Lawyers with Heart: An Oxymoron or unrecognized legal identity?
A focus on the representation of lawyers in Ally McBeal

Cassandra Sharp [1]

Presented at the 19th Annual Law & Society Conference, Melbourne, 10 - 12 December 2001

Introduction

The proliferation and acceptance of lawyer jokes in our culture would seem to indicate that the general perception of lawyers is not very positive. Lawyers are rarely discussed or portrayed in a favourable light, and the leitmotif that is evident within popular culture is that lawyers are, more often than not, stony adversaries whose hearts are but empty vessels. This theme has been present throughout the history of popular culture, from biblical times to the present day [2] , and film and television representations are no exception. Indeed, numerous articles [3] have been written about the portrayal of lawyers in movies and on television, especially in relation to the negative effects they have on public perception of lawyers. Yet, while there are undoubtedly some representations which contribute to the disdain felt by the general public, the focus of this paper is to identify and analyse a possible source within popular culture of more favourable depictions. It will be argued that there are some representations of lawyers on television which highlight the 'human' element within the lawyer and positively contribute to popular perceptions, and that shows such as Ally McBeal may be subtly directing the legal consciousness into a new territory. That is, a consciousness that values and acknowledges a lawyer with heart. [4]

My pre-occupation in this paper is with exploring the production of meaning through Ally McBeal as a text of popular fiction, and to identify the ways in which it positively contributes to a cultural perception of the legal identity. It is my thesis that despite its absurdity, Ally McBeal may just well provide an avenue for lawyers to be seen as 'likeable' human beings.

Exploring the portrayal of legal identity in Ally McBeal involves understanding culture as a meaning-making process. That is, a process which facilitates the construction of meaning, both individually and collectively. It is this process that has an impact on the identity of lawyers as viewed by the general public, and so in the first section of this paper, I spend some time explaining the notion of culture as it relates to the process of constructing meaning. The second part delves into the text of Ally McBeal as a site where popular culture and legal identity collide, in order to highlight particular representations; and the final section discusses the implications of these representations for the meaning-making process of the audience.

It is important to note, that in this paper, I purposely avoid discussions of whether the portrayals correlate with legal reality, as this is often discussed at the expense of a deeper analysis of what perceptions are actually created within the minds of the public. While much time could be spent justifying why questions of verisimilitude are not pertinent here, two main reasons can quickly be given. First, the generation and perpetuation of meaning about lawyers is an inevitability, regardless of whether or not the representations are accurate, and so a discussion of their correlation with reality is irrelevant for the purposes of this paper. Secondly, much cultural theory is based on the idea that there can be no unbiased projection or representation of the world; that is, there is no reality as such ' only 'constructed reality'. So what do you classify as 'real' in the first place? For these reasons, my focus in this paper is solely on the perceptions that are transformed in the minds of the viewing public.

Notions of Legal Culture

As Ally McBeal is a cultural text, attention needs to be devoted to understanding the process of 'meaning-making' and the role it plays in creating and reflecting attitudes about legal identities. A text cannot be reduced to a single, fixed 'meaning' because meaning doesn't inhere. Rather the text will always be open to various interpretations of the members of the audience [5] , and because there will never be a single correct meaning to be gleaned from a particular text, the process of making meaning is largely interpretive. By inquiring into Ally McBeal as a cultural text, insight can be gained about the shared meanings and social reactions to the role of lawyers in our culture.

Most scholarship on cultural studies indicates the complex nature of defining 'culture'. Over time, the notion of culture has evolved from an explanation of the process of human development, to a social description of a way of life that focuses on meaning. [6]

Hall argues that culture involves 'all those practices which are not simply genetically programmed into us but which carry meaning and value for us'it is what distinguishes the 'human' element in social life from what is simply biologically driven.' [7] It is this notion of culture that I want to utilize here: one which emphasises shared meanings, where culture is discussed as a set of practices and processes that utilise a representational system to produce and exchange meaning. [8]

Using this approach to culture means that a notion of legal culture would encompass those practices and processes that facilitate the production and exchange of meanings unique to the field of law. As such, legal culture comprises more than just the attitudes, ideas and opinions about the law that are held by the general public [9] ' it is the creation , transformation and exchange of these views and the contribution they make to the discourse on lawyers generally. Taking this further, popular legal culture therefore embraces the exchange of meaning in relation to the law through texts that are in a form well received by the general public. Ally McBeal is one such text. It is a construction of media language and codes that convey certain cultural information designed specifically for the purpose of entertainment. It is the audience's willing reception of such entertainment that contributes to the process of meaning-making which involves active interpretation and exchange. The reader and writer are equally important in the production of meaning. The consumer does not receive images passively ' but actively; and although authors may have a message or theme that they want to communicate, viewers nevertheless decodes the meaning for themselves and transforms it through the use they make of it in their lives.

