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new most firms will put you in from the

bar and have your license stripped you

lied to a client and he figured it out

yes exactly don't lie to a client you

should not lie to a client and defraud

them

[Music]

hey legal eagles D James Stone here

teaching you how to think like a lawyer

today we're tackling a fan-favorite

highly requested suits now I've never

seen a full episode of suits before but

I'm guessing from the title that it's

about a group of men who wear suits you

can tell I'm I'm very perceptive about

these things as always if you see any

legal or factual inaccuracies please

leave me a comment below in the form of

an objection if you object I will get to

it and I will either sustain or overrule

your objection but let's dig right in oh

and by the way stick around until the

end of the episode where I give suits

episode 1 a grade for legal realism so

you won't want to miss that but without

further ado let's dig in to suits

episode 1 first of all Gerald if you

think anyone's gonna touch this deal

after your bad faith you're mistaken

second the way our agreement works is

the Mini Cooper signed the deal which

gave you everything you wanted our feat

was doing payable which is why instead

of 30 I received confirmation of a wire

transfer from escrow indicating payment

in full wait is is the deal done or not

the no transaction on the planet would

have someone transfer a huge amount of

money before the deal is consummated now

there are companies that deal in this

sort of thing they're called escrow

companies if there is an amount that is

coing from one company to another then

you give your money to an escrow company

they hold it until all the deal terms

are complete and then they turn it over

when certain criteria are met if any

lawyers drafted a deal that had a wire

transfer going before the the terms are

complete

that's probably malpractice so this is

this is crazy I don't know what deal

they're talking about that that would

not happen we got paid before gerald

signed the day

are you talking about this is a memo

about some fire drill on Tuesday

good the blue team cap and get the word

fire okay all right so what this person

has done is called fraud he has made up

facts that are not true in order to

induce someone to enter into an

agreement when you induce someone based

on fraud

that is called fraud and the inducement

and when you commit fraud in the

inducement that deal is null and void

because you fraudulently got them to

enter into a deal so if this deal goes

through and the other guy finds out that

he's been lied to in a fraudulent manner

that deal is no longer done and it would

be unwound and the whole thing would

just blow up so that's not good

lawyering good lawyers don't like good

lawyers use the facts as they exist in

the real world to make sure that all the

parties get their best deal they do not

lie in order to consummate a deal that's

that is bad lawyering that is

malpractice and it might be a crime

all right so he's an LSAT cheater and he

hit his he hit his test so that no one

would know that he cheated

[Music]

