The University of Texas at Austin

Law in Popular Culture collection

Nova Law Review
Volume 24, Number 3 (2000)
reprinted by permission Nova Law Review

A Conversation With Mr. Dysart*

     Born in Boston and raised in Maine's Kennebec Valley, Richard Dysart
graduated from Emerson College and served in the U.S. Air Force during the
Korean War. After the war, he earned a master's degree in theatre arts. His
first acting break came with an off-Broadway role in Jose Qunitero's revival
of Wilder's Our Town. After that, he began appearing regularly on the New
York stage. His Broadway debut was in All in Good Time. Other Broadway
credits include That Championship Season, which ran for 800 performances
and won the Pulitzer Prize and N.Y. Drama Critics Award, and The Little
Foxes.
     During the '70s, his interest shifted to feature films and he starred in such
notable films as The Hospital, The Hindenburg, Pale Rider, The Day of the
Locust, The Falcon and the Snowman, Mask, The Thing, Wall Street, Back to
the Future III, An Enemy of the People, and Being There.
A partial list of his films for television includes Churchill and the Generals,
The Last Days of General Patton, Day One, and War and Remembrance. Mr.
Dysart has also lent his talents to notable programs such as Blood and
Orchids, Malice in Wonderland, The Autobiography of Miss Jane Pittman,
Bitter Harvest, Sandburg's Lincoln, First You Cry, and Concealed Enemies.
    Today, Mr. Dysart is a premier stage and film star who starred for seven
seasons as Leland McKenzie on L.A. Law. He received an Emmy Award for
Best Supporting Actor in a Drama Series and was nominated on four other
occasions. He is on the Board of Trustees of Gallaudet University, is a
board member of the American Judicature Society, and has been a member
of the National Support Committee for The Native American Rights Fund
for more than twenty years. Mr. Dysart's free time is spent in Santa Monica
with his wife, artist and illustrator Kathryn Jacobi Dysart. Their son, Arie
Jacobi, is a sculptor in New York City.

[593] [594 blank]

Paul Joseph: For many Americans, your LA. Law1 character, Leland
McKenzie, is the prime example of what a lawyer, and especially a senior
partner, ought to be. How did you develop the character of Leland McKenzie?
Did you pattern him after any real lawyers? Is it important or necessary for an
actor to have a real role model to work with when developing a character?

Richard Dysart: Leland McKenzie was quite an assignment. I had played a
lawyer previously in a major PBS program2 and I was able to approach that
character from a historical point of view and check with people who knew the
deceased attorney. That was a lot of fun. I had also played lawyers here and
there on some network shows and in old plays.3 But none of these characters
required the intimacy that I wanted to establish with Leland McKenzie. Also,
the intimacy had to be established within the demands of the scripts of the
series. I read the pilot several times. I extracted what we learned about
McKenzie, which was very little, and I had an appointment with Steven
Bochco, the Executive Producer and writer, which was very interesting. Of
course, he knew what I was interested in and gave me a little thumbnail sketch
of the character, not even a thumbnail sketch.

Joseph: What did he say?

Dysart: Well, he went right into it. He said, "Leland is the senior person here
and there's no doubt about it." He said, in effect, "don't be surprised if we
don't know or learn as much about Leland as we know about the other
characters," and I said, "well, I guess my function is different than
theirs." And he said, "yes. Your function is to the script." He used the term
"authority figure," but he changed that later and I don't recall what it was. It's
not a good phrase. "Authority figure" sounds like "you shall not," and that's
not what we wanted to achieve from Leland.

[595]

Later, I thought how glad I was that I had spoken to him because on series
television you have the same format of people all the time within all episodes.
And characters don't change much on series television, because the audience
doesn't want them to. It was nice to have all that concise information from my
Executive Producer before we started so if I had to deal with individual
directors down the line, I knew that I would be on good, safe ground if they
wanted to say, "maybe he could juggle here" [laughs], not that they would.
But, at least, to maintain the sovereignty of the character.

Joseph: It sounds like you are drawing on what kind of person Leland is,
rather than specific traits that are lawyer traits.

Dysart: Oh, yes. Definitely. I wasn't even thinking of character at the time,
Paul. I was thinking: "What are the demands of the show? What are the
demands of the script? Who is Leland McKenzie in relation to the other
characters and in relation to what he was going to be called to do?" That was
my first duty. Then, that having turned out pretty much the way I thought it
should, I was free to think of real lawyers I knew or knew of and I didn't have
to go very far for that, so I felt comfortable within the framework of the pilot
script and what I thought would be coming.

I think I may have mentioned to you - I know I mentioned to you - that I was
so pleased to be part of the project because I loved the court battles that I
assumed Leland McKenzie was going to have, you know, every week involved
in different situations and different intensities, different colorations and it was
going to be a tremendous challenge as an actor, as an individual, and as a
television series lawyer. So time went by. We did five episodes and I hadn't
been to court. So I saw Mr. Bochco one day and I said, in effect, "when am I
going to court?" And he said, "do you want to go to court?" And I said,
"yeah." He said, "well, senior partners very seldom go to court." I hadn't
known that.

Joseph: He hadn't mentioned that to you?

