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Lawyers with Alzheimer’s, Conflicts of Interest and Ethical Conundrums in The Good Wife

May 6, 2010

Tags: Alzheimer's, competence, confidentiality, conflict of interest, duty of zealous advocacy, former clients, impaired lawyer, legal writing, The Good Wife, writing tips

A recent plotline in The Good Wife bugged me so much that I did some research on the ethical conundrums it raised. When I got no satisfactory answer on my own, I did what every good writer should do – I called someone who knew what they were talking about. In this case, I used (or possibly misused) the Florida Bar’s Ethics Hotline. Most states have something similar, where lawyers can call up and get some advice when ethical issues arise. I confessed right away that I was calling about an ethical issue from a TV show, and was lucky enough to run into a lawyer on the hotline who happens to be a fan of The Good Wife. She knew exactly which two episodes I was talking about.

Confidentiality Within the Lawyer’s Firm

In the first episode that was bothering me, our heroine, a newbie lawyer, got drafted to represent a firm partner in a legal matter. In the midst of her representation, it came out that her client had Alzheimer’s. She now knows that a hotshot lawyer, a firm partner, is impaired, unable to represent clients competently, at least some of the time. Her supervisor is a different partner. The client/partner tells her that the existence of his disease is confidential, and she can’t tell anyone, even her boss. (more…)

The Good Wife’s Gaffe on Money Laundering

March 17, 2010

Tags: cash payments, criminal proceeds, money laudering, The Good Wife, writing tips

Anyone who reads this blog knows I enjoy the courtroom drama The Good Wife. I try not to be hypersensitive when they get things wrong because they do so well. But this week’s episode went off the rails a bit. In the story, a known drug dealer being pursued by the FBI for (more…)

The Good Wife Does Objections Right, Circumstantial Evidence Wrong

February 6, 2010

Tags: circumstantial evidence, eyewitness testimony, hostile witness, objections, The Good Wife, writing, writing tips

It doesn’t take much to give me a thrill when I’m watching a legal drama. Even the tiniest bit of law done right can make me happy. Yes, I’m probably easily amused. But when a screenwriter gets it right, I jump for joy because it’s so darned rare.

HOSTILE WITNESSES

When I was watching The Good Wife last week, the lawyer was examining a witness using leading questions. In general, leading questions are ones with yes or no answers. Opposing counsel objected to the leading questions. The lawyer conducting the examination responded that the witness was hostile and he was allowed to lead.

When the judge overruled the objection, I was happy beyond words. That tiny bit of correct procedure added to my viewing pleasure. Here’s what was going on that they got right.
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Selected Works

Nonfiction
The Writer’s Guide to the Courtroom: Let’s Quill All the Lawyers
Experienced lawyer giving novelists, screenwriters and journalists guidance on the civil justice system.

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