this is really interesting LSAT sore the

law school entrance exam is very

important it's how you get into a good

law school it's how you get into any law

school so it's not surprising then that

given how important the LSAT is there is

some cheating now the board that offers

the LSAT has tried to combat cheating so

they require you to bring in a driver's

license or other valid form of ID and

they check that when you enter and when

you leave but sometimes people get

around that given how important it is is

not surprising that there are some

really nefarious people out there who

are going to try to game the system and

try and get a good LSAT score because it

can change the course of your entire

career I said I was gonna get you a 150

I told you I wanted a 175 and I told you

only one out of a hundred people to

score that that's right if you score a

175 that means you're in the 99th

percentile actually you're well into the

99th percentile of the LSAT it scored

from 120 points two hundred and eighty

points so if you score a 175 that means

that you are basically in the 99.5% I'll

that is very very high and so he's not

exaggerating when he says a 175 is only

procured by 1 out of 100 people and he

said he scored a 158 that's not a great

score that's probably in the 80th or

85th percentile so not bad but certainly

not a score that's going to get you into

one of the top tier law schools out

there so it's funny that he's

complaining about the score that he

cheated and got from this guy we need

people who think on their feet not

another clone with a rod of his s Harvey

the fact we only hire from Harvard gives

us a cachet that's a little more

valuable than hiring a kid from Rutgers

you went to Harvard Law I'm an exception

find me another one all right so the

recruiting process is a fascinating

process in law school and with firms

that I could talk about for hours

suffice it to say there are firms that

only hire from certain schools now there

probably aren't any law firms that hire

only from Harvard

you're probably gonna hire from the top

five or the top 10 or the top 20 law

schools but there are law firms that are

very picky about where they get their

summer associates from now a summer

associate is a law firm specific term it

means someone that's in law school

usually this is someone who is in their

second year of law school their second

year summer and they are basically

interning for the firm and if you like

that person at the end of the summer

then you'll give them an offer to come

work for the firm when they graduate

from law school that's what they're

saying when they're saying they are

looking for a summer associate that's a

very common thing for big firms to look

for so it's cool that they get that that

lingo down that's absolutely accurate

great thanks ok done we're gonna need to

streamline this give each guy a hard

time before you send them back

give me a wake if they say something

clever cool ok what are you looking for

another me okay this is great

he's interviewing the law students at a

hotel which is exactly where her law

students tend to get interviewed for

these what are called on-campus

interviews now I went through the

process in Los Angeles

I assume the process is pretty similar

in New York the law students all enter

their names into a lottery then you send

everyone to a hotel you get a bunch of

associates or junior partners in the law

firm to hang out in a hotel room the law

students come in and they conduct their

interview so so far that aspect of the

recruiting process in law school is is

spot-on it's so funny I've never seen

that in a TV show before so what makes

you think that I'm gonna let the whitest

man that I have ever seen interview for

our firm because I have an appointment

[Music]