Legal Identity in Ally McBeal

If Ally McBeal , as a system of representation, contributes to a reader's construction of what a lawyer is and how they should behave, what does it reveal about the identity of lawyers? What is the representation that is communicated? And what meanings are produced from it? [10]

The award winning legal series created by lawyer David E Kelley presents a world of glam lawyering. The firm Cage & Fish is constituted with a handful of young, successful, glamorous lawyers, with well-appointed offices and high fashion wardrobes. The show centres around the life of young female attorney Ally McBeal and the manic trials and tribulations of her life. A self-confessed romantic, Ally is accompanied in her work by a host of asymmetrical characters, including the 'ice queen' Nelle, sexually promiscuous office manager Elaine, idiosyncratic John and multi-layered senior partner Richard Fish. Although the lawyers on Ally McBeal maintain a successful practice, this fantastical show reveals much more about lawyers than simply their legal prowess. It uncovers the private lives of its lawyers and compels the audience to recognise that these private lives impact on a lawyer's public performance. It exposes the lawyers as characters of complexity and multi-dimensions. The emphasis is on the personal, the more 'human' element, thereby inviting the audience to explore with the characters, their motivations and desires. Further, Ally McBeal reflects a collective legal identity at Cage & Fish that blends elements of individuality and teamwork. They care about each other and are dedicated to working together. But make no mistake, these lawyers do have flawed characters ' they struggle between states of self-servitude and a zeal for justice; their personal lives always interfere with their employment; and they constantly reveal to one another and the audience, the state of their hearts.

Ally McBeal is often classified as a legal dramedy because it is multi-generic and blends elements of soap-opera, romantic comedy and drama. It is quirky and off-beat, and slides in and out of fantasy. These surreal elements are mostly presented through Ally's eyes, but on occasion we are given a glimpse into the inner workings of some of the other characters as well. The cases accepted by the firm are unusual, the methods employed to resolve and litigate them are unconventional, and the lawyers themselves often act very peculiarly. [11] As a result, much criticism has been leveled at the fantastical portrayal of these legal identities, which seems to mask the characters in absurdity. Some argue that Ally McBeal is not even a series which is about the law [12] ; but rather is a program which uses legal issues and the public familiarity with 'the trial' to merely backdrop the real concerns and interests of the show: dysfunctional relationships. This is true, but to discount it as worthy of study just because the law provides a background rather than a focus, is to fail to recognise that a portrayal of lawyers struggling with relationships and quirky social issues can equally encourage public comment on legal issues, and influence perception of lawyers. It is my argument that such representation can actually serve to positively highlight the 'human' element within the 'lawyer'.

What is it about Ally McBeal that could help to facilitate this? Perhaps it is the fantasy sequences and musical soundtrack that reflects and reveals much of what the characters are actually thinking and feeling. Indeed, it is Ally's inner world that is mostly on display and which allows the viewer to judge her actions based on some sort of intimate 'inside knowledge'. Spitz suggests that this absurd and surreal fantasy quality is likely to damage perceptions about lawyers and supersedes any intended comic relief. [13] But this does not recognise the power of the absurdity to reach the 'heart' of the viewer, and to enable them perhaps for the first time, to relate to a lawyer. If, as he argues, all images we come across affect our subconscious and inform our perceptions about the world [14] then it is possible to help foster positive perceptions through the use of absurdist, exaggerated representations. That is, by showing the emotional reactions of lawyers through these sequences, the law is humanized. They remind people that lawyers are capable of wishing and dreaming, of being vulnerable, of making mistakes and of being afraid. Sure, the line between reality and fantasy is taken well beyond blurry in this show, but that is its appeal, that is what enables the viewer to understand and empathise with the character! Take for example occasions when we are transported from reality to see Ally swimming through a flooded office when she is overwhelmed, or to see her visualize breathing fire at her colleagues when they anger her, or even to see her imagining herself as a tiny miniature girl sitting in a huge oversized boardroom chair when she is suffering from a lack of self-confidence. It is these sequences of exaggerated circumstances and emotions that (as well as being entertaining) may project to the viewer that lawyers can possess 'human' elements to their character. These sequences reveal to the audience a lawyer who is struggling to navigate a professional life and private social existence that are inextricably intertwined.

