MovieChat Forums > Silk (2011) Discussion > Major Dramatic Licence Errors in racist ...

Major Dramatic Licence Errors in racist police episode

posted 14 years ago by EsmeraldaHugo
5 replies | jump to latest

Where to start:

1. blackmailing the Tribunal by threatening to send a tape you shouldn't have had in the first place would get a laywer struck off. Barristers have high standards of ethics so this would never happen.

2. disclosing a tape that Reeder had acquired in the course of another case, would be a breach of confidence and a disciplinary matter.

3. clerks have a lot of power but that whole "let's set you up to see if you'll go to another chambers" was just ridiculous.

4. no lawyers in the middle of examining their client, give little speeches at them along the lines of "you'd better say what I want you to say".

[–] Sarah22222222 14 years ago

1. Barristers have a high standards of ethics... i think you mean they are supposed to have...they are expected to have... but this doesn't mean they're not ruthless enough to do whatever it takes to win a case.

2. obviously, but they did it in a way that they were unlikely to be found out thus weren't likely to be prosecuted

3. what was ridiculous about it exactly? he controls their careers, he is in a powerful job it wouldn't be that ridiculous that he could arrange something as simple as setting up a fake arrangement. also the code of conduct within chambers/barristers is very traditional/old fashioned even, thus the idea of jumping ship would be seen as incredibly disloyal. Do you not imagine that this has been well researched and is therefore a fitting portrayal?

4. uh...really? a barrister wouldn't offer - as martha does - the best advice to their clients, even if this means persuading them to say something they are unsure about. that's what makes a good barrister, the ability to collect the information necessary and to disseminate it in court for their client's well being.

You seem to be picking at things with no real knowledge of how this work place would function...

But we go on pretending, stories like ours have happy endings...

[–] rockin_hillbilly 14 years ago

I believe Martha and Clive would know that all you mention would be illegal, or unethical. I don't believe the police are as well versed in the law. In any case the police officer would be so scared that the tape had come to light he would be willing to comply with Martha's demands, or 'threats'. Irrespective of the law, the tape was damning.

Anyway, a lot of underhand things went on in the program. Billy bribing people, using money to get a result the chambers needed, Kate was planning a coup. I think all these questionable acts prove that even the law is not above board, in itself and in its operation.

You can't say what is supposed to happen or how a barrister is supposed to conduct themselves in court. Each case is different. There's no 'right way'.

Very entertaining show. And good for the edification of the general public.

[–] spinmonkey44 14 years ago

An actual barrister that has seen the show agrees that the crazy pace of the show is true enough but that's about where reality ends. So I agree with the OP but I still love the show. Of course, I'll watch anything with Natalie Dormer in it since the days of "The Tudors".

[–] Sarah22222222 14 years ago

It was written by an actual barrister...and I've actually heard reports that it's a pretty good reflection of the truth, save room for embellishment.

But we go on pretending, stories like ours have happy endings...

[–] Chriss-m 13 years ago

I agree with the other posters that it's quite clear the characters know what they're doing is unethical and illegal. This is no matter, as the drama is not a documentary. What is important here is that any lawful fact they state, which the show explores, must be based in truth. As long as this remains the case, the show a fairly brilliant legal drama (as opposed to legal documentary), as unlike most shows it reaches a fine balance between exploring the law without overburdening the viewer and introducing dramatic elements to add excitement and character, without becoming absurd.

On the subject of the overall realism of the show: I, too, am a law student, and my former tutor actually recommended that those of us in the class wishing for a career in advocacy (I study Scots law) should watch Silk as it is indeed a fine reflection of the profession, with the obvious exception of the added drama.