and lawyers have all kinds of criteria

as to how they choose people for

callbacks these are screening interviews

they're just going through dozens if not

hundreds of law students and if they

like you then they send you for a

callback where you'll be interviewed by

a bunch of attorneys at the law firm

itself so you're really churning and

burning in the hotel and it's funny that

this guy has a criteria of they have to

say a witty remark do you want this job

so much why don't you just go to law

school when I was in college it was my

dream to be a lawyer I needed some money

and Trevor convinced me to memorize this

math test and sell it turns out we sold

it to the Dean's daughter I lost my

scholarship I got kicked out of school

I got knocked into a different life but

there's some truth to that in law school

and especially when you're trying to

become a member of the bar they look at

your moral character and if you have a

blemish on it you're going to have to

explain it now youthful indiscretion

with no follow-up conduct and no

criminal record

I don't think that's gonna be a huge

barrier to becoming an attorney you will

have to explain it to the board but it

shouldn't preclude you from entering

into the profession for your entire life

you just have to explain it explain that

you're not going to do something like

that again

I need a grown goddamn man you give me

this and I will work as hard as it takes

to school those Harvard douches and

become the best lawyer you have ever

seen I'm inclined to give you a shot but

what if I decide to go another way

I'd say that's fair and sometimes I'd

like to hang out with people who aren't

that bright it was just to see how the

other half lives

move over I'm emailing the firm I just

found our next associate

the problem here is that he has ethical

limitations as well and if he is

knowingly sort of conspiring to have

someone who's not a member of the bar

participate in these activities that is

a huge problem both for Mike but also

for Harvey because he's the one that

sort of knowingly suborning it so he may

have run into ethical issues of himself

that might result in him losing his bar

license by knowingly hiring someone that

isn't an attorney to do attorneys work

so big problems there for both of them

Gerald Tate fired the firm so you're

taking my promotion away new most firms

would put you in from the bar and have

your license stripped you lied to a

client and he figured it out yes exactly

don't lie to a client you should not lie

to a client and defraud them and oh my

god he's a client not the opposite side

why would you even lie to your client

you're not even trying to close a deal

from the other side this I mean you have

an ethical obligation to do what your

client wants or to get the outcome that

your client wants to lie and defraud

your own personal client he should be

disbarred for that that's that's crazy

don't do that protip don't lie to your

client no more shenanigans

do you do one more thing that isn't

straight as an arrow and instead of

covering your ass I'll put you in front

of the bar myself

night hey who's ready for a great first

day I'm gonna have to let you go that's

probably a good thing to do with this

pointing to a client and if they find

out that I lied about you going to

Harvard oh and by the way the whole

partnership model of a law firm means

that the partners have joint in several

liability so if one of the partners

conducts some horrible fraud on their

client the whole partnership is at risk

at that point so you know you got to be

really careful and you have to worry

about what your other partners are doing

so to cover up for a partner who is

defrauding and ignoring their own client

to bully them into a deal that is that

is not good this firm is not going to

exist for very much longer

I'll give you your promotion but you

have to do something for me

anything digging it deeper anything but

that Harvey pro bono cases are how we as

a firm show that we care about more than

just ourselves I'm not saying we

shouldn't do them I'm saying I shouldn't

do them and it's how a lot of lawyers

feel that way about pro bono work you

generally have an ethical obligation to

do some pro bono work during the year so

you can help those who can't afford the

large fees that most law firms command

but that being said some lawyers really

hate doing it some lawyers really like

doing it because you can get experience

that you wouldn't otherwise be able to

procure like going to trial more often

than than not or you know working

one-on-one with a client when you're a

junior associate you often don't get

those those opportunities but if you're

a senior partner you can understand why

they don't want to take that away from

their billable practice still kind of a

dick move though one night he says and

if I sleep with him he's gonna take care

of me in the firm and if I don't it's

gonna fire me so what did you do I went

to Human Resources

they said they investigated couldn't

find anything to support my claim wasn't

looking for a payoff all I wanted was

for it to stop can you help me yes yes I

can so generally speaking there are two

types of sexual harassment there is the

hostile work environment

sexual harassment where by the actions

of someone it creates a environment that

is not conducive to working that makes

people feel uncomfortable so such that

they can't work there and you know

that's generally referred to as creating

a hostile work environment you're not

allowed to do that but the second type

of sexual harassment that is really less

common because it's so much worse and so

much more explicit is quid pro quo

sexual harassment which is what this

person describes where you are

conditioning a job or a promotion or

some perk on some sexual favor and it's

a really terrible thing it definitely

happens thankfully it's more rare than

it used to be so if that client is to be

believed that is a classic case of quid

pro quo sexual harassment totally

illegal but it's very hard for victims

of that kind of harassment to prove what

has happened because it's a classic case

of he said she said I don't know how to

fill out a subpoena

come on genius how hard is it to pull

out of whore Donna you show me how to

fill out a subpoena absolutely

and after that you want me show you how

to work your ass it's funny because you