Since the time when LA Law hit the small screen, legal dramas have increasingly portrayed lawyers as complex characters. As compared with earlier times where one-dimensional characters would fit within the traditional dichotomy of heroes and villains, the lawyers in contemporary dramas are multi-dimensional with traits including ambition, determination, greed, sophistication and sensitivity. Contemporary television lawyers display strong argumentative skills in their work and yet often fail to articulate themselves in personal or social situations. These more 'human' characters have private lives that extend beyond the law and very often interfere with their practice of law. They struggle with ethical dilemmas, and they sometimes fail. The lawyers in Ally McBeal typify this characterization. Indeed, as a character driven series, it centres on the lawyers' personal and emotional dilemmas as they navigate their occupation. Each episode explores the characters' relationships within a framework of fluctuating moral values and social issues, and they frequently seem to be conducting cases that reflect the very issues that they are grappling with socially or personally. Ally herself is in a constant state of flux and constantly exposes to the audience her journey of self-exploration, defining herself through the cases she argues. One typical example of this is when Ally was suing a company for the unfair dismissal of an employee who claimed to see unicorns while they worked. As a child Ally had experienced similar visions and so her client's arguments became a transformation of her own views on the matter. On occasions like this, when we are also able to hear her thoughts and see her feelings, we are given a privileged view into how she views and constructs the intersection of her personal and private lives. This intimate view of legal identity is unique to the world of fictional legal dramas on television and may be an important key to a new representation of lawyers ' one which helps the viewer to construct positive meanings about legal identity rather than contributing to negative impressions.

The 'legal identity' that is portrayed on Ally is a mixture of skill, empathy and determination. While the lawyers in this show may sometimes seem to be over-sexed and in serious need of therapy, what is clear about their collective legal identity is that they are a passionate, encouraging and dedicated team that values friendship within the firm. In their work environment these lawyers have a need for friends, for confidantes, and sometimes for competition. As friends, these lawyers share their lives with one another ' they impart and receive advice and support on personal issues, they share secrets, and they encourage each other's professional and personal endeavours. They protect, guide and rebuke one another, and at the end of the day, to the accompaniment of favourite tunes, the lawyers gather downstairs at the bar to sing and dance, and forget office conflicts and personal dilemmas.

On Ally , these lawyers struggle with issues of an ethical, personal or social nature and this is represented as being simply part of their lives like they would in yours or mine. What Ally McBeal may reveal to some viewers is that lawyers are not invincible and they do not have all the answers: they are simply 'human'.

Positive Contribution to Public Perception

On one level Ally McBeal entertains. It tells a story and engages the audience in displaying the neuroses as well as the expertise of its lawyers. On another level, whether it is conscious or subconscious, viewers will come away from watching this show with a construction of meaning about how they think lawyers should behave and the type of characteristics they think are desirable in a lawyer. No legal series has spawned as many fan websites as Ally McBeal [15] , and its popularity would seem to indicate that viewers are keen to tune in week after week to immerse themselves in the universe of 'Ally'. This means that the production of meaning about legal identity is taking place. The audience is provided with representational fodder with which to mould and shape into a personal understanding or view of lawyers. Representations of lawyers as people with personalities, fears and dreams can help to create a positive image of the legal profession. The law and its players become humanized by these representations. They remind people that lawyers are human too. We can identify with them. They are not out of our reach! Part of the charm of Ally McBeal is that it provides representations in a way that entices, if not dares, the audience to identify with, and actually like, lawyers.

Perhaps one of the main ways in which Ally contributes positively to the public image of lawyers is its appeal to a wide range of viewers. [16] It brings the law and its players to people who may be quite unfamiliar with legal shows in such an unconventional way that provokes thought and discussion about the actions and behaviour of lawyers. The wider the range of viewers, the greater the contribution is to the meaning-making process about legal identity. And while I do not naively believe that Ally McBeal is not capable of providing negative representations [17] , my argument is that the overall representation of legal identity in this show has the potential to begin positive transformation of the way the public perceives lawyers.

The unique legal issues and the bizarre fantasy sequences on Ally McBeal are tools that allow us entrance into the complicated world of the human spirit. The characters on this show, and most especially Ally, continually reflect the balancing game that we all play in our lives: the attempt to deal with the tension between the shifting borders of our inner and outer realities. The jumping in and out of conflicting planes of existence for Ally as she navigates her legal obligations appeals to our desire to balance and organize our public and private personalities in a world of infinite modification. If we recognize this connection between the lawyers and ourselves, even subconsciously, then we can more easily relate to them. It may be surprising to some people, but it is easy to relate to the character of Ally McBeal ' we have all felt the sting of an arrow through the heart; experienced the cringe factor when we are belittled in front of others; or simply felt the pangs of loneliness. By allowing people to see and hear what is going on inside the heads of these lawyers, public perception may acknowledge that lawyers, like most individuals, are capable of those human traits that have been denied them so long.

