Daily Dicta: Sheltering in Place? Top Litigators Share Their Favorite

Daily Dicta: Sheltering in Place? Top Litigators Share Their

Favorite Legal Movie (Besides ‘To Kill a Mockingbird’)

As we hunker down and shelter in place, what legal movies are most beloved by top

litigators? A who's-who of the legal profession shares their picks--and why.

I have a confession. Until last week, I had never seen

“My Cousin Vinny.” I’d always meant to, but never quite

got around to it. One upside of sheltering in place is that

I finally had a chance to watch it with my family.

It lived up to the hype—even though my teenage

daughter’s first question was “Wait, why isn’t Mona Lisa

(Marisa Tomei) a lawyer?” It also got me thinking—what

legal movies are most beloved by top litigators?

I reached out to some of the best-known practitioners

in the business, as well as up-and-comers like Orrick

associate Easha Anand and asked them to share their

favorite legal movie and why—with the caveat that they

couldn’t pick “To Kill a Mockingbird” (too obvious).

It turns out, “My Cousin Vinny” got the most men-

tions, but these 22 litigators offered an intriguing range

of movies about the law that have influenced or inspired

or just plain entertained them.

Robert Giuffra, Jr, Sullivan & Cromwell: My favor-

ite legal movie is “My Cousin Vinny.” It’s a comedy, but

it realistically depicts a trial. Every budding trial lawyer

should watch Vinny Gambini cross-examine the pros-

ecution’s three eye-witnesses in the murder trial of his

two cousins. Vinny listens closely and then questions

the logic of each witness’s answers: “So, Mr. Tipton, how

could it take you five minutes to cook your grits, when

it takes the entire grit-eating world 20 minutes? Were

these magic grits?” He doesn’t bully the nearsighted old

lady as he skillfully shows that she couldn’t identify his

clients. And he lingers over his best points for effect. I

also love the image of the Italian guy from New York

trying a case in Alabama. Whenever my late partner

and mentor Vince DiBlasi and I would go into a hostile

court, we would joke, “It’s time to be my cousin Vinny.”

Dane Butswinkas, Williams & Connolly: “My Cousin

Vinny.” Every scene is funny, and it is just accurate

enough to prevent lawyers from feeling compelled to

pick apart every scene. To lighten the mood, I play it for

my trial teams in the days leading up to every trial. But

just FYI, plenty of self-respecting southerners do in fact

use instant grits.

Michele Johnson, Latham & Watkins: Mine is “The

Pelican Brief.” As a wide-eyed 1L at Georgetown

when everything was unfamiliar, I found the corridors

of McDonough Hall and the Edward Bennett Williams

Law Library somehow comforting because I had seen

them somewhere before—where Darby Shaw researched

her famous brief!

Karen Dunn, Boies Schiller Flexner: “The People v.

O.J. Simpson,” which was on FX a few years ago. Lots

By Jenna Greene

March 22, 2020

My Cousin Vinny

to love if you are a trial lawyer, especially because most

of it takes place in the courtroom and focuses on the

lawyers—not just their daily ups and downs in court but

also their very human reactions to the extreme stress and

pressure of the moment. Even if you think you remem-

ber all the twists and turns, you don’t. Puts our trial stress

in perspective!

Kannon Shanmugam, Paul, Weiss, Rifkind, Whar-

ton & Garrison: “The Verdict.” No matter how high

the deck is stacked against you in a case, you should

never give up fighting for what’s right. Probably Paul

Newman’s greatest performance, though he didn’t win

the Oscar for it.

Roberta Kaplan, Kaplan Hecker & Fink: I think my

favorite would be “The Verdict” (1982). It came out

while I was in high school and while I obviously (both

then and now) am not a male, middle-aged, alcoholic,

Irish lawyer in Boston who looks anything like Paul

Newman, I think it had a big impact on my decision to

become a lawyer. Frank Galvin’s closing argument prob-

ably speaks to why so many of us do what we do every

day: “We become tired of hearing people lie. And after

a time, we become dead … a little dead… We doubt our-

selves, we doubt our beliefs. We doubt our institutions.

