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Grey's Anatomy Should Stay Out of the Courtroom

12/10/2013

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A recent Grey's Anatomy episode, "Sorry Seems to Be the Hardest Word" (season 10, episode 9), made it clear that the show should stick to medicine and stay out of the courtroom.  Or at least hire a legal consultant when a storyline turns legal.
Grey's Anatomy: Sorry Seems To be the Hardest Word
In the episode, Calley went to trial in a medical malpractice case.  The mistakes throughout the episode were many and cringeworthy. 

To start with, a period of four months supposedly passed between the time of the act of malpractice (a hip replacement surgery that ended with both legs amputated from an Olympic snowboarded) to the time of trial.  Four months!  Anyone who has had even the slightest interaction with America's court systems knows that nothing moves that quickly.  Least of all a civil lawsuit involving detailed medical information that goes to a jury trial.  Four years would be slightly more realistic.

But, I understand there are more important time needs in the story, so I'll move on.  An even more flagrant problem, and one that had no requirement in teh story, was the confusion between a civil lawsuit, which this was, and a criminal prosecution, which this wasn't.  The writers do not seem to understand something very basic that most Americans should know about their legal system.

There are two completely separate and different legal systems in our country.  Civil cases are where people (or corporations or governments) sue other people (or corporations or governments) for some wrong.  If the person suing (plaintiff) wins, they are usually awarded money.

Criminal cases are where the government (and only the government), whether state, city, or federal, charges someone with a crime.  If the government wins, the defendant might be fined, and/or be sent to jail or prison, or in some cases even be put to death.

The terms used in each of these two systems are often different.  And this is where Grey's Anatomy got so embarrassingly off-track.  After the plaintiff's attorney finished questioning a witness, he exclaimed, "The prosecution rests."  Since this was a civil lawsuit, there was no "prosecution."  There was only a plaintiff. 

SPOILER ALERT  At the end, when the verdict was read, the jury foreperson announced, "Not guilty."  Again, since this was a civil suit, no one could be found guilty or not guilty.  Those terms are only used when someone has been charged with a crime.

There were several more minor errors throughout the show.  Most of these problems could have been easily corrected by having a legal consultant read through the script and/or be present for filming. 

The result of so many basic and easily-fixable errors was that the show looked poorly researched and inauthentic.  If their medical errors are as bad as their legal ones, I have to seriously question this show's credibility.  Not that a medical or legal show has to bee 100% accurate, but such basic mistakes can seriously undermine the show.
Grey's Anatomy: The Complete Ninth Season
To avoid similar mistakes, get your free writer's guide revealing the Top 7 Mistakes Made by Writers of Crime, Mystery, and Legal Drama.
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Free Screenwriting Classes, Including Crime and Criminal Law Panel

5/14/2013

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I am going to be speaking on a "Law and Disorder" panel at the upcoming Great American Pitchfest.  The panel, like most of the other classes, is completely free.

The Pitchfest is aimed at screenwriters, but the Law and Disorder panel is applicable to anyone who writes in the genres of crime, mystery, thriller, or legal drama.  I understand that a veteran detective and an ex-con will be on the panel with me, so it should be a lively and well-rounded discussion. 

The pitchfest is an all-weekend event.  For more information on this excellent resource and opportunity for screenwriters, check out the event site.

Details
The Law and Disorder panel will be:
Saturday, June 1, 2013
9:00-10:30 a.m.
Marriott Burbank Hotel and Convention Center
2500 N. Hollywood Way
Burbank, CA 91505

You can RSVP for this free class here.

If you will be in the Los Angeles area, come watch the panel and learn a little something.  If you come, be sure to say hello!

Sign up for my free eBook revealing the Top 7 Mistakes Made By Writers of Crime, Mystery, and Legal Drama.
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Here Is Some of the Great Feedback I've Gotten Recently! Thank you!

2/11/2012

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I'm not one to brag - at all - but I thought I'd share just a few of the nice things people have had to say about my criminal law information and advice recently:

* “Nothing beats going to the source for accurate information on any topic.” – Alex C., bestselling fiction writer

* “What wonderful ideas!  This is all very helpful.  I’m so glad you mentioned talking to attorneys in particular because I think that’s where one can get a realistic perspective on a trial.” – Margot K., mystery novelist

* “Excellent advice.” – Jack L., fiction writer

* “I really enjoy legal thrillers, but you are right – seems SO intimidating to think about writing them.” – Hart J., fiction writer

* “Finding a lawyer to consult and beta read, at the very least, is a great idea.” – Hart J., fiction writer

I love getting honest feedback.  Thanks to everyone who has commented and let me know what you think!  Fore more great reviews, check out my new testimonials page.

Get your free Writer's Guide, which reveals the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama. 

Or contact me for a free initial consultation on your project. 
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Documentary Filmmaker Emphasizes Need to Understand Legal Background and Framework in Murder and Mystery Films

12/8/2011

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Joe Bailey Jr., the director of an award-winning documentary, "Incendiary," told CNN that legal knowledge gave him confidence in the choices they made when making the film. 

Bailey's film, "Incendiary," explores the legal, scientific, and political impact of a Texas arson murder case.  Cameron Todd Willingham was executed in 2004 after being convicted of murder in the house fire deaths of his three young children.  The film questions the scientific accuracy of arson investigations and the legal ramifications of a death sentence.

