New York, NY—Saul Bienenfeld says that in today's criminal justice system, the public’s  perception of defense attorneys is all wrong.

“One of the biggest challenges criminal defense attorneys face is the perception of people who question the reasoning behind defending people charged with a crime,” he told laws.com in a recent interview.  “Many of my clients are innocent, and even if my client is guilty, they are still entitled to the best defense they could possibly get.  People don't understand that, and it is often looked upon as if I am doing a disservice to the community by defending them.”

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This, he says, leaves the public believing that defense attorneys are barely a step above criminals, themselves—a situation that isn't the same in other countries using a similar legal system.  “In this country, we have a negative perception of criminal defense attorneys, whereas in England, you could be both the prosecutor and a criminal defense attorney at the same time,” explains Bienenfeld.  “I'm not saying they have a better system, but they don't perceive criminal defense attorneys the same as they do in this country.”

For defendants, one of the biggest choices can be whether to go to trial.  In a legal environment where only about 5 percent of total criminal cases ever go to trial, Bienenfeld says that he is “not afraid to take a case to trial when my clients insist on it.  I also believe it's a good idea to take a case to trial if I know I can win the cases.  As long as I have the client's consent, I am not opposed to it.”

New attorneys who are interested in the life of criminal defense lawyers don't need to go any further than their local courthouse, according to Bienenfeld.  “Go to as many trials as you can,” he advises.  “Some of the top litigators are trying cases in federal court.  It's also a good idea to visit state courts and watch trials. When my parents were dating my dad would take my mom to night court to watch what goes on.  It was an exciting night out that cost nothing.  As trial attorneys we have an obligation to continually learn new trial techniques what better way is there then to watch them first hand."

Good interpersonal skills will also help, he says.  “Don't be afraid to go up to the attorney and ask them case specific questions.  When I first started, the best advice I got was: 'Go to the courthouses and invite other attorneys to lunch.'  You will get known and you will gain great experience.”

While some attorneys might consider an innocent client easier to defend, Bienenfeld says that cases involving the wrongfully accused can actually be the most stressful.  “I feel very passionate about proving my client's innocence, to such a degree that I lose sleep thinking about my client,” he says.  “There is always a slight possibility that an innocent person is charged with a crime they did not commit, and then it becomes my fault if they are found guilty.”

One of the biggest surprises for Bienenfeld has been the way that media reacts when a high profile client is in trouble.  “The press sometimes finds out information about a defendant or a case that even I can't find—I am astonished at how they are able to get certain information.”

As a former Assistant District Attorney for The Special Narcotics Bureau, with over 20 years experience as a successful criminal defense attorney he fully understands both sides of the field. The Law Offices of Saul Bienenfeld P.C. is always ready to help out his fellow New Yorkers. To learn more about his practice please visit www.sbienenfeld.com. 

Orlando, FL—As a Florida criminal defense attorney and civil litigator, as well as being a CNN and local news Legal Analyst whose cases have included representing Tiger Woods, Texas Equusearch in the Casey Anthony case , Lou Pearlman and a host of prominent people, politicians and celebrities, Mark NeJame is one of the best.  Nicknamed “The Fixer,” NeJame knows his way around high profile cases.

“Those lawyers who say 'I am never going to speak to the press' aren't necessarily doing their clients a service, because there will be times you need to communicate with the press,” NeJame told laws.com in a recent interview.  He added, “But there are other times though that the press should be entirely avoided. You have to understand the way the press works today versus the way it used to work yesterday and you have to use that knowledge towards your client’s best interest.”

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For attorneys today, NeJame says that means learning about new technologies, including blogs and social media.  “There are some cases that you want to run up the flagpole,” he explains, noting that it's possible to increase the attention a case receives from the public by effectively using these channels. His believes that his firm has been very successful with many settlements and pleas because of concerns from the opposing side regarding issues of publicity.

Not many people can speak as well on camera as Mark NeJame.  While he has earned accolades for his role as a legal analyst in the Casey Anthony trial and has been showered with various awards, he says that his favorite role is still one that he fills outside the courtroom.  “The biggest recognition I've ever gotten is when my little girls call me 'Papa,'” he says.  “I have been very fortunate and blessed in my career, but nothing compares to my role of being the best father I can possibly be.”

