New York, NY—While some people only realize they want to be part of the criminal law world once they're already in law school, trial has been in defense attorney Matthew Galluzzo's blood for much longer.

“I can remember as a fifth grader organizing a criminal trial for a classmate who had committed some perceived infraction on the playground,” he told laws.com in a recent interview.  “I assumed the role of prosecutor, grabbed a witness, and drafted a couple other kids to be the judge and the defense attorney.”

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Galluzzo's first foray into the world of criminal law didn't work out: “Unfortunately, my trial lasted about two minutes before the other kids got confused and distracted and ran off.  But I think back to that vivid memory and laugh—maybe I was born to be a criminal lawyer?  To be sure, I always loved the drama of the courtroom.”

After holding a job at the Manhattan District Attorney's office after graduation, Galluzzo started his own firm with a partner.  “My first 'big case' was my first trial as a defense attorney,” he explains.  “I was representing a man accused of robbery, and his criminal record was so significant that he was facing a potential life sentence on conviction.”

Instead of serving life, the man served just two years—“My client wept tears of joy, and I felt a unique combination of joy, relief, and exhaustion.  It was my first trial as a defense attorney, but it still remains one of the real highlights of my professional career.”  He and the client remain friends to this day, corresponding with letters and having lunch together from time to time.

Today, criminal defendants face a major challenge due to the underfunding of public defense attorneys, according to Galluzzo.  “Their work is undervalued and their agencies are simply underfunded,” he says.  “To me, the criminal justice system would be much more fair if we hired more qualified public defenders and paid them better.”

Galluzzo offers a unique piece of advice for would-be criminal defense attorneys.  “I speak and write French fluently, and it has proven to be an enormous advantage to me in terms of winning clients,” he says.  “I think foreign language skills are seriously underappreciated in this business, and I highly recommend that anyone interested in becoming a criminal defense attorney either develop skills in a second language or improve upon existing ones.”

In his firm, Galluzzo says that he chooses to represent clients based on more than just the bottom line.  “Though I can't afford to only represent people who can't pay reasonable retainers, I'd honestly rather represent a reliable and level headed client without much money than defend an obnoxious and irrational client with a lot of money.”

When trying to decide whether to go to trial, Galluzzo says that it's his opinion that innocent people should never take a plea deal, regardless of the circumstances.  “Otherwise, I think it can be a good idea to go to trial if the defendant has a reasonable chance of winning, or if the defendant does not have too much to lose.”

The secret of happy attorneys, according to Galluzzo, is getting great partners.  The two other attorneys at Galluzzo's firm, he says, “give me tremendous confidence in our work.  We really enjoy each other's company, and I consider themselves to be my brothers at this point.  Also, we bring different skills and perspectives to the table, and that gives our firm an unusual amount of flexibility and versatility.  I feel very fortunate to be part of such a great team, and I know that I would not be as happy or as successful as a solo practitioner.”

Matthew Galluzzo is an aggressive and accomplished litigator who cares deeply about his clients. He has experience representing high-profile clients in high-stakes matters and gets outstanding results under pressure. His clients often rave about him and routinely refer their friends and loved ones to him. He specializes primarily in criminal defense, appeals, civil rights, and civil litigation. To learn more about this reputable New York Criminal Defense Attorney and his practice.

Galluzzo & Johnson LLP is located in the historic Bank of New York Building at 48 Wall Street in the heart of the financial district in downtown Manhattan.  To learn more about him, visit www.gjllp.com/

Waukesha, WI—Anthony Cotton first realized that he wanted to become a criminal defense attorney while working thousands of miles from home.

“It happened when I was working in East Africa investigating war crimes,” he told laws.com in a recent interview.  I realized how powerful the state could be when prosecuting someone for a crime.  In the United States, there is more of an impact when the government is prosecuting someone for a crime.”

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Cotton says that criminal defense is in his blood: “Both my mother and stepfather practice criminal law.  I grew up witnessing how injustice could happen and how innocent people can be prosecuted.  I practice criminal law for the right reasons, to defend those wrongly accused of a crime.”

Defendants in the United States, according to Cotton, face major obstacles that are largely economic and financial in nature.  “Their biggest challenge is to make sure there is sufficient funding available to hire a defense attorney,” he says.  “Today, there is a lack of funding at the state and federal level to provide those accused of a crime with a proper defense.  This causes defendants to face delays in their cases.”

Starting out as a criminal defense attorney isn't easy, says Cotton.  “Any law student who wants to practice criminal law has to be prepared to work 100 hours a week.  Be prepared to have a very limited social life during the formative years of your practice.  In the beginning, you're earning a very small amount of money and working long hours.  Sometimes you have to go see clients in jail and be available 24 hours a day.  Crime doesn't take a break!”

