San Francisco, CA—One of the top 30 trial lawyers in the United States, James Brosnahan first realized he wanted to practice criminal law before he even went to law school.

Once he graduated, he was plunged directly into the deep end.  “My very first trial was a first degree murder case,” Brosnahan recalled in a recent interview with laws.com.  “Of course, at that time, it was a very big case for me.  It was in the Pima reservation, south of Phoenix.”

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

Brosnahan has been practicing law for over 50 years, most recently at Morrison & Foerster, recently named 2013 Law Firm of the Year by Chambers Global.  In half a century of practicing law, the situation has changed substantially for criminal defendants.

“Today, it is extremely difficult for criminal defense lawyers to practice law, because of the federal sentencing guidelines,” he explains.  “They basically convert humans into mathematical statistics.”

These sentencing guidelines have led to an increase in plea agreements.  Making the decision to plea bargain or go to trial is rarely an easy one, according to Brosnahan.  “Before going to trial or taking a plea deal, I always analyze the future of my client.  What is this plea deal going to do for my client's future?  What is it that I can do to benefit my client's future?  And—most importantly—what does the client want to do?”

After representing clients in a number of high profile cases, Brosnahan has his pick of cases today, specializing in over 25 areas of practice.  “I choose cases if there is an interesting issue in the case,” he says.  “What really gets me going is if the government has overreached, and they oftentimes do.  I like to resist that, and find out how to do things within the rules, because they're hardly ever what the government thinks they are.  Many times, the defendant is not guilty of what they were charged with.”

Brosnahan believes that it's hard to overestimate the role of individual jurors and jury selection during trial.  “I don't think I knew enough human psychology when I first started, and I did not comprehend the real dynamics of jury deliberations,” he says.  “I thought early on that the outcome of the case was all based on my performance, but it turned out that the jury plays a much bigger role than I thought.”

Taking high profile, difficult cases, including for defendants like John Walker Lindh, has led to media attention—and the press can be tough to deal with.  “What I have learned from working on these high-profiled cases is to not let the spotlight change or influence the integrity of my work.”  While it can be tempting to talk to the press, Brosnahan cautions younger attorneys: “The only audience that matters is the judge and the jury, so a lot of attorneys have to be extremely careful not to let the media bully them around.”

When getting started in criminal defense, Brosnahan says that it's critical to know how you appear and sound in court.  “Practice your delivery as much as possible.  Public speaking is essential in this practice, so you must find as many opportunities to speak to a large audience as possible.  It also doesn't hurt to read a few biographies of notable criminal defense attorneys to have a better understanding of the practice.  What has worked for me—and what I highly recommend—is to talk to criminal defense attorneys who have the time and patience to answer questions.”

Morrison & Foerster strives to be an extremely well-balanced law firm, providing a broad range of services. With more than 1,000 lawyers in 16 offices in key technology and financial centers in the United States, Europe and Asia, their clients include some of the largest financial institutions, investment banks, and Fortune 100, technology and life science companies. To learn more about James Brosnahan and his practice, click here.

Part 2 of the Article

Animal cruelty is appalling in and of itself. From dogs being made to fight to the death, to kittens being abandoned on highways, all forms of animal cruelty are repulsive and, rightly, are a crime in all states.

However, one form of animal cruelty that has recently regained the public’s attention is a true testament to how base the human condition can sometimes be. The form of animal cruelty being referenced here are “Animal Crush” videos. “Animal Crush” videos are videos where animals are being crushed to death, or even disemboweled with a knife, usually by a woman, for the sake of the sexual gratification of, usually, a male audience.

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

Those who are shocked by the idea of such a practice must be asking themselves whether there is any law against it. There is.

President Obama signed into law the Animal Crush Video Prohibition Act in 2010. The bill made it a federal crime for anyone to create an animal crush video and prohibits the sale, distribution, marketing or exchange of such videos in interstate or foreign commerce. This act replaced Public Law No: 106 – 152, which prohibited the knowing sale, creation or possession of depictions of cruelty to animals with the intention of placing such depiction in foreign or interstate commerce. This statute was deemed unconstitutional by the United States Supreme Court in United States vs. Stevens for violating the First Amendment Right of freedom of speech because it was too vague and broad. Its successor, The Animal Crush Video Prohibition Act, aimed to avoid being too broad in its language by specifically banning the depictions of animals being crushed for the sake of satisfying a sexual fetish.

For animal lovers everywhere, and, truly, for anyone with even an ounce of humanity in them, the fact that there was a law against this was great news. However, no prosecution had come under this 2010 statute. Until now.

In July of 2012 someone stumbled upon an 8 minute video of a woman calling herself Cruel Meshalette mutilating and disemboweling a small cat she had duct-taped to the floor while clad in short-shorts, heels and a bra. They then send it to the organization People for the Ethical Treatment of Animals (PETA).  PETA forwards the video to the Animal Beta Project, a dynamic yet loose affiliation of animal rights activists and online detectives who have a great track record of identifying assailants and their location in animal cruelty videos they find on the web. Within 48 hours, the ABP is able to identify the woman in the video as Ashley Nicole Richards and her exact address in Houston, Texas.

