What’s it about?

Finally a U.S. television show where the legal eagles are struggling to stay afloat, although after all their high profile cases it's a little hard to accept their dismal surroundings. Not for these lawyers the chrome and glass of "L.A. Law" or the acreage-sized foyer of "Murder One". This is a smallish Boston law firm headed by Bobby Donnell, a thirty-something dynamo who (shock, horror) has a conscience! Yes, folks, a television lawyer who actually cares what happens to his clients – is this the end of Western jurisprudence as we know it?

This show could have been titled "ER Goes To Court". The pilot episode, which aired in the US in March 1997, hit the ground running – and then picked up the pace! You’ve heard of fast food? – these guys are fast lawyers. The clients get their advice on the run as well – this is drive-thru service, not the place to go for a leisurely chat over tea and cucumber sandwiches. The first client we see gets this concise pointer about keeping his mouth shut in the slammer: "Don’t even trust your mother if she comes to visit". And of his fellow prisoners: "They’re looking to trade up just like you." In other words, don’t expect to be mollycoddled by these guys.

When we first see the office it’s clear we’re dealing with the lower end of town. The bench in the corridor could be an advertisement for a firm of ambulance chasers – it’s hard not to think ‘what a bunch of losers’. The offices themselves look as though someone has dropped a bomb on a down-market jumble sale. It’s an unbelievable mess – in fact it’s hard to understand why the landlord is trying to evict them, who else would rent it?

Donnell and Associates are now Donnell, Young, Dole and Frutt. As the show rolls on, the guys continue to represent defendants who are often clearly guilty, but as we always say here at Law4U, that doesn't mean they don't deserve a decent defence. As Bobby says, "Once in a while, you get an innocent client."

This show has also made a showcase of some stunning guest characters, especially that decapitator George Vogelman (Michael Monks) and our favourite, Joey Heric (John Larroquette in an Emmy-worthy guest role). And let's not forget that wonder of the bench, Judge Kittleson (Holland Taylor) who is so hot to trot in her mature years that she sizzles.

Who's it about?

Making order out of chaos is our principle lawyer Bobby Donnell, and despite his dishevelled suit (his dress sense improved with the following seasons), he might have stepped from the pages of GQ Magazine. "Why am I a defence attorney?" he rhetorically asks a jury, "because every once in a while I get an innocent person and it’s up to me to fight their fight". This is an admission that rings true with most defence lawyers – on the whole, your clients are guilty. Everyone knows it. This doesn’t mean they don’t deserve a good defence, far from it, but it is a soulless vocation if you’re a lawyer looking for fame and glory. Nevertheless it suits Bobby, a serious type of guy who’s full of moral angst and hardly prone to a quiet night at home in front of the telly. He’s more the anti-hero than a champion of the underdog – Bobby can be good and bad, sometimes in the course of the same show! But he's no longer the sole partner, so he has to share around the responsibilities, though we know that he remains the fulcrum of the office. And there's no denying his earnestness, which can be quite offputting. Let's be honest, this is never going to be a laid-back guy.

Bobby is surrounded by an interesting band of soldiers. First and foremost is Eugene Young, a firebrand with no respect for the etiquette of the law. He was a private investigator before he became a lawyer, and it shows - he tells one of his clients, "…if I sunk to your level I’d be on antibiotics". We like Eugene for the same reason we like Sipowicz in "NYPD" – he’s irreverent, talented, and absolutely fearless (as we often wish we were). He's good with juries, loves the law (maybe a little too much), but he can't be accused of being arrogant, or losing his conscience ("I get paid for representing people, but what I think is not for sale"). As to his love life…is there any life outside the law?

Eugene’s soul mate is Ellenor Frutt, a no-nonsense lawyer who knows a little about procedure and a lot about navigating her way through the halls of justice . She’s especially good at "shmoozing" with the court personnel, and has well learnt the lesson that the real power is with the judge’s associate, not the judge! Her sense of humour doesn't go astray in court, but sometimes she's a little too sympathetic for a hard nosed lawyer, and we worry about her personal life. One thing's for sure, she does not want to compromise her conscience. Unfortunately she's also prone to petulance and the occasional raging fit, and she's not always the best judge of character.

