The Hero-Lawyer: Dreaming of Finches and Mockingbirds

by Mark M. Murakami What more can be said about perhaps the greatest and most-loved lawyer film of all time? When the American Bar Association asked lawyers to name their role model, they didnt choose Thomas Jefferson, Abraham Lincoln, or even Clarence Darrow. Instead, they chose a fictional lawyer, Atticus Finch. A small town, walk-to-work single father who maintains a general practice of contracts, wills and the occasional criminal defense case. A soft-spoken thinker whose morals are foundational to his practice and his family life. So high is regard for Atticus Finch, the survey had to create a separate category for his character, and in 2010, the ABA honored both the book and the film with a resolution praising the positive role which Mockingbird has had in the lives of lawyers and American society. It should be no surprise, therefore, that when the ABA surveyed its members, it announced Mockingbird as the greatest legal movie of all time, beating out such luminaries as Anatomy of a Murder, 12 Angry Men, Witness for the Prosecution, and even My Cousin Vinny. When we first evaluated Mockingbird for inclusion in the film series, I hesitated because it is a film so well-loved and so He focuses on widely regarded, most everyone would already be familiar with this complex commercial classic and might not be inclined to view it again. Yet, having disputes, land use and eminent reviewed the film, I realized the values it first embodied have since domain, and ocean become even more relevant. As a result, To Kill a Mockingbird is and maritime law the only film in the series with an extra screening.
Mark M. Murakami is an attorney at Damon Key Leong Kupchak Hastert.

Atticus did not attend an elite law school, work on Wall Street, or represent monied interests in the Supreme Court. His practice comprises matters typical to a small town general practitioner. But he is a good father, a conscientious citizen and perhaps above all, has the courage of his convictions, willing to address unpopular issues when no one else has the strength or desire to do so. Standing alone against a lynch mob armed only with words and his abiding morality, Atticus represents what author Scott Turow calls the paragon of lawyer morality: a

champion willing to make a stand even if his client, as an African-American accused of raping a white woman, is the most reviled man in their rural Deep South community. Lawyers may dream such dreams, and with a moral certainty which decades of hindsight has provided, today each of us might confidently proclaim that, were we in Atticus position, we surely would have done the same. But would we? In my mind, the most interesting scenes in To Kill a Mockingbird do not occur in the book or in the movie. Indeed, they take place once weve left the story: would Atticus law practice have returned to its pretrial equilibrium after he had represented Tom Robinson, successfully or not? Or would his neighbors instead hire another lawyer who had not dared to represent a pariah, one who had not shamed the community by exposing its prejudices and who would not so acutely remind them of these failings? We hope not, and trust that Atticus continued writing wills and conveyances for his neighbors, who understood he was upholding a tradition which would include John Adams who, even though he was an American patriot and would later become President, defended British soldiers accused of the Boston Massacre. But we really dont know. Were Mockingbird reality, after the films end, Atticus law practice might easily have failed for lack of clients. Knowing these possible consequences, would we have the same resolve if presented with todays analogous case, one equally defiant of the prevailing norms as was representing a black man accused of raping a white woman 80 years ago in the land of Jim Crow? In some situations, our modern Atticuses are easy to identify: the lawyers in a small courtroom in Kapolei or Kona helping an immigrant family navigate our legal system, and others who contribute their time without charge to represent those who cannot afford legal services. But what about Jacques Vergs, the French lawyer profiled so memorably in Terrors Advocate whose client list includes Pol Pot, Klaus Barbie, and Carlos the Jackal; or those who defend Guantanamo detainees? And what of our own lawyers closer to home representing those who challenge Native Hawaiian preferences? If we would undoubtedly hire Atticus, would we also hire these lawyers in spite of other arguments they have made and the clients they represent? Could any of them also wholeheartedly lay claim to the title of another Atticus Finch? _____________________ About the presenter A partner at Damon Key and, more impressively, son of the weekend manager of the nowdefunct Holiday Theater in Kailua, Mark practices all aspects of civil litigation, focusing primarily on real estate, land use, condemnation and valuation. He spent thirteen years on active duty in the Coast Guard, spending many nights at sea watching videos courtesy of the Navy Motion Picture Service. Unfortunately, popular movies onboard Coast Guard ships run the gamut from Duel to The Wash to Team America: World Police, so Mark is eager to discuss meatier fare. These days, he watches videos at home and the closest he gets to the sea is his blog about ocean environmental issues, shoreline law and admiralty, www.hawaiioceanlaw.com. Contact Mark at mmm@hawaiilawyer.com.