Those little girls, NeJame explains, are being raised with a sense of civic responsibility at home.  “Since our children were born, I've whispered into their ears, 'to those whom much is given, much is expected.'  With 30 years of hard work, my wife and I have found ourselves in a wonderful position in life—and felt it was time to start a charity that benefitted other children.”  The NeJame’s charitable foundation, Runway to Hope, which works to help children with cancer, has been repeatedly voted Best Charity in Central Florida.  Runway to Hope has made three separate one million dollar pledges to the three children’s hospitals in Central Florida and expects 1,700 to attend this year’s May gala. This year’s event includes celebrities like Olympic gold medalist Gabby Douglas and actress Ashley Greene from the Twilight sagas. Many celebrities as diversified as Shaquille O’Neal, Larry King, Dan Rather, The Jonas Brothers, Katie Couric, Akon and Piers Morgan have also done promotional videos for their event.

In spite of the good fortune he has had, NeJame says that he faces many of the same challenges as any other criminal defense attorney.  “We seem to have a crime du jour,” he explains.  “One moment, it's crack cocaine, the next year, its domestic violence.  The challenges start when you think a case will be handled a certain way, but when it becomes the political genre of the year, then those arrested suffer the political consequences.” 

As he has gained prominence, NeJame says that he's been able to be more selective about his clients.  For him, that has meant being able to leave cases alone if they seem like they'll make his life worse.  “We recently turned down an offer to represent [George] Zimmerman,” he says, mentioning the man accused of killing teenager Trayvon Martin.  “As a matter of fact, we turned it down twice.”

Why ignore a case with such major media exposure?  Because for NeJame, some cases just aren't worth it, no matter how much publicity they might bring.  “I had just finished three major cases back to back, and taking a case like Zimmermancan suck the lifeblood from you—as a father and husband, I just chose not sacrifice my family.  I fall asleep at one or two o' clock most nights in front of the computer, doing work.  What we do is extremely demanding and stressful. The best interest of a client should always be paramount and not my pockets or the media exposure I may receive.  There will always other clients, cases and causes that will be in need of my help.”

To learn more about his practice, click here. 

The Violence Against Women Act was passed by both chambers of Congress, and its reauthorization was signed into law by President Obama earlier this month. This marks a milestone for the women’s rights movements and for victims of sexual and domestic violence all across the country. Since 1994, VAWA has changed the way our societydeal with domestic violence by changing the way the federal government responds, providing funding to essential programs and now, under the new version, provides new provisions for members of the LGBT community and Native American women.

(More on  News at LAWS.com, contact Adam for interviews “adama@laws.com”)

Domestic violence is prevalent in every state. In Massachusetts, for example, more than 33,000 women and children received help from a community based domestic violence program in 2005. In 2006, 28 were killed in domestic violence related incidents. Domestic Violence shelters in Massachusetts have been filled to capacity, and thousands who had sought refuge in one of the state shelters were turned away because of a lack of space.

Healing Abuse Working for Change (HAWC) has been providing free services to victims of domestic violence since 1978. HAWC provides its services to victims of domestic violence residing in 23 cities and towns across Massachusetts’ North Shore. HAWC provides several services and they include: individual advocacy, a 24-hour hotline, legal advocacy, an attorney program, community education, a shelter program, children’s services and hospital advocacy.

The following is an interview with Paula Gomez Stordy of HAWC on her opinion about the recent reauthorization of VAWA, and the work of HAWC in the fight against domestic violence.

In your opinion, what does the reauthorization of the Violence Against Women Act (VAWA) signify for the civil rights movement of women?

The reauthorization of VAWA was a victory.  It continues to advocate for the civil rights of women, Native American women and it expands protections to gay, lesbian, bisexual, and transgender victims of domestic violence, sexual assault, and stalking.  However, it was frightening to think that these protections that were put in place  in 1994, could have been decreased.  Countless, advocates and survivors across the country exercised their right and worked diligently for the reauthorization of VAWA.  We are grateful that both chambers of congress understood the impact of violence and passed the reauthorization.  In this day in age protections for the human rights of women should not be  at stake.

Do you think the new version of VAWA does enough to protect women against domestic violence?

Whenever, a law is passed it is necessary for the law to be implemented in all levels of government and society- federal, state, local.  Sexual assault and domestic violence programs across the country continue to be underfunded.  There is a great need of services.  Daily, we have to turn people away from our shelter because it is at capacity.  Education and prevention programs are essential for the safety of our community and sometimes programs have to decrease outreach and education when the direct service need is so urgent.

