BarTalk December 2021 | Criminal Law

Page 31

nothingofficial TONY WILSON, QC

“I’m Not a Miracle Worker, I’m a Janitor” Why Michael Clayton is still the best lawyer movie

W

hen my son was doing his economics degree a decade ago at UVic, he regularly badgered me to watch the latest “lawyer movie” he’d just seen. It was Ridley Scott’s “The Counsellor.” The film chronicles a lawyer mixed up with Mexican drug lords, and involves deceit, money, murder, sex, and decapitations. After watching it, I told him it was a dark, dangerous, and gory film, but at times, philosophical and cerebral. Always the jokester, he said the whole thing was a big practical joke on me, and that it was the worst movie he’d ever seen. Not liking my puns, he said I wasn’t allowed to describe a movie as “cerebral” anymore, especially if it had decapitations. That begs the question. Are there any good lawyer movies out there? Obviously, everyone has their favourite. 1997s “The Devil’s Advocate” lost me when it became clear that Al Pacino was The Devil. I learned from Tom Cruise’s 1993 “The Firm” that it’s mail fraud if you premium an account! (Who knew?) Having taught ethics at a law school since 2015, “The Paper Chase” is one of my all-time favourites. “Legally Blonde” is another “Law School” movie but it’s as authentic as “Spaceballs.” I liked Aaron Sorkin’s film about the Chicago 7 (particularly Sacha Baron Cohen’s courtroom scenes). I never liked 1979s Kramer versus Kramer because, at the time, my parents were going through a divorce. “Anatomy of a Murder” is a classic,

especially when Jimmy Stewart provides four defences to murder and asks the defendant which category he falls into. But my favourite is still Tony Gilroy’s “Michael Clayton,” where George Clooney plays a Manhattan lawyer who does more “fixing” than “lawyering” while struggling with a bad business investment, a gambling problem, a divorce, a young son, a firm merger, three horses who save his sanity (and his life), and a partner at the firm who, in the process of a mental breakdown, realizes that he and his law firm are defending evil. Here, evil isn’t a Bond villain or Osama Bin Laden. Here, it is an agri-business client whose weedkiller is also killing farmers, whose CEO is trying to cover it up, and whose obsequious in-house lawyer (Tilda Swinton) will do anything (including murder) to put her client’s darkest interests ahead of her own ethical duties. It has some of the best lines in lawyer movies. Clooney’s character tells an obnoxious client who committed a hit-and-run and expects him to perform a miracle: “There’s no play here. There’s no angle. I’m not a miracle worker, I’m a janitor.” After a failed attempt on his life orchestrated by Swinton’s ethically challenged corporate counsel, he says: “I’m not the guy you kill. I’m the guy you buy.” When he tells his boss

that their firm is on the wrong side of the herbicide-kills-farmers file, Sydney Pollock, (as the managing partner), admits the client’s liability and says: “This is news? The case reeked from Day One. I’ve got to tell you how we pay the rent here?” In other words, it was in client’s interest as much as the firm’s to delay and obfuscate; churning the fees while the plaintiffs eventually gave up or died. The movie has become such a classic that James Parker of The Atlantic re-reviewed it 10 years after its release and mentioned another character lurking in the foreground: “Evil.” Comparing the movie with The Devil’s Advocate, he says: “there’s no lively, twinkling Satan/Pacino in Michael Clayton, no CIA master villain. Evil is not an active principle in this universe; it is a sluggish compound of evasion, appetite, and self-interest. It gathers around your ankles.” In real life, Evil isn’t as camp and obvious as the Devil or a Bond villain. But when you think evasion, appetite, and self-interest are starting to gather around your ankles, you should probably watch Michael Clayton again. Tony Wilson, QC is a Life Bencher of the Law Society, a Vancouver Franchise Lawyer, humourist, self-professed thought leader and all-around raconteur. Consequently, the views expressed herein are his alone and do not reflect the opinions of the Law Society, the CBABC, or their respective members. DECEMBER 2021 / BARTALK 31


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Articles inside

Annual Report and CLBC’s 30th Location

2min
page 33

BarMoves

3min
pages 34-36

I’m Not a Miracle Worker. I’m a Janitor

3min
page 31

So what technologies are out there for a criminal lawyer to run their practices?

2min
page 29

Tackling Racial Disparities in Legal Education

3min
page 24

Commercial Crime

3min
page 25

Cannabis in Canada

6min
pages 22-23

Calls to Decriminalize Simple Drug Possession Expand as Overdose Epidemic Worsens

3min
page 21

The Secret to Getting Engaged

3min
page 20

Professional Development

1min
page 19

Gladue Principles and Indigenous Identity

3min
page 14

Making Settlement Conferences Work for Unrepresented Litigants

3min
page 18

Elder Abuse and Neglect

3min
page 17

Indigenous Children, Youth, and Family Identity

2min
pages 15-16

Failure to Obey Court Orders

3min
page 13

Advocacy in Action

2min
page 9

Learning to Unlearn

3min
page 5

Transformative Justice and Gender-Based Violence

3min
page 8

Working With Your Regulator While Police Watch

3min
page 7

Having the Difficult Conversations

3min
page 4

One Size Does Not Fit All

3min
page 12

Defending White-Collar Crime Cases

3min
pages 10-11

Imprisonment, Truth, and Reconciliation

3min
page 6
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