Lindsay Dole doesn’t seem to fit in here – she’s had a top education at Harvard Law School, she’s cultured, apparently demure and sometimes lacking confidence. She doesn’t want to be a criminal lawyer, yet she’s frighteningly good when it come to mixing it in court, especially if there is a point of law that requires clarification. It’s hard to know what will happen to Lindsay – is she the real thing or just another refugee from a rich, conservative family who’ll end up in a glass tower high above the masses (we hope not). She is definitely one to watch. And by the way, she's admitted she's in love with Bobby. She will send everyone daft when she demands to be made a partner.

And one of our team was not a lawyer, but that doesn't mean Rebecca Washington doesn't know a thing or two about the law, as she's more than quick to tell you. She's especially good at telling Bobby what he needs to know, and providing a shoulder for wounded colleagues. Without Rebecca the firm would not be the same, not by a long shot. In an excellent episode "Truth and Consequences" she witnesses a murder and has the guts to pick out the killer in a lineup, where her mettle is truly tested. We didn't know it at the time, but Rebecca was secretly taking classes at night school and had passed the bar exam.

Helen Gamble is from the DAs, and has gotten the better of Bobby on the floor of the court. But there's another arena where things might be more amiable, and romance has been in the air with her courtroom adversary. This is pretty interesting given the fact that Lindsay is her best friend, her roommate and Bobby's former lover.

Jimmy Berlutti has gone from  klutz ("Jimmy the Grunt") to sometime legal eagle, having won the Big Case against Boston Power, not to mention the way he dodged a few bullets!  Check out his big win and coming of age in the power case in the episode "Burden of Proof". ". He came to the firm because of an unethical deal he did on behalf of the firm as their banker, he a sensitive bloke who saved the firm in its liability suit against Tommy Silva.

Lucy Hatcher is the secretary you might lust for, but only if you want an interesting work life. She's quite crazy and liable to say the first thing that comes into her fervent mind. Which is why everyone regularly groans, "Lucy!!!".

Who's who?

Dylan McDermott is Bobby Donnell. You know the face, from the violent 1987 Vietnam movie "Hamburger Hill"; as Julia Roberts’ husband in "Steel Magnolias", "Home for the Holidays" directed by Jodie Foster; and he was the secret service agent who meets a nasty end in the excellent Clint Eastwood 1993 thriller "In The Line Of Fire" (which has a killer performance by John Malkovitch); also check him out in "Three to Tango" with Matthew Perry and Neve Campbell.

Camryn Manheim is Ellenor Frutt. She had a long guest spot on "Law & Order", and got to meet David Kelley, the creator of this show, on his medical series "Chicago Hope". But it’s in the theatre that she shines – she wrote and appeared in her own one-person show at the famous Joseph Papp Theatre in New York. She’s no slouch in movies either – did you notice her co-starring roles in "First Wives Club", "Sudden Impact", "Bonfire of the Vanities" and the very funny "Romy & Michelle’s High School Reunion". Check her out in "Happiness" with Lara Flynn Boyle.

Kelli Williams is Lindsay Dole. You may know her from a few guest spots in some well known series, including "Law & Order" and "Quantum Leap". She’s also made some television movies, less well known in Australia, including "Hillside Strangler" and Disney’s "My Life As A Babysitter". She grew up in Los Angeles and first arrived on our television screens in the Mary Tyler Moore vehicle "New York News". She came to Kelley's attention through a small role on his "Picket Fences".

Steve Harris is Eugene Young. He’s previously appeared in a number of legal-eagle shows, including "Law & Order", "Homicide" and "Murder One". You may also have noticed him in the Sean Connery movie "The Rock".

Michael Badalucco is Jimmy Bertulli. If you've ever seen the movie "Fail Safe" with Henry Fonda (worth seeing if you can find it) the photo of the child is an 8 year old Michael (his dad was the set carpenter). He appeared regularly on stage in New York, and got a break in the brilliant "Raging Bull", and then many movies since, amongst them "Broadway Danny Rose", "One Fine Day" (which starred his boss's wife) and more recently the Tom Hanks/Meg Ryan vehicle "You've Got Mail" (a nice little comedy).

Laura Flynn Boyle is Helen Gamble. You would first have seen her in the intriguing "Twin Peaks", and later the telemovie "The Preppy Murder". And yes, she's certainly a lot thinner these days, not to say that she was other than svelte before. She's also been seen on actor Jack Nicholson's arm on a regular basis. Check her out in "Happiness" with Camryn Manheim.