Dysart: No, I had not done my homework. And I felt bad about that. Then, as
the rigors of the assignment mounted up through the week after week, episode
after episode, and I would see my fellow actors, my fellow attorneys, working
deep into the night to go over these long summations that were no longer in
their heads because of fatigue, I felt, "ok, that's good" [laughs]. Keep me
away from court. Even so, I did go to court several times.

[596]

Joseph: One of the things that you are talking about in the development of the
character was finding a person more than a lawyer, and my guess is that the
writers were more interested in finding the drama than in necessarily finding
the law. Did you have a sense of that? Do they pay any attention to portraying
law accurately? Was that something on their minds? 

Dysart: It was something very much on their minds. They sent us collectively
in a bus down to the court house in Los Angeles. We were expected and
ushered into several court rooms that were in session on different levels of the
justice system.

Joseph: No wonder you thought you were going to court.

Dysart: Yes [laugh]. And that was just the physical thing of going to a court
room and seeing the actual lawyers moving around within the system. But,
beyond that, they didn't speak to me at all about the law and I don't know if
they did to the other characters.

Joseph: Would concern over "getting the law right" have been something that
went on more with the writers and producers and the legal consultant
[Distinguished visiting Goodwin Professor Charles Rosenberg] than with the
actors?

Dysart: Yes. And Chuck Rosenberg was indeed the consultant for the entire
eight year run with the exception of the two-hour pilot.

Joseph: So if there were any ethical gaps in the pilot, he can disclaim
responsibility?

Dysart: Yes, and he is not shy about coming forward and [laughs]
disclaiming. But, that's true. And that's partly why they got Chuck.

Joseph: Do you know how Chuck worked with the writers? I think that
people who are not involved in the industry probably imagine that writers write
a complete script, send it over to a legal consultant and he says, "you have to
do this or say that." When Chuck was here he suggested that it was a much
more organic process, and I wonder whether you saw that at all?

Dysart: It was very fortunate that it was so organic. It was a great give and
take. Some of those involved with writing the show were lawyers too. It was

[597] 

not a situation where Chuck was working against the writers. Very seldom,
early on, he did have to set things straight. The few times I think that
happened involved California law and a writer who was not schooled that
much in California law. Later on, when the good people left throughout the
years, the good writers, who got promoted, Chuck was working with people
that were more interested in fiction, and actually had no idea or very little idea
of the law, despite what they said on their interviews.

Joseph: And it hurt the show?

Dysart: Oh, yeah.

Joseph: I think the critics had a sense that something important about the
show had gone off-center.

Dysart: There were several changes in L.A. Law through the course of it.
Major little jolts. And that was one - when the legal brains left and the fiction
writers came in. And at that time, Chuck had to really get to work on those
people. And he did very effectively by citing to them why [they could or
couldn't do something] and also by saying, "what if?" And he gave them just a
little idea of how they could accomplish what they wanted in a different way.

They knew of his knowledge, not in a power play way because it didn't work
that way, but they were a little skeptical of him, but he won them over by
suggesting to them how they could probably achieve what they wanted in a
different way. Very unusual man.

Joseph: And, in fact, he was here last week.

Dysart: Yes.

Joseph: And he has another article in this very symposium.

Dysart: And he was the intermediary who called me first and checked out my
interest in visiting Nova. That was very nice of him. And he probably told all
my stories because he got here first [laughs.] Chuck's a fine man.

Now you asked if it was important and necessary for an actor to have a real
role model to work from as he develops a character. I don't think so. Because
you can trust the character isn't going to change too much, that the producers
and writers aren't going to change an individual too much, you can trust that

[598]

and go with it. Of course in the first episodes you really don't know and a
good producer who has enough faith in himself and his writers and concept,
won't tell you, won't step on the actor's prerogative, won't implant in their
minds the idea that, well, you have to do this or you have to do that. Trust
keeps it more organic. 

Joseph: I guess if the producer were saying to you, you know, "be like him,"
some real lawyer, it becomes just mimicry.

Dysart: Exactly. And if something goes wrong early on, and they look at the
dailies of the work done that day, they just go to the actor and say, you know,
try it this way. We'll shoot again. No problem. And they will guide that way.

I had several people that I knew in mind, but I didn't think in any way of
imitating or copying anything physical or psychological about the folks. One
was an old lawyer up in Maine who's been a good friend of my dad and is no
longer with us. Another was a great Supreme Court [Justice], William 0.
Douglas. But I didn't copy them. They were just in my mind and that's the
extent of using any other real individual.

Joseph: But I think the plots were sometimes taken from real cases and real
trials.

Dysart: Oh, many times. In fact, just about all the plots or the court cases
definitely were from files. West Publishing was extremely helpful in that
regard. The backgrounds of the lawyers themselves, the writer-lawyers, were
extremely helpful. And they would have sessions when they would just come
in and bat ideas around, saying, "yeah, I remember this case." And then
somebody would go look it up and take some of that or if it's a good story that
could be modified into the demands of the show. So they had plenty of ideas.
They always were there with ideas for stories. The difficulty there, and the
genius there, I'd say, is the meld of the various stories that would be in each
episode, usually three court cases, on different subjects, and the way of
presenting those three cases so at the end of the program it wouldn't
necessarily be the "A" story that is dominant. The others are there not just to
fill up time. And it's the feeling that was left with the audience that the
juxtaposition of those three cases fit. That was difficult to do.

