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Will the BBC's Silk portray the reality of female lawyers?

Let's hope the new series avoids the picture of unfulfilled women at law popularised in Hollywood films such as Jagged Edge

Jeff Bridges and Glenn Close in Jagged Edge (1985)
Glenn Close (right) played a lawyer in love with her guilty client, played by Jeff Bridges, in Jagged Edge (1985). Photograph: Ronald Grant Archive

In a recent press release, the BBC promised that its new legal drama series Silk would present a true-to-life portrait of a female barrister applying for QC or "silk".

On the big screen female lawyers have not fared all that well in representing their real-life counterparts, despite similar promises from Hollywood. This was especially true in the 1980s and 1990s, when female stars were cast almost obsessively as lawyers: Glenn Close in Jagged Edge (1985), Cher in Suspect (1987), Jessica Lange in Music Box (1989), Barbara Hershey in Defenseless (1991) , Susan Sarandon in The Client (1994), and Julia Roberts as a law student in The Pelican Brief (1993), an assistant US attorney in Conspiracy Theory (1997), and a legal assistant in Erin Brokovich (2000) – to name just a few.

These Hollywood lawyers are women in or just beyond their 30s and dismally aware of time's passing as they labour at their desks or sometimes in their beds – with piles of legal briefs rather than lovers lying next to them at night. All are single, unhappily so, or divorced. Some are passionate, excessively so, in a profession that demands rational balance. Others are rigidly rational, tipping the balance again.

Why are these seemingly well-educated, intelligent, attractive, and potentially powerful women of the law presented as personally unfulfilled and professionally deficient? And why do they abound in American movies of the 1980s and 1990s?

Hollywood's production of so many female lawyer films, it would seem, answered a feminist call for women in central, positive, professional roles at a time when men dominated those positions onscreen. The films also allowed the industry to demonstrate its currency with larger cultural trends. After facing decades of discrimination, women accounted for more than a third of US law students by the mid-1980s, and by 2000, more than half of all US law students were women.

At the same time, the conservative New Right took hold with the election of Ronald Reagan to the presidency for two terms (1981-1989), followed by George HW Bush for one term (1989-1993) – years marked by backlash responses to feminist gains and by rhetoric stressing family values. Appointing Sandra Day O'Connor as the first woman justice of the US supreme court, Reagan strategically appeared to support equal rights for women, while positioning the conservative O'Connor to advance his own aims.

Films about female lawyers of the period adopted a similar strategy. They gave the nod to liberal feminist politics through stories featuring women lawyers, yet they also exercised strategies of containment in response to women potentially gaining genuine power within the law, one of the most staunchly patriarchal of institutions.

Whether falling in love with their murderous clients, such as in Jagged Edge, or compromising their professional objectivity in the legal defence of a father or a surrogate son in Music Box and The Client, respectively, the cracker-jack female defence attorneys pose a threat to the proper functioning of the law.

These films, like so many others of the period, "play it both ways", as film scholar Thomas Schatz has said of Hollywood genre films. Each story manages "to both criticise and reinforce the [culture's] values, beliefs, and ideals."

By contrast the Irish/UK production, In the Name of the Father (1993), more coherently indicts the justice system itself, in its narrative about the trial of the Guildford Four. Famed civil rights attorney Gareth Peirce, played by Emma Thompson, defeats the corrupt magistrates by means of the very system they govern and uphold. Unlike most Hollywood films, this one exposes a failure of the legal system rather than a failure of the female lawyer who is forced to negotiate within this system, already organised to displace her.

The BBC describes actor Maxine Peake's barrister in Silk as "in her 30s, single, passionate". Although the adjectives echo traits of the Hollywood female lawyer, writer Peter Moffat, also behind Criminal Justice and North Square and a former barrister himself, claims the series will "tell it as it really is". Hopefully that commitment to realism will extend beyond plot and action to the representation of the female barrister as she navigates the many trials of the legal system.

