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Getting Started as a Criminal Defense Lawyer: Some Tips

Getting Started as a Criminal Defense Lawyer: Some Tips

It is a time marked by both excitement and apprehension. I clearly remember the day I graduated and even though I was only 24 years old, I have seen a common reaction in law graduates regardless of age.

The biggest single benefit I had after graduation was my one-year stint as an articulator. Criminal lawyers are often lone wolves. Unlike civil litigators who practice in groups and firms, a criminal attorney is often a sole attorney, either practicing alone or in a cost-sharing arrangement with other criminal attorneys who are also sole practitioners. This has its advantages and disadvantages. If you have an articulated term in your jurisdiction, don’t waste it. Do some research and send resumes only to criminal lawyers, and only to those who are practicing as independent lawyers because they are the ones from whom you will get the most personalized attention.

I learned a lot from my articulation principle. I stuck to him like glue; went to court with him, stayed late when he did, got to the office early when he did. I learned not only how he practiced criminal law, but also how he operated the business of practicing law. After articulating, there was the bar admission course (six months) during which I worked part-time for him. After I was called to the bar, he offered me a job and I worked for him for another year. So an office became available in his suite and I set up my own practice, in a cost-sharing partnership with him. After three more years, I rented my own space and started my own cost-sharing association. But I never thought that anything else was a more important start to my practice than my year as an articulator.

If you don’t have that in your jurisdiction, try the next best thing. Try to get a job with a reputable senior criminal attorney who is a unique attorney and stick to him/her like glue. It is important that you choose carefully who you work for. A criminal attorney’s greatest asset is her ethical reputation and, therefore, her credibility. That lasts us a long time. So look for a lawyer with a good and solid ethical reputation. He/she will teach you how to practice that way and teach you how to develop your own credibility in the field. Another benefit is that you will have a head start in that area just because you have worked for a reputable and well-known criminal attorney. After you have worked in that capacity for 1-3 years, you can consider yourself ready to hang your own shingle.

My second piece of advice is to join and be active in your local Criminal Lawyers Association and other professional bar associations. I found early on that lawyers who practice well and have a good reputation tend to spend about 25% of their time on professional activities. Not only do you learn a lot from the best in your field of practice, but you also get access to the best CLE (continuing legal education) programs. If you have a Young Lawyers Division, join it too. I was quite active in that sense, especially in the first 7 years of my practice. It’s also very personable and gives you a nice break from the daily stress of running your business. It is a social outlet as well as a rich learning opportunity. You’ll find that senior attorneys who enjoy what they do also enjoy teaching junior attorneys what they do. You will get some very good mentors.

My third piece of advice is to enjoy what you are doing. Try not to succumb to the financial burden of starting a practice taking on all types of cases and all types of clients. Personally, I think it’s worth the sacrifice to cut revenue rather than accept cases where you don’t like the client or the work involved in representing them. If you refuse to take a case, make sure you can refer the client to another criminal attorney whom they respect and trust. Do not ask for or accept a referral fee. He/she will appreciate the referral and you will develop a referral network that can be a good source of business.

Fourth, if a particular case typically involves 10 hours of prep time, spend 20 (in fact, I continue to do so even after 20 years of practice). It makes you look good when you know the facts well, you know the case law related to a particular situation well, and you can stand up and answer the judge’s questions without looking down. In particular, you’ll catch everyone off guard because you’re just getting started. You look green, you sound green, but you carry yourself like a seasoned pro.

Fifth, you may be thinking about internet marketing and that may be of some benefit. However, you will find that the majority of your practice will be built on referrals from previous clients. If you really put everything in contact and preparation with the client, your clients will see that you work hard and if they have friends who need you, they will send them to you. Don’t underestimate the importance of maintaining good customer relationships. Don’t wait for the client to call you and ask, “How’s my case?” Start a call at least once a month (once a week if you have time), let them know what’s going on, say hi. That will set you apart from your competitors. If a customer calls and leaves a message, call them back as soon as possible. They will be impressed. I get it all the time, “Wow, that was fast.”

In my early days, there was no email. I now set aside some time on Friday afternoon and send a short email to all my clients (doesn’t take as long as you might initially think):

“Hello John (or Mr. Smith). Just thought I’d get in touch with you and tell you that I’m still waiting for any pending disclosure from the Crown. I’ll be going to court next week and put some pressure on the Crown to move this case forward.” for you.Once you receive all the missing items, you and I should meet and go over the next step.What is your schedule usually like during the week?

Developing a relationship with mentors, colleagues, and clients is not only a benefit to your business, it also makes practicing law enjoyable. You will find that you will go home to your family and tell them about the good day you had, instead of the stressful kind of day you had. A genuine smile also lets clients, judges and juries know that you are confident and competent.

In my experience, Crown Counsel are generally very good; very professional, very competent and a joy to deal with an opponent on and off the pitch. They will respect you if you stand your ground, having done your research and not being reluctant to make a fairly well-founded case or constitutional argument.

From time to time, you may find yourself with a Corona that is not so Corona. When I am in court, I find that the best way to deal with them is to:

  1. Always respond to your arguments or objections by addressing the judge, not the Crown;
  2. Speak at a slightly lower volume level than the Crown;
  3. Be brief and to the point, avoiding drama, even if the Crown is dramatic; Y,
  4. To be very nice, even if the Crown is not.

This approach will contrast you and will have the effect of emphasizing the negative aspects of your opposing counsel. Avoid making sarcastic or caustic comments when responding to your opposing attorney. It is your professionalism that will carry the day.

Copyright © 2011 Steven Tress, attorney and attorney general. All rights reserved throughout the world.

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