Today on the Law School Insider podcast we talk with Professor Devin Schindler of Cooley Law School. Professor Devin Schindler is an expert on Constitutional Law and I wanted to bring him on to talk about the new television show Designated Survivor as well as the reality of the law on television today.
So often today many people base their decision to go to law school because of the lawyers that they see on television. Whether it was people like Perry Mason, LA Law, or even this new show, Designated Survivor.
In speaking to Professor Devin Schindler about Designated Survivor he stated that the constitution is very clear about what should happen if something were to happen to the President or Vice President. In Article 2 Section 1 Clause 6 of the United States Constitution states that if something happens and the President cannot complete the duties of the office the Vice President is the next in line of succession. These are the only two position listed by the original forefathers. However, powers were given to Congress to be able to make laws that can specify more in depth the line of succession past these two positions. In 1792, President Washington signed into law a law establishing Presidential succession. In this 1792 act the President of the Senate Pro Tem was next in Line with the Speaker of the House being fourth. In 1886 questions were raised on whether a congressman could be in line for the Presidency. Because of this a new law was enacted that created a list of succession that went down a list of cabinet officers. This lasted until 1947 when President Truman stated that he did not believe that it was a good idea to have non-elected individuals in line of the Presidency and so the Congress enacted a new law that brought the Speaker of House 3rd in line and the President of the Senate Pro Tem fourth. This new act continues to add to the list to now listing 17 people on the list of succession.
I inquired whether it could be conceivable that someone as far down the list as Kiefer Sutherland who plays the cabinet member in charge of Housing and Urban Development was, and who ultimately becomes the new President. Professor Schindler stated that in fact it could be that someone far down the last could have to step into the role, but lately the President of the Senate Pro Tem has been one of the designated survivors so it would probably not go as deep as this.
Designated Survivor lets you see the law in one way and there are a number of other shows over the years that have shown lawyers in different ways. Whether this was in shows like Perry Mason
Professor Schindler mentioned that growing up he was an avid Perry Mason viewer and loved the movie Anatomy of a Murder. The things that he loved was that they portrayed lawyers as intelligent people doing good things for our society. More recently Professor Schindler has seen shows like LA Law or Better Call Saul that are portraying lawyers being unethical and actually doing things that would get them disbarred in many States.
With this being said Professor Schindler shared a few concerns for any of you that may be watching a legal show including that:
- The show has been highly dramatized.
- The characters that you are seeing in many cases are not showing you what people in the legal profession really do.
- A television show can also not get into the subtleties of the profession. Jumping right into the trial is skipping many steps along the way.
So Professor Schindler mentioned that if you do watch these shows you should make sure to watch them for entertainment but also with a jaded eye.
Also, as you see the things that the lawyers that lawyers are doing and how they are acting on the shows that you are watching ask yourself, would I do this myself. If you find that you are questioning the behavior or actions of the lawyers, you may be right. This also allows you to test your own moral compass. The profession of the law is in need of people with high moral fiber and through seeing lawyers in these compromising situations you can, at times, give yourself the opportunity to test yourself too. Also, you can look at the relationships that lawyers have with the clients that they are representing. Would you be willing to represent the client vigorously no matter what they believe?
As you go through law school there may be times that your own moral compass will be challenged. If you find that you have a ethical dillema or you have crossed a line. Professor Schindler mentioned that you have be willing to step forward and admit when you have made an error to a law school Dean at your institution. Covering up the situation will only lead to more issues in the end. Also, as you find yourself staring at grey areas, reach out and develop mentors within your school and in the field that you can reach out too and lean on for advice.
Did you like this interview? Do you have a question for Professor Devin Schindler? Leave a comment below to let me know!
Are you a practicing lawyer? A law student? Would you like to be a guest on an upcoming episode of the Law School Insider or do you have a topic you would like to hear about? Send me an email at lawschoolinsider@cooley.edu
