Books, Movies, and Lawyers Who Risk Becoming Heroes

 I want to thank Dean O’Hear for inviting me to serve as the second alumni blogger of the month.

 

The question of the month asks for a favorite movie or a novel about law practice. Claiming the right established by Professor Murray to tweak the question, I want to mention a movie from the 1960’s and a biography published in 2008.

The movie is A Man for All Seasons. It is based on the play by Robert Bolt. The movie won several academy awards, including best picture. It focuses on a critical point in the life of Sir Thomas More.

The book is Crossing Hitler, by Benjamin Carter Hett. It is published by Oxford University Press. The book’s subject is Hans Litten. Less well known than Thomas More, Litten practiced law in Germany during the last years of the Weimer Republic. 

Thomas More was a pillar of the 16th Century English society in which he lived. Hans Litten was an anti-establishment figure in pre-World War II Germany. Both are complex men, and both risked becoming heroes at least in part by being lawyers in societies undergoing transformational change.

More’s England is in the throes of theological and social upheaval influenced by a technological revolution brought about by the printing press. More must decide whether to support a king and government who in the name of reform seek to overthrow the old order, and who suppress or ignore rights grounded in the common law or the Magna Carta. More’s decision costs him his standing in society, his property, and eventually his life.

Litton’s Germany is attempting to create a democracy amid the ruins of a society prostrated by war and a punitive peace. Litten uses Germany’s legal procedures to expose what he believes are the excesses of the Weimer government, and the fallacy of the Nazi party’s attempt to portray itself as a peaceful, democratic party. He subpoenaes and cross-examines Adolf Hitler concerning the Nazi Party’s activities at a critical point in the party’s rise to power in Germany. This and other actions cost Litten his practice, his freedom, and eventually his life.

Recent technological and communications revolutions are reshaping our institutions. Today’s lawyers practice law in the midst of this transformation.  The stories of Thomas More and Hans Litten show us that we are not the first lawyers to practice law in such times. Whether we want to or not, lawyers have a role to play in the reshaping of institutions during times of change. In extreme cases, that role may require that lawyers risk becoming heroes.

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Favorite Law Movies: Witness for the Prosecution–An Oldie But a Goodie!

This 1957 courtroom drama is based on a short story, and later a play, by Agatha Christie.  It involves the seasoned barrister and curmudgeon Sir Wilfred Robarts, masterfully played by Charles Laughton.  He takes on the murder defense of Leonard Vole (Tyrone Power).  Robarts’ private nurse (Elsa Lancaster) objects, constantly reminding the barrister of his doctor’s advice to stay away from criminal cases due to ill health. Vole is accused of the murder of a wealthy older woman Mrs. French (Norma Varden) who appeared to have fallen in love with him and changed her will to give Vole the bulk of her large estate.  Circumstantial evidence strongly points to Vole’s involvement.

Vole claims his defense is based on the fact that his wife, Christine (Marlene Dietrich), will testify that he arrived home the evening of the murder long before it occurred.  Robarts, of course, counsels Vole that the testimony of a wife in such a situation will be suspect.  Robarts’ first meeting with Christine leaves him concerned with her demeanor and sincerity.

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Sports and Politics

Tonight college football fans will be watching the on-field competition in the Bowl Champion Series game between Florida and Oklahoma, which will determine the BCS “national champion.”  But some politicians, in addition to President-elect Barack Obama, are as interested in off-field issues such as how the participating teams in this game are determined and how this game is described.

Utah Attorney General Mark Shurtleff claims the BCS system unfairly prevents universities from non-BCS conferences (e.g., the undefeated Utah Utes) from participating in the BCS championship game, which places these schools at a competitive and financial disadvantage in violation of the federal antitrust laws.  Two Texas Republican congressmen, Joe Barton and Michael McCaul, along with Illinois Democrat congressman Bobby Rush, have introduced federal legislation that would “prohibit the marketing, promotion, and advertising of a postseason game as a ‘national championship’ football game, unless it is the result of a playoff system.”  Their proposed bill would make any non-compliant football championship game “an unfair or deceptive act or practice” that violates the Federal Trade Commission Act.  The Utah attorney general’s antitrust investigation and proposed federal legislation both seek to have the major college football championship determined by a playoff system rather than a complex formula based on subjective human polls and computer rankings that determine the #1 and #2 ranked teams at the end of the regular season.

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