Michael Asimow Discusses His New Book on Truth and Trickery in Courtroom Movies

What movie fan doesn’t love a good courtroom drama?

In Real to Reel: Truth and Trickery in Courtroom Movies, co-authors Michael Asimow and Paul Bergman dissect over 200 movies that “take place in a courtroom, defined broadly enough to include pretrial discovery, plea negotiations, jury deliberations and appellate court arguments.” Michael Asimow is a professor at Santa Clara Law School and a professor of law emeritus at UCLA Law School. Paul Bergman is a professor of law emeritus at UCLA Law School.

The films in their book range from classics like To Kill a Mockingbird to fact-based dramas (Judgment at Nuremburg), comedies (My Cousin Vinny), and intriguing lesser-known fare such as Never Take Candy from a Stranger. Each film review includes a synopsis, an analysis of the courtroom events that “distinguishes truth from trickery,” and production notes. The authors also provide extensive details on the actual cases that served as the basis for fact-inspired films.

We had the opportunity to recently discuss Real to Reel: Truth and Trickery in Courtroom Movies with co-author Michael Asimow.

Café:  What inspired you and your co-author Paul Bergman to embark on the fascinating endeavor of analyzing the courtroom scenes of over 200 movies from their legal and ethical perspectives?

Michael Asimow:  Paul and I love old movies and we love the law. We’ve had long and great careers as law professors. And we thought we’d bring our passions together by providing a guidebook to courtroom movies. It will enable our readers to find courtroom movies from the 1930s to the present that they’ve never seen or to revisit the ones they saw years ago. We provide a rating scheme (of one to four gavels) for each film to help readers select the best ones. We hope our discussions will help answer the questions viewers might have after watching the films. 

Café:  Aside from tracking down all the movies, what was the most challenging aspect of writing Real to Reel: Truth and Trickery in Courtroom Movies?

Michael Asimow:  One challenge was to provide a gentle analysis of the films that would be fun for non-lawyer readers to think about without getting too technical, yet not oversimplifying serious issues. Another big challenge was dealing with "reality." Of course, courtroom films aren’t "realistic." If they were, they would last for eight days and be indescribably boring. These films aren’t documentaries, they are entertainment vehicles. Filmmakers have to select the best bits of the trial process and make them as dramatic as possible. We don’t want to criticize the filmmakers for taking those necessary shortcuts, yet we wanted to let readers know when the films depart too far from courtroom procedures or legal ethics. That was a serious challenge. 

Café:  Based on your analyses, which movies feature the most believable lawyers or do the best job of presenting a case realistically?  

George C. Scott and Lee Remick in Anatomy of a Murder.

Michael Asimow:  Our all-time favorite is Anatomy of a Murder (1959), the classic film starring Jimmy Stewart and George C. Scott. Almost all of it is a gripping murder trial, with two great lawyers going after each other, full of twists and turns and with an ambiguous ending. Watch this movie—you’ll be amazed at how good it is.  

Café:  I know you teach a course on "Law and Popular Culture," but have you ever used a movie’s courtroom scene to emphasize a point or stimulate discussion in other law school courses?

Michael Asimow:  Oh, sure. Paul uses courtroom scenes in teaching evidence and trial practice and I use them in teaching contract law. When students see the great actors entangled in legal problems and procedure, they remember it long after they’ve forgotten what the professor said. 

Café:  One of the most interesting aspects of your book is where you describe the actual cases behind fact-based films such as Compulsion, Inherit the Wind, and Marshall. What are your favorite fact-based courtroom dramas and why?

Humphrey Bogart in Marked Woman.

Michael Asimow:  So many of the films we discuss are based on actual trials like the three ones you name. We love the recent ones like The Trial of the Chicago 7 (2020), which is closely based on the famous Chicago conspiracy case of 1969, and Denial (2016) which retells the story of Holocaust-denier David Irving’s libel suit against historian Deborah Lipstadt who had called him out. But some oldies are equally good. Marked Woman (1937) is based on the trial in which crusading prosecutor Thomas Dewey puts away gangster Lucky Luciano, who controlled New York rackets and prostitution.   

