It is a time marked by both emotion 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 litigants 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 only submit resumes to criminal defense attorneys, and only those who are practicing as independent attorneys because they are the ones from whom you will get the most personal attention.
I learned a lot from my principle of articulation. I stuck to him like glue; she went to court with him, stayed up late when he did it, got to the office early when he did it. 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 they called me to the bar, he offered me a job and I worked for him for another year. An office then became available in his suite and I established 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 partnership. But I never believed 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 to do the next best thing. Try to get a job with a reputable senior criminal lawyer who is a unique attorney and stick with him/her like glue. It is important that you choose carefully who you work for. A criminal lawyer’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, solid ethical reputation. He/she will teach you how to practice that way and teach you how to build her own credibility on the field. Another benefit is that you will get a head start in that area just from having worked for a reputable and well-known criminal lawyer. After you have worked in that capacity for 1-3 years, you may consider yourself ready to hang your own shingle.
My second piece of advice is to join and actively participate in your local Criminal Lawyers Association and other professional lawyers’ associations. Early on I found that lawyers who practice well and have a good reputation tend to spend around 25% of their time on professional activities. Not only do you learn a lot from the best of your field of practice, but you also gain access to the best CLE (continuing legal education) programs. If you have a Young Lawyers Division, join that too. I was quite active in that regard, especially in the first 7 years of my practice. It’s also very nice 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 will find that senior lawyers who enjoy what they do also enjoy teaching younger lawyers 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 accepting all types of cases and all types of clients. Personally, I think it’s worth the sacrifice to reduce 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, allot 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 handle 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 most of your practice will be built on referrals from past clients. If you really put everything in touch 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 relations. Do not wait for the client to call you and ask: “How is my case?” Start a call at least once a month (once a week if you have the 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. Now I set aside some time on Friday afternoon and send out a short email to all my clients (it doesn’t take as long as you might initially think):
“Hi John (or Mr. Smith). I just thought I’d contact you and let you know that I’m still waiting for any pending revelation from the Crown. I’m going to court next week and put a little bit of pressure on the Crown to get this case moving forward. for you. Once I receive all the missing items, you and I should meet up and go over the next step. What is your usual schedule like during the week?
Developing a relationship with mentors, colleagues, and clients is not only a benefit to your business, but 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 Attorneys are generally very good; very professional, very competent and a pleasure to deal with an opponent on and off the pitch. They will respect you if you stand on your ground, having done your research and not being reluctant to pursue a fairly well-founded constitutional case or argument.
From time to time, you may come across a Corona that isn’t so much. When I’m in court, I find the best way to deal with them is to:
- Always respond to their arguments or objections by addressing the judge, not the Crown;
- Speak at a volume level slightly lower than the Crown;
- Be brief and to the point, avoiding drama, even if the Crown is dramatic; and,
- Being 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 attorney. 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 solicitor. All rights reserved throughout the world.