should already know how to do both those

things no no no summer associate would

know how to do that just right off the

bat now true he could look at the form

and he could probably muddle his way

through but the funny thing about that

is if he files a subpoena with the court

or sends a subpoena to the other side

and signs it

he has effectively pretended to be an

attorney and engaged in the unauthorized

practice of law which would get

basically all of them disbarred

especially him so everyone there at that

firm has obligation to make sure that he

does it right and they shouldn't be

chastising him for not knowing how to

fill out a particular form and in fact

for any summer associate if they fill

out a subpoena or discovery request then

an attorneys gonna have to review it and

sign it and if you sign that you are

basically saying that it's as good as if

you did it yourself and it is accurate

and it complies with the law and you can

be sanctioned as if you wrote it

yourself you cannot allow a summer

associate to take credit or practice law

so all their asses are on the line here

they should not be chastising him for

this this act of filling out a subpoena

okay I have two words for you absolutely

beautiful you think you're the only one

who can charm a client categorically

stunning so what most people don't know

about being a big firm attorney is that

without clients the firm can't operate

so generally there are a couple

different types of partners one are the

partners that just bill like crazy

they're often the best attorneys they're

the ones that really put in the hours

and they're bringing revenue into the

firm now there's another type of partner

which are the rainmakers the people that

more focus on bringing clients in now

both of those types of partners are

important because without clients

there's no work to be done so often an

attorneys job is not just the

nine-to-five

court pleadings and and dealing with

transactions there's a lot of client

management

you have to make sure that there are

more clients coming in so that you have

work to do in the future they filed a

motion to dismiss the case based on our

lack of evidence good good what do you

mean good they don't want to hand over

the files you press words hurt you're

looking in the right place did you think

they wouldn't fight back alright how did

you mention it oh all right so that

doesn't make any sense at all a motion

to dismiss is a motion that you file on

the basis of the pleadings so there the

plaintiff here they filed what's called

a complaint which lays out their whole

story that she was fired and the other

side is allowed to either file an answer

to that or file a motion to dismiss in

most jurisdictions the part that doesn't

make any sense here is that the motion

to dismiss takes the allegations in the

complaint at face value so there's no

evidence at this point there's been no

opportunity for discovery there's been

it's also been just a couple of days so

these things take months but you can't

file a motion to dismiss on the basis

the other side doesn't have any evidence

because no one has gathered any evidence

yet so that doesn't make any sense I

care about this woman she's got nowhere

else to turn and you can't help her by

yourself

I can I just prefer not to this is a

really good example of why you would

never hire someone who did not go to law

school and doesn't have any legal

experience the law and being a lawyer is

all about application it's not about the

memorization of facts I can go online

and I can look up what the rule is what

the law is I can look up the case law I

don't need to have a photographic memory

to make a good argument I will look up

the authority that is relevant the idea

that this guy would be a crackerjack

associate when he simply on the basis of

reading a bunch of law books makes no

sense and it's why realistically he

needs to ask for help from people who

have experience because they're the ones

that can help him because they've been

in the trenches on this kind of stuff so

it's good of him to ask for help that's

what a junior associate should do but

he's not going to be a good attorney

just on the basis of having a good

memory of your assertion yeah but the

only way that we can find the evidence

is to look at those files any arguments

but is there precedent oh my god this is

such a stupid discovery battle discovery

allows you to get evidence from the

other side and you don't have to make a

positive showing in order to get that

evidence as long as you can demonstrate

that the evidence that you could

potentially get is related to the

allegations that you've made in your

complaint or are related to defeating

those allegations or are relevant to

your defense in the case then you should

be able to get that information

you know bounded by things like

privilege you can't get things that are

necessarily privileged or trade secrets

or things like that but if there was a

rule that said you had to have evidence

before you could get evidence well no

lawsuits would ever happen so this is

this is a stupid argument that they're

dealing with this is not the kind of

discovery dispute that you're gonna deal

with as an attorney I'd like to think

Herrmann would come to me before it even

got to an investigation

I saw that that should be stricken well

what if Herman did come to you your

honor there's nothing to striker there's

nothing on the record under false

pretenses do you really think that

little of me I wouldn't trust you as far

as I can throw you your honor hand over

the file today well it's a little

ridiculous to hand over the files today

usually you would have several weeks to

go over the files and then turn them

over you have to be able to review them

before you turn them over to the other

side you have to check for things like

relevance you you don't just get access

to millions of pages of documents just

by requesting them but this whole

dispute is kind of insane every civil

case goes through it's called discovery

it's the process by which you ask the

other side for information and the other

side has to turn that over unless they

can show that there's a reason not to

sometimes that reason is because it's

privileged sometimes that reason is

because it's not related to the lawsuit

and even if they were able to get that

