We’ve all seen the movies and television programs that display a criminal defense attorney as a silver tongued devil fighting for justice and truth while the prosecution bungles another case. It’s unclear how these lawyers earned their reputations for brilliance, but there’s no question that the reputation exists. In real life, things are a little different. Like it or not, the overwhelming majority of people who go on trial are guilty of the crime they are being charged with. At odds with what you might see in Hollywood, “not guilty” verdicts are quite rare. Still, it is incumbent on the defendant’s counsel to provide him with the best possible defense. There are a few traits that lend to being able to do this well. A criminal defense attorney doesn’t need to be a wizard with words. In fact, put in front of a jury of average people, confusing simple issues with an extensive vocabulary can easily be a mark against the lawyer (and, by proxy, the defendant). Far more important to a good defense lawyer is the ability to relate to people. A lawyer has to look and feel comfortable when addressing the jury and questioning witnesses. The courtroom is not a place for the shy or the timid. It doesn’t hurt if the lawyer is empathetic as well, since they need to relate to their clients and be able to put themselves in the position of the defendant. A good criminal defense attorney will be highly intelligent. On this point, the movies get it right (although many of the most famous Hollywood defense lawyers seem more like savants than normal, intelligent people). You have to be able to think to handle the wheels of justice. You have to evaluate the evidence, listen to your client’s story, and formulate a defense that will seem believable to the jury. A trial can be as much about playing a game of chess as it is about finding that kernel of truth and justice. Chess players must be very intelligent to make it far, and so must a lawyer be to adequately represent their clients. Finally, and perhaps most importantly, a great criminal defense attorney will have a tireless work ethic. More than any other single factor, preparation wins cases. This goes for lawyers on both sides of the courtroom. Vincent Bugliosi, the famous prosecutor who put the Manson Family behind bars, has said numerous times that he will spend no fewer than 100 hours preparing his final summation to the jury in big cases. As in other fields, a lawyer’s best work is often done outside the courtroom.
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