The new VAWA has historic provisions for Native Americans and members of the LGBT community. Do you think the law as passed represents a step in the right direction for both groups?

Absolutely.  The law was incomplete.  Victims of domestic violence, stalking, and sexual assault include LGBT people and Native American women. Sexual assault and domestic violence programs also must be inclusive to all victims of sexual and domestic violence.  For various reasons, it is difficult for survivors to reach out for help.  Therefore, when that happens every survivor should feel they are supported regardless of their gender, gender expression, or sexual orientation. .Everyone deserves a life free of violence.  

What has HAWC been able to achieve in terms of advancing the cause of domestic violence victims in the state of Massachusetts?

Founded in 1978, this year HAWC celebrates 35 years of providing free and confidential domestic violence services to residents of 23 cities and towns in the North Shore. HAWC has offices in Lynn, Salem, and Gloucester as well as advocates in the Beverly Police Department and North Shore Medical Center.

Its mission is to create social change by taking action against personal and societal patterns of violence and oppression. With an annual budget of 1.7 million, HAWC services include:

24 hour hotline 1 800 547-1649

Individual advocacy

Support groups

Legal Advocacy

On call Hospital and Police Response

Shelter

Parent/Child Trauma Recovery Services

Homicide Prevention Teams

Youth Violence Prevention Education

Community Education

This past fiscal year 2012 HAWC served over 3,000 adults and children experiencing abuse.

Do you believe Massachusetts has come far since the initial passage of VAWA in 1994?

I do.  I began working in the field of domestic violence in 1994 and since then we have been more inclusive about how we identify victims and survivors of domestic violence, sexual assault, and stalking.  We have more research about the lethality of abuse and impact of trauma.  We are more aware of cultural diversity.  One type of solution does not help all equally.  Survivors of abuse are diverse.  Therefore, responses and services should represent that diversity.

Our community as a whole is more educated about sexual and domestic violence and that’s exactly what needs to happen in order to decrease violence in our community. It’s everyone’s issue. This topic was once taboo.  I am grateful for the strength of survivors who had the courage to talk about their experiences.  Their experiences and the experiences of victims who lost their lives at the hands of a perpetrator have changed laws and society as a whole.   

If you are a victim of domestic violence in the state of Massachusetts, please contact HAWC for help. To learn more about domestic violence, please visit the Domestic Violence Page. 

Interviewed with Paula Stordy of Healing Abuse Working for Change (HAWC), Salem, Massachusetts

Montgomery, AL—Shortly after moving to Montgomery in the 1980s to work for the then-new Equal Justice Initiative, defense attorney BryanStevenson got to meet one of the biggest icons of the civil rights movement: Rosa Parks, the black activist who most famously was arrested for her protest of an unconstitutional Alabama law requiring black riders to sit in the back of buses when whites wanted a front seat.

“There were actually three amazing people there who were involved in the Montgomery bus boycott,” Stevenson recalled of the meeting in a recent interview with laws.com.  “One was Rosa Parks.  The other two, you may not know: Ms. Johnny Carr, who organized the Montgomery bus boycott, and Virginia Derr.  They invited me over to their house and they were all on the steps talking for about two hours, and finally, after a couple of hours, Ms. Parks turned to me and she said: 'Now, tell me, Bryan, what are you doing here in Alabama?”

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Stevenson told her about his plans for the Equal Justice Initiative—how he wanted an organization that could work to get innocent people off death row, end mass incarceration, and stop racial bias in the criminal justice system.  When he was done, he says, “Ms. Parks looked at me and shook her head, and said, 'mmmh, mmmh, mmmh, mmmh,' she said, 'That's going to make you tired, tired, tired.'  And Ms. Carr leaned forward, and she put her finger in my face, and she said, 'That's why you've got to be brave, brave, brave.”

“Brave, brave, brave” is exactly what Stevenson has been.  His remarkable life has taken him on a path from the “colored” elementary school in his rural Delaware town to Harvard Law School, to working in the Deep South to get innocent people off death row.  Today, he is known as one of the most dedicated and talented attorneys and legal scholars working on the issue of injustice and bias in the criminal justice system.

