My Cousin Vinny (1992)

We saved the best for last.

Well, at least the funniest! Two teenage boys from New York are traveling down south when a series of coincidences lands them in jail charged with first degree murder. They can't afford the $50K for an attorney so they call the lawyer cousin of one of the boys. Vinny is a stereotypical New Yorker who is initially a complete disaster, but can he get them off the hook ?

Behind the humor is actually a very procedurally intense storyline. At every turn Vinny trips over himself because he does not understand what procedure is, much less which specific procedures apply to this case. The British director of this movie actually hired three attorneys to ensure that the movie was accurate to the American judicial process.

Warning: This movie has a lot of strong language. If you are offended by this you may want to watch a version on television, if possible. Then again, if you are offended by strong language you may not want to work in a law firm. Unfortunately many, if not most, law firms use strong language frequently!

What to do
Get some popcorn, rent the video, and watch the movie. Consider the themes and questions presented below. Even if you have seen it before, watch it again from the viewpoint of a paralegal-to-be.

Major Themes
Prosecution; procedure; evidence; interviewing; examination

Relevant to this Segment

1. There is a scene in a hotel room between Vinny and his fiance, Mona Lisa - played by Marisa Tomei (who won the Academy Award for Best Supporting Actress for this role). Vinny just comes back from a hunting trip with the prosecutor and is proud to have "bonded" with him so well that he gave Vinny his files on the case. Vinny is convinced that his charm saved the day. Mona Lisa, who has been browsing through the Rules of Court in Vinny's absence, sets him straight. "He has to give you his files, you moron. It's called disclosure!" Vinny looks befuddled. Is this just Hollywood, or is it possible that attorneys just out of law school are really that clueless?
   
   Our Thoughts:
   It is not only a real possibility, but is probably fairly common. Law schools do not teach procedure thoroughly. Law school concentrate on legal theory, such as what facts are needed to constitute a claim, or a potential defense. Law schools have been criticized, especially by attorneys, for the lack of real-world training in the skills actually needed to be an excellent lawyer. Such as research, document organization, document preparation (legal writing), and, yes, procedures for trial.
   
   
2. The critical scene occurs when a reluctant Mona Lisa is forced to testify using her general automotive experience. (She used to be a mechanic in her father's garage.) Before Vinny can begin his examination, the prosecutor objects and asks to "voir dire this witness." He then does so. Why is this a mistake, and what could the prosecutor have done to avoid it?
   
   Our Thoughts:
   The attorney should have asked for the jury to be excused so they would not hear the testimony. Imagine if the judge had ruled that Mona Lisa's testimony was, in fact, not admissible. Well, too little too late, right? The jury already heard the testimony. In fact, her credibilty was greatly enhanced due to the interaction, making her eventual testimony even more powerful. A good attorney would ask for the voir dire to be conducted in the absence of the jurors. However, even in the real world, this is often forgotten by many attorneys. You might be able to help your attorney some day by simply asking, "Should the jury hear this?"
   
   
3. Fun Fact: There is actually an error in the storyline. A set a circumstances that don't add up. It has nothing to do with the law. Can you spot it? Hint: it is in the last 10 minutes of the movie.
   
   Our Thoughts:
   Okay, this is a bit complex.
   
   There is a scene where Mona Lisa and Vinny get in a big fight at a diner, and Mona Lisa storms out in a huff. Note that Vinny and Mona Lisa do not see each other again until much later.
   
   Fast forward a few minutes. Vinny is confronted in chambers by the judge as to his real identity. He says that "Jerry Gallow" is dead. Vinny tells the judge that he got the name wrong when he tried to check up on him with a New York court clerk. His name is "Jerry Callow". The judge tries to call the court direcly but they are out. So Vinny has until after the afternoon session until the judge will likely prove that he has been lying.
   
   Now fast forward to the courtroom. Vinny is about out of luck and can't seem to find anything else to argue. He is looking at some pictures that Mona Lisa took. Suddenly he sees something and asks for a 5 minute recess. He finds Mona Lisa, drags her inside, she is forced to testify, and basically wins the case.
   
   Vinny and Mona Lisa get out of town as quickly as possible, with Vinny confused as to why the judge, right before they left, apologized to him for doubting his identity.
   
   As they are driving away, Vinny, befuddled, asks Mona Lisa "What the **** was that all about?" Mona Lisa tells Vinny that she called the judge in New York to verify the qualifications of a "Jerry Callow." The name Vinny has been using.
   
   Here is the problem: Mona Lisa COULD NOT HAVE KNOWN about the name "Jerry Callow," or that the judge was going to be called! All of that happened after Mona Lisa stormed out. Vinny never had a chance to tell her about it, and she was not in the judge's chambers to hear it.
   
   But it was still a great, great movie!

Alternate Film

• Runaway Jury (2003). Another Grisham thriller with John Cusack, Rachel Weisz, Gene Hackman, and Dustin Hoffman.

Additional comments will be provided at the end of this Segment.