THE BURIAL - Mark Reviews Movies

The Burial, Amazon Studios

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Review by Mark Dujsik | October 12, 2023

First and foremost, The Burial is an entertaining courtroom drama about, of all unlikely things, a contract dispute in the world of the funeral industry—a combination of words that suggests dry, dull, and depressing material. Part of the reason it is enjoyable, though, is also a component of the one of the film's underlying ideas. This is a case that's as much about the personality and character of the people at its center as it is about the facts and figures and financial interests of the competing parties. That makes a lot of difference.

Co-writer/director Maggie Betts' film, though, is also smart in the way it sneaks in a couple of vital observations about justice in the United States and the justice system in general as it's telling this seemingly straightforward tale. In terms of the latter, the notion has to do with these characters, who are as much a part of whether or not one side of this legal battle can and will win as anything to do with hard evidence and provable facts.

Some, of course, might see that as something cynical about the justice system, but Betts observes it as a simple matter of pragmatism. Of course, the personality and passion of an attorney arguing a case are going to matter as much to a jury as a line of expert witnesses, boxes of internal documents, and testimony from whistleblowers—if not more so. Law may be written on paper, but it's essentially interpreted every working in courtrooms across the country. The people making the case for one interpretation over another are lawyers arguing with rhetorical skill and evidence to back up those claims. It's as simple and flexible as that.

Obviously, 12 ordinary people are going to feel something for the people directly involved in court proceeding. There's something to be said for a litigant who seems decent over one who comes across as a faceless, uncaring entity—or, worse, the chief representative of said entity, whose manner and attitude confirm that opinion.

Here, the story and, in a way, the court case at hand revolve around these people. On the one side, we have Jeremiah O'Keefe (Tommy Lee Jones), a just-turned 75-year-old man who owns and operates several funeral homes and a burial insurance operation in southern Mississippi. It's 1995, and Jeremiah—a decorated veteran of World War II, the father of 13 children and a grandfather to more than 20 kids, a small business owner looking to ensure that the legacy of his family's enterprise continues to future generations—has a problem.

His company and he himself are in debt, so he wants to sell a couple of his funeral homes to a corporation run by and named after Ray Loewen (Bill Camp). The negotiations go fine and to both parties' liking, and a contract is written up, is signed by Jeremiah, and sits waiting to be signed by Ray's company. Jeremiah's attorney Mike (Alan Ruck) suggests Ray is intentionally stalling so that the little guy's business goes into bankruptcy, when the big guy can get what he agreed to and much more for cheaper.

Jeremiah decides to sue Ray's company, and at the advice of family friend and new lawyer Hal (Mamoudou Athie), he seeks legal counsel from Willie Gary (Jamie Foxx), a Florida-based attorney who specializes in personal injury, has never lost a case, and has created a veritable empire out of law practice. Willie is also an expert grandstander, as well as a man who knows how to talk to and elicit sympathy from a crowd—especially a captive audience of 12 jurors. Foxx, a wellspring of confidence and charisma, is perfectly cast in and takes meaty bites out of this role, of course.

Most of this story, written by the director and Doug Wright (adapting an article by Jonathan Harr), plays out exactly as one probably expects. Willie's team takes over, much to the chagrin of Mike. Witnesses are called, and evidence is gathered in stacks of boxes to be parsed by Hal and other junior attorneys. The case unfolds with some twists and turns. Meanwhile, Willie finds a formidable legal opponent in Mame Downes (Jurnee Smollett), whom Ray hires to counter Hal's suggestion that Jeremiah seek out a Black attorney who will look better than Mike in a county with a predominantly African American population.

Does race matter in this case? That's a question posed by a few characters here, especially in the early stages of the proceedings, and it technically isn't at that point, except as a matter of legal strategy.

The screenplay is pretty forthright about that, because of the pragmatic perspective of the law and the system that the film takes, but as personal histories and other deals come to light over the course of the trial, Betts and Wright gradually illuminate another truth about justice in this country and especially in—but not exclusive to—the South. Matters of race are inescapable when it comes to the history and course of justice in the United States, because the country's own history and course are ones of injustice against people of minority populations. It may seem irrelevant in a lawsuit between Jeremiah and Ray, but even a little digging into the past brings race to the fore as a problem both for Jeremiah's legal team and for Ray's defense.

Yes, The Burial is an engaging legal drama, then, thanks primarily to the performances and portrayals of such distinct, clear personalities. The film, though, has some thoughtful observations and incisive points to make along the way, and it does so with subtle clarity, too.

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