Things On Better Call Saul That Real Lawyers Would Never Do

One thing fans have learned after so many seasons of Better Call Saul is that Jimmy loves a courtroom surprise. They certainly make for good TV, but according to Fleck, in real life, they would put him at serious risk of losing his law license or even being arrested.

In the season 5 episode "Namaste," Jimmy goes to court to defend someone charged with robbery. In order to sow doubt about the plaintiff's ability to correctly identify his client, Jimmy hires a lookalike to pretend to be his client in court. He then tricks the plaintiff into identifying the lookalike instead of the actual defendant, casting doubt on the case. Fleck admitted that he loves this scene, but it's "a little silly and not realistic" — and ultimately "inappropriate during cross-examination of a witness."

"A lawyer could line up a whole squadron of doppelgängers, but what this really proves is that the witness knows what the suspect/defendant looks like. In this case, the true defendant probably was charged with the crime because there was some other evidence that linked him to the crime. It could be a fingerprint at the scene, or that he frequents that store, or cell phone data placed him in the area. There would be no such information for the lookalikes," explained Fleck. "Hypothetically speaking, if there really were no corroborating evidence, just the witness testimony of a single eye witness, then the trick could work. It could create reasonable doubt. However, no actual lawyers would pull a stunt like Jimmy did."

Fleck went on to explain that the bait-and-switch Jimmy pulled would do him more harm than good. "It would anger the judge. The ABA Model Rules of Professional Conduct require lawyers to 'demonstrate respect for the legal system and for those who serve it, including judges,'" Fleck told Looper. "I think a state bar association would probably punish Jimmy for this stunt."

In the episode "Chicanery" from Better Call Saul season 3, Jimmy pulls another spectacular courtroom con while cross-examining his brother Chuck (Michael McKean). Chuck is testifying that he has electromagnetic hypersensitivity and therefore cannot be in proximity to things like cell phone batteries. After some back and forth on the stand, Jimmy states that he had one of his associates slip a cell phone battery into Chuck's coat pocket, revealing that Chuck has been making up his hypersensitivity.

This would be another major mistake on Jimmy's part, according to Fleck. 

"No legitimate lawyer would engage in such deceptive behavior. To plant the battery on Chuck, Jimmy's associate committed the crimes of battery and/or assault against Chuck," he said. "Both Jimmy and the associate would be charged with a crime. At a minimum, Jimmy's license would be suspended by the state bar association."