Who put it together?

Remember when Arnie and Roxanne crashed through the ceiling in "LA Law"? Rosalind stepping into the elevator shaft? The Potato Man on "Picket Fences"? Their creator, writer and executive producer is the extraordinary David Kelley. David began life as a Boston lawyer, the city where this show is set. Kelley wrote his first script on a whim, the Judd Nelson vehicle "From the Hip". Steven Bochco saw it and hired the young lawyer to write for "LA Law". He left the firm for 2 weeks to help Steven Bochco with "L.A. Law" and never returned! He received 5 Emmys for that program, and then went on to create "Picket Fences" and "Chicago Hope" and "Ally McBeal" for himself. Anyone who has followed his career has to be amazed at his ability to churn out excellent scripts week after week. Jerry Seinfeld paid him the ultimate compliment when he noted that Kelley "has actually done things". It's simply not possible to credibly say where these zany characterisations, full of whimsy and heart, really come from. Often we see into their darkest souls, their most intimate secrets, and most of all their tremendous vulnerabilities. Who else could have invented the unisex bathroom on "Ally" (now there's a goldmine for a Freudian).

The producer of the show is Bob Breech, who is also the Vice President of David Kelley Productions. Like Kelley, he was a lawyer before getting into show business. Also like Kelley, he got his start through the prolific Steven Bochco on "L.A. "Law", where he eventually became producer.

Jeffrey Kramer reprises his role as Executive Producer on "Ally" in this production as well.

The gossip

The show is not really made in Boston – it’s filmed in Hollywood.

David E. Kelley worked on this program for more than a year, and finally got it included in the American ABC network schedule as a midseason replacement. He was promised a better timeslot, but it never materialised – for which Kelley was justifiably angry. It will now air on Saturday nights at 10p.m. – lest you think this is an undistinguished timeslot, Americans like to stay up late and prime time is around this hour.

Camryn Manheim hopes that viewers will see her character as a positive role model, especially in showing that overweight women can be sexy. She would also like the writers to concoct an inter-office romance with Steve Harris.

Camryn Manheim has 12 (count them!) earring holes in her ear!

Dylan McDermott watches Court TV, the American television channel that takes you into courtrooms, to get inspiration for his role.

David Kelley was the captain of the Princeton University hockey team. He’s considered better looking than some of his creations. And by the way, he’s married to Michelle Pfeiffer – is there any justice in this world?

Camryn Manheim has sold the rights to her one-woman show "Wake Up, I'm Fat!", which won an Obie Award and played at the famous Joseph Papp Theatre Off-Broadway. The play is somewhat autobiographical, reliving Camryn's experiences in a pretty crazy household.

In an episode of the show, David Kelley addresses the much publicised allegations that Calista Flockhart, Ally of "Ally McBeal", is anorexic. In the episode she meets Helen Gamble in a courthouse elevator, and Gamble says, "I was just admiring your outfit. Maybe you could eat a cookie." No mean feat from a woman who could use a square meal herself.

You'll be seeing a lot more references to Ally's show (and television cousin) in the third season, including Ally watching "The Practice" on TV! This is interesting given that they are on different networks in the U.S. - in Australia both are seen on the Seven Network.

Kelli Williams's hid her real life pregnancy behind courtroom tables and podiums, not to mention those endless stacks of legal tomes. This is amusing, given her character's propensity to be the stereotypical "career woman".

Forget the brassy exterior - Lara Flynn Boyle (Helen) is terrified of appearing on talk shows.

Holland Taylor, at 56 the marvellous Judge Kittleson, has taken a sledge at American ABC for cutting a nude scene, for which she accuses the network of ageism.

The facts

The title of this show is in lower case ("the practice") – reminds us of "thritysomething".

Yes, the theme music is a little weird. There is a moment of tension before you hear a theme for the first time – you know you’ll be seeing and hearing that theme for years. Sorry David Kelley, but your theme music, a tune that jerks around like an epileptic fit, is not going to grow on this reviewer. Maybe we’re getting a little old here at Law in the Lounge, but you can take that music and give it to the Spice Girls. Oh, for the good old days of "Hill Street Blues" – now there was a theme you could tap your foot to!

Where have you previously seen Dylan McDermott play the part of a lawyer? Tick, tick, tick…. Twice: in "Steel Magnolias" (with Julia Roberts, Shirley MacLaine & Sally Field) and the remake of "Miracle on 34^th Street" with Richard Attenborough as Santa Claus (check out the original with a very young Natalie Wood).

