Introduction
Directed
by Steve Zaillian, “A Civil Action” is a dramatic movie based on Jonathan
Harr's nonfiction bestseller A Civil Action, which is written on a true story
that takes place in a small town Woburn situated to the north of Boston,
Massachusetts. Through dramatic effect, it illustrates the American legal
system, which is an expensive and lengthy process, devoid of the whole truth,
and often a big game of money.
A Case Devoid of Truth
The movie shows that the Woburn case lacks in the truth from
the first to last. The prosecution files the case only against two big firms
with deep-pockets instead of all the agents who are responsible for
contaminating drinking water. Later in the legal process, the dead children are
totally forgotten, and the litigation proceeds only to prove whether the
companies have committed the offense of negligence. After the case was settled,
Judge Skinner found that John Riley deliberately concealed evidence at the
trial. W. R. Grace also made false statements to the EPA. “Truth lies at the
bottom of a bottomless pit.” The pragmatist lawyer Jerome Facher aptly
observes, “Court isn’t that place to find the truth.”
A Big Game
My previous concept about the legal process was that a case
is filed by the plaintiff against the defendant; then both the prosecution and
the defense are heard; and finally, the judgment is given according to the
current laws based on the hearing, evidence presented by both parties. But, in
this movie, I see that a big game of money goes on in parallel with the legal
process.
Schlictmann’s firm spends 3.5 million dollars in total and
ultimately runs out of resources to prosecute the case. Yet throughout the
process, Schlictmann’s firm has to try to maintain an appearance of wealth and
financial health in order to maintain credibility. That’s why they go to their
banker for several times asking for more money so that they can continue
prosecution.
The lawyers of both parties sit on several occasions to
discuss the amounts of money they need to settle the case. At one point,
Schlichtmann demands $25M dollars in cash as fine, so that the fatal case does
not take place again, another $25M to establish a research foundation to study
the links between hazardous waste and illness, and another $1.5M dollars for
families annually for thirty years. But, both Mr. Facher and Mr. Cheeseman
silently reject the demand. Before the case is finally presented to the Grand
Jury for the decision, Mr. Facher offers $20 M, which Mr. Schlichtmann denies in
contempt hoping to get much more. But, in the utter disappointment of Mr.
Schlichtmann, Mr. Facher’s client Beatrice Foods is exempted from the charge by
the Grand Jury. At last, Schlichtmann and his partners met the executive of W.
R. Grace in New York. The executive offered $8M saying that it’s a big amount.
This time around, after a little hesitation and probably remembering the lesson
he gets from Mr. Facher, Schlichtmann accepts the offer.
The whole process takes place through offers and
counteroffers; as if the lawyers of both parties are gambling sitting on a
gambling table, where the laws and the real justice are absent. This is how my
previously held opinion on the legal system suffers a great setback.
A Failed Action
The
Woburn case is a failed action from both the viewpoints of the prosecution and
the defense. Mr. Schlichtmann rejects $20M offered by Mr. Facher at one point.
But later, in utter dismay to him, Beatrice Foods is exempted by the Grand
Jury. This turns out to be a great failure on the part of Mr. Schlichtmann. So he
and his partners are left to settle with only W. R. Grace with a relatively
very smaller amount $8M. Besides, the plaintiffs are not satisfied with the
result. Mr. Ann Anderson flares up in anger and says that they have not wanted
money; they have only wanted that someone would go to them and apologize. In
spite of strong case, Schlichtmann actually loses the case. At this point, the
EPA intervenes and orders the most expensive environmental cleaning up in the
history of New England or the U.S. that amounts to $69.4M. Faced with the
prospect of returning to court, the two companies have agreed to pay their
share of the amount. Besides, EPA orders that the plants of both companies
situated at Woburn should be closed. Thus the defendants ultimately also lose
in the case. However, the closure of the plants and cleaning up order can be
considered as a partial success on the part of the plaintiffs.
Conclusion
Actually,
the real justice is tangled in the trial. “A Civil Action” successfully unmasks
the true face of the American legal system, which is pitted against financial
burden, devoid of truth and full of manipulation. Actually, we come across such
a legal system where money matters more than the real justice - this is called
the American Justice. I would like to conclude in Mr. Schlictmann’s words that
“Trials are the corruption of the entire process.”