Justice matters to Cotton, who says that he'll sometimes reduce his fees significantly for clients accused of disorderly conduct.  “I take a lot of cases for people who are charged with disorderly conduct because of things they may have said.  To me, it's wrong to charge someone based on the content of their speech, because they are entitled to exercise their right to freedom of speech.”

To Cotton, the most rewarding experience as a criminal defense attorney is successfully getting an acquittal, especially for a high profile case.  “Just recently,” he says, “I resolved a case that lasted 3 years, for a man who was falsely accused of animal abuse and sexual assault.  We were able to clear him of all charges, with no criminal conviction.  It was extremely rewarding, because my client was unfairly prosecuted based on weak evidence.”

The vast majority of cases today end with plea deals, not trials, and Cotton understands why.  “Nine times out of ten, the prosecution has more resources than the defense,” he says.  “Lack of financial resources can be another reason why a defendant may choose to accept a plea deal.”

Additionally, according to Cotton, some defendants simply feel overwhelmed by the charges.  “Today, there are myriad crimes a prosecutor can charge someone with—and it makes it extremely risky to go to trial.  Defendants feel hopeless at times.”

However, Cotton says that this is all the more reason to make sure that if someone is charged with a crime, they find the right lawyer: “The best attorneys I know,” he says, “do not believe there is a hopeless case.”

Boston, MA—After struggling through his first year of law school, criminal defense attorney David Yannetti remembers questioning whether he wanted to be a lawyer at all.  In his second year, however, everything changed—leading to a career in which he'd end up being named one of America's best lawyers by U.S. News and World Report.

“I entered and won my school's mock trial competition,” he explained in a recent interview with laws.com.  “I became enamored with the action of the courtroom.  I was then accepted for a summer intern position at the district attorney's office and tried cases there as a student.  I knew then that criminal law was my future.”

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During his first ten years in the courtroom, Yannetti practiced as a prosecutor—a role he says has prepared him for the many years he's spent as a criminal defense attorney since.  During one prominent early case in his prosecuting days, he recalls, “I received approval to hire forensic experts, to purchase elaborate chalks for courtroom demonstrations, and to travel from Boston to California to interview potential witnesses.  I was limited only by my own creativity and imagination.”

This, he says, should impart a lesson to criminal defense attorneys: “The state has a lot of resources to put into these prosecutions, so we have to work doubly hard to defend cases.”

Yannetti has defended a number of high-profile cases, including some broadcast live on Court TV and New England Cable News.  He has also appeared as a legal analyst on major news networks including CNN and Fox News, and says that his proudest moment as an attorney was overturning a conviction of a mentally handicapped man who had been wrongfully convicted and imprisoned for 16 years.  “The case was sent back for a retrial.  I then achieved a 'not guilty' verdict, and my client went home to his mother,” Yannetti recalls.  “There aren't too many professions in which you can make that much of a difference in someone else's life.”

The last 13 years have changed the criminal defense world significantly, according to Yannetti.  “The internet, smartphones, and instant access to information have hindered our quest to enforce the presumption of innocence in the courtroom,” he explains.  “Jurors are not supposed to do any independent research on the cases they are deciding, but I am firmly convinced that the temptation is too great.”

Yannetti told laws.com that attorneys who are getting started out in the criminal defense profession should not be afraid to take risks.  “Do not shy away from trials or evidentiary motion hearings,” he cautions.  “We all make mistakes when we're cutting our teeth as trial lawyers.  The upside to our mistakes is that they usually turn out to be our most effective learning tool.  The biggest rookie mistake to avoid is being trial-shy—you cannot be afraid to fail!”

While many attorneys encourage clients to take a plea bargain or go to trial, Yannetti says that it's important for lawyers to disclose and listen, rather than pushing their clients into one choice or the other.  “The decision about whether to take a case to trial or to take a plea deal is the client's—and the client's alone,” he says.  “A defense lawyer's job is to properly advise his client of the possible risks and rewards of a trial, and to present the plea options to the client.”

New York, NY—As one of the best defense attorneys in New York City, Glenn A. Garber doesn't just take cases that will win him accolades.  Instead, he often finds himself representing people accused of high-profile, shocking crimes.

“In the early 90s, I represented a Japanese national named Yu Kikamura who was convicted of attempting one of the first terrorist acts on American soil,” Garber told laws.com in a recent interview.  “My work focused on a post-conviction attack, which included a claim supported by a Department of Justice study that the FBI had fabricated evidence against my client.”

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The case, he says, taught him an important lesson.  “I learned that the criminal justice system has a high tolerance for government misconduct when the criminal defendant is unpopular or accused of a heinous crime.”  Garber also represented Mahmoud Abouhalima, the man convicted of the first World Trade Center attack in 1993.

