Real Lawyer Reacts to Daredevil (The Trial of Frank Castle) // LegalEagle
3,190,310
Published 2019-06-27
Is Frank Castle a hero or a villain? Is Matt Murdock a good lawyer or a bad one?
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Special thanks to Daredevil expert, Nando v Movies, for the assist! Check out the channel here: / @nandovmovies
I especially love his pitch for Ant Man 2: • Nando Pitches Ant-Man 3
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A legal analysis of Frank Castle's trial from season 2 episode 7 and 8 of Marvel’s Daredevil. As Vulture eloquently put it: “In the Marvel Cinematic Universe, the “trial of the century” does not concern O.J. Simpson, but Frank Castle. It’s finally time for the Punisher to stand trial, and thanks to just about every imaginable thing going wrong, Nelson and Murdock must defend him against District Attorney Reyes, who has a stacked deck and enough clout to steamroll our favorite tiny firm with ease.”
The trial starts with jury voir dire. For inexplicable reasons the judge is mad at counsel for their inability to find an unbiased jury. Things go off the rails from there. At lot of good procedure, but right off the bat, the judge should have declared a mistrial. Still, fun to talk about reserving opening statements, federal rules of evidence, and expert cross examinations.
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I get asked a lot about whether being a practicing attorney is like being a lawyer on TV. I love watching legal movies and courtroom dramas. It's one of the reasons I decided to become a lawyer. But sometimes they make me want to pull my hair out because they are ridiculous.
Today I'm taking a break from representing clients and teaching law students how to kick ass in law school to take on lawyers in the movies and on TV. While all legal movies and shows take dramatic license to make things more interesting (nobody wants to see hundreds of hours of brief writing), many of them have a grain of truth.
This is part of a continuing series of "Lawyer Reaction" videos. Got a legal movie or TV show you'd like me to critique? Let me know in the comments!
All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).
Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!
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All Comments (21)
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Listen to Marvel Comics and get a two free originals and a 30-day trial of Audible (and support this channel): www.audible.com/legaleagle
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Yes, recently it has come to everyone's attention that Matt Murdoch is a really good lawyer. Hope no one throws a brick at him.
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"Lawyer's gotta have a side hustle I guess" Says a lawyer as part of his side hustle :)
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For context's sake: Foggy isn't an experienced lawyer, that's why he was so nervous and thought that woman was good. Foggy has a bit of an impostor syndrome when Matt isn't around, which he overcomes later
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Me: oh wow these guys are making pretty good points here. Lawyer: this is completely irrelevant and not realistic. Me now: pfhh this is a complete mockery of the legal system and is completely unrealistic.
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Frank: "those people I killed..." Matt: "Allegedly!!"
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Actor: She is good. Real Lawyer: No she's not.
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In Matt's defense - the Frank Castle trial was one of Matt's worst moments as a lawyer in the show on purpose, so I think it's a little unfair for this to be the test of his Lawyering.
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I surprised that none of the lawyers I've seen react to Daredevil ever mention the fact that the SECRETARY (Karen) is far too involved in the court proceedings. This would breach so many ethical codes, even for small law firms.
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PLOT TWIST: this lawyers ACTUALLY a hardened vigilante at night and lied about some of these lies to throw away suspicion on his nightly activities
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Best part: (In scene)"She's good" (Commentary) "No, she's not."
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Despite missing the opening statement, I can confirm that, canonically, Matt Murdock is really good lawyer
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Objection: You left out the best part; when Frank starts yelling " I'll do it again! I'd kill them all!"
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Mat murdock is late to the trial but he can still hear the trial for miles away so he can catching up with the trial at least
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"If trial is tomorrow, you need to talk to your client beforehand." If I recall correctly, they only had like two days between Castle taking them on as his lawyers and the trial happening, he wouldn't talk to anybody but Karen, and Matt was constantly being dragged away by Elektra. Not saying it's an excuse, but, it wasn't particularly easy for them to communicate either.
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God I miss Daredevil, it may not be the most accurate lawyer wise, but it was such a great show. I’m rewatching it right now and I LOVED the whole Frank Castle prequel and season 3 is so damn dark and good. I wish it wasn’t cancelled, S3 got rave reviews.
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I want Hollywood to make a law movie where an attorney walks into the well, approaches the jury, and gets tackled by a bailiff
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I like the idea that when the lawyer asks permission to treat the witness as hostile, he proceeds to punch him in the face when asking questions.
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Matt: "This guy is basically psychic and one of if not the best fictional lawyers ever." LegalEagle: "Thanks now I know to never hire him."
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And in Matt's defense as a lawyer, this scene is from the 2nd season, which is basically about Matt's personal life and vigilante life falling apart and him not being able to balance the two. That's why he was late and a bad lawyer, he's usually brilliant in normal circumstances (not talking about the realist lawyer stuff, just his professionalism).