Joseph: There was some sort of larger theme that each of the cases fit into?

[599]

Dysart: Yes.

Joseph: How much do you think television shows influence audiences as far
as their perceptions of reality? Do viewers think that lawyers are like L.A. Law
lawyers?

Dysart: My guess is that there isn't too much influence. The influence is
probably more visible than just how the process of the law works or how a trial
works. I've heard people say that they had to go to court for such and such a
reason and they walk in and there are no glamorous people around. Where is
Grace Van Owen (Susan Dey), where are these blouses, where are all the
snappy witnesses in there?

Joseph: And the quick summations-as they whittle a case down to just a few
sentences.

Dysart: That's right.

Joseph: And in real life the lawyers lay foundations forever.

Dysart: Yes. Well, judges all over the country were forever remarking on the
competency of the people who wrote the summations and the judges
themselves would see it in terms of a full case, saying, in effect, "gee, I wish
lawyers in my court would do that."

But of course, finding the essentials and the dramatic areas of any story, any
court case, and putting them into a crucible where it is melted down into its
essence, you have to leave out a lot of the smaller points of the law that you do
have to mention in your actual summations, you do have to tie up your strings
and all that. But it was also possible to come up with summations and work
backwards as a writer, and to build your story so that later in your summation
you could emphasize.

Joseph: Lead up to that.

Dysart: Right. Exactly. So that there was a good meld of what the viewer
had seen and heard in connection to the summation.

Joseph: There is a great debate right now, which Dan Quayle may have
kicked off in a somewhat simplistic way, about the degree to which television
viewing shapes attitudes and about whether writers, producers, actors and

[600]

networks should be held responsible for that. The debate raises issues of free
speech, but also issues of personal restraint. What is your take on that? Is that
something you have to worry about or is that something you leave viewers to
sort out?

Dysart: Well, that is a very important area. I'll just say first off that Mr.
Quayle, of course, has brought it up several times for no other reason except to
get people riled up.

Joseph: As with the Murphy Brown4 controversy?

Dysart: Yes. He had to retreat on that. If you work within the framework of
the First Amendment,5 you can express yourself without fear, or one would
hope without fear, that people who don't like the story, who don't want to see
whatever or hear whatever is necessary to tell that story are going to get angry
with the network or with the producer for expressing that story just because
they don't like it, and because it might not fit with their religious beliefs. Those
people are constantly worried about what their children may learn: "Oh my
God, my children may hear this, my children may see this." And therefore
they don't want it on television. They seem to be unaware that it's their
responsibility to look after what their children see and hear up until a certain
area in that child's life. And to come down on anyone else's privacy or
anybody else's choices on what they want to see or hear is really none of their
business. You just can't take away people's rights just because you don't want
to watch your children.

Joseph: If you could have changed something about L.A. Law or about your
character, what would it have been? As producer for the day, what would you
have done?

Dysart: As producer for the day, I would do very little. Let me just say I
think they did a beautiful job. They knew that I understood the parameters of
the character and his function. Not only on that episode and why it had to be
maintained--contained--because of future episodes.

You know, something in acting applies in law as well. Actors and lawyers are
very similar in some ways. One important thing is not to give yourself away
by raising your voice if you are angered or if someone is really trying to push a

[601]

button. Because, if you lose your strength, you lose the power that you are
trying to use to build your case or your character as a lawyer, and once it's
gone, it's very difficult to get back. And it always seems to me, as an actor, as
I'm sure it does for a lawyer, that less is best.

As far as being the producer for a day, well, I suppose I could tell you all kinds
of marvelous plots that should have involved Leland McKenzie.

Joseph: Leland gets to go to court?

Dysart: Leland did get to go to court several times and Leland was a great
believer in and fosterer of alternative dispute resolution. We had several
alternative dispute cases and Leland served as the, I don't want to say judge,
served as the central character there, in relation to decisions. But the ones that
they selected to do were all very funny and a bit preposterous. And that
worried me because I thought, well, that alternative dispute resolution is very
serious stuff and it's going to play a big role in the profession in times to come
and by making the cases a little silly are you not denigrating the process, you
know, to build up in the audience's mind the fact that, oh yeah, that's the way
of doing things, to laugh it off. That's not a big point at all. I am sure
alternative dispute resolution is doing whatever it's going to do as a process
now, whether LA. Law handled it one way or the other.

The thing is you do get a little ingrown when you play these television
characters for the long run. You live with that person a long time.

Joseph: You are protective.

Dysart: Exactly, thank you, very protective. And sometimes overly
protective, and you go and split a hair about, well, that person, I don't think I'd
do that. This is never the way to express it because anybody could do
anything. Yes, very protective.

Joseph: Is there anything that is technically difficult about playing a lawyer as
opposed to some other character?

Dysart: Talking heads.

Joseph: Talking heads?