• Cynthia Lucia is author of Framing Female Lawyers: Women on Trial in Film, director of film and media studies at Rider University in New Jersey and film review editor of Cineaste magazine.


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  • roastpudding roastpudding

    9 Aug 2010, 8:48AM

    This comment has been removed by a moderator. Replies may also be deleted.
  • justagirl25 justagirl25

    9 Aug 2010, 9:29AM

    Can't we say the same about male leads in a lot of movies like that?
    I mean they struggle with bad relationships or are single or have other problems just as much.
    Seems that a movie about a man or a woman who has it all together seems a bit boring.

    I know what you are trying to say and you probably have a point but your examples arent very good. Julia Roberts in the Pelican Brief wasn't lying in bed thinking the time was ticking away, she was just a student. And in the Erin Brockovich, she was a single mum struggling to provide for her family. Somehow I dont feel those examples portray the picture you paint.

  • woodlington woodlington

    9 Aug 2010, 9:56AM

    @justagirl25 - totally agree, particularly with your first para. That was what made Sam Mendes' Away We Go stand out last year - a film about a normal, happy couple. Although even there, the adventures were all about meeting other dysfunctional couples.

    Not sure if we can really blame the film makers. I mean, I'm very happy in my life - happily married, perfectly good job - but I accept that a film about it would be rather boring. My mum might like it... :-)

  • renaissancemoron renaissancemoron

    9 Aug 2010, 10:08AM

    You illustrate the piece with a shot of Glenn Close, whose role as lawyer Patty Hewes in the brilliant DAMAGES is way more up-to-date than any of the examples mentioned, and sets the bar for the next 'female lawyer show' to come along.

    Except that DAMAGES is hardly a 'female lawyer show' with obligatory work/home issues and putdowns by male colleagues.. Close has as complex and empowered as a dramatic role as any actor can hope to get, on TV or anywhere.

  • mintslice mintslice

    9 Aug 2010, 11:04AM

    Well this really is the cutting edge of feminism - you can forget about migrant outworkers, rape crisis centres or men failing to cough up with their child support payments- what we REALLY should be worrying about is whether fictnal characters are being played in a balanced manner.

    In my professional experience the last thing you want to do is portray the reality of women lawyers- unless you want a pandemic of narcolepsy among viewing audiences.

  • vonHelldorf vonHelldorf

    9 Aug 2010, 12:00PM

    This a good article with some interesting points. The majority of people in law now are women; I am sitting in a department of a solictors offices now, housing 20 people, 17 of which are women.

    However, I think it is worth noting that barristers and solicitors lead different working life-styles. Barristers are generally self-employed, having the ability to pick and choose when they work. Whereas some solicitors work up to 80 hours a week, obviously giving them hardly any time to themselves, fitting the description of this said 'lonely' barrister.

    The key point is that a barrister doesn't have to work 80 hours a week and live a lonely and depressing life if they don't want to.

    Anyone who wants a profession in law should expect to work grueling hours as to make it to the upper heights of law.

  • mintslice mintslice

    9 Aug 2010, 1:05PM

    Thanks Natalie - i wasnt really criticising the coverage in your excellent newspaper, but the lengths to which some folk will go for an "angle".

    I mean, really.

    One day someone might do some groundbreaking research into whether people just watch the telly to be entertained?

    Meanwhile, Ill stick with Glenn Close in "Damages" - who, funnily enough, isnt too far off the sociopaths Ive actually dealt with in the legal profession (although Glenn has much better lines).

  • shemarch shemarch

    9 Aug 2010, 1:08PM

    The often underrated Laura Linney was an excellent opponent for Richard Gere in Primal Fear. She was nearly strangled by the amazing Edward Norton, who should have won the Oscar for Supporting Actor.