And we doubt the law. But today you are the law. You

ARE the law. Not some book … not the lawyers … not a

marble statue … or the trappings of the court. See those

are just symbols of our desire to be just. They are … they

are, in fact, a prayer: a fervent and a frightened prayer.

… I believe there is justice in our hearts.”

Kassie Helm, Dechert: “And Justice for All” is my

pick. Hands down the best opening statement/final

scene, both for writing (Barry Levinson) and acting (the

magnificent Pacino) (“He forgot his case. He forgot to

bring it. I don’t know, I don’t see it, do you?”). Every

litigator who likes to win should watch it.

Randy Mastro, Gibson, Dunn & Crutcher: I’m a film

buff, co-chair the Hamptons Film Festival (with Alec

Baldwin), and especially love courtroom dramas, so I

can’t pick just one. Mine are defined by the memorable

lines that stuck with me, so much so that I’ve used them

in court myself. Lines like, “You can’t handle the truth,”

from “A Few Good Men.” Or “You’re out of order,” from

. . . “And Justice For All.” And the classic jury closing

line from “To Kill A Mockingbird”: ”Do your duty.” But

now, I have a new favorite from a fabulous biopic that

opened last year’s festival, “Just Mercy”: ”It’s never too

late for justice.” Words for all of us in the law to live by.

Beth Wilkinson, Wilkinson Walsh: As a former Army

lawyer and someone who dreams about doing the per-

fect cross-examination, I’ve always loved “A Few Good

Men.” After almost 30 years of trying cases, I’m still

waiting to get a witness to confess when I ask my version

of “You ordered the Code Red, didn’t you?”

Neal Katyal, Hogan Lovells: “A Few Good Men.”

Everyone loves it for the Nicholson scene. For me it

has other resonance. It was my very first introduction to

Guantanamo, back in 1992. I had no idea when I saw it

that Gitmo would become a big part of my life, first in a

tinier way as a law student on the Haitian refugee stuff,

and then for seven years after the horrific 9-11 attacks,

culminating in my first Supreme Court argument, Ham-

dan v Rumsfeld. When I saw it, I also had no idea I

would go on to become friends and colleagues with its

director, the legendary Rob Reiner.

Tariq Mundiya, Willkie Farr & Gallagher: “Trials of

Oscar Wilde” from 1960 starring Peter Finch as Oscar

Wilde. Why? Because in addition to very accurate depic-

tions of three courtroom trials, it provides a lesson that is

ever enduring. Wilde’s downfall—his ultimate criminal

conviction and imprisonment—was the result of a libel

case that he first commenced. Lesson: Before you sue,

think about the boomerang effect!

Jami McKeon, Morgan, Lewis & Bockius: “12 Angry

Men” — Because it epitomizes how the system should

work; the jury as a collaborative search for the truth.

As a trial lawyers, what more could you ask for? And it

is honestly a fantastic piece of cinema on top of that.

“My Cousin Vinny” — Because I have used it so many

times teaching about expert testimony that I have to

acknowledge it. And (sorry for the third) “Witness for

the Prosecution.” Could there BE (to quote Chandler

Bing) a better question on cross?

Daralyn Durie, Durie Tangri: It has to be “Adam’s

Rib.” Because Katharine Hepburn as a lawyer is every-

thing I aspire to be—and of course I love the lawyer

couple trope, even if I prefer to be on the same side.

Evan Chesler, Cravath Swaine & Moore: My favorite

character is Kavanaugh QC, played by British actor John

Thaw. He captured the life of a trial lawyer, whether an

English Silk or just an American trial lawyer. He exhib-

ited what it means to be a voice for those who do not

speak for themselves. With time on our hands, watch a

few episodes on Amazon Prime.

Darren Robbins, Robbins Geller Rudman & Dowd:

“Above and Beyond.” A metaphor for what we face

today. Against all odds ordinary people from all over the

word came together in selfless acts of faith and, against

all odds, prevailed in protecting the new state of Israel.