[602]

Dysart: Well, you are sometimes limited, If you are in court, there are
limitations on the way you can go, the speed that you use to get there. Court
cases are more of a head trip in nature than physical action, for the most part.
Then there is the question of the actor's memory. Say, an actor is shooting
three scenes in a day, or rather, he's going to be working very heavily during a
day in the same courtroom in front of the same cameras, the same story, but the
final scene that's going to be shot is the summation. Well the actor has
diligently prepared, has learned all this information prior to showing up for
work. He has done it in such a way that he's sure that it's in his head--her
head. But after being there for twelve to fourteen hours and that scene is
coming up, and if there is legal language involved, that one may not be too
familiar with, though we did familiarize ourselves with terminology, it's very
difficult. And sometimes they have to do quite a lot of takes before you get it
just right with the intended energy and the smoothness, But such is an actor's
job anyway.

Joseph: Did L.A. Law care whether the legal community liked what you were
doing?

Dysart: Oh, Paul, let me tell you, yes indeed. That was one of the foremost
desires of everyone connected with Mr. Bochco's show. We wanted to make
sure of the clarity of things so that nobody could take the show apart later for
not being truthful to the process or the laws that were going down.

After we had been on awhile the public was giving accolades mostly to the
actors. Many people in the public really believe that the actors go to work in
the morning and they say these things, they just come down from heaven
somehow, and these lovely words happen. That the words just come to them,
just like that. They don't usually think of what the writers have done. But the
lawyers around the country understood and rallied to L.A. Law, right
off. There were a number of reasons for that but one was that the writers
followed the law, because they knew the law, because they were able to
integrate the stories and the characters into the court case without stepping on
the law.

Joseph: You know there are a number of legal shows on the air today. Some
of them are written by David Kelley who was a writer for L.A. Law. I am
wondering whether you watch any of the recent shows like Ally McBeal6 and

[603]


 

The Practice,7 which are David Kelley shows, or Law and Order8 by Dick
Wolf. If you do, what do you think of them in comparison to L.A. Law? And
if you don't watch them, why not?

Dysart: [laughs] Well, you saved me a long process. I love David Kelley.
David Kelley was with L.A. Law from the very beginning. He became a
brilliant writer with LA. Law and guided the fifth season himself; guided,
wrote, produced the entire fifth year himself and wrote, I must say, very well
for Leland McKenzie. He enabled me to pick up an Emmy for my work that
year. To answer your question, I just don't watch television. I watch, well, I
shouldn't say that. I watch one show, I watch NYPD Blue,9 because it's a
Bochco show and because I had quite a number of friends who were in it, some
are still there. But I have sort of fallen away from that. I like things that are
live. Anything that isn't going on pretty close to being live I don't care
anything about. I watch C-Span, sports, much less than previously in my life,
sports don't interest me much anymore. And that's pretty much it. Oh, Julia
Child's reruns--they hold my attention.

Joseph: Some members of the Law Review commented that you seem to have
an affinity for the legal system. It goes beyond the character. Do you think
that's accurate or is that just people connecting you with the character?

Dysart: It's probably both. I have never had any desire to be connected with
the law [as a lawyer]. A lot of my friends back in the fifties wanted to be
lawyers or dentists, it sort of broke down that way. Neither craft [n]or
profession appealed to me at all.

But some things have appealed about the law. I got involved twenty years ago
with an organization called Native American Rights Fund ("NARF")10 which
is really not a fund. It is a Native American law firm, centered in Boulder,
which has done amazing things within the law system of the United States. It's
introduced tribal laws, revised tribal laws for people, helped various tribes
establish tribal government and done a lot of things in native rights and

[604]

particularly with treaties, discovering old treaties that were not kept, such as
that. And their work appealed to me for a number of reasons, I guess,
primarily because I liked the people who were doing it, John Echohawk and
the whole group there. Just wonderful people and dedicated way back to
getting young Native Americans into the law schools of the United States.
Getting them out into helping the people on the reservations and to join NARF
as well. I've always liked the way they went about their work. Still do.

Joseph: You are also on the board of the American Judicature Society.11 Did
that come out of  L.A. Law?

Dysart: That sort of came out of  L.A. Law. One time on the set, waiting to
film in my own office on my own desk I was just sort of sitting there
mumbling my lines or whatever I was doing. And I looked over and the set
dressers had decorated my desk and there was a copy of this magazine so I
picked it up and read it and it'was called Judicature.12 And it was the
magazine of that organization and there were some interesting articles in there.
Later, I joined so I could get the magazine. That was the start of my
membership with the association. Now I serve on the Executive Committee of
the Board.

Years later, just before the second Simpson trial, I was with a group of people
and someone said, "you know, this second case, I don't know how they are
going to find enough people to make up a jury of people who have no opinions
on this." And another individual broke in and said, "well, you know we don't
need juries anymore in this country. We have polls now."

Well, that sent a shiver up my back because there was an example of popular
culture selling out the justice system and that's a fear of mine, actually. But it
was that remark that said, oops, maybe there is something more I can do here.
That is when I got more active in the society.

[605]

Years before that, early in L.A. Law, I had my own pro bono campaign that I
did around the United States attempting to persuade lawyers to give more of
their time and their energies and their minds to helping the confused and the
disadvantaged. And I like to think that I contributed something.

