The courtroom on television, and in real life

As the fictional lawyer gets up to defend his client in a bankruptcy case, his glib and casual nature might catch the eye of the audience at home. He might be a darling of the fanzines and even have a growing list of Facebook Friends and Twitter followers who hang on every new communication, no matter how mundane.

The fictional character may snap at the opposing council, ridicule the bailiff, and perhaps even poke fun at the judge. It all looks good on television. It drew audiences in droves back in 1979 when Al Pacino played the idealistic lawyer, Arthur Kirkland in the film, And Justice For All. Arthur, a defense attorney, famously screamed at the judge in court, “You're out of order. You're out of order. The whole trial is out of order.”

Of course in the movies that works out. Popcorn and chocolate covered raisins are eaten, soda is consumed in massive ice laden cups, and everyone goes home entertained and happy.

That's not so much the case in real life. Consider the case of Florida bankruptcy attorney Kevin Gleason, who while in the process of defending his client allegedly referred to a judge's opinions as being half-baked, and if reports are to be believed, even went so far as to have a bottle of wine delivered to the judge's chambers.

That might fly in the movies, and it might be a hit on television, but it's a significant issue in the courtroom where decorum and process are taken very seriously. You see, in Florida a bankruptcy judge has the authority to bar an attorney from practicing bankruptcy law in the district they serve in.

As you can imagine, if the attorney's area of focus is bankruptcy law, being officially prevented from practicing his or her trade in the region where they live, could be a problem.

In Florida, it is more typical for attorneys to be disciplined by other attorneys, or even by the Florida Supreme Court, with a recommendation from the Florida Bar. However, this current situation could establish a precedent as to how that process might work in the future.

The lesson in this case is clear, however. Watching loads of Perry Mason reruns, or a Franklin and Bash marathon will not prepare any of us to perform with excellence in the courtroom. Not in real life, anyway. The ramifications of the real judicial system can be significantly more harsh than those you typically see at the conclusion of an episode of a weekly television show. Mr. Gleason can certainly attest to that – personally. And that's undoubtedly true no matter which way his hearing goes.