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Memo to David 
E. Kelley: Tighten up

With 'Boston Legal,' go back to what once worked

By Ed Robertson

   This coming television season marks a critical stage in the career of David E. Kelley.
   The eight-time Emmy-winning writer/producer has been mired in a slump that dates back two years, during which time he's laid two eggs, “girls club” and “The Brotherhood of Poland, NH." His best show, “Boston Public," was laid to waste creatively before it was mercifully canceled by Fox.
   Every auteur in the history of television, from Roy Huggins to Dick Wolf, experiences his share of failures, and the networks will tolerate an occasional miss so long as they can be forgotten among the hits.
   But Kelley hasn’t had a hit since 2000, when “Chicago Hope” left CBS and Robert Downey Jr.’s drug problems signaled the downward spiral of “Ally McBeal.”  Even “Boston Public,” while critically acclaimed its first two seasons, was at best a marginal success in ratings.
   Now Kelley is trying again with “Boston Legal,” the spin-off of “The Practice” that starts next month on ABC.
   When a batter endures a slump in baseball, he adjusts his stance, chokes up on the bat, or makes some other change in his approach to hitting. More often than not, he finds the solution he needs by studying videotape of games in which he hit the ball well.
   Similarly, Kelley needs to change if he wants to succeed with “Boston Legal.” This means returning to the formula of his previous TV successes and adhering to these three guidelines:

Lay off the tics
   Kelley would be wise to play it simple with “Boston Legal” and keep the tics to a minimum.
   Like Stephen J. Cannell and David Chase, Kelley has an uncanny knack for creating quirky characters who immediately leave their mark on viewers. But Kelley is often too clever for his own good, allowing the quirks and gimmicks to dominate his characters.
   Watching John Cage (the uptight, socially repressed lawyer played by Peter MacNicol in “Ally McBeal”) dancing in the bathroom to Barry White was funny the first time we saw it. But it ceased being funny once we saw Cage literally dancing to the same song week after week after week.
  It's easy for any producer to overdo tics, and Kelley is hardly the only offender. “Monk” fell into the same trap earlier this year. Tony Shalhoub’s detective had become so tic-oriented that he was more caricature than character, and the show suffered as a result.
   But as Media Life writer Toni Fitzgerald recently noted, “Monk” producers recognized the problem and cut back on the tics, returning the emphasis of the show to where it should be: developing intriguing mysteries with interesting clues that engage Monk and by extension the TV audience.
   Kelley failed with “girls club,” “Brotherhood” and “Snoops,” his ill-fated Gina Gershon private eye show from 1999, in large part because he overdid the tics at the expense of the story.
 

Trust your actors
   Kelley’s success on “L.A. Law,” “Picket Fences” and “Chicago Hope” established him as a kind of actor’s producer. He began attracting not only the hottest TV actors but also top-notch artists from music and film. Many were people who ordinarily wouldn't do television and made an exception on the basis of Kelley’s reputation as a writer.
    That’s how he got Jeri Ryan to do “Boston Public” immediately after “Star Trek: Voyager.” That’s also how he landed Gina Gershon for “Snoops,” as well as James Spader for “The Practice” last year and “Boston Legal” this year.
   But when you stuff too much into your characters, as Kelley has been prone to do in recent years, you leave your actors with little room to perform their craft. You’re forcing the actors to concentrate on all the little trappings. 
   Actors are at their best interpreting a character and allowing that interpretation to drive the story. They're in their craft when the mannerisms and such of the character emerge naturally. 
   In the case of “Boston Legal,” Kelley needs to trust what he has in James Spader, an interesting actor with a penchant for subtlety that is custom-made for television. It’s OK to establish some defining characteristics in the beginning (Spader plays a man of dubious moral fiber). But at some point Kelley needs to back off and let Spader do his thing.
 
Stick to the law 
  
Most of us remember the outlandish moments in “L.A. Law." Nebbish Stuart Markowitz woos hot-to-trot Ann Kelsey with the help of the so-called Venus Butterfly sexual bit. The eminently unlikable Rosalind Shays goes to her well-deserved reward by falling down the elevator shaft.    
   We're less inclined to remember the important legal issues that Kelley, a former lawyer, adroitly explored. We should, and so should Kelley. It was key to his success as a writer.
   Every Friday morning, attorneys across the country gathered around the water cooler to discuss the particular points of law presented on “L.A. Law” the night before. In the course of its eight seasons on NBC, the series addressed such topical issues as the outing of gays, reverse discrimination, and insurance companies that refused to cover medication for the treatment of AIDS.
   That’s the kind of buzz Kelley should be shooting for this season on “Boston Legal.” 
   There’s no question that ABC wants Kelley to succeed. The network not only slotted the show in “The Practice’s” old time slot, Sundays at 10, it also accommodated Kelley by letting him use the entire season of “The Practice” last year to set the stage for “Boston Legal” this year.
   But all of that will go for naught unless Kelley makes it work. The producer’s best bet for achieving success in the future is by going back to what worked in the past.


Aug. 26, 2004 © 2004 Media Life


- Ed Robertson is a television historian and a regular contributor to Media Life.


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