Café:  You note that the lawyers in many films violate certain principles of law or ethics—such as when James Stewart’s defense attorney coaches the defendant (Ben Gazzara) in Anatomy of a Murder. Are you surprised that more movies don’t have legal experts who review the screenplays for inaccuracies?  

Michael Asimow:  They often have experts, but filmmakers love ethical dilemmas. These aren’t inaccuracies, they are deliberate attempts to tell great stories. We try to identify ethical lapses in our discussions, but we don’t criticize the filmmakers for putting them there. Lawyers often find themselves in terrible ethical positions as in And Justice for All (1979), in which lawyer Arthur Kirkland (Al Pacino) is stuck with a client who confesses his guilt, but insists that Kirkland give him a full defense complete with testimony that Kirkland knows will be perjured. 

Café:  What are your five favorite courtroom movies and why?

Paul Newman in The Verdict.

Michael Asimow:  It’s a tough call as there have been so many great ones. Besides Anatomy of a Murder, which we already talked about, I’d have to choose: Witness for the Prosecution (1957), which has the best twist ending; To Kill a Mockingbird (1962) which will tear your heart out; My Cousin Vinny (1992) which is by far the best comedy; The Verdict (1992) for best lawyer epiphany; and A Few Good Men (1992) for best military justice movie and terrific cross-examination.  

Café:  You’ve also written Lawyers in Your Living Room: Law on Television, so I must ask your opinion on one of my favorite legal shows: The Defenders.

Michael Asimow:  Me too! The Defenders (1961-65) involved a father and son law firm (played by the great E.G. Marshall and Robert Reed). Each week they took up another big social or legal problem and framed it in the context of a trial.  Some especially memorable shows concerned the anti-Communist blacklist, defending Nazi protestors, and abortion. The first season of The Defenders is available on DVD.  Well worth watching! 

Café:  Thank you so much, Michael, for taking the time to talk with us.

Michael Asimow:  My pleasure, Rick!  

You can purchase Real to Reel: Truth and Trickery in Courtroom Movies from booksellers such as Amazon.

The Five Best Gregory Peck Performances

Gregory Peck and Mary Badham.

1. To Kill a Mockingbird (1962) - This is an obvious choice for the top spot. After all, Atticus Finch ranked No. 1 on the American Film Institute's list of favorite movie heroes. However, the beauty of Peck's performance is that he doesn't make Atticus a saint. He quietly conveys the character's values and principles, while achieving incredible natural chemistry with the young actors that play Scout and Jem.

2. Twelve O'Clock High (1949) - One of the best films about World War II, this insightful drama stars Peck as an Air Force general charged with replacing a nice guy commander and toughening up a bomb group with low morale. General Savage lives up to his name, telling his troops: "Fear is normal. But stop worrying about it and about yourselves. Stop making plans. Forget about going home. Consider yourselves already dead. Once you accept that idea, it won't be so tough." While Peck delivers those lines with authority, he expresses his character's inner turmoil in the brilliant scene with his executive officer played by Dean Jagger.

Peck kisses Audrey Hepburn.

3. Roman Holiday (1953) - Most film buffs probably think of this lyrical comedy as an "Audrey Hepburn picture." While it's true that she glows in every frame, it takes two actors to create a believable romance and Gregory Peck is ideal as the serious journalist. He provides the perfect balance to Audrey Hepburn's carefree, undercover princess who relishes her temporary freedom from royal responsibilities.

4. The Gunfighter (1950) - This Western stars Peck as Jimmy Ringo, a gunslinger and former outlaw who longs for a normal life with the woman he loves and the son he's never known. Unfortunately, he cannot escape his reputation--and those determined to earn their own fame by killing him. Peck believably captures the loneliness and guilt etched on his character's face.

With Ingrid Bergman on a train.