Joseph: The agency that did the campaign must have thought that lawyers
would respond to "Leland McKenzie" telling them to go out and do pro bono.

Dysart: There really wasn't an agency involved, just me. I am very proud of
that. I sort of conducted it that way. I was the one who ran it because I did it
myself. I made all the contacts with the various law organizations in the
United States and said that I would do thirty second promotional spots for pro
bono law and at the same time I would speak at their associational meetings
and this was all pro bono on my part but I would maintain control over what I
said, of what the content would be. Organizations have a tendency to blow
their own horns, so to speak, but with only thirty seconds there is not enough
time to blow their horns and get the message out. So my message was aimed at
the lawyers themselves and also at their clients who might just say, "by the
way, counselors, do you do any pro bono law?" At least it would require an
answer. So I hoped it had something to do with that. I covered about thirty
states and twenty-five to thirty bar associations. I spent one whole summer
going around and doing that. They just had to supply me with coach
transportation and a place to sleep and a little grub and I'd fold my tent and
move on to the next state. I enjoyed doing that.

Joseph: Even though you were doing the ads as Richard Dysart were you
doing them in Leland's voice?

Dysart: Well, Leland's voice is pretty much the same as mine. I realize that I
had to establish a voice for him, different than mine, quite subtle, not very
different. I got to the point where I didn't have to think about it. You know,
you put on the clothes and everything else. I actually did choose a specific
voice but I didn't copy it. I developed the quality of the voice and the
crispness of delivery of General Dwight Eisenhower and that in itself  lent a
certain authoritarian command to Leland.

Joseph: Do you miss that character or once you've been a character are you
are happy to let him go?

[606]

Dysart: Well, no, I didn't let him go. He's around. I like Leland very much. I
had a little difference of opinion with the producers, at the end of  L.A. Law.
They wanted to symbolize the death of McKenzie Brackman, the death of the
firm, with the death of the senior partner. I didn't want to die. I did not want
that to happen. I also thought it was a lousy dramatic treatment, just a very
easy way out of something. But also if they were to have any reunion shows, I
wanted to be there. So they said, we'll make him very sick. They did and put
him in a sort of dying mood but he wasn't dead and he didn't die.

Joseph: I wanted to ask you that question because there is this tendency now
of making movies out of former television shows. I am thinking of  The X-
Files,13 The Brady Bunch,14 and Star Trek,15 so if they ever decided to make 
an L.A. Law movie are you ready to go? Would you be interested in that?

Dysart: You are talking about a movie. I am thinking about a made for
television film of whoever is left from the cast. I guess everybody is. I don't
think they'd make a regular feature film.

Well, I don't know why not. I don't know why not. I'd feel very bad if they
did one without me, let me put it that way. Sure, I'm ready.

Joseph: I can also imagine that it would be very interesting to have Leland
pop up on Ally McBeal and read Ally the Riot Act because she is so out of
control. I can see Leland saying, "you've got to get hold of yourself, you
know, you've got clients here and you are not serving them well."

Dysart: That's fine for Ally McBeal's point of view. And it would be sort of
using McKenzie Brackman. The producers of Ally McBeal don't own Leland
and I don't know what the legal thing would be of just having him float out. I
am saying this defensively Paul, because I don't want to do series television.
Particularly I don't want to be a guest star dropping in. It just doesn't interest
me.

Joseph: It sounds like there's also a little bit of protecting the character of
Leland McKenzie.

Dysart: I am very protective. Very protective.

[607]

Joseph: You feel that with L.A. Law there is a body of work that stands on its
own?

Dysart: Exactly.

Joseph: What was your favorite L.A. Law story line?

Dysart: There were any number of them. There is one involving Leland that I
liked very much. In fact it involved Leland going to court. Usually the first
scene of an episode was the conference room scene and that served a
marvelous purpose because it told the audience what was going to happen
during the hour, who was going to be doing what, and the audience felt very
comfortable with that.

Well, in this particular episode, in the conference room scene, we discover that
an attorney is ill, cannot go to court for a case that he has that day, an age
discrimination case, so somebody had to go.16 No one else was available, so
they said, "it's up to you, Leland. You are the only lawyer around." And
Leland said, "no, no. I couldn't do that." Later on, I guess Kusak (Harry
Hamlin) says, in McKenzie's office, "Leland, you got to do it. You're the only
one." And Leland says, "no. I'll tell you very frankly. I'm afraid I'd blow it.
My hearing is not good and I'm afraid I wouldn't hear something." And
Kusak said, "didn't you get some hearing aids?" And Leland says, "yeah.
They are right here in my drawer." And Kusak says, "well, shove them in your
ear, Leland. Go to court." Leland did and won for his client an age
discrimination case that involved his client being fired because he was coming
to a certain age where he was going to be collecting various pensions from
various health plans and it was going to raise their rates and all that kind of
stuff. Well, Leland won for him, and in so doing won a great battle for
himself.

Joseph: There is a crossover between the court case involving age
discrimination and having the senior partner, who doubted his own ability due
to his age, going out and winning.