  • NatalieHanman NatalieHanman

    9 Aug 2010, 1:11PM

    Staff Staff

    @mintslice I don't know ... I'm quite convinced by research that suggests what people watch on the telly - or read in newspapers - can impact on their views, maybe even actions. If legal dramas/films endlessly show women in a certain way, won't that colour what people think of the reality, even if we're not so gullible as to consciously believe everything we see/read. Also, it's annoying! I watch the telly to be entertained, but sometimes it's so frustrating to see boring - and, yes, even damaging - stereotypes played out again and again.

  • loftwork loftwork

    9 Aug 2010, 1:42PM

    "The key point is that a barrister doesn't have to work 80 hours a week and live a lonely and depressing life if they don't want to."

    They do if they want to eat. Especially since they only get what solicitors pay them, which is a very meagre slice of a depressingly small pie.

    I'm not looking forward to this series - sounds more like Cavanaugh out of "Amour, Gloire, Beaute" than anything else, especially with all the healthy shagging to establish she's not just a spinster with a vocation. What I'd really like is, well, reality - more like a hard-working and chronically underpaid Mrs. Rumpole than anything else. Mind you, the new heroine must be in commercial law if she's going for silk in her 30s. I've heard that silk is a bit of a disaster, income-wise,

  • Peejaytee Peejaytee

    9 Aug 2010, 1:58PM

    the BBC promised that its new legal drama series Silk would present a true-to-life portrait of a female barrister applying for QC or "silk".

    Pardon me, but the idea of some drama being derived from whether or not someone is made a QC, is calculated to send me off to sleep

    After all, being made a QC is a blatantly self-serving distinction for (almost exclusively) barristers. Basically it gives you the right to charge double ordinary fees, and to provide ludicrous opinions to whoever needs to pay for it, on the basis that as it was from a silk, it must be right.

    There are good QCs but there are also some that are falling-down alcoholics, domestic violence abusers, sexual harrassers, and puffed-up, arrogant so and sos. Some of them I wouldnt trust to go on an errand to buy a paper at the local shop.

    As a QC, the title is not subject to any continuing accreditation so you can exploit it to make money and prosper as much as you like

    Now a series that exposed the truth, and featured an ethical lawyer, battling the powers that be in the system, against the public school boys club it is.....not that would be worth watching.

    not this dross

  • Peejaytee Peejaytee

    9 Aug 2010, 2:00PM

    the BBC promised that its new legal drama series Silk would present a true-to-life portrait of a female barrister applying for QC or "silk".

    Pardon me, but the idea of some drama being derived from whether or not someone is made a QC, is calculated to send me off to sleep

    After all, being made a QC is a blatantly self-serving distinction for (almost exclusively) barristers. Basically it gives you the right to charge double ordinary fees, and to provide ludicrous opinions to whoever needs to pay for it, on the basis that as it was from a silk, it must be right.

    There are good QCs but there are also some that are falling-down alcoholics, domestic violence abusers, sexual harrassers, and puffed-up, arrogant so and sos. Some of them I wouldnt trust to go on an errand to buy a paper at the local shop.

    As a QC, the title is not subject to any continuing accreditation so you can exploit it to make money and prosper as much as you like

    Now a series that exposed the truth, and featured an ethical lawyer, battling the powers that be in the system, against the public school boys club it is.....now that would be worth watching.

    not this dross

  • vonHelldorf vonHelldorf

    9 Aug 2010, 2:18PM

    I can assure you a good barrister gets paid enough money to eat, without working 80 hours a week.

    I agree with peejaytee, some barristers are nice, but the majority are arrogant, narcissistic, ignorant and socially unaware fools. I like your ideas on what you'd like to see. It sounds very reminiscent to a Mr Michael Mansfield QC's rise and success.

  • loftwork loftwork

    9 Aug 2010, 3:25PM

    "some barristers are nice, but the majority are arrogant, narcissistic, ignorant and socially unaware fools"

    And you know this because you're not a barrister?

