The applicability of the Code of Professional Responsibility in the film

PHILADELPHIA (1993)

Ignalig, Alsan W.
Joson, Jude Alexa
Llanes, Marian Celeste
Longakit, Blaise Giovanni J.
Lloren, Tenessee
Members

Judge Evelyn Nery

Legal Ethics Professor

November 25, 2017

Block C
Introduction

Philadelphia, released in 1993, was written by Ron Nyswaner and directed by Jonathan
Demme1. The movie stars Tom Hanks and Denzel Washington2. The events in the film are similar
to the events in the lives of attorneys Geoffrey Bowers and Clarence B. Cain. Bowers was an
attorney who in 1987 sued the law firm Baker McKenzie for wrongful dismissal in one of the first
AIDS discrimination cases. Cain was an attorney for Hyatt Legal Services who was fired after his
employer found out he had AIDS. He sued Hyatt in 1990 and won just before his death 3. The film
earned positive reviews and for moviegoers with an antipathy to AIDS but an enthusiasm for stars
like Tom Hanks and Denzel Washington, it may help to broaden understanding of the disease. It's
a ground-breaker like Guess Who's Coming to Dinner (1967), the first major film about an
interracial romance; it uses the chemistry of popular stars in a reliable genre to sidestep what looks
like controversy4.

Movie Summary

Andrew Beckett (played by Tom Hanks) is a senior associate at the largest corporate law
firm in Philadelphia. He hides his homosexuality and his status as an AIDS patient from the other
members of the firm. A partner in the firm notices the symptoms of his condition and shortly
thereafter, Beckett stays home from work for several days to try to find a way to hide his lesions.
Beckett believes that someone deliberately hid his paperwork to a certain case he was
working on so he could be dismissed for incompetency when in fact the firm just needed an excuse
to fire him, and that the dismissal is actually as a result of his diagnosis with AIDS. He asks several
attorneys to take his case, including personal injury lawyer Joe Miller (played by Denzel
Washington). The homophobic Miller appears to be worried that he could contract Beckett's
illness. But eventually, feeling discouraged by the other people's behavior and seeing the parallels
in how he, himself has been unfairly treated, Miller approaches Beckett, reviews the material he
has gathered, and takes the case.

As the case goes before the court, the partners of the firm take the stand, each claiming that
Beckett was incompetent and that he had deliberately tried to hide his condition. The defense
repeatedly suggests that Beckett brought AIDS upon himself by having gay sex, and is therefore
not a victim. In the course of testimony, it is revealed that the partner who had noticed Beckett's
lesion, Walter Kenton, had previously worked with a woman who had contracted AIDS after a
blood transfusion and so should have recognized the lesion as relating to AIDS. According to that
partner, the woman was an innocent victim, unlike Beckett, and further testified that he did not
recognize Beckett's lesions. To prove that the lesions would have been visible, Miller asks Beckett

1
“Philadelphia.” Turner Classic Movies. Retrieved November 25, 2017 from
http://www.tcm.com/tcmdb/title/18893/Philadelphia/
2
Ibid.
3
Margolick, David (April 13, 1990). "LAW: AT THE BAR; A Lawyer With AIDS Wins a Legal Victory, and
Gives His Employer Some Unwelcome Publicity". The New York Times.
4
Ebert, Roger (January 14, 1994). "Philadelphia Movie Review & Film Summary (1994)". Chicago Sun-Times.
Retrieved November 25, 2017 from http://www.rogerebert.com/reviews/philadelphia-1994

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to unbutton his shirt while on the witness stand, revealing that his lesions are indeed visible and
recognizable as such.

Beckett eventually collapses during the trial. After Beckett is hospitalized, another partner,
Bob Seidman, who noticed Beckett's lesions confesses that he suspected Beckett had AIDS but
never told anyone and never gave him the opportunity to explain himself, which he regretted very
much. During his hospitalization, the jury votes in Beckett's favor, awarding him back pay,
damages for pain and suffering and punitive damages, totaling over $5 million. Miller visits the
visibly failing Beckett in the hospital after the verdict and overcomes his fear enough to touch
Beckett's face. After Beckett's family leaves the room, he tells his partner Miguel that he is ready
to die. At the Miller home, Joe and his wife are awakened by a phone call from Miguel, who tells
them that Beckett has died. A reception is held at Beckett's home following the funeral, where
many mourners, including Miller, view home movies of Beckett as a happy child.

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Application of the Code of Professional Responsibility

CANON 1
A lawyer shall uphold the Constitution, obey the laws of the land and promise respect for law and
legal processes.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.

(1) Andrew Beckett was actively involved in immoral actions in the form of engagement in
anonymous sex inside a theater that showed gay movies.

CANON 2
A lawyer shall make his legal services available in an efficient and convenient manner compatible
with the independence, integrity and effectiveness of the profession.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the
oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render
legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

(1) Joe Miller rejected to take on the case of Andrew Beckett because of his fear of
homosexuals as well as his fear of being infected with AIDS that Beckett had at the time
he went to Miller for assistance.

CANON 7
A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the
activities of the integrated bar.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice
law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit
of the legal profession.

(1) Andrew Beckett was actively involved in immoral actions in the form of engagement in
anonymous sex inside a theater that showed gay movies.

CANON 8
A lawyer shall conduct himself with courtesy, fairness and candor towards his professional
colleagues, and shall avoid harassing tactics against opposing counsel.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment
of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper
advice and assistance to those seeking relief against unfaithful or neglectful counsel.

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 (1) The law firm erred in that they unlawfully terminated Andrew Beckett based on the fact of
his disease.

CANON 14
A lawyer shall not refuse his services to the needy.

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race,
sex. creed or status of life, or because of his own opinion regarding the guilt of said person.

(1) Joe Miller rejected to take on the case of Andrew Beckett because of his fear of
homosexuals as well as his fear of being infected with AIDS that Beckett had at the time he
went to Miller for assistance.

CANON 17
A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence
reposed in him.