone clients. Overly melodramatic, an odd mix of satire,
cynicism, and seemingly sincere drama that hits with a club when a stick will do. Jewison aims
for black surrealism, permitting both Pacino and Warden (as a judge losing his sanity) to veer
into histrionics, to the detriment of what is essentially a gripping behind-the-scenes story.
Excellent cast creates sparks, including Lahti in her film debut. And Baltimore never looked
lovelier.
Angel on My Shoulder (1980)
Assault at West Point: The Court-Martial of Johnson Whittaker (1994)
Before and After (1995)
Better Off Dead (1994)
Beyond a Reasonable Doubt (1956)
Beyond the Silhouette (1990)
Big Daddy (1999)
Bleak House (1985)
Blind Faith (1998)
Page 9 of 54
Blood Brothers (1974)
Body Chemistry 4: Full Exposure (1995)
Body Language (1995)
Boomerang (1947)
Brain Donors (1992)
Bringing Down the House (2003)
Brothers in Law (1957)
Brother's Keeper (1992)
The Candidate (1972)
Cape Fear (1961)
Cape Fear (1991)
Carlito's Way (1993)
A Case for Murder (1993)
A Case of Libel (1983)
Cause of Death (2000)
A Certain Justice (1999)
The Chamber (1996)
Changing Lanes (2002)
Character (1997)
Chase (1985)
Cherish (2002)
Chicago (2002)
Circonstances Attenuantes (1936)
Citizen Cohn (1992)
A Civil Action (1998)
Low-key courtroom thriller doesn't contain many thrills. Travolta is Jan Schlichtmann, a
flashy lawyer who freely admits that he's an ambulance chasing weasel. When a grieving mother
(Quinlan) approaches him with a case accusing two corporate conglomerates of causing an
outbreak of leukemia among children, Jan smells a big payoff. As the case drags on (and his firm
falls deeper into debt pursuing it), his perspective changes and he begins to seek justice for the
lost children. Robert Duvall steals the show as the homespun Harvard lawyer representing one of
the companies. Based on a true story.
Page 10 of 54
Class Action (1991)
The Client (1994)
Color of Justice (1997)
Compulsion (1959)
The Confession (1998)
Confusion of Genders (2000)
The Conqueror Worm (1968)
Conspiracy Theory (1997)
Convicted (2004)
Cop-Out (1967)
The Coroner (1998)
Counsellor-at-Law (1933)
Criminal Law (1989)
Critical Care (1997)
Dark Justice (1991)
Dawg (2002)
Death and the Maiden (1994)
Death Benefit (1996)
Death ofa Soldier (1985)
Defenders ofthe Law (1931)
The Defenders: Payback (1997)
The Defenders: Taking the First (1998)
Degree of Guilt (1995)
Deliberate Intent (200 I)
Destination Vegas (1995)
The Devil's Advocate (1997)
Page II of 54
Dirty Mary Crazy Larry (1974)
Disorganized Crime (1989)
The Divorce of Lady X (1938)
Dr. Dolittle 2 (2001)
Down the Drain (1989)
Dragons Forever (1988)
Ebbtide (1994)
Enemy of the State (1998)
The Enforcer (1951)
Erin Brockovich (2000)
Evelyn (2002)
Evelyn Prentice (1934)
The Exorcism of Emily Rose (2005)
Eye Witness (1949)
Fair Game (1995)
False Witness (1989)
Father's Day (1996)
Fear and Loathing in Las Vegas (1998)
Female Perversions (1996)
Fever (1991)
A Few Good Men (1992)
Final Appeal (1993)
Final Justice (1998)