[608]

To change the subject, I guess I have to ask you, because I am sure everyone
asks you, about the Rosalind Shays (Diana Muldaur) elevator episode.17 Did
you like that episode?

Dysart: [laugh] Well, I don't have an attorney here to represent me at this
interview. Yeah, I did. I liked the drama of it. 

The character of Rosalind Shays was brought in to provide conflict within the
firm. And that fell on Leland McKenzie's shoulders, even though he did not
invite it and was not the type of administrator or personality who would. But
the character of Rosalind Shays was something else again. She was what you
call a lightning rod. She attracted business. She had a lot of business follow
her when she came. She wanted to become senior partner of the firm.
McKenzie found himself in a position where he had to defend himself and
defend the firm. He stepped aside and after stepping aside started a campaign
to win the firm back. And that he did. He won the support of his partners
again. In the process of that, he and Rosalind had an affair that the audience
didn't know about until the Christmas show, in the fifth season, where
Rosalind and Leland were discovered in bed.18 Well, it had happened several
hundreds of times in the show previously, but not to Leland. And the outcry
from the audience around the country was really something. They said,
"enough!"

Joseph: You were going to bed with a viper.

Dysart: Yes, a viper. Great viper! What has she done? She's trapped him
into bed. Well, it wasn't long after that the famous elevator scene took place,
in which Leland and Rosalind left the office together, talking, waiting for the
elevator. The elevator door opens, Rosalind stepped in and there's no elevator.
Well, that doesn't happen every day in contemporary well-built skyscrapers.
But it did in that one and Rosalind got the shaft.

Joseph: How did the viewers respond to that? Were they happy to see her
go?

Dysart: Yes, they were. But I don't think they gave thought to the idea that
she was a character who was supporting the drama at the time. I thought she
had more play in it. I was called in by the producers, incidentally, before that

[609]

storyline started and told that this whole big disruption was coming to the firm.
But don't worry about it. [laughs] I judged from that that I wasn't going down
an elevator shaft. But anyway. No. I was just aware that ...

Joseph: Did Leland push her?

Dysart: [laughs]

Joseph: There are rumors.

Dysart: Oh, Mr. Joseph. I'll tell you. Yes, there are rumors. They've been
circling around and any number of people have asked me that. I said to the
director of the episode when we came to film the elevator scene. I said, please,
show both my hands at all times. Well, of course we couldn't do that. I wasn't
serious about that anyway. But I did feel the obligation [laughs]. No, Leland
didn't push her. But, my goodness, there are so many cynical people in this
world that judge straight up and swear that he had.

Joseph: Let me ask you a harder question. Since you know Leland McKenzie
better than anybody, how did Leland feel about her going when she fell down?
Was there any part of him that was just happy to see her go?

Dysart: Yes. The way Leland phrased his description in the conference room
scene in the following episode was a giveaway to his true feelings. His
description of the horrible event, although said in great sorrow and shock, was
rather bloody and coldly dramatic.

Anyway, for Leland it's solved a lot of problems. He didn't push her. I didn't
push her. And there is no fault there. The firm probably had quite a legal case
with the owners of the building and Rosalind's family and such. And I believe
she left some money to Leland.

Joseph: But also remember Leland had just told her it was not going to work
out romantically.

Dysart: That's right.

Joseph: Seconds before she turns and falls.

Dysart: That was the content that led us to going out to the elevator. There is
something else in relation to Rosalind that was very important. She was a

[610]

secondary character written in, in the middle of the run to fulfill a function for
a few episodes. Diana Muldaur acted so well, she had the whole country
talking. Well, that's good. And then her demise, the need for the character
was over. Job completed.

When the show went off the air, Newsday ran a big article on the show.19 And
they graphed out the history of  L.A. Law.20 I am sure it's in some archives
somewhere. High-points and low-points. The high point of the eight years
was the elevator shaft. From there on the graph slowly descends. Such is the
nature of episodic television.

Joseph: Was that a David Kelley creation?

Dysart: Yes, that was on David's watch. I never did look at what they call the
bible, the bible being kept in a saf e somewhere, the bible being the overall
story line that Mr. Bochco had devised long before.

Joseph: And it contained summaries of the characters, things that the writers
could use to see what the basic relationships were.

Dysart: Yes. And to keep the drama flowing. He probably, I don't know, I
didn't see it. But I imagine that Bochco had called for conflict within the firm.
Everything is based on conflict.

Joseph: I think if I am not mistaken that you are good friends with Diana
Muldaur.

Dysart: Yes, for many years.

Joseph: And you mentioned that she did not know she was going down the
elevator shaft until she saw the script for that episode. Is that a normal way to
do that? Why was that the way it was done? 

Dysart: My public feeling is that you have to realize that rejection is the most
difficult thing for an actor to encounter. It comes along particularly early in
the career, as it does for most people in their careers. But for actors it's a
personal judgment and the actor has to take it as that. Although the fact may

[611]

be that the actor is not tall enough, the star is shorter than they are or for
whatever reason. But it is a rejection. So, in a sense, Rosalind was being
rejected. Her task within the project had been completed.

Joseph: Thank you very much and so long.