Conclusion

It is important to realise that representations of lawyers in popular culture has enormous potential to enhance or erode legitimacy in the legal profession. What people think about the law and its players has important ramifications for the faith the public will place in their law-makers, law enforcers and administrators. And on an even more basic level, the trust they will place on their legal representatives when the time comes to require one. By contributing to positive perceptions of lawyers, Ally McBeal allows for the meaning-making process to evolve. That is, the process begins with viewers watching the program and decoding the meaning according to their own cultural competencies; it continues as the viewer transforms this meaning through their interaction and discussion with others; and it has an impact when it results in the alteration of perception in even the smallest way. Following my argument, the negative perception of lawyers has the potential to be transformed through the production of meaning in shows like Ally McBeal. This process is never complete, and the more that viewers mould their attitudes in response to the positive representations of lawyers on television, the more ice is chipped away from the cold image of lawyers many people hold.

Television does not simply reflect the social world of lawyers, or cultural identities that are already formed, but rather it helps the audience to construct identities by representing them in various ways. I have identified Ally McBeal as a potential source of positive representations of lawyers on television. It is my argument that the lawyers in this show are often portrayed as empathic, sensitive and subject to the same emotions as you or I. My argument has been that by revealing the television lawyer's heart and emotions, the public image of the legal profession may be enhanced, because the lawyers are easier to identify with and relate to ' and that with increased participation in the meaning-making process, the public perception may be improved to the point where it will no longer be an oxymoron to say 'honest lawyer', or 'caring lawyer', or 'lawyer with heart'.

[1] Cassandra Sharp is an Associate Lecturer, Faculty of Law, University of Wollongong, and member of the Legal Intersections Research Centre.
Email: cassandra_sharp@uow.edu.au .

[2] See D Weisbrot, Australian Lawyers , 1990, Longman Cheshire Melbourne, p 16ff for various disparaging references to lawyers in popular culture, including: Luke 11:46 for Jesus' indictment of lawyers; and references from Plato, Keats, Dickens and Shakespeare.

[3] Denvir, 'Law, Lawyers, Film & Television' (2000) 24 Legal Stud Forum 279; Rappoport, 'Dressed for Excess: How Hollywood Affects the Professional Behavior of Lawyers' (2000) 14 ND J L Ethics & Public Policy 49; Lawrence Friedman, 'Popular Culture: Law, Lawyers and Popular Culture' (1989) 98 Yale Law Journal 1579; Stewart Macaulay, 'Popular Legal Culture: An Introduction', (1989) 98 Yale Law Journal 1545.

[4] It is important to note that where I am referring to the word 'heart' in this paper, I am using it in the context of displaying human emotion rather than simply connoting love and positive feelings.

[5] K Selby and R Cowdery, How to study television 1995, Macmillan Press Ltd London.

[6] P Du Gay, S Hall, L Janes, H Mackay and K Negus, Doing Cultural Studies: The Story of the Sony Walkman 1997 Sage Publications London, pp 11-12.

[7] S Hall, Representation, Cultural Representations and Signifying Practice 1997, p 3

[8] ibid.

[9] Friedman argues that legal culture is comprised of the general public's ideas, attitudes and opinions that are legal in content. See Lawrence Friedman, 'Symposium: Popular Legal Culture: Law, Lawyers and Popular Culture' (1989) June 98 Yale Law Journal 1579, at 1579.

[10] It is important to realize that here, where I postulate some interpretations of what is portrayed, I am not intending to reduce the text to an isolated interpretation. These are just my reactions to the representations and one construction of meaning that could be produced from it.

[11] Some examples of strange behaviour: John's use of a remote toilet flusher because he 'likes a clean bowl'; Ally chasing an imaginary dancing baby or hallucinating Al Green serenading her in the courtroom; and Richard's politically incorrect way of saying out loud what most people have difficulty even admitting that's what they think.

[12] Many colleagues and friends often use this argument to refute the choice of Ally McBeal in a study of legal dramas.

[13] See David M Spitz, 'Heroes or Villians? Moral Struggles v Ethical Dilemmas: An Examination of Dramatic Portrayals of Lawyers and the Legal Profession in Popular Culture' Winter (2000) 24 Nova Law Review 725, at 736.

[14] ibid at 735.

[15] My own research of Internet sites revealed that at least 50 website home pages were dedicated solely to the show and its characters. This can be compared with other legal dramas which only had about 5-7 website links. The interest in Ally McBeal has generated WebPages that include chat rooms, lists of quotes, and episode guides and histories.

[16] Brett Kitei, 'The Mass Appeal of the Practice and Ally McBeal: An In-Depth Analysis of the Impact of These Television Shows on the Public's Perception of Attorneys' (1999) 7 UCLA Entertainment Law Review , 169 at 183.

[17] O ne look at Richard Fish and you know this is not true.