In this kind of highly politically charged work, Stevenson says emotions are an asset, not a liability.  “My emotions are a part of when I manage these cases,” he told laws.com.  “It's quite emotional for me, but what keeps me strong is knowing that they need me to be a strong advocate.  I have been successful in my career, and this is what has energized me and kept me motivated to continue.  EJI holds its offices in a historical space, with all the souls around it to remind me to keep an eye on the prize.  It keeps me honest.”

The historical space Stevenson refers to is a former whites-only school on Montgomery's Commerce Street, which was an infamous slave trading space before the Civil War.  Slave auctions were held not far from where Stevenson's office chair sits today—and Stevenson's work has drawn important parallels between America's contemporary system of mass incarceration and antebellum slavery.

Children are of special concern to Stevenson, who has rallied against the sentencing of children as adults and has worked to end the school-to-prison pipeline that has been imposed upon many young black men.  Stevenson's work with the EJI was instrumental in leading to the Supreme Court decision ending sentences of life imprisonment without parole for juveniles, which he describes as “an energizing and gratifying experience—there is still a lot of work to be done, but it is encouraging.  We are hopeful that we can continue to make progress.”

Stevenson has freed people from death row and from prison, and he knows his work is far from done, no matter how “tired, tired, tired” he gets.  To would-be attorneys wanting to make a difference, Stevenson gives this crucial piece of advice: “Make sure you can handle being uncomfortable, because you can't create justice without it.”

Houston, TX—While she knew from the time she started in law school that she wanted to be in the courtroom, criminal defense attorney Nicole DeBorde started where many aspiring criminal lawyers do: in the prosecutor's office.

“I worked as a prosecutor for several years, and at some point, I was not feeling as passionate about the work as a prosecutor, so I decided to go into private practice as a criminal defense attorney,” DeBorde told laws.com in a recent interview.  “I found that I really was passionate about criminal defense, so that's why I've stuck with it.  I enjoy it. I enjoy being in the courtroom and fighting for my clients.  Fighting for the underdog was where I knew I needed to be.” 

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Becoming a criminal defense attorney showed DeBorde a new side to the justice system.  “When I got into private practice, I learned that many times, the government does not have the whole story and they are operating only on part of the facts. Sometimes they are all together wrong.” 

DeBorde says will only take a case if she feels like she and the client can communicate effectively and she believes she might be able to help. That process begins with a free consultation.  “In the free consultation, we have the opportunity to talk about what the accusations are, we discuss what kind of crime they are accused of, what type of involvement they had, how complicated and long it's going to be to mount the proper defense.  After all this is discussed, if we find we are compatible and feel comfortable with one another, we move forward.  If we are not able to be compatible, then I refer them to someone else.” 

Plea deals are not always “deals” according to DeBorde. Lawyers should work with their clients to assess the risks and fully discuss the permanent consequences of accepting a plea.  While some defendants feel pressured to plead guilty to lesser charges in order to avoid long prison sentences, DeBorde says that clients who are willing to tolerate the risk should go to trial when wrongly accused: “If the client didn't do what the government is accusing them of doing and they take a plea deal, it will be on their record for the rest of their life.  These things aren't like financial problems that go away after a period of time.  If they apply for a job, even sign up for the PTA, these things will come up.  Many times, you can't afford to take a plea deal.” 

DeBorde says that she finds her career in criminal defense deeply rewarding.  “Every time you have someone sit down with you with a terrible and hopeless situation, and there is no one who believes them, you become their last hope.  They are laying all the facts out for you, and their life, heart and family is on the line, and when you can make the right thing happen, it's an wonderful feeling,” she says.  “I have to say that I am very fortunate that it happens to us at our law firm a lot.  Whether it is a DWI or a complex fraud case or a murder case, those accusations will not follow a client if we can succeed. Sometimes it is a matter of mitigating a bad situation; sometimes it is a matter of avoiding a conviction all together” 

More than most other kinds of law, DeBorde says that criminal defense law is great at inspiring passion in attorneys.  “It is something that is really easy to get passionate about and work hard at because you're a defendant's last hope. I like standing up for the guy no one else is willing to stand up for and I like winning for them.  It’s a great combination.”

Domestic violence organizations across the country have celebrated the recent reauthorization of the Violence Against Women Act (VAWA).  This new legislation is more powerful than the older version, because it both expands and creates new federal programs that help victims of sexual and domestic violence.  VAWA is responsible for establishing the National Domestic Violence Hotline, and for providing much needed funding to essential services programs for victims of sexual and domestic violence.