    I'm not Albert Einstein - would you like my opinion of theoretical physicists? They are immensely wealthy, live in country estates called Wayne Manor, and spend hours and hours in an underground lab creating Red Kryptonite.

  • normangunston normangunston

    9 Aug 2010, 9:14PM

    it was foolish of the BBC to hold up "true to life" as a stick with which to beat this show, and to give this reheated polemic some currency.

    As a screenwriter I draw from life but bottom line my job is to entertain, not set the world to rights.

  • loftwork loftwork

    10 Aug 2010, 12:14AM

    "By what standard are barristers struggling to make ends meet?"

    By the same standard that results in most of them dropping out during their first 5 years of Call. Commercial barristers are better paid than their criminal colleagues. Most criminal barristers would make more as plasterers.

    The myth that all barristers are wealthy is just that - a myth. But it serves government well - squeeze the life out of Legal Aid because nobody cares whether criminal advocates can survive on it. Eventually we'll have a US style system with Public Defenders and all the justice money can buy.

  • StrokerAce StrokerAce

    10 Aug 2010, 8:04AM

    I just hope Silk includes a plenty of probate, conveyancing and ambulance chasing so it truly represents the reality of female lawyers and indeed the legal profession at large.

  • CynthiaLucia CynthiaLucia

    10 Aug 2010, 4:07PM

    Contributor Contributor

    Just-a-girl makes an interesting point. But here's what I've found--before the 1980s-1990s Hollywood production of a slew of women-in-law films (some not strictly lawyers), male lawyers in film may have been conflicted, but, in the end, they pretty much were heroic savers-of-the-day (or of the "right side" when it came to the issues at stake [To Kill a Mockingbird, Knock on any Door, Witness for the Prosecution, Anatomy of a Murder]). Their mission and the institution of the law were very much in synch. It was after the surge of women-in-law films that male lawyers had more trouble (Presumed Innocent, The Firm, Primal Fear, The Rainmaker, A Civil Action). As several people pointed out--why would we want films about men or women in law without drama and conflict? That would be a snoozer. But there is a difference in terms of how male and female protagonists are "positioned" in relationship to that conflict. Rarely, for instance, do women "speak" in voice over as figures of authority in the 1980s and 1990s women-in-law films, but many of the male lawyers in that era do--just a subtle way in which they are "granted" a narrative power and a power derived from language (linked so closely to the law). In some movies like Suspect and Defenseless, the female protagonist is displaced in her position as main character by a man who either must assist or must save her. Just as the legal system marginalizes her, so too, then, does the narrative system.

    True as one reader points out--all examples don't fit the larger pattern--and I wouldn't claim they do. Yet even in Erin Brokovich we have a dedicated woman who becomes an activist, and the drama tends to place as much or more emphasis on the personal sacrifice involved and the guilt it induces--particularly centered on her role as mum. Nothing wrong with that , really, but how many times have you seen a man-in-law film in which the male protagonist, after working tirelessly for a good cause, bursts into tears when he is told that his baby spoke his first words and Dad wasn't there to hear it? He's not supposed to feel guilty about such things but a woman professional somehow is. And we are positioned to accept that as natural, which just goes to show how we and the stories we produce are very much products of our culture and the system of "laws" that govern it.

    Another reader makes the excellent point that maybe this is all a little simplistic and very much less important than issues of poverty and rape, for instance. Yet somehow get a sense of why women as rape victims may have such a hard time of it in the legal system when we begin to look at the way stories about law are told and ways in which they mediate--even indirectly-- and naturalize already existing structures of power.

  • sanspeur sanspeur

    10 Aug 2010, 4:16PM

    I vaguely remember watching North Square, made by the people involved in the new drama"Silk"; it was ok, and starred Rupert Penry-Jones, who is in the new show. I suppose it will be a derivative crowd pleaser, but it would be daft to speculate on a show which hasn`t aired yet. I hope that there will be some good roles for women in it.

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