“The Lincoln Lawyer onscreen is a slam-bang twister of a legal thriller, full of whiplash energy, tasty acting and […] a decadent, scuzzy sense of Los Angeles as a perfect hell for the beautiful and the damned.”
Lincoln?
What is the first thing that comes to your mind when you read the title of this film? If you think a bit like me, your first thought was possibly Abraham Lincoln. While he was indeed a lawyer prior to his presidency, this film is neither a period piece nor about the former President. None of the characters are named Lincoln, and surprisingly, the film is not set in the city Lincoln either. So, where does the title come from? It is a reference to the Lincoln Town Car which is essential to the plot just as K.I.T.T. in Knight Rider or the Impala in Supernatural. In The Lincoln Lawyer, the car is essentially the protagonist’s mobile office, despite having an actual, physical office and assistant, because of the hustle and bustle of being a moderately successful defense attorney. This detail is a homage to one of the lawyers who inspired this story.
The State v Louis Roulet
In the film, Louis Roulet (Ryan Phillippe) has been accused of beating up and attempting to rape a prostitute. The wealthy real estate mogul hires Mick Haller (Matthew McConaughey) after reading about one of his cases in the newspaper. Haller eagerly accepts this gig with only one thing in mind: money, money and money to fill up his tank. Problems arise when his client insists on his innocence as, for Haller, “there is no client as scary as an innocent man.” He is so used to wrapping up deals with the prosecution that it is out of his comfort zone to let Roulet plead not guilty. Ironically, the Lincoln’s custom license plate is “NTGUILTY”. The film has a unique approach to ethical issues that can arise in court and takes on a few moral questions. How do you represent an innocent person? And, how do you represent a person you know is guilty?
Client Confidentiality
The film correctly defines the concept of attorney client privilege. Astonishingly, it is quite impressive that the writers remembered to include a small, but important detail. During the initial meeting between Roulet and Haller to discuss the case, the client’s mother is present. She tries to hand Haller a cheque to pay his upfront fee. However, Haller correctly refuses to avoid complications. If someone other than the client pays the legal fees, “conflict of interest, confidentiality, and the scope of the lawyer’s employment are almost always implicated.” Apart from that, the film fails to handle it properly. In fact, the application seems quite careless. In its essence, this privilege ensures “that one who seeks advice or aid from a lawyer should be completely free of any fear that his secrets will be uncovered.” This means that, as a general rule, an attorney cannot disclose confidential communications with a client without obtaining their consent. While there are exceptions to this rule, they are not relevant for the film. Yet, Haller still violates his client’s trust by mentioning confidential matters to an informant as well as to his ex-wife Maggie (Marisa Tomei), who was the prosecutor for Roulet’s bail hearing before stepping down due to a conflict of interest. This was not only unethical but also unlawful. Possible consequences of such behaviour are disbarment and a lawsuit for malpractice.
Other Ethical Issues
In addition to inappropriately disclosing information, Haller violates other rules of professional conduct throughout the film. Firstly, in one instance Haller intentionally lies to the judge breaching his duty not to mislead the court. Secondly, he does not step down from the Roulet case although there is a conflict of interest with regards to another client he had represented before. Thirdly, a lawyer shall not knowingly offer evidence known to be false which Haller does in the film. This happens when the defendant takes the stand and deliberately commits perjury. Hollywood portrays Haller as a slick LA attorney who knows how to play the justice system and use loopholes to his advantages. In reality, however, his unethical behaviour would most likely have cost him his practising license, the same way Haller lost his driver’s license.
Final Thoughts
Despite not getting every legal detail a hundred percent right, The Lincoln Lawyer impresses with its intricate plot, surprising twists and star-studded cast whose acting is unusually authentic.
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