Starting a Law Firm | Criminal Defense Addition

Starting a law firm is a lot of fun. And I think starting a criminal defense law firm is even more fun. First, the work is much more fun. Where else can you hear stories ranging from a fight for gold teeth to someone falling asleep at a poker table, getting dealt twice in a row, and then getting accused of cheating? No where else, that's where.

But, if you are going to go into criminal defense, you need to know a couple of things. It's possible to go out there and start a law firm right out of law school, but it's almost impossible to do it well. See, part of being a good criminal attorney is having the gumption (others would say balls) to stand up and say "f-you prosecutor, your offer sucks, and we're taking this to trial," when you know you have a shitty case. And it also just takes some good old fashioned experience.

There are several ways to get this experience, some more readily available than others. And, today is your lucky day, because I'm going to talk about them.

Criminal Attorney Experience | Watching

I probably learn more about how to be a great criminal lawyer from watching other people do it than any other way. Find out when motions dates are and find out when trial dates are of the good attorneys, and then go and watch them. You'll learn a ton.

Criminal Lawyer Experience | Trial by Fire

This is a great way to get experience. Just get in there and do it. When you open your firm there will be pro bono opportunities, conflict panel appointed counsel opportunities, and paying client opportunities to get out there and get to work. Just make sure you know your boundaries and don't get caught up in something you have no business doing.

Criminal Defense Experience | CLEs

I'm not talking about those CLEs people go to just to get there hours and get out of there. I'm talking about the substantive CLEs that teach you something about the law you are doing or about the craft that you have chosen to partake in.

For example, I'm a DUI attorney. I go to as many DUI CLEs as I can. I was recently certified in field sobriety testing (this means I've got the exact same training the cops get) and up next is probably breath test certification. And when the heavy hitters get together and talk about DUI, I make sure I show up.

I'm also a trial attorney, through and through. And trust me when I say this is a learned craft. You can never practice enough. In the last couple months I've taken two CLEs that were geared toward improving trial skills. And they were interactive. One made me about as uncomfortable as I've ever been (I had to give an opening statement to a "jury" and I couldn't move eye contact from one juror to the next without first touching that person - it was as awkward as it sounds) but made me a better trial attorney.

This is the kind of stuff that I'm talking about.

Criminal Defense Books

There is still something to be said for reading too. Every day I read 20 pages of the Washington State DUI manual, working my way from front to back and then starting all over again, and I read a chapter from the current marketing/practice book that I've got in my hands. Today on a whim I picked up The Best Defense by Alan Dershowitz, and I wish I'd picked it up years ago. He speaks plainly about what it really means to be a criminal defense attorney (for example, "almost all of my clients are guilty, but I don't care. I'm here to win. If they go free and kill someone it doesn't necessarily affect my conscience, much like it shouldn't affect a surgeon if he saves someone and then the patient goes out and kills someone"). Read it.

That's about it for this post, and the rules probably apply to whatever practice area you're going to focus on. There's a saying that being the best attorney in the world won't get you clients if you can't find them, but once you do find them you better know what you're doing.