(More on  News at LAWS.com, contact Adam for interviews “adama@laws.com”)

South Asian women in the United States experience sexual and domestic violence at rates that are far higher than the national average. In a study conducted in the Greater Boston area, 160 married South Asian women were surveyed, and more than 40 percent reported being physically or sexually assaulted by their male partner in their lifetime. This compares to a national rate of 22 to 25 percent. Of those South Asian women reporting experiencing domestic violence, some 65 percent reported also experiencing sexual violence.

Manavi was established in 1985 as the country’s first organization to specifically address the needs of South Asian women victims of domestic violence. It is a New Jersey-based organization and its programs involve providing direct services to survivors of domestic violence, grassroots organizing within the South Asian community, and advocacy. Its name, Manavi, means “primal women” in the Sanskrit language. It is a secular organization and provides services to all women.

The following is an interview with (unsure of name) of Manavi on her thoughts and feelings about the recent reauthorization of VAWA, and the work of her organization in the realm of domestic violence.

In your opinion, what does the recent passage of the Violence Against Women Act (VAWA) signify for the women's rights movement?

The re-authorization of the Violence against Women Act (VAWA) was a triumph for all organizations that focus on ending violence against women such as Manavi.  VAWA goes some way in making a difference in one of the areas of women’s rights: violence against women that undermines her right to live safely and gain autonomy.

This iteration of the Act makes it possible for community based organizations as well as other state and governmental agencies to continue to provide critical and life-saving services to women affected by various forms of cruelty: such as domestic violence, sexual assault, trafficking, stalking etc. through the various streams of funding.   Manavi has been part of the grassroots movements that led to VAWA in 1994, working closely with many allies to obtain and collate information, draft portions of the initial legislation, and rally the necessary forces for passage of the Act.  Each and every reauthorization has been significant for the community we represent for creating access and benefits for women who would have had no other way to obtain safety and make a different life for themselves and their children.  Many of the immigration provisions, access to housing and public benefits, the Full Faith and Credit Provisions, LEP (Limited English Proficiency), provisions for LBGT (Lesbian, Bi-sexual, Gay and Transgender),  and funding enable Manavi to continue to work with women as well as allies in the state and the nation.

VAWA has also enabled Manavi to work closely with other South Asian Women’s organizations (SAWO’s).  Manavi hosts a biennial conference where members from all the SAWO’s gather to exchange ideas, debate critical issues, challenge each other and forge new pathways to working with many marginalized women within our communities.

For 29 years now, Manavi has worked towards empowerment, liberation and justice for South Asian women.  The passage of this iteration of VAWA recognizes the efforts of community based organizations to challenge norms and ideas that perpetuate the subjugation of women.  

Do you believe the new version of VAWA goes far enough to protect women against domestic violence?

In the evolution of VAWA, each iteration has provided more and more benefits for women in immigrant communities such as South Asian to overcome barriers.  These have included reaching out to law enforcement, accessing the courts for safety, obtaining immigration relief, and obtaining housing and public benefits.  Each of the iterations has also revealed what works and what does not work and where the work is for the future.   Many of the women who approach Manavi have been able to use the immigration provisions.  Some of the added provisions are helpful for many women who are undocumented such as protections for fiancées was an important advancement.    However, many of the women who are on H dependent visas are unable to forge an independent path.  While some use the U visa provisions, nevertheless, we still have to figure out what other avenues exist.

Additionally, many of the provisions for sexual assault and campus programs are essential in our communities.  Sexual violence remains a taboo subject in South Asian communities.  Along with the current events in many of the South Asian countries, there is impetus to raise the issue of sexual violence as evidenced by the many vigils and activities around the issue in our communities.  VAWA will allow us to do much work in the community on this issue, especially among the youth and those on college campuses.  

What are some of the unique circumstances of South Asian domestic violence victims?

There are several unique challenges faced by South Asian women, who are victims of violence.  

Language plays a big part in the lives of South Asian women.  It is a challenge for women when they attempt to access services or law enforcement, or the courts if they do not speak or understand English.  Interpreters for some of the languages and dialects are not readily available leading to many missed opportunities.   Unbiased professional interpreters in some of the languages are hard to come by and there is very little accountability.