Dysart: And so long. And it was done in a dramatic way so that it would
really grab the American public.

Joseph: Did you think maybe an actor would feel that this was a high point-
to go out in a way that everybody remembers?

Dysart: I would think so. I know of a little opposite story. I know of an actor
who was working in a television series who lived in another part of the country
far from Southern California. And they had to fly this actor to the set and
when the actor didn't work for a week or so, they had to fly him home again.
And it was expensive and it was also a pain because the actor was not
physically there to talk to and so on. And finally this actor decided he wanted
to do something else and they said, "it's too bad, but it's alright with us." And
he died on the show. The character died and they showed him on the gurney
being taken out of the house in a bag with a zipper. He was laying there. All
the cast members took a look and then an extra came along and zipped him and 
then sent the bag home. That's heavy.

What happened with Diana Muldaur was quite different. But it was terribly
shocking, I am sure, when she read that in the script. I was shocked to read it.
What Diana welcomed was the opportunity to go home and complete her new
house on Martha's Vineyard. See? Rosalind was rejected--shafted--and
Diana was freed.

Joseph: Nothing that would have prepared you for that. It was such a
moment.

Dysart: And it was filmed in such a way that it became a shock for the
audience.

Joseph: She turns and goes.

Dysart: Yes.

Joseph: Do people ask you for legal advice?

[612]

Dysart: Yes, it has happened once, and that's once too often, I must say. That
happened in my own neighborhood in Santa Monica. I was walking my dog
and a woman that I would often meet walking her own little dog, an elderly
lady who owned an apartment house stopped me one day and said "I am
having an awfully difficult time with one of my tenants." And asked me for
advice on how to deal with it from a legal point of view! What were her
rights? What were her tenants' rights? And I said, I don't know, Lady. You
better get yourself a lawyer.

Joseph: "I thought I did!" She said, "I thought I did! I am talking to you!"

Dysart: [laughs] She didn't say that but that was her thrust.

Joseph: You are also invited to speak before lawyers' groups around the
country.

Dysart: There is a very close relationship between the two professions, the
two crafts. Both actors and lawyers are involved in role playing. Everyone's
involved in role playing. But actors and lawyers do it within their work, they
do it everyday and lawyers I think, even more than actors, are aware there is an
affinity. Many lawyers I've spoken with over the years said, "you know, I
used to do theater work in college." There is a performance. A lawyer is
performing.

Joseph: Would it make sense in law schools to teach an acting course for
lawyers?

Dysart: An acting course for lawyers. Yes, to a degree.

Joseph: To become more intentional about what they are doing ....

Dysart: To become aware of themselves doing it. And I intend to speak to
that tonight to your class. The ability to get up on your feet and talk and
express yourself is invaluable to a lawyer. And the easier that they can do it
the easier it is on the jury. And the more simpatico would be the jury. Oh, I
think it would be invaluable. You'd be surprised at the number of actors who
cannot walk and speak memorized lines at the same time!

Joseph: The Law Review has done some research and I think found a series
of court cases in which the appellate judges had actually cited L.A. Law for

[613]

some proposition.21 Does that please you? Do you think it would please
Steven Bochco?

Dysart: [laughs] One in particular really gets me. I forget his name, Frozen
Foot, he had a very odd name.22  And he was in all kinds of trouble, petty
crimes.23 And he had gotten on a plane and flew to Los Angeles with some
stolen property.24 He was sent back with the property.25 And somebody said,
"why did you go to Los Angeles?" He said, "[I was going] to act in L.A.
Law!"26

Joseph: In his mind.

Dysart: In his mind he probably was.

Joseph: If you were given the opportunity to play either a doctor or a lawyer
on television, which one would you choose? Which one is the more interesting
character?

Dysart: Oh, I think the lawyer, by far.

Joseph: Why? Because there is so much in these medical shows today are
very, do this and that?

Dysart: Yes, that. Electrocute him! Put those things on the chest so the
audience can see him jump involuntarily! That's part of the problem,
incidentally, medical shows have created problems for themselves. With the
fast cutting of these emergency cases. They can't let down. The energy's
there. And any medical show that comes along in the future that doesn't do the
sarne razzmatazz is going to have a difficult time. People don't listen anymore,
it's all visual. Besides, who wants to spend their career with a mask over their
face?

[614]

I'd rather play a lawyer than a doctor and I have played some interesting
doctors in films. I think a lawyer is more available than a doctor. I think there
are more areas of the human condition which a lawyer can address.

Joseph: Doctors have this distance from their patients.

Dysart: There is a distance from the patient, distance from the patient's
relatives and such that has to be. And doctors are involved with people who
are ill. That's a given. And lawyers are involved, not necessarily, with people
who are ill.

Joseph: When you look at all the roles that you've done, I'll be very curious
to know what your favorite role is. Of all the different things that you've done
which one do you look back on and say, "that's the one I had the most fun
with?"

Dysart: Of course I had a lot of fun with Leland McKenzie, but that was an
eight-year series, 178 episodes. I was always looking for variant ways to be
Leland. It's a hard question to answer because I always think of the story, not
necessarily the character. Most actors, I guess would look at it the other way
around. Well, Being There27 was my favorite. But, you know Paul, there was
a time when I would have answered a question about my favorite role by
saying, "the next one."