"The Practice" replaced "NYPD Blue" for 6 weeks in the U.S. in 1997 – this is a strategy our networks don’t pursue, a kind of holiday for a top series. Remember, absence makes the ratings grow stronger!

The show won the Banff Television Best Series Award, and how about the American Bar Association Silver Gavel Award - nice to be recognised  by one's "peers".

Lisa Gay Hamilton has a part in the movie of the book by Toni Morrison, "Beloved".

At the 50th Emmy Awards Camryn Manheim won outstanding supporting actress in a drama series; the show won best drama & best writing. It was very important to the show's future when it won, because the show was considered to be on the skids with the American ABC Network.

Camryn Manheim made one of the great "closings" in award ceremony history. Holding the Emmy high, she declared, "this is for all the fat girls!"

Kelley and Steven Bochco collaborated on the better than average sitcom "Doogie Howser" (terrible name), about a genius doctor who graduated from Princeton at the tender age of 10.

John Larroquette does a nice guest turn in a number of episodes.

Great to see the wonderful Linda Hunt as Judge Hiller. Better not get on her wrong side!

Veteran actor James Whitmore plays Bobby's mentor Raymond Oz.

The show won best series in Electronic Media's television critic poll ("Ally" came fourth).

Tony Danza (Tony Danza?) will appear as a lawyer for a witness accused of being a murderer and suing the firm for $30m.!

David Kelley has decided to stick with Fox, though tempted by development deals elsewhere.

Steve Harris will play boxing legend Sonny Liston in the film "King of the World", a biopic of the great Muhammad Ali.

In its third season "The Practice" has been a consistent top ten performer. This is partly because it has finally found a decent timeslot after a couple of seasons doing the rounds.

In 1999 David Kelley achieved the amazing feat of winning Emmys for both drama and comedy, "The Practice" and "Ally McBeal". In total 13 nominations between the two.

If creating all these series isn't enough, in 1999 David Kelley produced two films "Lake Placid" and "Mystery, Alaska".

Have you noticed the quite different views of Boston as it is depicted in "The Practice" and "Ally"? One's down and dirty; the latter is all tinsel and glitter, characterised by the office and the downstairs bar.

David Kelley captained the hockey team at Princeton - is there anything this guy can't do?

Kelley has another show in the works, "Snoops", about a hi-tech detective agency. This time it's back to L.A.,the glitz and the glamour.

In the U.S. "The Practice" has gone from boiled lollies to top ten chocolates, hence its promotion to the Sunday night timeslot where it is the only alternative to the usual TV-movies.

Veteran actor Charles Durning joins the series in a recurring role as Bobby's father.

The lingo

"Class action" - this is where plaintiffs who have a similar claim get together to save time and expense.

"Deposition" – this is part of what is called "discovery" in a civil trial, which happens before the trial begins. It allows both sides in the case to get an idea of what is going to happen by asking questions of the defendant and the plaintiff. It happens in an office, without the judge present. "The Practice" shows how lawyers often abuse this process, drawing it out in order to tire a participant who lacks time and money.

"Jury voir dire" – a dispute that is decided by the judge without the jury, usually about the admissibility of evidence or the competency of a witness.

"Mandatory sentence" – if you’re found guilty of an offence with a mandatory penalty, you’ll get a legislated sentence in jail and that’s that! In an early episode one of Bobby’s clients is charged with trafficking cocaine – that’s 15 years jail, and the judge has no discretion to reduce that term.

"Prosecutorial discretion" – a DA has the discretion to decide whether a charge should be brought against a defendant. For instance, in one of the programs Susan Alexander, the District Attorney, has to decide if there is enough evidence to support a charge of murder, or in the alternative to suggest that the victim died as a result of self-defence.

"Suppression hearing" – this is an argument before a judge, without the jury in the room, to decide if a search was carried out according to the law. If it was not, any evidence that was found (e.g. drugs in a car search) is not admissible.

"Trade-Off" – say you are a lawyer with two cases being prosecuted by the same DA. She agrees to go easy on one case in return for a plea bargain on the other (the one she really wants). That’s a "trade-off".

"TRI" – this is an acronym for a Temporary Restraining Order. The judge can order a person to stay away from another person if there is a real threat of violence.

