Philadelphia (1993)
Relevant to this Segment
- Notice the importance of research in the film especially by Tom Hanks and Denzel Washington's characters in finding authority for their positions regarding wrongful termination. The key to the case came down to the question of whether there was any legal precedent that would have prevented the firm from firing the attorney for having AIDS, if that were proven to be the case. Even though Washington is in a David v. Goliath position, how can strong "authority" even the playing field?
Our thoughts: Authority is everything. If the authority is on your client's side, you have a much better chance of winning the case. If you do a lot of research at some point you will find something no one on either side found. You will be a hero to your attorney and your client.
- The panic of the law firm and Tom Hanks' character during the scenes where the complaint is lost if very real. A lost document or missed deadline can be deadly to the career of any legal professional. What can a paralegal do to help prevent such a situation?
Our thoughts: Most important, keep a well-maintained file folder. That is why in this program you are required to maintain your client's folder. Keep up your index. Put the documents in their appropriate panels. Start developing good habits now. Also, keep your computer files well organized with detailed folders for each client, including folders for pleadings, correspondence, discovery documents, motions, and any other relevant folders. However, this does not replace the client file. The file contains original documents that may be required, and while your computer will have your files, the client file will have your files, the attorney's file, the opposing counsel's files, handwritten notes, photos, etc. So take care of it!
Bonus Hint: If a file is missing and can't be found anywhere and you are about to panic, take a deep breath, go to the parking lot, and look in the trunk of the attorney's car. We're pretty sure it will be there! :-)
- Notice the change in personality and attitude when the lawyer (Tom Hanks) becomes the client. Observe the sense of vulnerability and fear. This coming from a client who is a lawyer and knows the law. Consider how a client in a more typical litigation might feel, and how you as a paralegal can help to keep that client informed and feeling supported.
Our thoughts: One real advantage the paralegal profession has is that we are thought of as more approachable and understanding than lawyers as a whole. This isn't to disparage attorneys, but it is something that you should take pride in. You don't want to be a "buddy" to your client, or make the relationship personal, but if you can be both professional and sensitive to the client's dilemma your client will appreciate it.
- If you have time after completing your assignments for this Segment, try researching the question of "wrongful termination" and "AIDS" or "contagious disease" using Westlaw or Lexis just to see what you can find. It will help you get more comfortable with the layout of those research sources.
Our thoughts: This wasn't required, but you may have found some interesting results. As a paralegal I worked on a case that was one of the first AIDS-related cases in Colorado. The defendant was a drug addict who had been arrested. While in the ambulance, despite his restraints, he was able to bite the ambulance driver. The District Attorney charged him with attempted murder. At that time the ONLY authority relevant to the issue was in a legal periodical. It used existing cases that dealt with other communicable diseases, combined that with existing cases that dealt with nontraditional deadly weapons, and came up with a set of guidelines for when such a set of facts would constitute murder charges, and when they wouldn't. It taught me a lesson: when desperate, go to the periodicals. (In fact, a later chapter in your manual is titled "The Desperate Researcher.")
Classic Film Recommendation
- The Star Chamber (1960) starring Michael Douglas and Hal Holbrook.