Lawyers in Hollywood
Why Wagner, McLaughlin & Whittemore Attorneys are Like Paul Newman & Tom Cruise
The ABA Journal recently published an issue covering “100 Years of Law at the Movies,” exploring Why Hollywood Loves Lawyers. It concluded that “[t]he literature of law values t
he object lesson over the cheap thrill. Audiences crave universal truths, and by the time the closing credits roll, movies about the law have left behind wisdom to live by.” We agree with that sentiment. Whether it’s Henry Fonda corralling his fellow jurors in 12 Angry Men, or Tom Cruise cornering “you want me on that wall” Jack Nicholson in A Few Good Men, lawyer movies can and usually do pack a mighty moral wallop. It’s no surprise that Atticus Finch found himself at the top of an American Film Institute list of famous heroes of the last 100 years. As the Institute rightly notes, “Heroism that acquits the falsely accused will hold its own against any nonstop action flick.”
We don’t practice criminal law at Wagner, McLaughlin & Whittemore, but we feel that our quest for justice is no less rigorous and duty bound than that of Mr. Finch in To Kill a Mockingbird or of Matthew McConaughey in the gripping tale A Time to Kill. We, too, strive daily to see that wrongs are righted. Fortunately, Hollywood agrees that civil practice can be just as compelling – and just as filled with white-hat lawyers making society better and more just, one client at a time.
Below is a short list of some of the great lawyer movies dealing with civil lawyers and our fight to improve the lives of our clients. We not only love these movies; we are proud of these civil justice-fighters, real and fictional.
Erin Brokovitch: “Not personal? That is my work! My sweat! My time away from my kids! If that’s not personal, I don’t know what is.”
Who doesn’t know of Erin’s true-life story fighting against a massive power company to get justice for hundreds of residents injured by contaminated water? What began as a personal quest for employment culminated in a life-changing verdict for the townspeople poisoned by Pacific Gas & Electric’s dangerous disposal practices. Though she wasn’t a lawyer herself, she and attorney Ed Masry certainly earned their badges as civil law heroes.
A Civil Action: “Now the single greatest liability a lawyer can have is pride. Pride… Pride has lost more cases than lousy evidence, idiot witnesses and a hanging judge all put together. There is absolutely no place in a courtroom for pride.”
Like Erin Brokovitch, A Civil Action is based on a true story of a lawyer who took on a large company responsible for damaging the health of the nearby townsfolk, this time causing terminal leukemia in several children. The story is a wonderful portrayal of a team of attorneys who quite literally risk everything to win justice against all odds.
The Insider: “You are important to a lot of people, Jeffrey. You think about that, and you think about them. I’m all out of heroes, man. Guys like you are in short supply.”
Big Tobacco went to war when a single courageous whistleblower, Dr. Jeffrey Wigand (played by Russell Crowe), agreed to a 60 Minutes interview to expose the dangers of smoking. The Insider tells the tale of the legal battle that followed as Big Tobacco pulled out all the stops to suppress the interview.
Rainmaker: “Every lawyer, at least once in every case, feels himself crossing a line that he doesn’t really mean to cross… it just happens… And if you cross it enough times it disappears forever. And then you’re nothin’ but another lawyer joke. Just another shark in the dirty water.”
A fictional story steeped in legal ethics, Rainmaker tells the tale of a medical malpractice case against an unscrupulous insurance giant. Not every medical malpractice case we take rises to the level of a Hollywood blockbuster – but we never forget that every single case we accept is of enormous importance to the health and life of that individual client.
The Verdict: “I came here to take your money. I brought snapshots to show you so I could get your money. I can’t do it; I can’t take it. ‘Cause if I take the money I’m lost. I’ll just be a… rich ambulance chaser. I can’t do it. I can’t take it.”
Another medical malpractice story starring the fabulous Paul Newman, The Verdict features a once-ostracized lawyer who resists enormous personal and industry pressure to accept a large settlement for his client – because he believes, when no one else does, that his client deserves even more than that. This great movie dramatically illustrates why real-life potential clients should not be unduly “wowed” when lawyers advertise their “big-dollar” settlements – because you never know if that settlement, though large, was really as fair for the client as it was for the lawyer.
At Wagner, McLaughlin & Whittemore, we work hard every day to emulate the commitment and heroism of the lawyers – real life and fictional – who stand up for the rights of their clients despite the strength of the opposition and against the pressure to settle too early, when doing so is not in our clients’ best interests. If you live near Tampa, Florida, and need a personal injury, medical malpractice, whistleblower, or wrongful termination attorney, contact us today for a free consultation. We may not have Paul Newman’s blue eyes or Tom Cruise’s boyish good looks – but we guarantee that our attorneys will work on your case with the same passion for justice that you see in their movies.
