December 2009 Archives

December 10, 2009

Round Up The Usual Suspects!

The National Law Journal reports that senators have been questioning Lanny Breuer about why there haven't been more fraud prosecutions. Apparently, the Senate wants the Department of Justice "to do more about those who might have contributed to the credit crisis and the recession."

Why does there have to be a criminal enforcement response to every macroeconomic change that negatively effects people? Are there any serious economists who think that recessions are caused by white collar crime?

More plausible, is that members of the Senate stand a better chance of being reelected if they badger DOJ into trying to put people in prison.

That's change we can believe in.

If you have questions about how federal criminal charges are different than state criminal charges, please visit this page on Maryland federal criminal charges or Washington DC federal criminal charges.

December 8, 2009

Feeling Your Client's Pain

I recently read a very successful personal injury lawyer's advice to a lawyer who was starting a personal injury practice. His advice was "make your client's pain your own and everything else will take care of itself."

I suspect that's excellent advice, and not just for a personal injury practice.

It presents unique challenges for a criminal practice though. On one hand, I know that the best results I've achieved for clients have come when I take their case completely to heart. Cases tend to go better than I think they will when I wake up at 3 a.m. thinking about what I'll say at a hearing, or I find myself thinking of an argument to make to a prosecutor when I should be listening to one of my kids tell me about his day. Clients deserve to have a lawyer who is thinking about their cases obsessively. I know if I, or a member of my family, need a lawyer, I'd want that lawyer to be thinking about the case often.

On the other hand, criminal defense lawyers, particularly in the federal system, lose. And when you lose and you've taken your client's pain to heart, it becomes your pain. There's a tremendous amount of burnout among criminal defense lawyers; worse, too often defense lawyers prevent themselves from burning out by just not caring about their clients in the first place. The lawyer who yells at his client at the initial consultation, or doesn't explain to his client what will happen if he pleads or goes to trial, or browbeats his client into a quick plea, is the worst of our profession, and may just be keeping himself from feeling how desparate his client's situation is.

Which is not to say that this is excusable. There's an important difference between a defense and an argument you make at sentencing.

The hard part, I find, is striking a balance between being too close and too distant to how my clients. Too close and you lose perspective and can't function. And, while it hurts to see a guy who has robbed a bank go to prison, you're not going to be able to prevent that from happening in most cases. Whether or not you feel the guy's pain, he's likely going to BOP. But if you don't feel what he's going through at all, I don't know why you'd bother to do this work.

If you have questions about how federal criminal charges are different than state criminal charges, please visit this page on Maryland federal criminal charges or Washington DC federal criminal charges.