Cultural reality is another challenge faced by South Asian women. Many women fear the repercussion of speaking out about the violence or attaining a restraining order or divorce within the community and their families.  There is a strong social stigma around a broken marriage and sexual violence, and for women to reach out for support and take a stand, is very difficult. Many in the systems and institutions may not understand the reluctance or the recantations and brokering cultural exchange is an important service provided by Manavi so that other players can understand where the women are coming from and the reluctance that shapes specific behaviors.

Immigration status is also a challenge for South Asian women. Many women are on a visa status dependant on their spouse. Many of these visas have restrictions such as not being able to drive, work, or have a social security card. This isolates them in many ways and also forces them to be subject to their spouse’s control and abuse.  For the women who have children born in the US, the option to leave the marriage is not an easy one because of custody concerns.  Understanding the provisions of the laws in the US vs. the South Asian laws and its impact on families and relationships is critical for women to make decisions that are empowering in the end.

What has your organization been able to achieve in terms of advancing the cause of South Asian domestic violence victims?

On a day to day basis, Manavi provides several options for the women who call us. We provide peer-supportive counseling that is language specific, culturally specific and recognize that women may have newly emigrated from South Asia may be unaware of their rights. We are able to walk them through their rights and the risks of all the possible options available so that they can make decisions that are best suited to their circumstances.   We also hold support groups and provide a safe space for women to talk about what they have been through and gain emotional support from their peers.

Manavi provides a safe home called Ashiana, which is in an undisclosed location, where women can get their bearings and make informed decisions about their lives. Manavi provides free legal clinics, legal referrals, and court accompaniments to help the women feel supported throughout the difficult process of using the legal system.

Through our outreach and education program, we raise awareness about the various forms of violence against women in our communities and provide information and resources.  We work closely with our allies in the domestic and sexual violence movements and provide trainings to them as well as law enforcement and court staff on how to better work with South Asian women.

Manavi has been at the forefront of the movement to end violence against women as the first South Asian women’s organization founded in 1985.  Working and challenging our allies locally and nationally we have provided innovative ideas and cutting edge work in our 29 years.  This has been helped by our continued involvement with many of our sister organizations in South Asia.

Do you believe the South Asian community in the United States has come a long way since the initial passage of VAWA in 1994?

We do believe that since the initial passage of VAWA, the South Asian community has made remarkable progress.  Even in the early years, many of the community members supported our work since we never wanted funding to dictate what needed to be done in the community.  Many segment of the community struggled with us and many did not. But clearly a lot still needs to be done. Violence against women is still a big issue in the South Asian community and although people are more open to talking about it, there are still many barriers that women face. Some of the newer provisions on sexual violence and campus grants will help us move into new areas of work with the support of our communities.

If you are in a domestic violence situation, please contact Manavi for help. For more information on domestic violence, please visit the Domestic Violence Page. 

Greenwich, CT—Legal analyst, author and criminal defense attorney Mickey Sherman says that one of the biggest challenges facing criminal defendants today is a matter of public perception.

“The public view is that everyone must be guilty if they got arrested,” Sherman told laws.com in a recent interview.  “Also, we now have the 'CSI factor.'  All these crime solving or forensic investigation television shows affect the public perception of what crime is, though that probably hurts the prosecutors more than the defendants.”

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Sherman is no stranger to television himself.  In fact, a case in which he was defense counsel was the first trial to be broadcast in its entirety on then-fledgling Court TV.  He has provided commentary over the years for high profile trial coverage, including the O.J. Simpson trial, and worked with CBS's Early Show as a legal analyst for four years.

Commentary, Sherman explains, is an art—and not one that all attorneys are naturals at.  “You'd be surprised at how many intelligent lawyers are not good commentators, or get insulted when Nancy Grace cuts them off,” he says.  “It's just part of the show.  Another problem I have noticed is that when some attorneys get in front of the camera, they can't contain a thought or an answer in the short time they are given.  Just because you are great in court does not mean you're great for TV.”

His secret to television success?  “Although I take my job as a legal analyst seriously, I don't take being in front of the cameras too seriously.”

Over the years, Sherman has defended a number of controversial clients.  Those cases led to him hearing the same question so often that he decided to write a book using it as the title: “How Could You Defend Those People?”  He says: “I could be walking in a Dunkin' Donuts, or attend an exclusive cocktail party, and people always asked me, 'Hey, Mr. Sherman, how could you defend those people?'  I could be giving a speech at a prestigious legal organization or just walk down the street and people always ask me that question.  The book is more like a backstage pass to the criminal justice system and my career.”