(Movie quotes from IMDb)
Good Samaritans are usually the stuff that fuels stories of heroes. These are the ordinary citizens or the off-duty doctors and nurses who spring to the aid of someone who has been injured. They often save lives with their quick thinking and help end emergencies with better outcomes than might otherwise have occurred. Anyone can try to become a Good Samaritan, whether they have medical training or not, and Florida Statutes section 768.13 – the Good Samaritan Act – seems to offer them a certain amount of protection from civil liability for their actions… at least, when all goes well.
But what if you’ve been injured in a traffic accident or other accident and the would-be Good Samaritan who comes to your rescue actually makes things worse? What if you would have been better off if he’d left you alone? What if she was so incompetent, it seemed like she was actively trying to hurt you? What if he was trying his best, but his negligence caused you serious injury?
Whether you’ve been involved in a Good Samaritan situation as the injured victim or whether you wonder if it’s a good idea to become a Good Samaritan yourself someday, it can be helpful to keep the following points in mind:
Emergency Only
A Good Samaritan is only protected if he provides medical care, treatment, or advice in an actual emergency situation. If there is no emergency, there is no Good Samaritan protection. Keep in mind, however, that even emergencies do not provide blanket protection to someone who does harm under the guise of a Good Samaritan.
Good Faith
Good Samaritans provide their services for free and act in good faith. Someone who is trying to get something for herself by “helping” you won’t qualify, and someone who neglects to show proper care won’t be fully protected.
Consent of the Injured
An injured person can refuse the help of a Good Samaritan. If that injured person is able to make decisions on their own, the Good Samaritan cannot force the person to accept any medical treatment. If the injured person says to stop, the Good Samaritan likely will not be protected.
Ordinary Reasonably Prudent
Good Samaritans offering assistance have to act in the same way that an “ordinary reasonably prudent person would have acted under the same or similar circumstances.” The definition of how “ordinary reasonably prudent” people act in a given circumstance, however, can be hard to define for every situation. Not every action of a Good Samaritan is prudent, and many injuries caused by would-be Good Samaritans are actionable by the victims. Thus, this qualification must be examined on a case-by-case basis, with a full understanding of the law and legal precedents.
If you’ve been involved in an accident and you believe that the actions of a would-be Good Samaritan on the scene made your injuries worse, it is best to consult with a qualified attorney – both about your accident and about the possibly negative actions of your “rescuer.” At the Tampa, Florida law firm of Wagner, McLaughlin & Whittemore, we have been representing injured plaintiffs since 1967, and we have the experience to help you through all aspects of your case. Contact us today for a free consultation.
Consult an experienced Tampa personal injury attorney TODAY!
Imagine that you are walking by a construction site when you hear a loud noise. You turn around in time to see a large piece of equipment hurtling toward you, out of control. You are struck and injured, requiring hospitalization. Even after you are able to return to work, you have lingering pain in your knee and elbow, and your doctor says that this pain might never go away. When you’re able to get to sleep at night, you are plagued by nightmares. You can’t quite bring yourself to walk by another construction site. You used to run every morning, but the pain is too much now.
The construction company doesn’t dispute that it is responsible for your injuries, and it is willing to compensate you for your hospital bills and your time off work… but is that all you’re entitled to?
Damages that result from an injury can be tangible or intangible. Tangible damages are normally economic: Your medical bills, time lost from work, medications, and other monetary losses fall easily into this category. Tangible damages are relatively simple to prove, because there is normally a bill, a paystub, or a receipt you can produce to show how much you should be paid.
Intangible damages are harder to prove for a number of reasons, including because you may not know yourself the full toll they will eventually take on you. Your pain and suffering looms large in your life each day, but how much do they cost you? If you have returned to work, your economic damages might be as good as resolved, but it’s hard to say or feel that you have been made whole.
Florida law recognizes the burden that pain and suffering can bring after an injury, and it allows monetary awards to compensate you. Because it is more difficult to prove pain and suffering, however, be sure that you collect and preserve the following evidence from the outset of your case:
- Keep a log of your daily pain.
- Record any prescriptions for pain medications, along with how often you took them and how much over-the-counter medication you used.
- Make a list of the activities you enjoyed before your accident that are difficult to enjoy after the accident.
The best thing you can do after an accident is to consult an experienced attorney as quickly as possible. Your attorney will be able to guide you throughout the process and can work to ensure that you receive full compensation for all of your tangible and intangible damages.
At Wagner, McLaughlin & Whittemore, we have been representing accident victims for years, and we would be honored to assist you with your case. Contact us today for a free consultation.
