Differences Between Real Life Law Practice and What You See on Screen
Movies and television shows have long been a source of inspiration and entertainment for many, often portraying the legal profession in a way that emphasizes the glamour and excitement of courtroom drama. However, the reality of being a trial lawyer is quite different from what is shown on screen. In this article, we explore the key differences between real-life law practice and the dramatic portrayals found in movies and television.
The Glamor of Courtroom Drama versus Reality
One of the most significant differences between the depiction of law in films and the reality is the focus on dramatic moments. In movies, lawyers often confront witnesses and get into heated arguments with opposing counsel, leading to a high level of tension and suspense. However, in real-life law practice, much of the work involves mundane but essential tasks such as writing motions, researching case law, and preparing for trial.
According to a study by the Oregon State Bar, trial lawyers spend a lot of time preparing for trials. A case is typically litigated for two years, and about 90% of them settle out of court. Trial itself is only exciting for about 1-2 days out of a two-week trial period. The most exciting parts of a civil trial are voir dire and cross-examination of the plaintiff, along with the closing argument. However, these moments are seldom depicted in movies and TV shows.
Boring Depositions and the Reality of Evidence Collection
Movies often simplify or omit the deposition phase, which can be quite tedious and uninteresting for audiences. Depositions are crucial for gathering evidence, but they are rarely shown in their entirety on screen. As a result, the new information that comes to light during trial in the movies is much more dramatic and complex than in real life. In reality, depositions are a necessary part of the process, but they are not as exciting as the dramatic moments that are panned for their entertainment value.
Additionally, the portrayal of lawyers as their own private investigators (PIs) is often exaggerated for the sake of plot development. In real life, while some legal practitioners might take on some investigative duties, they typically rely on the resources and expertise of professional investigators. The idea of a lawyer conducting their own investigation is more common in certain highly specialized cases, like in Erin Brockovich, where financial constraints may necessitate a more hands-on approach.
The Boring Truth of Writing Motions
Movies and TV shows frequently show lawyers engaging in intense and dramatic confrontations, but in reality, a significant portion of a lawyer's time is spent on writing. This includes drafting motions, preparing opening statements, and writing closing arguments. Writing motions alone can take hours and even days, requiring extensive research and analysis. The legal system is notoriously slow, and each step of the process must be meticulously documented and argued.
The reality is that most lawyers would prefer to go to court and leave the tedious writing for someone else. The preparation that goes into getting a case to trial, such as writing motions and conducting depositions, is often seen as less glamorous than the actual trial. These tasks are essential but are not typically featured in movies and TV shows.
Positives and Negatives of Legal Portrayals in Media
While the portrayal of law practice in movies and TV shows often highlights the exciting aspects, it can also have positive effects. By making law more appealing and understandable to the general public, these depictions can inspire young people to pursue law as a career. However, the exaggerated nature of these portrayals can also reduce public trust in the legal system and obscure the hard work and dedication required to be a successful lawyer.
There are some glaring misrepresentations of legal practice that occur all the time. In reality, cases do not proceed by lawyers arguing back and forth, interrupting, and speaking over one another. In actual courtrooms, there is a structured process where both sides have a chance to present their arguments. Furthermore, prosecutors and defense counsel are not always portrayed as automatically hostile to each other. In practice, lawyers must work together and collaborate on many issues, even when they are on opposite sides in a case.
Movies and TV shows often emphasize the dramatic confrontations and tense moments, which can create a false impression of what lawyers actually do on a day-to-day basis. While the occasional dramatic moment does occur in real life, it is generally much less frequent and less impactful. The reality of being a trial lawyer is a mix of hard work, preparation, and often, boredom.