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Reproduced by permission. ©2015 Colorado Bar Association, 44 The Colorado Lawyer 35 (April 2015). All rights reserved. THE INQUIRING LAWYER Introduction to The InQuiring Lawyer by Ronald M. Sandgrund, Esq., InQ. The InQuiring Lawyer column addresses a topic that Colorado nation. I take full responsibility for these forays, and I recognize lawyers may consider often but may not discuss publicly in much that I may be subject to assessment and criticism myself. (Please be depth. The topics in this column are being explored through dia- gentle!) If you have an idea for one of these columns, I hope you logues that may involve lawyers, judges, law professors, law stu- will share it with me via e-mail at [email protected]. dents, and law school deans, as well as entrepreneurs, journalists, This month’s article is the last of a four-part conversation about business leaders, politicians, economists, psychologists, academics, the effects, if any, of popular culture—TV, movies, books—on juror children, gadflies, and know-it-alls (myself included). perceptions and lawyers’ and judges’ courtroom behavior. Reader These discussions may tread on matters sometimes considered feedback on this series is welcomed. too highly regarded to be open to criticism or even simple exami- Dialogue: Does Popular Culture Influence Lawyers, Judges, and Juries?—Part IV Participants Ron Sandgrund Ron Sandgrund, of counsel with the Sullan Construction Defect Group of Burg Simpson Eldredge Hersh Jardine, P.C., has been a trial and appellate attorney since 1982, representing, early in his career, primarily product manufacturers, insur- ance companies, and small businesses, including real estate developers and builders, and then later, representing mainly property owners and homeowner associations in construction defect, insurance coverage, and class action disputes. He is a frequent author and lecturer on these topics, as well on the practical aspects of being a lawyer. Stanley Garnett Robert L. McGahey, Jr. Stan Garnett was elected Boulder District At - Judge Robert McGahey, Jr. has been a Denver torney in 2008. Before that, he was a trial lawyer District Court Judge since January 2000. He has for twenty-two years at Brownstein, Hyatt, Far- served in all three divisions of the Denver Dis- ber and Schreck, where he specialized in com- trict Court. Before his appointment, he was a civil plex litigation in state and federal courts across trial lawyer for more than twenty-five years, dur- the nation. Garnett received his BA degree in ing which time he tried more than 100 jury tri- 1978 from the University of Colorado (CU), als. McGahey is a graduate of Princeton Univer- graduating Phi Beta Kappa, and his JD degree in 1982 from CU sity (magna cum laude) and DU Law. He has been a frequent Law. From 1982 to 1986, he was a Denver Deputy District Attor- instructor for the National Institute for Trial Advocacy and has been ney. an adjunct professor at DU Law since 1985, teaching Basic and Advanced Trial Practice and the Judicial Externship Seminar. He Christina M. Habas received the Ruth Murray Underhill Teaching Award in 2013, pre- A native Denverite, Tina Habas received her sented by the DU Law Faculty Senate. undergraduate degree from the University of Denver (DU) and her law degree from DU Robert W. Pepin Law. She began practicing with Watson, Nathan Bob Pepin, a graduate of CU Law, has been a & Bremer, P.C., representing governmental enti- criminal defense lawyer since 1982, when he ties and school districts, and handling general became a deputy with the Colorado State Public litigation, employment law, and civil rights dis- Defender’s system. Bob’s eleven-year state putes. She moved to Bruno, Bruno & Colin, P.C., where she repre- defender stint included serving in three regional sented law enforcement officials. In December 2003, she was offices, heading the Adams County Regional appointed as a Denver District Court Judge, serving in the domes- Office for five years, and training new attorneys. tic, civil, and criminal divisions. She retired from the bench in 2012 He spent six years as private counsel with Recht & Pepin, P.C. and to resume working as a trial lawyer. Her current practice focuses on has been an assistant federal public defender for the District of representing catastrophically injured people. Colorado since 2000. The Colorado Lawyer | April 2015 | Vol. 44, No. 4 35 THE INQUIRING LAWYER Larry S. Pozner Richard Walter Larry Pozner is a founding partner of the thirty- Professor Richard Walter is a celebrated story- lawyer litigation firm Reilly Pozner LLP. The telling guru, movie industry expert, and longtime firm has been named by the National Law Jour- chairman of UCLA’s graduate program in nal as one of America’s “Top 10” litigation bou- screen writing. A screenwriter and author of best- tiques. The Best Lawyers in America has listed selling fiction and nonfiction, Walter wrote Pozner for Bet-the-Company Litigation Crimi- Essentials of Screenwriting (Penguin Books, nal Defense: Non-White-Collar