How to Be a Good Defense Attorney

The scales of justice are a symbol of the justice system.

There are defense attorneys for both criminal law and civil law. If you want to be a defense attorney, you have to go to law school and pass a bar exam. If you want to be a good defense attorney, you must go beyond just filing motions, making arguments in court and meeting with your clients. You must make the most of your abilities, devote a great deal of time to your cases and develop good relationships with both your clients and opposing counsel.

Instructions

1. Meet with your client as soon as possible. Whether you have a court-appointed client, or a private client, you must meet promptly and discuss the facts of the case. Explain in terms the client can understand how the law affects the facts, and how you plan on proceeding.

2. Know the facts of your case. Request discovery as soon as possible. Discovery is the process of exchanging information and the documents that pertain to a case. In a criminal case, the prosecutor must hand over any materials in her possession that may indicate that your client is innocent. Generally, in criminal cases you do not have to turn over discovery to the prosecution. In a civil case, both you and the plaintiff's attorney must turn over any materials relevant to the case that are not subject to the attorney-client privilege. Pore over the materials, begin investigating and maintain contact with your client so you can master the facts.

3. Know the rules of procedure. Aside from knowing the state or federal jurisdiction's rules of criminal or civil procedure, you must know the specific rules for the county or courthouse in which your case is being tried. This is called the "local rules of court." Further, learn how the judge assigned to your case runs the courtroom. It may be in your best interests to attend one of that judge's trials before you have your turn.

4. Research the issues fully. Once you have a firm grasp on the facts, search for case law and defenses that exist. Know the cases that support your arguments and think of counterarguments for cases that do not support your arguments.

5. Be honest and courteous in all your dealings. Though the American court system is adversarial, you should still establish a good working relationship with the other attorney and judge. Good working relationships lead to smoother plea bargaining and settlements. Further, appear to all court appearances on time because you do not want the judge to think you are lazy or disrespectful.

6. Create a binder for trial. Use it for all discovery, statements and evidence. Also, include outlines of your opening, closing and direct examinations. If you are fully prepared with a complete binder, you will never be caught off guard.

References

• The American Bar Association: Model Rules of Professional Conduct
• Findlaw: What a Good Criminal Defense Lawyer Does.