Production Counsel

Advice on the accuracy of the law in film and TV

When it comes to advising on the accuracy of the law as portrayed in film and TV, Law tutor is a legal consultant or production counsel that can help you and play a vital role. My goal is to ensure that any legal procedures, terminology, or courtroom drama depicted on screen are as accurate as possible, while still fitting within the creative needs of the story. Read about me.

Here’s how advising on the accuracy of law in film and TV typically works:

1. Script Consultation

  • Review of Legal Scenes: Law Tutor often review scripts that involve legal proceedings (e.g., courtroom scenes, depositions, arrests) to ensure that the actions of lawyers, judges, police, or other legal professionals align with real-world practices.

  • Accurate Legal Dialogue: I help ensure that legal terminology is used correctly, avoiding common mistakes like mischaracterizing charges, incorrect use of legal terms (e.g., “hearsay” or “Habeas corpus”), or inaccurately referencing court procedures.

2. Realism in Courtroom and Legal Procedures

  • Courtroom Protocols: I ensure that courtroom scenes reflect proper protocols, such as the role of judges, barristers, solicitors and witnesses, how evidence is presented, and how cross-examinations are conducted.

  • Lawyer Conduct: I may also provide input on how lawyers should behave during trials, negotiations, or other legal settings, reflecting the ethical obligations and conduct required by the legal profession.

3. Accuracy in Criminal and Civil Procedures

  • Criminal Law: In crime dramas, I ensure that the portrayal of investigations, arrests, interrogations, and trials follow the correct legal standards. This could include details like how warrants are issued, the rights of suspects (e.g., Miranda rights), and how evidence is handled.

  • Civil Law: For shows or films involving civil disputes, I advise on how litigation, contract disputes, or settlements are handled in real life. This might involve accurately depicting the filing of claims, discovery processes, and court hearings.

4. Police Procedures and Forensic Accuracy

  • Law Enforcement Depictions: For shows about police work or investigations, as production counsel I may bring experience in law enforcement to verify the legal aspects of police procedures, such as arrest protocols, chain of custody for evidence, and interrogation techniques.

  • Forensics: Ensuring that forensic methods like DNA analysis, fingerprinting, and autopsies are presented accurately (or at least realistically within the plot) is a key area where I as a legal consultant can contribute.

5. Ethical and Legal Constraints

  • Ethics and Law: I may guide filmmakers on how to depict ethical dilemmas that lawyers face, ensuring that the characters stay within (or violate) the boundaries of professional ethics in believable ways. For example, barristers and solicitors' obligations to clients (like lawyer-client privilege) need to be depicted correctly, especially in shows about legal ethics or moral conflicts.

  • Legal Limits: I also highlight how far the law allows certain actions, such as wiretapping, plea bargains, or settlement negotiations, and how breaching these legal boundaries would be treated in real-world situations.

6. Balancing Accuracy with Creative License

  • Artistic Flexibility: In many cases, a perfect portrayal of the law can slow down or complicate a narrative. I help find a balance between sticking to the facts and allowing for creative storytelling. For instance, a legal scene might compress a long trial into a few minutes, but still retain key elements that feel true to life.

  • Dramatic Elements: Some shows may emphasise drama over accuracy, but during production my consultancy will advise on which elements can be modified for storytelling purposes without completely losing realism (e.g., speeding up the timeline of legal proceedings).

7. Real-Life Cases and Legal Realism

  • Fact vs. Fiction: When dealing with stories inspired by real-life legal cases, I help ensure that the portrayal of the legal system reflects the truth. If the film or show is a docudrama or based on actual events, the stakes for legal accuracy are often higher, and I may be called in to fact-check the entire legal narrative.

  • Legal Consequences of Inaccurate Depictions: Some productions may consult me to avoid misrepresenting the law in ways that could result in defamation or misleading information, particularly when real people or events are involved.

8. Advising on Public Perception of Legal Issues

  • Social Impact: Sometimes, filmmakers want to convey a particular message about the legal system (e.g., wrongful convictions, systemic bias, or the challenges of criminal defence). I will advise on how the system operates in those areas so that the message comes across effectively while remaining true to reality.

  • Misleading Stereotypes: I will help avoid perpetuating incorrect or harmful stereotypes about the legal system, such as over-dramatizing or misrepresenting how often certain tactics, like surprise witnesses or shocking confessions, actually occur.

9. Accurate historical legal reporting

  • Accurate historical legal reporting: refers to the practice of documenting and analyzing legal events, cases, and decisions with high fidelity to the facts and context. This type of reporting is crucial for preserving the integrity of historical records and ensuring that legal developments are understood in their proper time and place.

  • Judicial decisions: Accurate accounts of rulings, including majority and dissenting opinions, are critical. Misrepresenting or simplifying rulings can lead to a distorted understanding of precedent.

  • Case details: The facts of the case, the legal arguments presented, and the laws or statutes in question must be reported correctly.

  • Using court transcripts: legal briefs, and official statements is essential for accuracy. Secondary interpretations can introduce errors or subjective viewpoints.

  • Legal background: The historical, political, and social context in which a case occurs can significantly affect how it is interpreted. Legal precedents, cultural norms, or political climates should be clearly reported to help understand why decisions were made.

  • Accurate legal reporting: shapes public understanding of the law and ensures that historical records reflect the true nature of judicial actions.

Examples of Legal Consulting on Famous Films and TV Shows

  • "Suits": Although “Suits” dramatises legal conflicts, legal consultants helped ensure that the dialogue and situations involving mergers, acquisitions, and corporate litigation were grounded in real legal principles, even if compressed for drama.

  • "Mr Bates vs The Post Office": Former subpostmaster Alan Bates oversaw the court case that informed the ITV drama series Mr. Bates vs The Post Office. Based on a malfunctioning computer system, the show dramatises the actual Horizon scandal—in which hundreds of subpostmasters and postmistresses were falsely accused of theft, fraud, and erroneous accounting. Considered as one of the most major miscarriages of justice in British history is the controversy.

  • "Silk": When watching this TV series you might forget you are viewing a TV drama not real life events because so skilfully done. Though the characters are realistic and eloquently developed, Maxine Peake is the show's unquestionably brilliant star!

In sum, advising on the accuracy of the law in film and TV involves a mix of ensuring that legal principles, processes, and terminology are portrayed accurately while also working with the creative team to maintain the dramatic flow and impact of the story. I can bridge the gap between legal realism and cinematic storytelling.