By: The Hon. Julie Kunce Field (ret.)
Thirty years ago, My Cousin Vinny appeared in theaters. A true “fish out of water” story, both for Vinny Gambini (the brand-new New York attorney who travels to Alabama to help his cousin) and for his young cousin Bill and Bill’s buddy Stan, who are mistakenly charged with murder. While the humor comes mostly from that set-up, and from the interactions that Vinny and his girlfriend Mona Lisa Vito have with the townspeople, the heart of the action takes place in the courtroom.
Vinny befuddles and aggravates the judge, played by former Munster Fred Gwynne. Vinny dresses to impress, and doesn’t, especially with his hand-me-down tuxedo. At one particularly memorable point in court, Vinny thoroughly perplexes his honor by referring to his clients (in Pesci’s strong New York accent) as “da yutes.”
For all its humor and fun, My Cousin Vinny, has some excellent lessons for attorneys buried under the laughs. As a law professor, I used this film as an easy, fun reference point for helping law students to think about how to present a case, and how to leverage their trial practice skills. And I often advise attorneys who haven’t seen the movie – or haven’t seen it lately – to watch it now, with an eye towards improving their trial skills, as well as enjoying a classic courtroom comedy.
So while Vinny is a movie that exaggerates the courtroom setting in Hollywood style, there are real lessons here for family law attorneys – particularly those who are looking for a Better Way to and through divorce cases.
You see, Vinny is a fish out of water, not only in small-town Alabama, but also in the courtroom. After being knocked back on his heels a couple of times by the judge and prosecutor, he regroups and learns quickly, with the necessary help of his smart, beautiful girlfriend (in an Oscar-winning performance by Marisa Tomei). For example, he figured out how to prepare for a real trial – his first actual one, since passing the bar (on his sixth try). He learned that he would have to tell a story at the trial, since the heart of a trial is to tell the story of what happened. Vinny’s story at trial ultimately was that it wasn’t “dese yutes” who did the killing – it was two other guys who drove a similar car.
To prepare for the trial, what Vinny did right was that he focused on doing the necessary legwork instead of just relying on his charm and sharp wit. He (finally!) realized that he needed a team to help him – and he brought Mona Lisa Vito onto his team. He set aside his ego and asked for what he needed. He then questioned the information that he had been given, and checked things out for himself. He revised his theory of the case as he did more investigation, got more evidence, and persuaded a reluctant witness (Mona Lisa) to testify as an expert, pulling it all together for the jury. When he focused on doing the work, he found he was less annoying to the judge, and more helpful to his clients. In case you haven’t seen this movie, I won’t spoil the ending, except to say that this fish-out-of-water found that he could swim in a pond that was peculiar to him and find his way.
So, what did Vinny do well that is consistent with being an effective attorney?
Like many people grappling with a divorce, Vinny’s clients were completely overwhelmed by the situation they found themselves in, and looked to him for guidance. Stan, in particular, could not see any way out of the situation into a positive future. Bill was more sanguine.
At first, Vinny felt very lost when he drove into Alabama (even with Mona Lisa in the seat next to him). But when he took the time to really understand what was going on in this area and social setting, he found his footing. Vinny figured out what would work, and what wouldn’t work, in the unfamiliar setting they all found themselves in.
Ultimately, Vinny learned to listen to and respect his clients. He brought together an effective team of people that he knew and trusted to help him stay focused on the important pieces of the process, and on the desired outcome. Vinny told the story of what happened on that fateful day in a way that made sense and was consistent with the evidence. He earned the respect of the judge through his detailed work, even after his initial missteps. He took a hard look at the evidence and figured out what it meant in terms of the case, and to the life and future of his clients.
A client who is facing divorce is also looking to their attorney for guidance, and answers. An attorney who is helping a divorcing client can benefit, as Vinny did, from bringing in an effective team who can explain things to the clients, and to the judge. “Da yutes” at first looked like they were in an unsalvageable situation, and that they had no hope. Vinny and Mona Lisa came through for them by working together and figuring out the process, and the way to present necessary evidence even to a hostile judge.
At the Consilium Institute, we encourage attorneys to help their divorcing clients focus on the future, and on where they envision themselves and their lives, in the years after the divorce. Although we don’t know exactly what happened to “da yutes” Bill Gambini and his friend after they avoided a potential murder conviction in Alabama (thanks to Bill’s cousin Vinny), we can presume that they went on to lead successful, law-abiding lives. Maybe because Vinny had that vision of a positive outcome, it helped Bill change his perspective, too. And once Stan (Bill’s friend) saw that Vinny was capable of success in the courtroom, Stan was able to match Bill’s optimism in Vinny’s representation. Of course, no real-life case is going to neatly go from start to finish in Hollywood’s two-hour-long clock. But (1) maintaining a focus on the client’s future goals, (2) building a team, and (3) telling the client’s story in a coherent way that is supported by the evidence, are at least three tools that real-life, Consilium-trained lawyers can apply from Vincent Gambini’s thirty-year-old playbook and use to bring even the most challenging divorce case to a more satisfactory outcome.