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John Denvir, who teaches constitutional law at USF Law School, is editor of Legal Reelism: Movies as Legal Texts, available at local bookstores or through amazon.com.

 

 

 

 

 


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One of the most deep seated neuroses in modern corporate culture is the repression of anxiety and depression. People work so hard to be "positive" and "upbeat." Yet often it’s not very convincing.

 

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It’s essential to a democracy that citizens be allowed to define themselves rather than be forced to accept the majority culture’s definition. Isn’t this a message which is important that we all hear?

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What Ails Ally?

by John Denvir
 
   "Ally McBeal " has lots of critics these days. Let’s evaluate the charges.

   Some say the show is unrealistic. It’s true that it is not a mirror image of any existing law firm, but art always gives a heightened image of everyday reality; otherwise we wouldn’t watch. Just as there is no quartet of friends in Manhattan like Jerry, Elaine, George, and Kramer, there is not "real" counterpart to the firm of Cage and Fish, but it is because of its excesses that "Ally" is able to provide us us with a biting satire of modern corporate culture, a social system which includes but goes well beyond the practice of law. It points out that lots of talented people work extremely hard for no goals more lofty than professional prestige and financial success. For them the job too often substitutes for a satisfying personal life both in terms of meaningful relationships and just plain fun. "Ally" hints at an alternative "reality" where people end every work day with drinks and dancing with friends. And Ally reminds us of the importance of "silly." Is it appropriate for a young lawyer to sing back-up to Tina Turner? Sure-- if she’s got the moves. So I would vote "thumbs down" on the "realist" critique.

   But Ally is so neurotic. What’s so unrealistic about that? One of the most deep seated neuroses in modern corporate culture is the repression of anxiety and depression. People work so hard to be "positive" and "upbeat." Yet often it’s not very convincing. I think they would benefit from more a little more anxiety, worrying whether the time commitments necessary to professional success rob them of the opportunity for a satisfying emotional life. Ally always puts the personal first. Isn’t this a "healthy" neurosis?

   But then critics say there isn’t any law in "Ally." Actually almost every episode involves a lawsuit of some sort. And the legal dispute always has political content, raising the issue of the connection between law and justice. It’s true that "Ally" creator David Kelley has not given Ally McBeal herself much of a role in these issues. Kelley usually assigns the "justice brief" to Ally’s friend and alter ego, John Cage. Who is Cage? Well, first of all, he’s even more neurotic than Ally. I guess mere mention of his tree frog fetish is sufficient documentation of this fact. Secondly, he’s a very talented lawyer. Lastly, his clients usually tend to be "outsiders" like himself who are trying find a way to fit into an intolerant corporate culture. Cage’s courtroom strategy is always the same. Ignore the law and speak to the heart.

   In a recent episode, his clients were an African-American transvestite and a man who suffered from Turett’s syndrome which caused him to whistle and clap at inappropriate times. These two had been fired by a design firm, not because their design work was not up to par, but because their appearance presented the wrong image for the business. This is the quintessential Ally McBeal case: a lawsuit for wrongful termination where the plaintiff is someone who is being fired because of some "weirdness" not directly related to his or her ability to do the job.

   Cage is a brilliant courtroom lawyer whose arguments always sound in equity rather than law. He gives the jury a beautiful little homily about how it feels to be a "weirdo" persecuted by your high school peers, but that the reward is that as an adult your eccentricities will be accepted if you are productive. Cage is clearly speaking about himself as much as his clients. He is telling us that weirdness is wonderful, a social asset to be protected. It’s essential to a democracy that citizens be allowed to define themselves rather than be forced to accept the majority culture’s definition. Isn’t this a message which is important that we all hear? In a neat counterpoint, Kelley also shows how difficult a virtue tolerance is to practice as opposed to preach. Ally has to confess that she turned down three otherwise attractive suitors because they didn’t fit her cultural prejudices; one because he was "homeless’, another because she he had a horse-like laugh, and a third because he was bi-sexual.

   So I think that most of the criticisms of "Ally" are simply wrong, but there is another criticism which I think is right on point. Ally herself is never shown as a competent professional. It’s always Cage making the eloquent jury summation while Ally makes small talk back at the office. Even worse, she’s often engaging in inappropriate behavior in court. In one recent episode, while listening to gripping testimony of a murder, she continually emitted oohs and aahs as if she were listening to a ghost story around a camp fire instead of assisting at a trial. It would be one thing if Ally were shown to be an great lawyer who has a zany side, but zany seems Ally’s only side. She’s portrayed as a yuppie Lucy Ricardo. Since young female lawyers are always battling to be taken seriously as professionals, I wonder why Kelley indulges this stereotype.

   Here the contrast with Lindsey Dole on Kelley’s "The Practice" seems especially striking. Lindsey’s neurotic too, but she’s also helluva lawyer. In a recent episode, she faced down a prejudiced judge by staging a walkout of the entire defense team. The judge threatened contempt, but she quickly replied she’d rather go to jail for contempt than accept second class treatment. He caved in. Good, tough lawyering is not gender-specific. Of course, Lindsay has her neuroses too. She appears to have adopted the "warrior" model of lawyering to an extreme. It’s hard to imagine her discussing much other than trial tactics with her boyfriend Bobby Donal.

   Maybe Kelley believes that the quirkiness of Ally and the competence of Lindsay can’t be combined. If so, he might rewatch "Adam’s Rib", paying especial attention to the Katherine Hepburn character. There we see a woman lawyer who is smart, tough, passionate, and sexy– attributes all lawyers should aim for.

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 Related Picturing Justice Articles
Legal Tender: Reconsidering Ally McBeal by John Denvir

The Music of Inner Justice in Ally McBeal: by Chris Jackson 

Don't Call Me Ally by Lisa Friedman

 

 

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