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Multimedia Ethics Extravaganza! MULTIMEDIA ETHICS EXTRAVAGANZA! NANCY B. RAPOPORT Gordon Silver Professor of Law William S. Boyd School of Law University of Nevada, Las Vegas http://www.law.unlv.edu/faculty_nancyRapoport.html http://nancyrapoport.blogspot.com/ (713) 202-1881 State Bar of Texas rd 23 ANNUAL ADVANCED SUING AND DEFENDING GOVERNMENTAL ENTITIES COURSE July 21-22, 2011 Austin CHAPTER 3 Nancy B. Rapoport is the Gordon Silver Professor at the William S. Boyd School of Law, University of Nevada, Las Vegas. After receiving her B.A., summa cum laude, from Rice University in 1982 and her J.D. from Stanford Law School in 1985, she clerked for the Honorable Joseph T. Sneed on the United States Court of Appeals for the Ninth Circuit and then practiced law (primarily bankruptcy law) with Morrison & Foerster in San Francisco from 1986-1991. She started her academic career at The* Ohio State University College of Law in 1991, and she moved from Assistant Professor to Associate Professor with tenure in 1995 to Associate Dean for Student Affairs (1996) and Professor (1998) (just as she left Ohio State to become Dean and Professor of Law at the University of Nebraska College of Law). She served as Dean of the University of Nebraska College of Law from 1998-2000. She then served as Dean and Professor of Law at the University of Houston Law Center from July 2000-May 2006 and as Professor of Law from June 2006-June 2007, when she left to join the faculty at Boyd. Her specialties are bankruptcy ethics, ethics in governance, and the depiction of lawyers in popular culture. She has taught Contracts, Sales (Article 2), Bankruptcy, Chapter 11 Reorganization, Legal Writing, Contract Drafting, Corporate Scandals, and Professional Responsibility. Among her published works are ENRON AND OTHER CORPORATE FIASCOS: THE CORPORATE SCANDAL READER 2D (Nancy B. Rapoport, Jeffrey D. Van Niel & Bala G. Dharan, eds.), which addresses the question of why we never seem to learn from prior corporate scandals, and LAW SCHOOL SURVIVAL MANUAL: FROM LSAT TO BAR EXAM, co-authored with Jeffrey D. Van Niel (Aspen Publishers 2010). She is admitted to the bars of the states of California, Ohio, Nebraska, Texas, and Nevada and of the United States Supreme Court. In 2001, she was elected to membership in the American Law Institute, and in 2002, she received a Distinguished Alumna Award from Rice University. She is a Fellow of the American Bar Foundation and a Fellow of the American College of Bankruptcy. She currently serves as the Dean of Faculty of the American Board of Certification, the entity that develops, grades, and certifies lawyers for specialties in business bankruptcy, consumer bankruptcy, and creditors’ rights. In 2009, the Association of Media and Entertainment Counsel presented her with the Public Service Counsel Award at the 4th Annual Counsel of the Year Awards. She now co-chairs AMEC’s Law School Committee. She has also appeared in the Academy Award®-nominated movie, Enron: The Smartest Guys in the Room (Magnolia Pictures 2005) (as herself). Although the movie garnered her a listing in www.imdb.com, she still hasn’t been able to join the Screen Actors Guild. In her spare time, she competes, pro-am, in American Rhythm and American Smooth ballroom dancing with her teacher, Sergei Shapoval. The best way to reach her is to call her on her cell phone. Nancy B. Rapoport Gordon Silver Professor of Law William S. Boyd School of Law, University of Nevada, Las Vegas P.O. Box 451003 4505 S. Maryland Parkway Las Vegas, NV 89154-1003 [email protected] (c) 713-202-1881 SSRN author page: http://ssrn.com/author=260022 IMDB.com page: http://imdb.com/name/nm1904564/ Blog: http://nancyrapoport.blogspot.com * “The” really is capitalized as part of The Ohio State University’s official name. Multimedia Ethics Extravaganza! Chapter 3 TABLE OF CONTENTS DRESSED FOR EXCESS: HOW HOLLYWOOD AFFECTS THE PROFESSIONAL BEHAVIOR OF LAWYERS ..................................................................................................................................................................... 1 I. SOCIALIZATION THROUGH THE DISCLOSURE OF FILMS ................................................................... 8 A. WHAT DOES HOLLYWOOD “KNOW” ABOUT LAWYERS?..................................................... 10 B. WHAT DOES HOLLYWOOD “TEACH” ABOUT LAWYERS? .................................................... 14 II. SOCIALIZATION THROUGH THE PARTICULAR CULTURE OF LAWYERS ...................................... 21 CONCLUSION: THE COGNITIVE DISSONANCE OF MOVIES AND LIFE ........................................................ 25 MULTIMEDIA ETHICS EXTRAVAGANZA! (POWERPOINT PRESENTATION) .............................................. 