5. Spellbound (1945) - Alfred Hitchcock's clever suspense film provides Gregory Peck with multiple "roles." Initially, the viewer thinks he's the new intelligent, caring head of a mental hospital in Vermont. However, it's soon revealed Peck is only masquerading as a psychiatrist--he actually has amnesia. Later, it turns out that he may be a murderer. It's a great part and Peck shines as the impostor-victim-investigator trying to sort out what happened to him...and falling in love with Ingrid Bergman at the same time.

The Five Best Courtroom Films

I love a good courtroom drama. There’s so much natural tension in a trial…they just seem tailor-made for the cinema. The list below focuses on the best classic films with courtroom centerpieces, so My Cousin Vinny and A Few Good Men (which would probably have made the honorable mention list) are not included.

Stewart as attorney Paul Biegler.

1. Anatomy of a Murder. Otto Preminger’s enthralling courtroom drama requires multiple viewings to be fully appreciated. When I first saw it, I focused on the riveting story, which treats the viewer much like the jury. We listen to testimonies, watch the lawyers try to manipulate our emotions, and struggle to make sense of the evidence. When I saw it a second time, I knew the case’s outcome and was able to concentrate on the splendid performances. James Stewart, Arthur O’Connell, and George C. Scott earned Oscar nominations, but the rest of the cast is also exceptionally strong. In subsequent viewings, I've come to appreciate the film’s well-preserved details, from the small town upper-Michigan atmosphere to Preminger’s brilliant direction (e.g., in one shot, as Scott cross-examines a witness in close-up, Stewart—the defending lawyer—is framed between them in the background).

2. Inherit the Wind. The “Scopes Monkey Trial”—in which a Tennessee teacher was tried for teaching evolution—gets first-class treatment in Stanley Kramer’s gripping adaptation of the stage play. Spencer Tracy and Fredric March are magnificent as fictionalized versions of Clarence Darrow and William Jennings Bryan. But equally good is the behind-the-scenes look at the trial: the tribulations of family members, the media coverage, and the impact on the town itself.

Henry Fonda, in center, and the other 11.

3. 12 Angry Men. Well, it doesn't take place in a courtroom, but has any film done a better job of getting into the minds of the most important members of a trial? The ensemble cast is nearly flawless, but the film’s premise relies heavily on the dialogue, the believablity of the characters, and the direction. So cheers to screenwriter Reginald Rose and director Sidney Lumet! I chuckle when I read the frequent film critic's complaint that a director didn't “open up” an adaptation of a stage play. 12 Angry Men virtually takes place on one set, but it never fails to excite and entertain.

4. Witness for the Prosecution. For all its cleverness, the most entertaining aspect of Billy Wilder’s adaptation of the Agatha Christie play is its unexpected humor. Much of it is derived from the relationship between the cantankerous Sir Wilfrid (Charles Laughton) and his fastidious nurse, Miss Plimsoll (Elsa Lanchester). One of their best scenes contains no dialogue and takes places during the heat of the trial. Miss Plimsoll sits in the gallery and watches closely over Sir Wilfrid, looking for any signs of his failing health. Turning to face her, Sir Wilfrid smiles as he takes a sip of “lukewarm cocoa” from a thermos filled by Miss Plimsoll…only the devious barrister has swapped thermoses so that he’s actually drinking brandy.

Gregory Peck as Atticus Finch.

5. To Kill a Mockingbird. I know…this isn't a courtroom drama… but Tom Robinson’s case forms the centerpiece of the film and reveals much about Atticus Finch, his children, and the town where they live. Like many other fans of this film, my favorite scene is when Atticus leaves the courtroom to a standing ovation from the gallery. (Its ranking here is solely in the context of courtroom dramas.)

Honorable Mentions: Conduct Unbecoming, Adam’s Rib, Judgment at Nuremberg, Breaker Morante, The Caine Mutiny, Fury, and Judge Horton and the Scottsboro Boys.