Garber got his start working for the Legal Aid Society after law school graduation.  “I took great pride in helping indigent criminal defendants seek justice in a hostile environment that only pays lip service to the constitutional rights of the accused,” he says.  “I never looked back.  Whether my clients are indigent or not, I believe there is no greater calling than championing the rights of the accused.”

Today, to continue his work with indigent defendants, Garber runs a not for profit organization called the Exoneration Initiative.  The Exoneration Initiative has been responsible for freeing innocent people from prison who had been accused of crimes like murder and rape.

While DNA evidence is often used to exonerate prisoners, Garber believes that many more innocent people are behind bars who have no such evidence to rely on.  “Even though DNA exists in less than 10 percent of criminal cases,” he says, “it is difficult for courts to accept non-DNA claims of innocence, especially in the post-conviction setting.”

What courts should do, according to Garber, is “apply the lessons from the DNA exonerations to the non-DNA cases.  This starts with a cultural change—a willingness to take a second look at cases on the merits, instead of summarily casting them aside on procedural grounds.”  This is critical to people convicted of offenses, who generally can only appeal their convictions if there was a procedural error at trial, rather than when new exculpatory evidence comes to light.

The Exoneration Initiative has taken on major government players when trying to exonerate wrongly convicted people, including the NYPD.  “We recently won an Article 78 proceeding against the police department in a complex FOIL litigation,” Garber says.  “The case involves suppressed exculpatory evidence that can free a man who has been incarcerated for 18 years for a murder we believe he did not commit.  NYPD is appealing, and we are still fighting for release of the evidence.”

Garber currently divides his time between his private practice and the pro bono work of the Exoneration Initiative.  While defending some of society's least-loved people can be a difficult and demanding job, Garber says there's nothing he'd rather do.  “Justice is the exception, not the rule—and it is only achieved if you fight for it.” To learn more about Glenn Garber and his practice please visit: https://www.glenngarber.com/

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.

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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.”

Washington, DC—Named as a 2012 “Super Lawyer” by the Washington Post, Cary Feldman has been working as an attorney for 38 years.  He has been in private practice around stints as an Assistant U.S. Attorney and as the Deputy Independent Counsel for the investigation of Bruce Babbitt, former U.S. Secretary of the Interior. Today, Feldman specializes in white collar criminal defense, working since 2002 as a partner at Feldesman Tucker Leifer Fidell.

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Feldman thinks that the biggest case he was ever assigned may well have been his first. “I was working on the Watergate case representing the former Attorney General of the United States, John Mitchell.  I did extensive work on that case, where I was exposed to a lot,” he said in a recent interview with laws.com. “One lesson I learned from that case was not to be surprised when judges don't decide issues as they otherwise might when a case is under the public eye.”

Not all clients are equally easy to represent, Feldman says. “I use three measurements to assess my clients,” he told laws.com, “which I've borrowed from the legendary Edward Bennett Williams, one of the earliest and foremost white collar criminal defense attorneys and founder of the law firm of Williams & Connolly. The first rule is that a client should truthfully tell me everything there is to know about his or her case; second, a client should follow my advice and counsel; and third, the client should pay my bill.”

Bad clients, according to Feldman, “will usually follow none or just one of these rules, and the best clients follow all of the rules.” Feldman's prestige as a criminal defense attorney has brought high profile clients, who can sometimes be a handful for even a seasoned attorney. “Celebrities must be reminded of these guidelines–particularly to follow my advice and counsel– because they are used to calling the shots and doing things their way.”

As a criminal defense attorney, Feldman says that his greatest challenge came after the implementation of  federal sentencing guidelines that resulted in lengthier sentences in white collar cases, and consequently greater pressure to avoid prosecutions or minimize the length of sentences through plea agreements. “When these guidelines came along, I felt it was a terrible public policy decision. It changed the way things were done. The risks of going to trial became so great, and I had to place greater emphasis on reducing those risks, which often meant avoiding going down the road to trial.”

Feldman says that professionally, he is always looking to go to trial, but today trials are rare for his clients. “It's not a good idea to try a case unless it is triable, although sometimes the defendant has no choice but to go to trial.” In the rare event that a case does go to trial, “the defendant must be prepared not just financially, but emotionally as well.”

After a long career in law, Feldman says he's still not too busy to help future attorneys—for him, it's just a matter of paying it forward. In fact, he says that his inspiration to become a criminal defense attorney came all the way back to early in his first year of law school, when two lawyers from the Public Defender Service for the District of Columbia spoke to his class and recruited him as a student investigator. “If a student or anyone interested in pursuing a career in criminal defense approaches me, I always find the time to talk to him or her, because when I needed guidance and advice as a student, other attorneys were there to help me.”

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.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

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.”