A true David Goliath story (pun intended). It’s like Deu-

teronomy 25:1-2

Bill Lee, Wilmer Cutler Pickering Hale and Dorr:

My favorite movie is “Anatomy of a Murder.” It is a great

movie and a compelling story. For me, the best part of

the movie was the wonderful cast. It included Jimmy

Stewart, Ben Gazzara and Lee Remick. For us at Wilm-

erHale, the star was Joe Welch, our partner who had just

returned from taking down Senator McCarthy. (“Have

you no sense of decency…”) Joe played the judge for the

trial and was hilarious. After the movie, he never really

returned to active practice.

Mark Filip, Kirkland & Ellis: The only reason I

became a lawyer was because I wanted to be an AUSA in

Chicago. If you grow up in Chicago, you know how the

U.S. Attorney’s office has always fought corruption and

organized crime in the city, and that seemed like a great

mission. So for me, the best legal movie ever is “The

Untouchables” —Elliot Ness, CPD Officers Malone

and Stone, and the final scene where they convict Al

Capone—that will always be my favorite.

Easha Anand, Orrick Herrington & Sutcliffe: Not

quite a movie, but the first three seasons of “Scandal”

can’t be beat for pure soapy delight. The show featured

lawyers who didn’t look anything like the ones in the

canonical legal dramas. It introduced me to the glories

of red wine with popcorn. And it gave us the line that

should be every junior attorney’s mantra: “You’re not a

baby lawyer. You’re a gladiator in a suit.”

Tim Mungovan, Proskauer Rose: My favorite legal

movie is “In the Name of the Father.” As in real life,

the lawyers are not the stars of the movie, but they play

a critical role in the narrative. Daniel Day-Lewis is one

of my favorite actors, and he is especially good (and

young) in this movie. The narrative themes of hope,

redemption, and perseverance (especially in the face

of institutionalized injustice) are personal favorites and

always relevant.

Vernon Winters, Sidley Austin: “My Cousin Vinny.”

Great lessons about the analytical power of focused,

common-sense cross-examinations, and also about hav-

ing the grit to overcome obstacles, which always occur

in trial. Plus, it’s quite funny.

Dan Petrocelli, O’Melveny & Myers: “My Cousin

Vinny.” The DA’s 90-second opening statement is text-

book.

Gil T. Voy, Vice President, Deputy General Patent

Counsel , Eli Lilly and Company: “My Cousin Vinny”

for sure—I have nothing original to offer other than the

why. First, it is funny … really, really funny—above all

else it is funny. Second, it illustrates that the system and

its participants, even those on opposing side, are sup-

posed to and do in fact attempt to do justice (e.g., Trot-

ter dropping the case at end, prosecution expert witness

admitting they had no case—all the criminal procedure

stuff that Mona Lisa had to teach Vinny). Third, it

shows you how being a really good lawyer and advocate

for your client can be the difference between justice and

two innocent young men/kids being sentenced to death

(knowing how to cross examine a witness, doing the

research to know your case, etc.) Fourth, it was a beauti-

ful illustration of “people are people” —the movie gets

very little credit for this in my estimation. You had the

East Coast New Yorkers with their bias and prejudice

against those in south, i.e., “Ala-fucking’bama” (another

example is Stanley’s conversation while he’s being

arraigned on the phone—“They’re inbred down here”

or something to that effect), and those in the south

with their prejudice/bias against the “city boys” —and

in the end, they were surprised by (although I think it

was the East Coasters that were the most surprised) and

respected each other. The movie illustrated all that bias

is based on nothing but bullshit.

Diane Doolittle, Quinn Emanuel Urquhart & Sul-

livan: “My Cousin Vinny” is a wonderful teaching tool

for trial lawyers—everything that happens in the film

can and does happen in real life. Lawyers sometimes

need to stand up to hostile judges; props/visuals are

powerful tools of advocacy; witnesses can be demolished

by impeachment on seemingly peripheral points—and

truth and justice generally prevail.

Jenna Greene is editor of The Litigation Daily and

author of the “Daily Dicta” column. She is based in the San

Francisco Bay Area and can be reached at [email protected]

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