Sherman's career as an attorney led his son Mark to pursue a career in law as well.  When advising him, Sherman says his advice was to “spend more time listening to clients, and never pre-judge anyone.  We are not in the business of judging people.  Both sides sometimes want to win so much that they cut corners.  My best advice would be not to cut corners.”

Today, Sherman is running his own firm in Connecticut, and says that when deciding whether to take a case to trial, “Each case is different.  You listen to your client and learn the facts.”

Not all attorneys are willing to take cases to the courtroom, says Sherman, which often stems less from the case itself and more from an attorney's insecurities.  “So many lawyers don't want to or are afraid to go to trial.  They are afraid of the unknown.  To me, the spontaneity is one of the best parts of being a criminal defense lawyer—an adrenaline rush occurs when I am in the courtroom.”

New York, NY—For Todd Spodek, the seeds of a successful career in law were sown during childhood.  “As a child working for my father’s law firm,” Spodek recalled in a recent interview with laws.com, “I was intrigued by the courts and the criminal trial process.  I knew early on that I wanted to try criminal cases.”

Instead of jumping right into private criminal defense, though, Spodek decided to start out on the other side of the justice system.  “I wanted a more well-rounded background in the criminal justice process, so I majored in criminal justice in college, and after college worked at a large law firm doing investigations and prepping mutli-defendant cases for trial. I focused my time at law school on trial practice and once I graduated – on trying and winning as many jury trials as I could.”

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Spodek says that his first “big” case came when he represented a woman who had been charged with assault in Brooklyn.  “This woman was bullied every day by a local gang,” he explains.  “One day she was attacked, and she fought back, causing devastating injuries to the aggressors  We made the case for self defense, which is an affirmative defense, at trial—and obtained a full acquittal.”

The case taught Spodek that “in order to win trials, you need to outwork everyone else.  You need to understand the facts and circumstances of the case from your client’s point of view.”

Changes in technology have meant significant changes to the types of evidence that are brought in at trials, and Spodek says that people involved in criminal cases need to be aware of these changes.  “I think that both criminal defendants and criminal defense attorneys need to realize that more and more social media and cellular phone triangulation evidence is being introduced at trial and used to obtain convictions,” he says.  “Defense attorneys need to understand how social media networks work, how IP addresses work, and how different cell phone technology works.”

This understanding can make a big difference to how a case turns out, in Spodek’s experience.  In one recent murder trial, he says, “the District Attorney attempted to place my client at certain locations both before the crime and after.  On cross examination, I was able to successfully show that cell sites are inherently unreliable.  Even if your cell phone is pinging off a certain tower, it doesn’t mean you were in an exact location.” Spodek’s client was acquitted of murder.

Deciding whether to go to trial or not can be a tricky proposition for any criminal defense attorney, and Spodek says that he considers a long list of factors before deciding whether to accept a plea deal.  “Trial is all about exposure,” he explains.  “If you go down at trial, what is your exposure?  How does that compare to a potential deal?  Do I think we can win?  Do I think we can win on the top counts?  Can you get probation, or is it mandatory jail or prison time?  Can there be consecutive or concurrent time?”

Only after considering all these factors does Spodek decide how to advise his clients.  As for how he picks those clients, he says that those choices are much more simple: “I look for cases that I think I can win—big or small.”

For attorneys interested in criminal defense, Spodek has a key piece of advice.  “Be a straight shooter with clients, district attorneys, and judges,” he says.  “People will respect you for it, and your reputation is worth protecting.”

Todd Spodek

San Francisco, CA—While some lawyers clamor for cases that put them in the spotlight, for criminal defense attorney Nanci Clarence, pride in her work comes from other sources.  “The cases that I am the most proud to have handled are cases that no one has ever heard of,” she told laws.com in a recent interview.  “Making a case disappear is the greatest outcome for any client.”

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As a teenager, Clarence worked for a law firm as a courtroom runner, and would often be asked to file papers with the Superior Court.  “Whenever I was at the courthouse,” she says, “I would pop into a courtroom to watch the lawyers, and it struck me that the public defenders had the most noble and interesting job.  They were representing the 'little guy' in cases dealing with the most important part of life—freedom.  This made a lasting impression on me.”

Clarence says that she knew criminal defense was right for her from the moment she finished her first case: “My first trial as a public defender was representing a 75 year old man who was facing his 75^th arrest, and we beat the case.  It was not exactly a big case, but the joy of walking that gentleman out of court coursed through my veins and there was no turning back!”

