White Shoe, Black Hat
Michael Clayton's devastating critique of the legal profession.
The screenwriter Tony Gilroy wrote all three insanely successful Bourne movies, and you could be forgiven for thinking that his directorial debut, Michael Clayton, which is nominated for seven Oscars and out on DVD this week, is a thriller. In the Bourne tradition, Clayton features terse dialogue, a pair of professional killers, and one exploding Mercedes. But beneath the expertly deployed suspense lies something more interesting: an indictment of the mercenary universe of white-shoe law firms and a devastating—and unusually accurate—look at the demoralized lives of the lawyers who work for them. Granted, George Clooney's Clayton is an improbable 17th-year associate. But when he says, "I'm not a miracle worker; I'm a janitor," he could be speaking for the whole profession.
Michael Clayton's true cinematic predecessor isn't The Firm or A Civil Action but another movie about professional burnout, Network, in which Peter Finch's unhinged anchorman becomes a sort of mad prophet, decrying the decline of nightly news. The joke in Network is that Finch's character is obviously nuts, but he might also be right. "This is not a psychotic episode," he bellows. "This is a cleansing moment of clarity!"
Clayton's mad prophet is Arthur Edens (the blissfully frazzled Tom Wilkinson), a Manhattan litigator in the midst of a manic breakdown. Edens' wife has died, his daughter has run off to Europe, and he has stopped taking his medication. He tabulates the time he has devoted to defending a chemical company, U/North, in a massive class-action case—"Six years. Four hundred depositions. A hundred motions. Five changes of venue. Eighty-four thousand documents in discovery"—and concludes that he has pissed away "12 percent of my life."
Compounding Edens' alarm is a document he has discovered that confirms that U/North is guilty of knowingly selling a toxic product: proof he's been defending the bad guy. As a former prosecutor turned perpetual associate turned fixer for the firm, Clayton is dispatched to get Edens under control. "You are a senior litigating partner at one of the largest, most respected law firms in the world," he says.
"I'm an accomplice," Edens shoots back.
Of course, the lawyer morality tale has been done to death. Gilroy himself has the dubious distinction of having written The Devil's Advocate, which, to paraphrase Churchill, was a high-concept movie wrapped in a pun based on a cliché. But whereas your standard lawyer-finds-his-soul picture unfolds in a fantasy milieu of mahogany furniture and leather-bound volumes, Clayton takes place in the round-the-clock beehive of the modern corporate office. Location shots in the sterile corridors and glass-cube offices of actual New York firms add an element of realism, as do little touches like the team of unhappy-looking young associates dispatched to Milwaukee in the midst of a snowstorm to camp out in a conference room and do depositions.
As Clayton, Clooney has the raccoon eyes and zombie mien of a lawyer sucked dry by the job. Look around next time you're riding the subway, or waiting for your order at Starbucks, and you'll spot the type. It's no secret that lawyers at even the biggest, most prestigious firms are miserable. For half a century the American law firm has flourished on a basic contradiction: The firms pay associates salaries but bill them out by the hour. In the '70s, firms might expect 1,800 billable hours a year; today some New York associates bill 3,000.
In Michael Clayton, as in real life, the firm doesn't employ people so much as consume them, creating a culture in which personal or familial obligations always take second place to work. Like a disproportionate number of lawyers, Clayton is divorced, and in one touching, sadly recognizable scene, he drives his 10-year-old son, Henry, to school, completely lost in his own thoughts as Henry tries to engage him in conversation.
As Karen Crowder, U/North's general counsel, Tilda Swinton plays the villain. But when we glimpse her alone—while she dresses for work or has a panic attack in a bathroom stall—we realize she's just as lost as Clayton. "Who needs balance?" Crowder says, when an interviewer asks how she reconciles her demanding job with the rest of her life. "When you really enjoy what you do ... there's your balance."
When, in a nod to thriller convention, Crowder starts calling in professional hits, it strains verisimilitude. But only just. Her fidelity to the job is absolute—she has nothing else, after all—and she offers a frightening specter of "zealous advocacy" taken to its logical extreme.
Crowder is so tightly wound that she raises an interesting question: Do the studies showing high rates of depression among lawyers tell us something about the profession or the people who go into it? Crowder is a neurotic and a perfectionist; in that respect, she's the kind of lawyer you want on your team. (She will worry so that you don't have to.) But if that's the self-selecting type who migrates to the law, it seems unfair to ask them to be happy as well. "I fear that happiness isn't in my line," Benjamin Cardozo observed in 1933, blaming "the disposition that was given to me at birth."
Patrick Radden Keefe is is a fellow at the Century Foundation and the author of The Snakehead: An Epic Tale of the Chinatown Underworld and the American Dream.
Still from Michael Clayton copyright 2007 Warner Bros. Pictures.