Gregory W. Alarcon LOS ANGELES SUPERIOR COURT July 2019 Issue Groucho Marx can make you a better lawyer GROUCHO DID SOMETHING WE SHOULD ALL HOPE TO DO: BE BRILLIANT AND STAY RELEVANT In my room, growing up, was a Groucho Marx has had a personal has been practicing law for 20 or 30 poster of the Marx Brothers. They would impact in my life three times. The first years, has only tried one or two jury become silent mentors to me, teaching was through my adolescence – watching trials. Many mistakes made by counsel me through their films and writings, to the films – and seeing his glorious sneer would never have been made had that communicate better, to entertain, and to from the poster of the Marx Brothers in lawyer gone through the necessary make an impact. There was Harpo, with my room, which influenced my thinking, preparation from years of training his clownish wig, his harp, his huge eyes, my attitude, and my approach to life. before persuasively arguing a case in his gift of mime, and his bits of wisdom The second was when I took a class front of a jury. which made surrealist Salvador Dali a on filmmaking immediately before law fan. There was Chico, with his mock school from Nat Perrin (1905 -1998) a Surround yourself with people foreign accent, forever sporting non- screenwriter and producer who began as smarter than you sequiturs which later became a model for a lawyer but switched careers when he Contrary to trying to be the smartest future clueless characters with a secret became one of the writers of the Marx person in the room, Groucho Marx sur- agenda. There was Zeppo, the straight Brothers’ most critically acclaimed film, rounded himself with people smarter man, who left the brothers early on to “Duck Soup” (1933). than him including George S. Kaufman, work on the business end of Hollywood. Finally, as a deputy district attorney T.S. Elliot, S.J. Perelman, Carl Sandburg, But the strongest memory and influence assigned to the courtroom of the late Frederico Fellini, and many others. They was Groucho. Whether it was the painted Judge Jacqueline Weisberg, I observed provided him with knowledge, encour- mustache, the slouching walk, or the the post-trial hearings of a lawsuit involv- aged him to become an author, and kept rapid-fire repartee, it was Groucho who ing the estate of Groucho Marx involving his humor sharp. Lawyers have many I remember most. the personal secretary/confidant of organizations such as the Inns of Court, Groucho Marx should be an inspira- Groucho Marx, Erin Fleming, who was the County Bar, ABOTA, among many tion for any lawyer because of his films, successfully sued for taking assets from others, where they can learn from those his long running television show “You the Groucho Marx estate. who are more knowledgeable to become Bet Your Life” (1950-1961), and his non- A lawyer can benefit by having more educated about the legal landscape conformist spirit. Groucho Marx did Groucho Marx silently trail you in court, and its challenges. something that we should all hope to analyzing your arguments, giving you a do: be brilliant and stay relevant. If you viewpoint, helping you connect with Find a mentor watched early Marx Brothers films – the jury and having at your disposal his In Hollywood, the Marx Brothers Cocoanuts (1929) Animal Crackers (1930), pithy lines. had one mentor willing to take a chance Monkey Business (1931), Horse Feathers Groucho Marx captured a madcap on their chaotic brand of humor, Irving (1932) Duck Soup (1933), A Night at the freshness that can be persuasive, instruc- Thalberg. At 26, he became the head of Opera (1935), or A Day at the Races (1937), tive, and, in a comic manner, be instantly production at Metro-Goldywn Mayer. you would be struck by the lightning accessible to the jurors, to persuade them After Thalberg died at age 37, the Marx speed of the comic dialogue, the to a lawyer’s point of view. Brothers then had Louis B. Mayer take sparkling wit, and a brilliant word First, I talk about how Groucho his place. Mayer never saw the potential that even awed comic film genius Marx’s career can be a model any lawyer greatness in the team, so their films fal- Charlie Chaplin. can learn from. Then, I offer quotes from tered, causing them to leave the studio Groucho Marx’s words still have rele- Groucho Marx and his films that are with their greatest films behind them. vance today. His words were recently instructive and can humorously make While surrounding yourself with people quoted in the Marriage Equality Act law- a point. smarter than you is important, having suit in Perry v. Brown (9th Cir. 2012) 671 Success doesn’t happen overnight