Call Saul: Art that mirrors Law.

[the_sn0wygoose]

QUESTION: Is the AMC television series, "Better call Saul", a parody of law or close to reality of how lawyers’ practice and Law Firm’s operate?

ANSWER:  Close to the reality.  Very, very close.

 When a lawyer friend suggested I watch this series, I though their sanity was in question; yes, the fact they had relapsed into alcoholism might call her sanity into question, but the assessment of the series was a rare insight.  I hate watching law shows for the over simplistic, over villainizing and outright inaccuracies they cram into 40 minutes.  But the saga of “Slippin’ Jimmy” James McGill is one I have seen through the lens of being in business and field of Law and find some very startling comparisons.

 
Salon Law-

The series starts with protagonist James McGill office_ing in the closet of a Beauty Salon.  Complete with a paper sign proclaiming his office.  The view is left to believe  that, a) this is campy; and, b) doesn't really happen.  Believe it or not, it happens.  I’ve seen UPS stores, spare space in mini-storage units and back rooms so dilapidated it frightening.  Some proclaim their offices as though they are shinning offices with marble, when in fact they are the spare bed-room of a rundown apartment complex.  We have so many attorney’s practicing law, that even beautician shops are prime leasing for attorneys.  As for attorney’s, where are they all coming from?

 

The University of American Samoa School of Law-

The series uses the premise that James McGill strapped his way up while working the mailroom of a large Law Firm through enrolling in and graduating from the University of American Samoa School of Law, a ‘distance learning’ institution, and the bias the large Law Firm has against James.  University of American Samoa School of Law is a made-up school, but the reality is there are lots of schools turning out J.D. graduates.  In fact, the advent of “for profit” institutions have sprung up and churned out hundreds of graduates is very well known.  But will they enter into an established Law Firm?  No.  Established Law Firms will have nothing to do with graduates from University of American Samoa School of Law or any ‘distance learning’ graduate no matter how capable or competent he or she is as an attorney.  Even if he is rising up from the mailroom.

 

Once in the mailroom, always in the mailroom –

James McGill has the ill fortune of being giving a wonderful staring job in the mailroom.  In the corporate world, raising from the mailroom to the C Suite is not only lauded, it has become an American mythos.  Not so in law.

Law Firms are in many areas, limited in their vision.  They don’t see young men and women rising up to better themselves, mentoring to become lawyers and ultimately succeeding.  No.  Once you are hired into a position, forever is that your destiny, despite all your skill and talent, you are still under the fate of the “Partners”.

 

“The Partners have decided…” –

There is a mystical quality when the phrase “The Partners” is used. The series accurately reflects that “The Partners” typically are one or two of the senior most Partners have decided, and the rest of the Partners agree.  This is a curious aspect of Law Firms, herd mentality among the partnership including baring anyone or anything that does not firmly agree with the senior most Partners.

One thing you may or not agree with, does the crazy antics of James McGill happen in real life.

 

Morally flexible –

People want to have some confidence that their Lawyer is not a shyster. I get that.  And yes, the show has some over-the-top examples.  But a few, like James signing up (or setting up to sign) clients, are not inaccurate.  I have seen several attorneys practicing law who exhibit a flexibility in their morals.  Bending the rules, omissions & embellishments and very questionable tactics I have witnessed multiple times- not abortions, not one-offs but continuously.  Especially within large firms, the money is far too tempting.  Sometimes, it's the only way these attorneys think they could win.  In each and every case, it was actions they justified because it was within (or not clearly specified) by the state bar association code of ethics.  Sol Linowitz warned of this behavior in 1999 with his book, “The Betrayed Profession:  Lawyering at the End of the Twentieth Century”, believed that a Lawyers action extended beyond the code of ethics, that a moral duty is imposed upon and must be upheld by each and every attorney.    

 I cannot wait to continue watching season two, just to find more examples.      

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[the_sn0wygoose]

UPDATE: Season 3 is slow and character development, but still good.