Marvel Studios newest television show produced for the Disney+ streaming service, SHE-HULK, has put an emphasis on marketing the Attorney at Law aspect of the character. Beyond being a strong, 6-foot-7 tall gamma powered hulk, Jennifer Walters is a superhero who has passed the Bar Exam. After accidentally being infected with her cousin Bruce Banner's blood transforming her into a she version of the Incredible Hulk, rather than wanting to engage in adventures bashing bad guys she wants to continue having court room battles with criminals as a Prosecutor in the District Attorney's Office. So, how will SHE-HULK: ATTORNEY AT LAW portray the legal aspects within the show of its main character having a focus on being a lawyer.
After watching Episode One of SHE-HULK: ATTORNEY AT LAW, here is this lawyer's analysis of what the show got right and wrong when it comes to legal matters. From viewing the first episode it appears that rather than being a superhero adventure or legal drama, SHE-HULK is taking a sitcom approach to its story telling. The show is more like Ally McBeal than Law & Order when it comes to courtroom realism. That isn't a knock but rather just highlighting a view that the show will be more about Hollywood fun with lighthearted situations and comedy rather than action or plot being the most important elements of its episodes. For those concerned about a lack of realism when it comes to court room etiquette and the rules of law, remember this show is about a jolly green giant of a superhero!
There weren't a lot of lawyer moments in the first episode of SHE-HULK: ATTORNEY AT LAW but here is my legal analysis of the three main moments that featured the character engaged in that career:
1) OFFICE SCENE
The show opens up with Jennifer practicing a closing statement for an upcoming jury trial in front of other attorneys and her secretary/paralegal within her Assistant District Attorney office. The office actually looks quite similar to my own office as a municipal prosecutor so I do give kudos to realism for that set. Additionally, I often practice with cue cards in front of other staff aspects of my opening and closing statements as well as questioning of witnesses so as not to be totally dependent on notes when in front of a jury. This segment was spot on in authenticity!
2) CLOSING STATEMENT AT TRIAL
In a criminal trial, the Prosecutor has the burden of proof being beyond a reasonable doubt. That is a high standard to meet! Therefore, when it comes to closing statements in a trial the Prosecutor gets the first chance to make final remarks to a jury then also can give a rebuttal after the Defendant's attorney speaks so as to get the last word in.
During the episode, the Defense Attorney gives a closing statement to the jury before the Prosecutor. They are going out of order. There is a plot reason for this, but the show is more focused on Hollywood script elements than legal rules of procedure when it comes to conducting a trial. The average person wouldn't even notice this, but most attorneys would roll their eyes about this legal error.
3) COUNSEL TABLES IN COURT ROOM
In court rooms there is the judge's bench with a space next to it for his court reporter and bailiff, a witness stand, a jurors seating box, and counsel tables for plaintiff/prosecutor and defense attorneys. The courtroom is then separated by a barrier, known as the bar, that divides the proceeding area from public seating. The term "passing the bar" is based upon attorneys being admitted to practice law and now being able to move from the public seating to the proceeding area of a courtroom.
Sitting at counsel tables will be attorneys, defendants, and sometimes an Officer in Charge (OIC) of a police investigation. In this episode of SHE-HULK, Jennifer's paralegal is sitting with her at the counsel table during a jury trial. That wouldn't happen in a real trial, but becomes an important plot point for circumstances in the show. This scenario is one that most viewers wouldn't give a second thought about, but will have lawyers wishing they would be hired as advisors to the show's script writers. It doesn't impact the quality of the show, but does highlight the show is playing loose with the legal portrayals in it.
Does it matter to you how legally accurate the plots and story elements of SHE-HULK: ATTORNEY AT LAW are when it comes to enjoying the show? I wouldn't let inaccuracies spoil it for you, but I am going to have some fun pointing them out. Looking forward to more court room battles in SHE-HULK to review their legal accuracy. Stay tuned for more updates!
