Donasco, Michael

The Firm (1993)

Facts: Mitch McDeere, about to graduate near the top of his class from Harvard Law, accepts a
generous job offer from Bendini, Lambert & Locke, a firm in Memphis, Tennessee. Senior partner Avery
Tolar mentors McDeere and introduces him to the firm's professional culture, which demands strict
loyalty, confidentiality, and a willingness to charge exceptional fees. Mitch is seduced by the money and
perks, including a house, car, and his student loans being paid. However, Abby, Mitch’s wife, is
suspicious of the firm's interference with employees’ families.

Upon passing the Bar, Mitch began working long hours, learning that most of the firm's work
involves dealing with wealthy clients, helping them hide money in off-shore corporations and other tax
avoidance schemes. During a working trip to the Cayman islands, he learns of the firm’s dubious and
suspicious transactions, including documents relating to four of the firm's associates who died under
suspicious circumstances. Mitch is seduced by a local sex worker. The seduction had been prearranged
by the firm's security chief who uses the photos to blackmail Mitch into keeping quiet about the firm's
activities.

Mitch is approached by FBI agents and revealed to him that BL&L's biggest client is the Morolto
crime family. Most of the firm is involved in a massive tax fraud and money laundering. The dead
associates had learned the truth and were killed on the firm’s orders. When a client complained that he
was billed for several hours of extra fees, Mitch realized that mailing clients these padded bills is mail
fraud, exposing the firm to RICO charges. He secretly copies the firm's billing records. Later, Mitch met
with the Moroltos and presented himself as a loyal attorney looking out for his clients' interests. He
claims that his contact with the FBI and his copying of files were an attempt to expose the firm's illegal
activities. He asks the Moroltos for permission to turn over their billing invoices to help the FBI’s case
against the firm. He assured them that any information he knows about their legal affairs is safe under
attorney-client privilege.

Issue: Was the Code of Professional Responsibility violated during the course of the film

Law/ Canon Violated:

RULE 1.01, CANON 1 - A lawyer shall not engaged in unlawful, dishonest, immoral or deceitful conduct.

RULE 2.03, CANON 2 - A lawyer shall not do or permit to be done any act primarily to solicit legal
business
Rule 20.04 – A lawyer shall avoid controversies with clients concerning his compensation and shall resort
to judicial action only to prevent imposition, injustice or fraud.

RULING: Yes, the film is bombarded with violations of the Code of Professional Responsibility. It seems
like it is a film about violations of Professional legal ethics lawyers are ought to observe. McDeere, on his
part, was guilty of these violations by participating in the firm’s dubious activities. It was only when his
safety was put on the stake when he decided to go against the firm.

OPINION: The message of ‘The Firm’ seemed to be a bit bizarre: that lawyers have a code of ethics, but
that it is designed to protect the lawyers and the crooks. It must be taken note of that there is a vast
difference between defending people like the movie’s Morolto family and becoming co-conspirators
with them. When a lawyer represents people that are involved in organized crime, representing them
doesn’t mean the lawyer does something illegal for them. It doesn’t mean the lawyer has anything to do
with their personal affairs.

McDeere himself cannot be regarded as a heralded hero in this film. He himself was guilty of the
firm’s illegal activities and he benefitted from them. You don’t walk away thinking of him as any great
hero. He found a convenient solution, and let the bad crooks get away. There are only two ways for
lawyers to exit Bendini, Lambert & Locke. They can stick around until they retire as thoroughly
compromised, multi-millionaire senior partners, or they die before their time in mysterious
circumstances. You cannot blame McDeere for choosing self-preservation but he cannot be a hero in
any case.