PEDESTRIAN.TV has teamed up with Slater and Gordon to help you understand your rights.
I don’t like to admit this to people, but I’m a sucker for a good courtroom drama. Whether it’s staying up until 2 am watching Boston Legal, or grinding through a court case in Phoenix Wright for hours. I’m a greedy little piggy that’ll slop hyper-dramatic true crime up.
There’s no denying shows about the law are absolutely riveting. Just look at Better Call Saul, for example, one of the most prestigious and well-written shows in the history of television. Its most famous episode primarily takes place in a small tucked-away courtroom. Just last year, one of the best comedy shows on streaming was a jury duty prank show.
Of course, these shows are fiction and don’t properly represent the systematic process that most cases take. That doesn’t stop people from feeling like they can challenge legal experts on their knowledge of the law because they’ve watched a lot of Suits.
But most of us (hopefully) already know this and understand that US courtroom dramas hardly reflect local law for citizens. But how far removed is a US courtroom drama from what happens in an actual Australian legal court?
We spoke to Teni Sarris, an Associate at Slater and Gordon to explain how US courtroom dramas fail to properly show what an actual courtroom looks like, and how it’s different to the Australian legal system.
In your experience, how have courtroom dramas affected people’s perception of the law?
“First of all, they give the sense that all cases end up in court. The reality of most cases we represent is that they are resolved without our clients ever having to step foot in a courtroom. They also present a warped view of both outcomes and timelines.
In TV and movies, it seems that lawyers get a case one day and are in court arguing over it the next. In reality, cases can take from months to years from start to finish. You work on multiple cases at once, and as a lawyer, they involve many undramatic interactions with experts and the other side.”
Have you ever had an experience where a client has tried to argue with you about the law based on a show?
“Yes, it happens more often than one might think. The usual issue is that these shows can create unrealistic expectations about the possible outcomes. Whenever I meet with new clients, I try to give them a clear understanding of the process, timing and possible outcomes so they can know what to really expect.”
What’s a pet peeve trope in court dramas that irks you when you see it happen?
“I always cringe when I see lawyers get one case and are in court for it that afternoon. That is so rare. The speed with which things happen and the way opposing lawyers talk to one another is often entirely unrealistic. It is much more professional and takes longer in practice. In Australia, you don’t get the dramatic ‘counsel approach the bench’ or ‘you two — in my chambers now’ from judges.”
Are surprise witnesses actually a thing?
“Yes, they are. There are always surprises you cannot prepare for. If a case is well prepared, though, this can hopefully be avoided, which is why having time to gather the appropriate evidence for our client’s case is so important.”
Is there a court drama that nailed how the law is generally represented?
“I can’t say that I’ve seen one that depicts it accurately. A mix of Suits (for the drama), Rake (for the humour), Janet King (for the seriousness) and Fisk (for the lighthearted), I would say is about right from a lawyer’s perspective.
What they don’t show you are the days and nights of work, preparation and non-dramatic moments that make up most cases because we really do want to achieve the best possible result for our clients.”
Can you recall any valuable lessons American court dramas teach people about the law?
“Unfortunately, despite how unfair a situation may seem, you may not always be able to get the outcome you desire. What we pride ourselves on, is our proactive approach to problem-solving for our clients and communicating with them in a way that enables them to see the light at the end of the tunnel. Even if it’s a tunnel they didn’t anticipate they would ever have to walk through.”
How do American court dramas differ from Australian Law?
“In America, there is a much greater culture of people suing one another over all sorts of things, and a culture of multi-million dollar settlements. The reality in Australian law is much more conservative as there are strict rules about what can be awarded by a court if a case is successful.”
What’s it actually like inside an Australian courtroom?
“It is rather formal and theatrical to an extent. But it’s also a real place where real people go to work on real cases and, where the impact on real people’s lives is being discussed, with everyone doing their best. Lawyers and barristers work hard on behalf of their clients — with judges and juries playing a key role. They are places filled with emotion, hope, sadness, bright futures and crushed dreams. You see everything.”
Where’s a good place for people who are curious to learn more about their rights?
“This may be uncool, but go sit in a courtroom. From the lower courts to the higher courts, they are all open to the public. It can be a fun way to spend an afternoon (a classic thing for a lawyer to say).”
If you have any legal questions, or would like to know more about your rights – consider talking to an expert lawyer from Slater and Gordon.
The post Turns Out Watching Suits Might Have Warped Your Understanding Of Australian Law appeared first on PEDESTRIAN.TV .