information it wouldn't relate to the

claims that they're making but you

always have to engage in some discovery

and it seems like this company is just

saying you have filed a sexual

harassment claim against our company and

you should not be entitled to any

documents whatsoever well as you can

imagine that doesn't fly you always need

some documents and the company that is

the defendant is going to be the one who

possesses those documents so that this

is a dispute that would never happen

they're trying to bury you in paperwork

well they picked the wrong guy

they didn't I did get it done by the end

of the week I got to run and try my new

client yeah so this is a tactic that

actually happens you often see big

companies try to bury the other side in

paperwork especially if they are going

up against a small firm or a solo

practitioner that doesn't have the

infrastructure to be able to review all

of these documents however any major law

firm and this appears to be a major law

firm in this TV show has in-house

document review systems and what they

allow you to do is to scan thousands and

sometimes millions of pages of paperwork

and to run word searches on it not to

mention

this kind of tactic of trying to bury

the other side in paperwork is highly

disfavored by federal and state courts

and if a party tried to do this to me

and give me a huge dump of paper files I

would turn around go straight to the

judge and say this is ridiculous they're

trying to drive up our costs and ask

them to give it to me in electronic form

or if I couldn't do that then demand

that the court gave me a court order

ordering them to turn it over an

electronic two months later I was fired

for having a bad attitude this is

ridiculous

wipe that smirk off your face you're not

even supposed to be here you really

don't want that guy in the room during

this deposition there's no good can come

from that after working for Devlin

McGreggor you then went on to waitress

at Hooters right yes I did place that

advertises the sexuality of his

waitstaff correct you'll have to ask

them that I'm asking you and she's not

answering all right this is good this is

actually what a deposition looks like

you sit in the conference table

you've got attorneys on either side

sometimes you have a party

representative and you have a

stenographer who's taking down

everything that's said for the official

record so this is a fairly accurate

representation of what a big firm

deposition looks like I'm sorry you were

arrested in your past and you lied about

it here under oath is that making it

seem different than what it is no answer

all right yeah at this point Harvey and

Mike should be objecting like hell they

should be instructing the witness not to

answer and they should be chastising the

other attorney for bringing up the

subject which was a criminal matter when

she was a minor but also was under seal

how did this guy even get that

information I don't know the rule with

respect to whether or not she can be

found liable for perjury in this

particular context when the subject was

sort of off-limits to begin with but all

of this is wrong they should be up in

arms they should be shutting this

deposition down

none of this should be on the record at

this point

you can save your breasts there's no way

I'm testifying at the hearing tomorrow

that's not why I'm here I know what you

did what are you talking about you never

worked for Devlin MacGregor and you're

never harassed by Mr Hunt that's a lot I

can tell you that I've got the cancelled

checks or the wire transfers or whatever

smoking gun that he okay here's why this

doesn't make any sense they're hinting

that the other side hired a witness to

testify that the defendant sexually

harassed her in some sort of quid pro

quo sexual harassment and then she was

going to basically perjure herself and

admit to not being truthful about a

prior crime when she was 17 that doesn't

make any sense because her testimony is

still on the record she testified that

he sexually harassed her so they hired

someone to provide evidence for the

other side.now true they might have to

deal with the fallout of her being shown

to be not the most trustworthy person

but that testimony is still on the

record they hired someone they paid

someone to give horrible testimony about

the defendant that they're not even

witness tampering right it's crazy

wire transfer from your account to

Joanna Webster's

phone records with Joanna Webster prior

to her testimony and an affidavit

stating you paid miss Webster to falsely

testify but again she falsely testified

against the people that hired her that's

not even the way you would want a

witness tamper that they paid someone to

give testimony against themselves it's

it's totally insane what do you want an

admission of guilt and a guarantee that

you'll obtain treatment before working

again again there's nothing for him to

admit guilt for except maybe witness

tampering if that is an actual criminal

crime this is a civil case for sexual

harassment quid-pro-quo sexual

harassment and he needs to pay the

plaintiff money and there might be an

admission of liability but the most

important thing is that he's going to

compensate her for the wrongs that she's

done that's how the civil system works

you put people in jail to punish them

for crimes against really the state and

the people in general you are simply

liable for things that you've done to an

individual in this case sexual

harassment all right that was suits

episode 1 a lot of things going on there

a lot of moving pieces so how does it

stack up against the real world what

grade does it get well let's see in

terms of the recruiting process in law

school that it gets spot on and there

was a lot of brilliant legal arguing

marred only by the fact that every

single one of those attorneys would have

been disbarred so although I give it a

b-minus they get some things right but a

lot of the legal argument is wrong and

all of those attorneys would have been

disbarred so if you like this video

please subscribe for more legal analysis

and I put together a playlist with all

of the legal react series if you like

this video you'll love the other videos

on a few good men My Cousin Vinny Law &

Order so click on the playlist and I'll

see you in the next video

The Description of Real Lawyer Reacts to Suits (full episode)