Americans trust lawyers as much as they rely on politicians
and used-car salesmen. We don't like 'em. How do we
know? Because a lawyer himself tells us so. In a movie which
dramatizes an actual case, Attorney Jan Schlichtmann tells
his radio talk show listeners that lawyers have been abhorred
not only in the U.S. but in other areas of the world throughout
history. (He might have pointed out Shakespeare's own view,
which the Bard enunciated in Henry VI, Part IV, "The first
thing we do, let's kill all the lawyers"). It's a peculiar thing,
though. If we dislike these professionals so much, why do
we hire them so often, and why do we buy John Grisham's
novels so regularly that anything he writes is guaranteed a
number one position on the Best Seller lists? Most
paradoxical of all, we cheer these fellows on mightily when
they take on the giant corporations, as when a hero lawyer
fights the entire tobacco industry and the insurance business
in two of Grisham's books.
The answer is that we are selective in our affections. We
like low-key, small-town Davids who take on big-city Goliaths.
We dislike big-city counselors who bill $400 an hour to
protect companies that commit atrocities. We also dislike
small-town advocates who chase ambulances, who, we
assume, have no feeling for their clients' suffering but who
are interested only in winning huge sums that they share 40-
60 with their hapless clients.
All of this information is to explain the appeal of a book
which has now become a high-profile movie, "A Civil Action."
Written by a non-lawyer, Jonathan Harr, and published by
Random House in December 1995, it swiftly became a best-
seller and then a paperback, remaining on the most-read lists
for quite a long time. Its appeal lay in its David-Goliath
resonance, with the redemption of a personal injury lawyer,
Jan Schlichtmann who hocked and lost everything--his home,
his credit cards, his reputation, but not his integrity--in fighting
two giant companies guilty of polluting Woburn,
Massachusetts waters for well over a decade. As a result of
the corporate evils, eight children had died of leukemia, while
the two companies, Grace and Beatrice Foods, denied that
they were in any way responsible. The case became an
orphan for a while, i.e. no law firm was willing to go to the
expense of handling it, because the odds of winning seemed
remote. Even Jan Schlichtmann (John Travolta) had
informed the mother of the dead child (Kathleen Quinlan) that
he could not afford to take on the litigation. His mind was
changed when he took a closer look at the chemically
polluted waters that would find their way into the homes of
the people of the small Massachusetts town.
What the movie version has in its favor is that
Schlichtmann is not portrayed as a one-dimensional hero, an
Atticus Finch fighting for all that is just and good. He is a
flawed person, the sort that would be appreciated by the
ancient Greek playwrights, a guy who is motivated less by the
tragic circumstances of his clients than by a titanic ego and
the quest for the ultimate contingency fee. He had been for
years considered one of Boston's ten most eligible bachelors,
an extravagant and superficial man who passed out his
business card in a flash whenever he went by the scene of
an accident. But when he saw the dirty waters and imagined
the overwhelming sorrow that these families felt at the loss of
the young ones, something snapped. He hires a team of
geologists and engineers and pays their fee in the hundreds
of thousands of dollars to collect evidence of the deadly
nature of the soil around the waters. Specifically he is
determined to prove that the chemicals used by a tannery
had spilled over onto the soil and were not properly cleaned
up. They were dumped carelessly into the ground and found
their way into the drinking water of the residents.
Director Steven Zaillian, who adopted Mr. Harr's book to
the screen, has fun taking down the big shots a notch or two.
He is particularly scornful of the vice president of Grace and
Company, who had invited Schlichtmann to New York to
discuss a settlement and who humiliated the lawyer by
patronizing the latter's education at Cornell University (he had
himself gone to Harvard) and by instructing him that business
is never transacted at the Harvard Club. Zaillian shows less
contempt for the ordinary working-class people who refuse to
testify that they had witnessed the company's dumping of
toxic waste into the area around the water since, after all,
their jobs depended on their remaining silent.
Unfortunately Zaillian does not exploit the major advantage
of movies. Film is a visual medium, unlike books, and by
conducting most of the action in the courtroom, in hearing
chambers, and law offices, he is essentially giving us a filmed
play. "A Civil Action" would do as well on the stage as the
page, where dialogue is the most essential element, but is
lost on the big screen which demands action and greater
punch. Further, Zaillian does not take advantage of the skills
of his actors with the one exception of Robert Duvall, who
performs in the role of one of the two corporate lawyers,
Jerome Facher. Facher is an eccentric chap, one who has
earned his idiosyncrasies by being one of the city's top
attorneys. He insists on a totally work-free lunch hour, where
he listens to Boston Red Sox games on his little portable
radio and scowls at the messenger lad who brings him
envelopes during his quiet time. When he discusses cases
by phone with big clients, he is not averse to throwing a ball
against the wall and catching it, and when he sees a pen that
he admires, he asks whether he can take it with him.
Duvall's winning performance is not matched by Travolta,
who dramatizes his part in a solid by stolid manner, and
what's more his partners--played by William H. Macy and
Tony Shalhoub--are caricatures. Kathleen Quinlan is
insufferable as a woman who has lost her child, who wants
only an apology from the corporations and not the money,
and who turns her back on the now bankrupt Schlichtmann
because he has not succeeded in getting that repentance.
Because "A Civil Action" is based on a real case, it does
not have the feel-good ending that you might expect from a
more melodramatic movie or from a comedy like "The
Waterboy" (in which the good-guys' football team wins the
game in the final second). That is all to the good. But the
movie simply does not have the spark to kindle much
excitement, given the capacities of the film medium. To see
how a similar situation is handled in a more stirring manner,
take in last year's "The Sweet Hereafter," which abounds in
tingling imagery and features a monumental performance by
Ian Holm as the troubled lawyer.
Copyright © 2000 Harvey Karten