As Clarence's talents for criminal defense made themselves apparent, she was able to take bigger and bigger cases.  Her first major case, complete with daily press coverage, was defending financier William Oldenburg against fraud charges stemming from a savings and loan case.  In that case, she learned a critical lesson.

“We prepared a full defense with scores of fact witnesses and experts, but after the government rested, I realized that our best move was to rest without putting on a single witness,”Clarence recalls.  “Even though we had things to say, the government had failed to prove its case.”

The seemingly risky move paid off—first with a hung jury, and then with the government dismissing the case against her client.  “There are lots of ways of winning,” Clarence says, “and learning to put the ego and the case on the shelf was an important lesson learned.”

Recent trends in criminal law are worrisome for both criminal defendants and their attorneys, according to Clarence.  “The playing field was never really level, but the power of the government has increased exponentially in the time I've been a criminal defense lawyer.”

The difficulties for defendants can be extreme in today's court system, she says.  “Mandatory minimum sentences, sentencing guidelines and a disappearing 4^th Amendment ratchet the system and cause criminal defendants to settle cases that should really go to trial.”

Clarence says that in her experience, even when the evidence is against a client, they shouldn't always take a plea deal.  “There are plenty of cases that should go to trial, even when the evidence is strong, because the case has been over-charged, the client's role is overstated by the charges, or the consequences of a plea are too devastating.”  

After years of experience, Clarence knows that taking even what seems like a hopeless case to trial can be advantageous: “With prosecutors offering deals that strictly adhere to sentencing guidelines, it is not uncommon to take the case to trial and beat the settlement offer at the sentencing.  So long as you have tried a good and honest case, most judges will not punish a defendant for taking a case to trial, and that is the way it should be.”

Washington, D.C.—It would be hard to imagine a more illustrious career in criminal defense law than that of 83 year old Plato Cacheris.  Cacheris, a son of Greek immigrants who originally hoped to be ambassador to Greece, has instead spent a lifetime representing clients ranging from Attorney General John Mitchell, accused in the Nixon-era Watergate corruption scandal, to notorious presidential intern and mistress Monica Lewinsky.  In between, he's been involved in defending figures accused of involvement in Iran-Contra and international espionage.

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While his career was made in high-profile defense cases, after graduating from Georgetown University Law Center, Cacheris started at the other counsel table.  “I spent eight years working as a prosecutor,” he told laws.com in a recent interview.  “In 1965, I decided to pursue a career in private practice.”  

Cacheris says that anyone considering criminal defense as a career option should consider starting the same way he did: “The best advice I can give to a law student is to become a prosecutor.  The next big step would be to become a defense attorney, but be sure you know your stuff pretty well before making this step.”

Sentencing guidelines have been a consistent challenge for Cacheris, as well as other defenders who often represent clients in federal court cases.  In a 2000 interview with The Washington Lawyer, Cacheris called federal sentencing guidelines “an abomination.  They have taken advocacy out of the sentencing process in criminal cases and replaced it with a rigid grid.  The human element and discretion has been completely removed.  I think that's wrong, and it doesn't produce justice.”

For criminal defense attorneys in the legal world today, Cacheris told laws.com, “the biggest challenge we face are the sentencing guidelines, which is still a problem we face today,” decades after they were enacted.  In his interview with The Washington Lawyer, Cacheris said: “[The guidelines] have had a chilling impact.  Few clients want to risk going to trial anymore.  In drug cases the sentences are draconian.  There is also a big risk in white collar cases … that creates a heavy incentive to cut a deal, if you can do so.”

Today, with sentences so severe, he told laws.com, “a plea deal seems to be less of a risk.  Depending on the evidence determines whether I go to trial or not.”

While not all of Cacheris's clients have been famous, he has represented a number of people whose legal cases have been complicated by aggressive media coverage: “The biggest difference between high profile criminal defendants and those out of the limelight,” he says, “is that the press is hounding you constantly.  One has to be careful with what you say to the press.”

Today, Cacheris is a member of Trout Cacheris, PLLC, a major player in Washington D.C. in both criminal and civil litigation.  While retirement might be on the horizon for most octogenarian lawyers—or something they've been enjoying for years—Cacheris has told interviewers that he plans to continue working as an attorney for as long as the phone keeps ringing and clients keep coming through the door.