Final Verdict (1991)
Find Me Guilty (2006)
The Firm (1993)
First Monday in October (1981)
The Fixer (1997)
For Roseanna (1996)
Forbidden Sins (1999)
Page 12 of 54
Force of Evil (1949)
The Franchise Affair (1952)
Frank McKlusky, C.L (2002)
A Free Soul (1931)
From the Hip (1986)
Genealogies of a Crime ( 1997)
Georgia (1987)
Getting Gotti (1994)
The Ghost of Spoon River (2000)
Ghosts of Mississippi (1996)
Gideon's Trumpet (1980)
The Glass Shield (1995)
The Good Fight (1992)
The Great American Sex Scandal (1994)
The Guilty (1999)
Guilty as Sin (1993)
Guilty Conscience (1985)
The Hard Word (2002)
Having Wonderful Crime (1945)
Heaven Is a Playground (1991)
High Crimes (2002)
Honor Thy Father and Mother: The True Story of the Menendez Brothers (1994)
I Am Sam (2001)
I Am the Law (1938)
The Ice Harvest (2005)
Illegal (1955)
Illegal Affairs (1996)
I'm No Angel (1933)
In Pursuit (2000)
In the Name of the Father (1993)
Page 13 of 54
The Incident (I989)
Inherit the Wind (1999)
Intolerable Cruelty (2003)
The Island of Dr. Moreau (1996)
It Runs in the Family (2003)
It's the Rage (1999)
JAG (I 995)
The Jagged Edge (1985)
John Grisham's The Rainmaker (I 997)
The Judge (1949)
Judge Dredd (I995)
Judge Priest (1934)
Judicial Consent (1994)
The Juror (1996)
Jury Duty (I 995)
Just Cause (1994)
The Killing Yard (200 I)
King and Country (I 964)
L.A. Law (I986)
Lansdown (2001)
Last Dance (1996)
The Last Innocent Man (1987)
Laws of Attraction (2004)
Laws of Deception (I 997)
Legal Deceit (I995)
Legal Eagles (I986)
Legalese (I 998)
Legally Blonde (2001)
Legally Blonde 2: Red, White & Blonde (2003)
Legend of Billie Jean (I985)
Page 14 of 54
Let Freedom Ring (1939)
Let's Kill All the Lawyers (1993)
Liar Liar (1997)
Life & Times of Judge Roy Bean (1972)
Losing Isaiah (1994)
Love Among the Ruins (1975)
Love Crimes (1992)
Love Letters (1999)
Love Stinks (1999)
Loved (1997)
Lucky Seven (2003)
Luminarias (1999)
Madame X (1966)
The Magnificent Yankee (1950)
Man from Colorado (1949)
Man of the House (1995)
The Man Who Shot Liberty Valance (1962)
Manhattan Melodrama (1934)
Marked Woman (1937)
Marriage on the Rocks (1965)
Matter of Trust (1998)
Melanie Darrow (1997)
The Merchant ofVenicc (2004)
Minbo--Or the Gentle Art of Japanese Extortion (1992)
Misbehaving Husbands (1941)
Mr. & Mrs. Loving (1996)
Moonlight Mile (2002)
Move Over, Darling (1963)
Murder in the First (1995)
A Murder of Crows (1999)
Page 15 of 54
My Cousin Vinny (1992)
Vinny Gambini (Pesci), a lawyer who took the bar exam six times before passing, goes to
Wahzoo City, Alabama to get his cousin and a friend off the hook when they're accused of killing
a store clerk. Leather jackets, gold chains, Brooklyn accents, and his fiancee Tomei's penchant
for big hair and bold clothing don't go over well with conservative judge Gwynne, causing plenty
of misunderstandings. Surprising hit with simplistic story reaches popular heights via
entertaining performances by the entire cast. Tomei in particular steals every scene she's in and
has an Oscar to prove it.