The legal point

In the pilot there was a lot of talk about the "exclusion of plea bargain evidence". In that episode a client of Bobby’s refused an offer from DA Susan Alexander to accept a plea bargain of a four month jail sentence (much to the chagrin of the judge, brilliantly played by Academy Award winner Linda Hunt).

A plea bargain is a deal – the defendant pleads guilty and accepts a lesser sentence rather than take the chance of being found guilty and getting a harsher penalty (in this case a 15 year mandatory sentence). Bobby wants to be able to tell the jury that his client declined the offer, to show them that she must really be innocent to have refused even a minimum of jail time (and therefore risk a long prison sentence). Why can’t he do so – why is the evidence of this plea bargain "excluded"? The judge tells us: "If plea bargain offers become admissible, District Attorneys won’t make them".

You’ll see that the judge always looks at the verdict before the foreman of the jury reads it. Why? It’s because the judge has to make sure it is in the correct form.

Why is one of Bobby’s client being charged with trafficking cocaine when she never had any intention to distribute it (she was hiding it for her brother)? This is because she has been charged with "facilitating drug trafficking", which means she allegedly had a large amount of cocaine under her control and possession – the law assumes that she intended to sell it. This is bad news, because she would receive a mandatory sentence of 15 years if convicted, even though she really had no intention to be part of the sale!

Our verdict

Yes, there are handsome lawyers, but you’d think we’re all Tom Cruises on the evidence of the hunks like Bobby Donnell who populate TV law firms! But getting back to reality, on the indication of the first series, it doesn’t get much better than this.

There’s a revealing piece of dialogue in the first show, when in the midst of panic Bobby says "you think it’s tough defending the guilty, try the innocent!". He says this as he is about to go back into court to sum up to the jury in a drug case – his client is clearly innocent, but it’s not looking good at all. He’s spent the night agonising over his summation and looks like a vagrant on a bad day. He’s also scared out of his wits at the responsibility he’s carrying, and here at Law4U we thought this was a nice touch.

We’ve had enough of the confident superheroes – in the real world advocacy on behalf of the "poor and demented" is a thankless, terrifying business, and for once this reviewer could actually empathise with his television counterpart. Those of us who have worked the other side of the tracks know all too well that sinking feeling when a person’s fate (clichéd as it sounds) actually hangs in the balance – and you’re the one that can do something about it.

What’s great about this program is that it tries to show court room advocacy more for what it is. No, it’s not a piece of cake, and this show highlights the stress that run-of-the-mill defence lawyers face in court, and the sad truth that there are real dilemmas, ethical and practical, that must be faced on a daily basis. This is where the show is clearly different than a series like "L.A. Law", which was conceived as a vehicle to showcase the lifestyle of rich lawyers – "The Practice" is more down and dirty, the clients don’t dress in Armani, and ethical challenges go beyond the choice of a suitable restaurant for lunch.

Basically this show examines what can be done by a group of ethical people in an essentially unethical situation, although their tactics often sail close to the wind - it is a recurring theme in the show that they will happily deflect guilt from their client by accusing another innocent party of the crime. This is familiar territory for Kelley – in "Chicago Hope" we see eminent surgeons and doctors provoked by human dilemmas. The producers of "The Practice" are not bound to accuracy in all its procedural boredom (thankfully!), and instead seem to be striving to find an emotional mid point to present the lawyers and their clients in all their moral complexity.

But the producers and writers have clearly grasped the need for prime time entertainment – after all, they have "L.A Law", "Picket Fences" and "Chicago Hope" in their repertoire! It was a hallmark of those shows to introduce strong, often eccentric characters in off-beat situations. So don’t worry that it’s all grave and sedate "issues" – there is enough gloss here to keep the most avid television legal addict munching on popcorn for series to come. In the past David Kelley has shown an inclination to yield to soap opera and sermonising, but if he allows the show to follow the path he has forged in the first season, we should be in for a great ride. This is "L.A. Law" with a harder edge, but as with most worthwhile dramas, owes more to the legacy of "Hill Street Blues" and its focus on a number of ensemble players who allow us into their private as well as professional lives.

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Read this: The legal information contained above is intended to be general information about the law. It is not a substitute for legal and other professional advice. Lawscape Communications P/L does not accept responsibility for loss to any person, who either acts or does not act because of this information.