The Artful Jurist

If you know anything at all about lawyers, you know they can find a way to argue about any topic under the sun. Case in point…a lighthearted little article in a recent edition of the American Bar Association’s ABA Journal. The topic of the article: Would James Stewart’s character in the movie classic, It’s a Wonderful Life, have gone to jail over the missing bank funds at his Building and Loan business? According to the article, George Bailey (Stewart’s character) might have faced a larceny charge and a 2 to 7 year prison sentence for the financial fiasco even though his friends bailed him out of the shortfall. (Keep in mind this movie was made back before government bailouts were handed out like trick-or-treat candy.)

Okay, so accounting shenanigans are no laughing matter. But we’re talking about a movie here. And Hollywood's more interested in telling a good story than in getting the details nailed down on legal issues the story might raise. Of course, that didn’t prevent lawyers reading the article from weighing in with their take on the fictional matter in the online comments section of the ABA Journal.

First, it was generally agreed that George lacked the requisite “intent” to commit a crime that’s a key to finding one guilty. But then, with a lawyerly shrewdness that would have made Perry Mason proud, a number of the contributors started laying the groundwork for pinning the rap on Mr. Potter or Uncle Billy. And there were those who were less concerned about the financial issues than they were about George’s drunk driving and smashing his car into a tree. (In the movie, he didn't even get a ticket.)

And one astute reader couldn’t help but wonder, if George Bailey got 7 years, what would the Grinch get?

You can read the article and its comments at the ABA Journal web site.