Jacob Jones ‘23
Features Editor
After spending almost two and a half years in law school, I know almost as much as someone who practices in a state with diploma privilege.[1] While that does not give me the ability to practice law, it does give me the insight to criticize the decisions of movie characters and their lawyers. And what else is there to do these days other than watch movies? After watching the trailer for Double Jeopardy in class and concluding that the protagonist can’t actually get away with murder,[2] I decided to write about movies with flimsy legal premises.
The Firm is a 1993 film, starring Tom Cruise, where all is not as it appears to be.[3] Based on a John Grisham novel of the same name,[4] the film’s plot centers around a Harvard Law graduate, Tom Cruise,[5] who graduated near the top of his class and chose to work at a boutique firm in Memphis, Tennessee (this is not the flimsy premise). Famous for the line “No associate of this firm has ever failed the bar,” the movie’s plot centers around the fact that the super-niche firm actually represents the mob and is being used for things like money laundering. What’s the flimsy legal premise? That Tom Cruise can’t leave the firm without being disbarred because he would violate attorney-client privilege. Tom Cruise is so concerned about this that he decides he has to find a whole separate crime that the lawyers of his firm have committed: overbilling!
Pictured: Tom Cruise may have failed the bar, but he did not fail at rocking his role in The Firm. Photo Courtesy of letterboxd.com.
Although I’m a pretty big fan of going after lawyers, this is entirely unnecessary. The reason? As any law student learns in professional responsibility, you can reveal information if your client uses your legal services to accomplish a crime. Tennessee legal ethics Rule 1.6 is clear about this: “A lawyer may reveal information relating to the representation of a client . . . to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a fraud in furtherance of which the client has used the lawyer's services.”[6] But without this unnecessary legal hurdle, there would be no reason for Wilford Brimley to chase Tom Cruise around the landmarks of Memphis. So I forgive you, John Grisham.
Next, we turn to Marriage Story, a 2019 film where Kylo Ren (played by Adam Driver) divorces Black Widow (played by Scarlett Johansson). In addition to having an exciting scene featuring service of process (thanks, Pennoyer v. Neff!), this film accurately depicts lawyers as the bad guys. But most importantly, Marriage Story incorrectly represents legal ethics rules.[7] In one scene, Kylo Ren goes to a bunch of lawyers around town because he needs one for his divorce. But they all turn him down because Black Widow has already gone to the good divorce lawyers around town, told them her story, all in an attempt to disqualify them. And it works! So poor Kylo Ren gets stuck with the bad attorney from M*A*S*H.
But again, Hollywood gets it wrong! Maybe they didn’t read the comments to California legal ethics Rule 1.18.[8] Under comment 2, “a person . . . who communicates information to a lawyer without a good faith intention to seek legal advice or representation, is not a prospective client.” Of course, there is the in terrorem effect that potential sanctions could have. But I’m pretty sure Black Widow abusing the system is pretty clear here.
So there you have it. Consider me the Mythbusters of legal issues in movies.
---
jmj3vq@virginia.edu
[1] You do you, Wisconsin.
[2] Spoiler alert: It’s a terrible movie.
[3] Is it ever as it appears to be at first?
[4] In case Mr. Grisham actually reads this (doubtful), I do not mean to offend. But at the same time, where’d you get your law degree, Grisham, Mississippi?
[5] Played by Tom Cruise
[6] [bluebook citation omitted].
[7] Can you tell I’ve been studying for the MPRE based on the issues I’m spotting?
[8] Bluebook citation omitted again.