Nothing! But as we noted yesterday, that doesn’t mean you might not be interested in our Damon Key colleague’s review of the film, part of our firm’s upcoming law film festival, “Let’s Film All the Lawyers” (September 14-20, 2013, Honolulu Museum of Arts’ Doris Duke Theatre).
Here’s Mark Murakami‘s review of this new classic.
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“My Cousin Vinny” – Knowing the Judge, and the Making of a Great Lawyer Movie
by Mark M. Murakami
Sometimesit is about the process. In law school, students may learn “the law,” but inorder to actually represent clients, they need to know the process, and figureout the rules—written and unwritten—that make courtrooms work. As the old jokegoes, “a good lawyer knows the law, a great lawyer knows the judge.”
Despite its slapstick cover, legalprocedure is what My Cousin Vinny isall about. This 1992 film is a comic fish-out-of-water take on the murder trialof two Brooklyn “youths” who find themselves at the mercy of southern friedjustice.
And their only hope appears hopeless: VincentGambino, Esq. (Joe Pesci), one of the accused’s cousin, a personal injurylawyer who barely passed the bar after multiple attempts, agrees to come downand defend them. Vinny has never tried a case in Brooklyn, much less a capitalmurder case in a Beechum County court against a seasoned prosecutor, with ano-nonsense Yale-educated judge running things. But he hits the books, andafter a few fits-and-starts, begins to practice law.
Evidentiary foundations, discovery anddisclosures, and cross-examination technique may all be beyond Vinny’s paygrade, but over the course of the film, his talents rise as he begins tounderstand and apply the procedures and customs of the court. With his New Yorkpersonality running headlong into more genteel Southern traditions, Vinny andhis fiancé (Academy Award winner Marisa Tomei) slowly learn the process, andthe law.
MyCousin Vinnyis the #3 film on the American Bar Association’s list of lawyers’ favorite lawmovies for good reason: despite it being a broad comedy, it is known for itssurprising legal accuracy. When I attended the Naval Justice School in 1999, Vinny was repeatedly used during trialadvocacy classes to teach brand new Navy, Marine Corps and Coast Guard judgeadvocates (I have no doubt that Air Force and Army JAGs reading this will say, “thatfigures”).
The film also made his way into oral argument atthe United States Supreme Court (mentioned by another New York lawyer,Associate Justice Antonin Scalia, who admits that this is his favorite legalmovie). In United States v.Gonzalez-Lopez, Justice Scalia referenced the film asking the arguinglawyer, “What about the real case of MyCousin Vinny?” The case was about whether the accused has the right to an attorneyof their choosing, even if the defendant’s choice was an out-of-state attorneywho had been subject to disciplinary action by a judge in an earlier case.Justice Scalia, who ultimately wrote the opinion which concluded that the defendantwas indeed entitled to counsel of his choosing (however Vinnie-ish that choice appeared to be), seemed committed to theconstitutional principle that the accused has the right to counsel of hischoosing, regardless of the lawyer’s skill or experience. Or lack thereof.
Justice Scalia made a point familiar to alllawyers (and perhaps their clients): “I don’t want a competent lawyer. I want alawyer who’s going to get me off. I want a lawyer who will invent the Twinkiedefense. I would not consider the Twinkie defense an invention of a competentlawyer. But, I want a lawyer who is going to win for me.” In that vein, VinnyGambini certainly qualifies. Despite his troubles along the way, he has his PerryMason moment where he magnificently extracts the crucial opinion from hisexpert witness. His qualification of his fiancé as an expert on tire treads hasbecome the stuff of legends.
And yes, it’s pretty accurate.
MyCousin Vinnyreminds us that not all clients care how difficult it was for us to pass thebar, or what law school we attended. They want to win their case.
Asthis film shows, understanding the process certainly helps.
Introduced by Mark M. Murakami, partner at Damon Key Leong Kupchak Hastert on Sunday, Sept 15, at 7:30 PM
Showtimes:
Sunday Sep 15 07:30 PM
Thursday Sep 19 01:00 PM
Friday Sep 20 01:00 PM
Purchase tickets for all shows here.