Bailey describes the film as "equal parts murder mystery, forensic investigation and political drama.  What we found so fascinating about the case and the story was the way that law and science and politics collide in this story in a really kind of life and death struggle."

Bailey had a law degree, which he found helpful in exploring the case.  Despite his law degree, Bailey consulted with his wife, who is an attorney, as well as law professors, to help him understand and portray his subject in depth. 

"I feel that a lot of people who are making films about legal things occasionally get things wrong, and it's really frustrating," Bailey told CNN.  "But more often they'll gloss over the process and the legal meat of a subject because they're afraid of it."

That's the essence of why I consult with writers and filmmakers.  I remove the doubt and fear out of criminal law topics, and help you get it right.  You don't have to be a lawyer to create authentic and knowledgeable crime and legal projects.  But it helps to have a knowledgeable, experienced criminal lawyer in your corner. 

Contact me for a free initial consultation.  Or sign up to receive my FREE Writer's Guide:  Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
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How To Choose an Expert Consultant - 7 Tips

10/12/2011

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Yesterday, I discussed five tips for non-lawyers writing about crime and criminal law.  The last tip was to consult an expert to review your draft or answer your questions.  Once you decide you could use some advice from an expert consultant, how do you choose one? 

Here are a few things to consider:

1.  Expertise:  Make sure the person you're consulting is an actual expert.  Do they have real world experience as well as book smarts about the topics you're interested in?

2.  Simplicity:  Can the expert discuss complex legal issues in a way that is easy for a non-lawyer to understand?

3.  Passion:  You want to work with someone who loves what they do and loves what you're doing.

4.  Educating:  A good expert educates at every opportunity (whether they're being paid or not).  You 'll learn the most from someone who naturally and constantly shares their knowledge.

5.  Time:  Make sure the expert you're consulting with has time for you and your project.  If your emails or phone calls aren't being answered in a reasonable time (like 24 hours), start looking elsewhere. 

6.  Flexible pricing:  Not every project or consultation is the same.  An expert should be flexible enough in their pricing to work with your budget and needs.  Sometimes a project may require a flat fee, an hourly rate, or a per page rate.  Look for someone who is open to your particular needs.

7.  Free initial consultation:  Any expert consultant worth their salt will be willing to spend time to get to know you and your project before charging.  A free initial consultation allows you to feel out the consultant and decide whether they will be right for you and your project.

Contact me for a free initial consultation.
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Writing Authentic Crime or Legal Fiction - 5 Tips

10/11/2011

4 Comments

 
Taking on a subject like crime or criminal law can be intimidating.  In the world of criminal law, there are innumerable rules, practices and procedures.  Criminal lawyers speak their own language.  To write a good crime or legal story, a writer needs to have credibility. 

Credibility comes from understanding and working with the rules of criminal law and from speaking the criminal law language.  But you don’t have to be a cop or lawyer to write about crime or criminal law with authenticity.  Here are five tips to get started:

1.  Brainstorm:  Physically write out brainstorming ideas without regard to order, quality or completeness.  Just start writing, and let the ideas flow.  Creating a great plot and characters is the first step in any genre.

2.  Get Inspired:  Read great crime books, and watch great legal drama movies.  Read about crime in the news.  Follow interesting trials.  Watch true crime stories on television and read true crime books.  You never know when something you read or see will spark your next story.

3.  Outline:  Whether organized by chapter, act, scene, character or plot point, outlining is a critical organizational tool.  The more complex the story, the more important an outline.  Outlining can be especially important in a crime novel or legal drama because your story needs to fit within the rules of the criminal law world. 

4.  Educate Yourself:  Read up about criminal law on the internet and in books.  Look for information specifically targeted to the non-lawyer, like that in the Rescources section here.  Watch real trials.  Watch true crime shows and read news stories and true crime books (but be aware that they often leave out details you might want to know).  Do not rely on talking head lawyer commentators or other criminal law fiction. 

5.  Consult an Expert:  When in doubt, ask a question.  As you brainstorm, outline and draft, keep notes of questions that come up.  Then find an expert you can use as a trusted resource. 

Check out tomorrow's post about how to choose an expert consultant.  Contact me for a free initial consultation.

Following these tips will give you confidence to create within the world of criminal law and to write crime and legal stories with authenticity.
4 Comments

"Is This Realistic?"

9/16/2011

0 Comments

 
This is the most common question I get:  a writer has a story idea, a scene, a plot twist or a character action and wants to know, "Is that realistic?"  

A common goal for writers and filmmakers is to create authentic crime and legal elements in their stories.  Would a prosecutor really do that?  Would a witness be allowed to testify to this?  Is this a correct use of a legal objection?    Is that hearsay (and what exactly is "hearsay")?

There are of course a million variations to this question, and that is partly why I decided to offer criminal law consulting services to writers, producers and filmmakers who want to get it right.  (Of course, poetic license allows you to discard reality and do whatever best suits the dramatic needs of your story.  But even then, a writer should at least know the right way and make a conscious and informed decision to do things differently.)

If you have a question about whether a legal scene you're working on is realistic, contact me for a consultation.
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    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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