By Stefano L. Molea
When people ask me why I wanted to be a lawyer, I jokingly respond: “I grew up arguing in an Italian family, so I figured I should get paid for it.” However, when people ask me why I decided to practice as a criminal defense lawyer, my answer is a bit more serious: I enjoy helping protect the integrity of our Constitution, to provide the counterbalance in our system of justice, and to protect the rights of my clients. In criminal defense, maybe a little more than other areas of law, if you do not have a passion for your work, you will not last long. The technical aspect of criminal law is intellectually stimulating; the subject matter can be emotionally taxing; and representing a client’s best interest to obtain the best possible outcome can be challenging. As I reflect upon almost a decade of private practice, having had the privilege of working with some of the best criminal defense lawyers (both private and public), prosecutors and judges in Southern California, there are a few perspectives that I have developed that may be unique to the private sector.
Managing Expectations
First, when clients are considering paying for your services (when they might be able to obtain services at little or no cost through the County), managing expectations is critical. There have been many occasions where someone is sitting across from me and asks: “If I am going to spend this money to hire you, can you guarantee me my freedom?”
Of course, my standard answer is, “If any lawyer guarantees anything, other then their hard work and dedication to your case, you should run the other way.” However, by explaining the process, possible strategies and important factors that determine outcomes, a potential or current client gains important perspective and expectations are re-calibrated.
Accessibility
Along the lines of managing expectations, part of private criminal defense representation involves frequent accessibility from clients and sometimes their families. The “hand-holding” within the representation is certainly part of the customer service, and although not directly correlated to the actual legal work and obtained outcomes, it can have an impact on how the outcomes are perceived. For instance, constant contact with clients, with fast email response rates and various meetings, builds rapport and allows the client to see the actual work and efforts being put into the case. If they feel informed, and if that information is reiterated (sometimes ad nauseam), they will be part of the process.
The Business Side
Due to the path I have chosen, I cannot be an effective criminal defense lawyer if I do not have clients to serve. As we have all heard before, law school does not teach us how to run a business. While there is a learning curve to understanding marketing, customer retention, customer service and profitability, law school does teach us how to build a foundation for both our careers and our business — the importance of reputation. There are various strategies out there to generate business that focus on paid awards, flashy websites, search engine optimization and marketing budget, but seem to ignore the importance of reputation. On the other hand, having a great reputation alone will not produce a profitable business. With the world of social media and Google, a potential client is bombarded with information and options. Working to help them sort through all that information, so that you can serve them and run a business at the same time, is the challenge.
The Personal Side
Criminal cases can be stressful. Both the subject matter and expectations, hopes and worries of the client can weigh heavily. The pressures of what I think, or the client thinks, the outcome should be certainly creates anxiety. Whether it is at trial, a motion hearing or readiness conference where a potential plea bargain is discussed, their concern for their freedom, reputation and future are the forefront of everyone’s mind. This, of course, is not unique to the private sector. For running a business, however, there is the added pressures of fluctuations in the market and the need to maintain the stream of clients. On top of that, there are the exceptional cases. The ones that keep you up at night. The ones where our system fails to help or where, by my perception of what is a fair outcome, the client is punished in a way that seems to defy societal interests. To handle those layers of stress, work-life balance is crucial. Finding an outlet, such as exercise, is crucial. We cannot let one of those stressors go beyond its designated, categorical capacity. To do otherwise, either the business, our clients, or our personal life suffers.
Stefano L. Molea is Partner with The Law Offices of David P. Shapiro.