The Narrow Margin (1952)
Night and the City (1992)
Night Falls on Manhattan (1996)
Nixon (1995)
North (1994)
North Country (2005)
Nuremberg (2000)
One Night at McCool's (200 I)
Ordeal by Innocence (1984)
Original Intent (1991)
Our Mutual Friend (1998)
The Paper Chase (1973)
Party Girl (1958)
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The People vs. Larry Flynt (1996)
Perfect Witness (1989)
Perry Mason Returns (1985)
Philadelphia (1993)
Physical Evidence (1989)
Picture Windows (1995)
Pinocchio's Revenge (1996)
Plain Dirty (2004)
Poor White Trash (2000)
Page 16 of 54
Portraits of a Killer (1995)
Power of Attorney (1994)
Presumed Innocent (1990)
Primal Fcar (1996)
Promised a Miracle (1988)
Psychopath (1997)
Red Comer (1997)
Reet, Petite and Gone (1947)
Regarding Henry ( 1991)
Restraining Order (1999)
Return to Paradise (1998)
R.LC.C.O. (2002)
Road Agent (1926)
Rounders (1998)
Roxie Hart (1942)
Runaway Father (1991)
Runaway Jury (2003)
Rustler's Valley (1937)
Scandal (1950)
Scott Turow's The Burden of Proof (1992)
The Sea Inside (2004)
Shadow of Doubt (1998)
The Shaggy Dog (2006)
Shakedown (1988)
Shall We Dance? (2004)
Sharon's Secret (1995)
Shoot to Kill (1947)
A Simple Twist of Fate (1994)
The Skeleton Key (2005)
Sleepers (1996)
Page 17 of 54
The Sleepy Time Gal (200 I)
Slightly Honorable (1940)
The Star Chamber (1983)
State's Attorney (1931)
Stephen King's Thinner (1996)
A Stranger in the Kingdom (1998)
Street Law (1995)
The Summer of Ben Tyler (1996)
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The Sweet Hereafter (1996)
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A Time to Kill (1996)
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Too Young to Die (1990)
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The Trial (1993)
Trial & Error (1962)
Trial and Error (1992)
Trial and Error (1996)
Trial by Jury (1994)
The Trial of Old Drum (2000)
Trois Couleurs: Rouge (1994)
True Believer (1989)
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Truth or Die (1986)
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Twelve Angry Men (1997)
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The Verdict (1982)
Victim (1961)
Page 18 of 54
Web of Deceit (1990)
Where the Truth Lies (1999)
Whitewash: The Clarcnce Brandley Story (2002)
Wild Things (1998)
The Winslow Boy (1948)
The Winslow Boy (1998)
The Wistful Widow of Wagon Gap (1947)
Woman of Desire (1993)
The World's Oldest Living Bridesmaid (1992)
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The Trial Lawyer's Choice, Larry J. Cohen, Esq.
It's not hard to do the right thing. It's easy actually. It's simply a matter of choosing to
do what you know in your gut is the right thing to do.
We fool ourselves into thinking that we do not know what is right. We know. Like
whether to withhold obscure, but only possibly discoverable documents we find for the first time
during trial preparation, file evidentiary motions or responses at 5:00 on the Friday afternoon
before the first day of trial, prepare a witness to avoid straightforward answers to a crossexamination questions we anticipate, position the client to make eye contact possible with jurors
as they walk in and out of court, or make probably objectionable comments during opening
statement and closing argument, or while examining a witness, just so the jury will get the point.
We tell ourselves that these and so many other similar situations we routinely face as trial
lawyers are ambiguous. We use this ambiguity to set us free to do what we know deep down
inside is wrong, but convince ourselves is justifiable because it supposedly fulfills our obligation
to zealously represent the client.
We lawyers are very good at creating ambiguity. Indeed, we thrive as a profession on
ambiguity. It is because of ambiguity, and uncertainty, that people corne to us in the first place
for help with their problems. Then we foster still further ambiguity, or at least the appearance of
ambiguity, to make room for our arguments about how those problems should be resolved.
Doing the right thing does not mean giving up our obligation to be zealous trial lawyers.
It means only that we play fair; that we abide by the letter and the spirit of the rules and the law.
You will know it is time to make one of these choices by paying attention to your own
feelings. The mere fact that you feel some uncertainty about what you are doing will tell you that
Page 19 of 54
you are at one of those crossroads. That twinge of discomfort, that feeling of doubt, that
hesitation in telling anyone else what you are thinking about doing, will point you in the right
direction.
If you need a standard consider this: if you were on the receiving end what would you
"want" the other trial lawyer to do. It is important to use the word "want" when you apply this
standard, rather than the word "expect." Sadly, we have come to think as little of each other as
do the people who tell and who laugh at those cruel lawyer jokes.
Those who fear their trial adversaries will gain some advantage by making the other or
wrong choice must trust in their thorough preparation and in their ability to apply their skills as
best they can to persuade the trier of fact of the merits of their case. They must believe that more
often than not the trier of fact will reach a fair decision on the merits. If this is not enough, they
must at least take comfort in knowing how they will feel when they look in the mirror each day.
We create and recreate ourselves, just as we do our profession, moment by moment and day by
day.
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