27 i Multimedia Ethics Extravaganza! Chapter 3 1 Multimedia Ethics Extravaganza! Chapter 3 2 Multimedia Ethics Extravaganza! Chapter 3 3 Multimedia Ethics Extravaganza! Chapter 3 4 Multimedia Ethics Extravaganza! Chapter 3 5 Multimedia Ethics Extravaganza! Chapter 3 6 Multimedia Ethics Extravaganza! Chapter 3 7 Multimedia Ethics Extravaganza! Chapter 3 8 Multimedia Ethics Extravaganza! Chapter 3 9 Multimedia Ethics Extravaganza! Chapter 3 10 Multimedia Ethics Extravaganza! Chapter 3 11 Multimedia Ethics Extravaganza! Chapter 3 12 Multimedia Ethics Extravaganza! Chapter 3 13 Multimedia Ethics Extravaganza! Chapter 3 14 Multimedia Ethics Extravaganza! Chapter 3 15 Multimedia Ethics Extravaganza! Chapter 3 16 Multimedia Ethics Extravaganza! Chapter 3 17 Multimedia Ethics Extravaganza! Chapter 3 18 Multimedia Ethics Extravaganza! Chapter 3 19 Multimedia Ethics Extravaganza! Chapter 3 20 Multimedia Ethics Extravaganza! Chapter 3 21 Multimedia Ethics Extravaganza! Chapter 3 22 Multimedia Ethics Extravaganza! Chapter 3 23 Multimedia Ethics Extravaganza! Chapter 3 24 Multimedia Ethics Extravaganza! Chapter 3 25 Multimedia Ethics Extravaganza! Chapter 3 26 Multimedia Ethics Extravaganza! Chapter 3 Multimedia Ethics Extravaganza! Nancy B. Rapoport Gordon Silver Professor of Law William S. Boyd School of Law University of Nevada, Las Vegas http://www.law.unlv.edu/faculty_nancyRapoport.html http://nancyrapoport.blogspot.com/ © Nancy B. Rapoport 2011. All rights reserved. University of Nevada, Las Vegas, William S. Boyd School of Law | (713) 202-1881 | www.law.unlv.edu Setting the stage. From SpongeBob SquarePants (Krabs vs. Plankton) (Paramount 2005). [SNIP] 27 Multimedia Ethics Extravaganza! Chapter 3 Rapoport’s mantras: Clients “know” about lawyers from popular culture. Popular culture doesn’t “know” much about legal ethics. Our pause for some lawyer clichés. Theme songs we know and love. Lawyer clichés: Perry Mason. [SNIP] Perry Mason (Paramount 2008; 50th Anniversary edition) (The Case of the Wary Wildcatter (1960)) 28 Multimedia Ethics Extravaganza! Chapter 3 Our pause for some lawyer clichés. Outrageous arguments. Lawyer clichés: Matlock. [SNIP] Matlock: The First Season (Paramount 2008) (Episode 1—Diary of a Perfect Murder (1986)) Our pause for some lawyer clichés. Lawyers as evil beings. 29 Multimedia Ethics Extravaganza! Chapter 3 Lawyer clichés: Michael Clayton. [SNIP] Michael Clayton (Warner Home Video 2008) So what do clients “know” about lawyers? That we’re cynical. Lawyer as cynic. [SNIP] A Civil Action (Buena Vista Pictures 1998) 30 Multimedia Ethics Extravaganza! Chapter 3 So what do clients “know” about lawyers? That we’re cynical. That we’re greedy. Greedy lawyer. [SNIP] 15 Minutes (New Line Home Video 2001) So what do clients “know” about lawyers? That we’re cynical. That we’re greedy. That we’re exceptionally aggressive. 31 Multimedia Ethics Extravaganza! Chapter 3 Aggressive lawyer. [SNIP] Caddyshack II (Warner Bros. 1988) So what do clients “know” about lawyers? That we’re cynical. That we’re greedy. That we’re exceptionally aggressive. So what do clients “know” about lawyers? That we’re cynical. That we’re greedy. That we’re exceptionally aggressive. And, sometimes, that we’re good. 32 Multimedia Ethics Extravaganza! Chapter 3 Good lawyer. [SNIP] Flash of Genius (Universal Studios Home Entertainment 2009) What popular culture “knows” about lawyers is mostly wrong. It’s wrong about competence. MRPC 1.1: Competence (lawyers must provide competent representation, which requires “the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”) Competence, part 1. [SNIP] Defending Your Life (Warner Home Video 1991) 33 Multimedia Ethics Extravaganza! Chapter 3 Competence, part 2. [SNIP] Double Jeopardy (Paramount 1999) What popular culture “knows” about lawyers is mostly wrong. It’s wrong about conflicts of interest. MRPC 1.7: conflicts w/current clients (can’t represent if would be directly adverse OR even if there’s no direct adversity BUT lawyer can’t “provide competent and diligent representation to each affected client”); can’t represent if “here is a significant risk that the representation of one or more clients will be materially limited by . a personal interest of the lawyer.” Conflict with lawyer’s own interest. [SNIP] Two and a Half Men (Warner Home Video 2007) (Season 1, Episode 21, 2004: “No Sniffing, No Wowing”) 34 Multimedia Ethics Extravaganza! Chapter 3 What popular culture “knows” about lawyers is mostly wrong. It’s wrong about conflicts of interest. MRPC 1.9: conflicts w/former clients (can’t represent if same/substantially similar w/o informed consent OR even if new matter is different but would misuse former client’s confidences). Conflict with former client.* [SNIP] Legal Eagles
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