I enjoyed playing Dr. Robert Allenby in Jerzy Kosinski's Being There, 28 with
Peter Sellers. To this day that it's a brilliant, brilliant film. It got squashed a
bit at the time. It was made, what, in 1979, we made it 78-79, It was a dark
comedy that was so against television, or at least the people who ran television
thought so, thought it to be a great threat, and within the film industry as well.
They did not give it fair shift. Didn't treat it to its best advantage. Because,
we know why. Also the writer, Jerzy Kosinski created a troubling situation for
himself by agreeing to have an additional writer brought in to put some humor
into the script. Then, after the production was finished and the film was being
put together, he demanded that only his name appear in the credits as the
writer. He won, money, of course, being the factor. And the other individual,
who did marvelous things for that script, withdrew. Of course all the writers in
town, in the industry, were aware of what had happened, and they were not

[615]

about to vote Kosinski for best screenplay. Mr. Kosinski's ego would not
allow him to think ahead.

Joseph: It was certainly one of the more individualistic films, not like other
films.

Dysart: It's true. And Kosinski himself did not think it could be filmed.
Sellers talked him into it. Persuaded him. Followed him three years almost.
Anytime they were in the same city, Paris or London or wherever, Sellers
would find out if he was there. He'd send him a small gift and say, "hi,
anytime you say!" I enjoyed working on that film. I enjoyed creating that
character because it was only mentioned in the novella. He was made pivotal
to the film. They realized that the audience, the viewing audience in the movie
theater, might not accept this "black comedy." They needed somebody present
in the story that the audience could trust and go along with. And Dr. Allenby,
you know, let the audience know that it was okay to laugh at this. Just a little
smile can release them, to say, "this is funny," and to go with it. I enjoyed that
challenge very much.

Joseph: In L.A. Law, rumor has it that in order to shoot the conference room
in L.A. Law they cut the conference table in half. Is that accurate?

Dysart: Well, that's very accurate. The table was how long, I don't know,
twenty feet?

Joseph: It was big.

Dysart: It was huge. And at its widest point it was probably not quite five
feet wide. The side of that room made it impossible for more than one camera
to be there. It was an extremely tedious all day job to shoot those few pages.
They cut the table in half, so that they could separate it when they wanted
to. It would allow two cameras to come in right there at the base of the cut.
Two cameras saved much time. It was done to suit the capital, as most things
are in television.

Joseph: Finally, I want to ask you. What have I not asked you that you
wished I had asked you? Is there anything?

Dysart: Well. Right offhand my mind doesn't register that. But can I take a
rain check?

[616]

Joseph: Absolutely. Thank you very much.
Dysart: Yes, Sir. Thank you.

[617]

*On February 9, 1999, distinguished visiting Goodwin Professor, Richard
 Dysart, sat down for a conversation with 1999 Goodwin Professor, 
Associate Dean Paul Joseph.

1. LA. Law originally aired on NBC.

2. CONCEALED ENEMIES, Comworld Productions (1984).

3. See, e.g., BLOOD AND ORCHIDS (1986); THE PEOPLE VS. JEAN HARRIS
RKO Television (1981) (playing Judge Russell R. Leggett).

4. Murphy Brown originally aired on CBS.

5. U.S. CONST. amend. 1.

6. Ally McBeal originally aired on FOX.

7. The Practice originally aired on ABC.

8. Law & Order originally aired on NBC.

9. NYPD Blue originally aired on ABC.

10. The Native American Rights Fund is a not for profit organization that 
provides legal representation to Indian tribes and organizations. For further 
information on the organization, see Native American Rights Fund (visited 
Feb. 6, 2000) <http://www.narf.org>.

11. The American Judicature Society is an organization established to 
maintain the independence and the integrity of the courts, while increasing 
the public awareness and understanding of the judicial system. For further 
information on the organization, see <http//www.ajs.org>. American 
Judicature Society (visited Feb. 6, 2000).

12. See American Judicature Society (visited Feb. 6, 2000) 
<http://www.ajs.org/judicaturel.html>. The publication is indexed in 
the Index to Legal Periodicals, the Current Law Index, the Legal Resources 
Index, the Criminal Justice Periodical Index, and the PAIS Bulletin. Id.

13. 20th Century Fox (1998).

14. Paramount Pictures (1995).

15. DesiLu Productions (1991).

16. L.A. Law (NBC television broadcast).

17. L.A. Law (NBC television broadcast).

18. L.A. Law (NBC television broadcast).

19. Gene Seymour, 'LA. Law:' The Final Verdict After Eight Years; 
Guilty of Overstaying its Welcome, NEWSDAY, May 15, 1994, at 20.

20. Id.

21. See, e.g., Utah v. Holland, 876 P.2d 357, 362 (Utah 1994); 
Fast Horse v. Class, 87 F.3d 1026 (8th Cir. 1996).

22. Fast Horse, 87 F.3d at 1026.

23. Id.

24. Id. at 1028.

25. Id.

26. Id. at 1029.

27. Lorimar Film Entertainment (1979).

28. Id.