and Criminal 2010). Walter lectures and conducts screenwrit- Defense: White-Collar. Pozner is a past president of the 10,000- ing master classes throughout the world. He is a sought-after Hol- plus member National Association of Criminal Defense Lawyers. lywood script doctor. Walter wrote the earliest drafts of American He is co-author (with Roger J. Dodd) of Cross-Examination: Sci- Graffiti (1973). His former students have won five “Best Screen- ence and Techniques, 2d ed. (LexisNexis, 2009). play” Oscar nominations and three Oscars in the past five years. They have written eleven films directed and/or produced by Steven Spielberg. His former students also write for television. Walter is a Marjorie J. Sommer court-recognized expert in intellectual property litigation and has Marjorie Sommer is a co-founder and senior testified as an expert witness in disputes involving many films, trial consultant at Focus Litigation Consulting, including the entire James Bond series. LLC. Previously, she was president of two highly successful jury research and trial consult- ing firms based in Denver, and practiced law for Malcolm E. Wheeler many years before that. Sommer has worked in Malcolm (Mal) Wheeler is the co-founder of the trial consulting field for more than twenty Wheeler Trigg O’Donnell, LLP, one of the years, and has facilitated more than 1,000 focus groups and mock country’s leading product liability and commer- trials. She has consulted in virtually every area of the law, and has cial litigation firms. Wheeler’s practice has spoken to approximately 10,000 people across the country (in focused on large and complex business litigation twenty-nine states and the District of Columbia) about actual case and product liability litigation, especially nation- issues and facts to assist her clients in better understanding how wide “pattern” litigation, class actions, and major jurors perceive, deliberate, and decide their cases. She has taught appeals. He has briefed and argued cases in the U.S. Supreme jury issue-related CLE courses in Colorado, California, Florida, Court, the U.S. Courts of Appeals, and state appellate courts Arizona, West Virginia, and Wyoming. She received her BA throughout the country. He is a Fellow in the American College of degree, magna cum laude, from the University of Florida in 1973, Trial Lawyers and a Fellow in the International Academy of Trial and earned her JD degree in 1975 from the University of Florida Lawyers. Wheeler also has authored many journal articles on prod- College of Law. uct liability and class actions. 36 The Colorado Lawyer | April 2015 | Vol. 44, No. 4 THE INQUIRING LAWYER Introduction to Part IV: TV and Movies—What We Love and Love to Hate by Ronald M. Sandgrund, Esq., InQ. Popular culture generally has been defined as “culture based on love to hate, in how they depict lawyers, judges, and trials—and the tastes of ordinary people rather than an educated elite.”1 This which have had the greatest influence on them. four-part article discusses the effect that popular culture—prima- ___________ rily TV and the movies—has on jurors, lawyers, and judges. In Part 1. Online Oxford Dictionary, www.oxforddictionaries.com/us. I, we explored whether and how popular culture might influence 2. See Sandgrund, “Does Popular Culture Influence Lawyers, Judges, juror perceptions of judges, lawyers, and trials.2 Part II examined and Juries?—Part I,” 44 The Colorado Lawyer 55 ( Jan. 2015), www.cobar. the ways lawyers try to take advantage of or negate the potentially org/tcl/tcl_articles.cfm?articleid=8777. 3. Sandgrund, “Does Popular Culture Influence Lawyers, Judges, powerful shadows that popular culture casts on civil and criminal See 3 and Juries?—Part II,” 44 The Colorado Lawyer 63 (Feb. 2015), www.cobar. trials. Part III investigated whether popular culture may be under- org/tcl/tcl_articles.cfm?articleid=8804. 4 mining the rule of law. Finally, this Part IV asks each of our panel 4. See Sandgrund, “Does Popular Culture Influence Lawyers, Judges, members which movies and TV shows they love, and which they and Juries?—Part III,” 44 The Colorado Lawyer 51 (March 2015), www. cobar.org/tcl/tcl_articles.cfm?articleid=8834. Dialogue: Does Popular Culture Influence Lawyers, Judges, and Juries?—Part IV Now the single greatest liability a lawyer can have is pride. Popular Culture’s Influence on Our Panel Pride has lost more cases than lousy evidence, idiot witnesses The InQuiring Lawyer: For me, two of the most and a hanging judge all put together. influential films I have seen about lawyering are To Kill There is absolutely no place in a courtroom for pride. a Mockingbird and My Cousin Vinny (1992)—the for- —A Civil Action (1998) mer because it reflected the honor in defeat when rep- resenting a lost cause and a person wronged; the latter Leonard Vole: But this is England, where I thought you never because it showed that having the facts on your side can overcome arrest, let alone convict, people for terrible biases against one’s client.
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