one person focused on your career can F. 3d 1052, 1078. The late United States have a lasting significance. Circuit Judge Stephen Reinhardt quoted The Marx Brothers were hardly an Groucho Marx’s pithy comment overnight success. For over two decades, The Marx Brothers tested their “Marriage is a wonderful institution … they worked in vaudeville first as singers, material before it was committed to but who would want to live in an institu- and then as comedians, before they ever film – Lawyers should do this too. got near a Hollywood sound stage. tion?” In a sly manner, the Ninth Circuit Generally, we think of films being Lawyers can learn from Groucho Judge added a measure of lightness and pitched, written, shot, marketed, and Marx that professional competence hap- an alternative way of looking at mar- then released all without an audience. riage, from Groucho Marx, the master pens after years of experience. So often, of observational humor. I discover that a lawyer in my court who See Alarcon, Next Page Judge Gregory W. Alarcon, continued July 2019 Issue By contrast, the Marx Brothers would take offense” with a well-placed letter that was could show a jury how they shouldn’t be proposed scenes from their upcoming film likely intentionally leaked to the public. swayed by positions that are rigid and fail and perform them live on stage. Before a The letter poked fun at the threat of a law- to consider the entire case. foot of film was shot, they would know suit, the idea that the city of Casablanca By contrast, to give an example of what jokes worked, where to pause for a belonged to Warner Brothers and suggest- Groucho Marx’s individualism, in Annie laugh, and when to condense the material. ed the public would hardly mistake Ingrid Hall (1977), Woody Allen begins the film Lawyers can do just what the Marx Bergman for Harpo Marx. Finally, he con- with a quote from Groucho Marx. When Brothers did with the same positive cluded that Warner Brothers should not be he was offered a membership at a coun- results. While lawyers can use costly mock to blame for considering a lawsuit, but try club, he turned it down, saying, “I juries to critique previews of opening rather the lawyers, which he described as would never want to belong to any club statements, closing arguments, and a con- “some ferret- faced shyster serving an that would have me as a member.” This densed version of the trial, more modest apprenticeship in their legal department. quote gives us a broader view of Groucho versions of this previewing process can I know the type – hot out of law school, Marx as an iconoclast who sticks up for also be done. Performing portions of your hungry for success and too ambitious to his beliefs and is not afraid to battle the case to colleagues and even to family or follow the natural laws of promotion…” status quo, just like an exceptional lawyer. friends, and listening with a thick skin to Whether Warner Brothers was simply Lawyers are often placed in a posi- evaluations, can greatly improve your doing due diligence as to the plot and tion where they have to stand up against work before it is presented to a jury. character similarities of A Night in some wrong caused by the opposing side. Often, I have a lawyer tell me they Casablanca and their classic film, Warner Whether it is an individual, a corpora- wrote their closing argument the night Brothers pursued no legal action. The tion, or a government entity, often a before, that no one has ever heard, but lesson from Groucho Marx’s letter is lawyer must walk up to the podium and they proceeded with the argument. This that humor can sometimes help resolve speak on a position that may be unpopu- practice deprives counsel on several a problem before it occurs, particularly lar. If you watch any film by the Marx fronts. First, a closing argument should be when humor is mixed with logic and Brothers, you will see this moment written before jury selection. Second, not commonsense. and, in standing up to his adversaries, showing an argument – or opening state- Generally, I see more success with Groucho Marx is a striking mentor. ment to others before it is presented – this approach when lawyers deal with robs counsel of honest evaluation, before each other face to face rather than Beware of opening the door and the relative permanence of a jury verdict. through the netherworld of texts, emails, know the probable answer of a Take advantage of your colleagues and and letters. But Groucho Marx’s gift for a question before it is asked ask them to tell you the truth about well-crafted letter is one we can all learn what you have planned for your case, from.