This information is then sent back to PETA, who get in touch with the Houston Police Department. The Houston Police then arrive at Richards residence in west Houston, arrest her and her roommate, Brent Wayne Justice, 51, who they believe was the cameraman filming the unspeakable act. Their computer is seized, and the cops uncover more animal crush videos from it.

Initially, Harris County District Attorney Belinda Smith presses animal cruelty charges. However, the US Attorney’s office gets involved and wants to prosecute the defendants under the crush video bill. Harris County drops the animal cruelty charges and hands over the couple to the feds. Richards and Justice become the first two people in the nation’s history to be tried under the animal crush bill. They are charged with five counts under the bill and with two separate counts of obscenity. The five counts under the animal crush bill alone carried a maximum of 45 years in prison.

US District Court Judge Sim Lake, unfortunately, did not see eye to eye with federal prosecutors, and  struck down the animal crush video counts, arguing that the law was far too broad and violated the First Amendment.

The story continues, however, as federal prosecutors have last month filed a notice of appeal on the five counts that were tossed by Judge Sim Lake. They did drop the two obscenity counts and the DA’s office has re-filed the animal cruelty charges against Richards and Justice.

This truly is a fascinating case, and it is likely that most of those reading this article will be shocked that the law has been challenged on First Amendment, freedom of speech grounds.

In an effort to look behind the facts, laws.com has conducted two interviews that will give its readers meaningful insights into this case.

The first interview is with the Animal Beta Project (ABP), the group who helped bring these two individuals to justice in the first place. They talk to laws.com about the case, what they plan on doing to make sure justice is served, and their work in the realm of bringing those invovled in animal cruelty to justice.

The second interview is with attorney Herald Price Fahringer, an authority on the First Amendment. Through this interview, he informs the public of their legal options of moving this case along and his opinion on whether the animal crush bill does indeed violate the First Amendment.

Part I: The Animal Beta Project Weighs in on the Animal Crush Case

How do you feel about the district judge’s decision to dismiss the five charges against the defendants under the Animal Crush Video Prohibition Act of 2010?

The Judge’s decision was a surprise, but we understood the validity of the case and law would be questioned based on the previous United States v. Stevens case. We thought the Federal case would at least be taken in front of a jury to decide and then later appealed, but never that the presiding Judge would drop the majority of charges prior to trial.

These crush videos are deplorable and depict the most heinous form of cruelty. We doubt anyone could view one of the accused videos and think “Yes, this is a form of speech, and should be protected by the 1^st amendment.”

When the Animal Crush Video Prohibition Act of 2010 was written, it focused specifically on these crush videos to make the production and distribution of them a federal violation. We understand their crush videos may only meet 2 of the 3 prongs of the Miller test to determine obscenity. But if the market for these crush videos is not dried up, then there will other people willing to take their place and kill more animals in order to make a profit.

The US attorney’s office of Southern Texas has said prosecutors are now considering other legal options in response to the judge’s decision. Are you optimistic that they will take further action?

Very optimistic! We have full faith in the US Attorney's office and support their efforts in filing a successful appeal. We respect the Judge's opinion and decision, but hope it will be reversed under appeal and the Federal case tried in front of a jury.

This case is important due to the fact it is the first case ever to be prosecuted under the Federal law. The public needs to understand there is a demand for these types of fetish videos, and they are for the sole purpose of sexual gratification to the viewer. Our opinion is these crush videos offer no redeeming value to society and need to be stopped. We hope the Solicitor General makes a decision soon to appeal!

If the US attorney’s office does not take further legal action, what would be the next step for the Animal Beta Project?

Regardless of the US Attorney's decision on this case, ABP will continue to work on animal cases in order to prevent further harm. Our goal has been to provide information to the authorities on individuals responsible for such acts.

The Houston case highlights the demand for videos showing such violent acts against living creatures for one's own personal satisfaction. It’s unfortunate that individuals get such satisfaction of out seeing others suffer.  If these people think the internet is a safe haven to discuss and distribute videos of animal cruelty, then they will be quite surprised when there is a knock at their door from local authorities.

What are some of the accomplishments of the Animal Beta Project in the realm of exposing cruelty to animals?

We focus on cruelty cases that are posted on the internet be it pictures or video. We understand the authorities don’t always have the time and resources available to investigate animal cruelty cases, so we try to assist where possible by doing the research and providing the relevant information to them.

In December of 2010, we came together when we were investigating the taping of two kittens that were suffocated in a plastic bag.  Through the course of the investigation we learned the person seen killing these kittens was Luka Magnotta out of Toronto, Ontario Canada.  We informed and worked with Ontario SPCA and Toronto Police Services over the next year and a half while Luka released two additional videos of himself killing cats, making three in total.  Our warnings to the authorities concerning the actions Luka Magnotta might take are well documented.  In May of 2012 Luka is alleged to have killed a Chinese exchange student, Jun Lin, and is currently in Quebec, Canada pending trial for murder.  

Over the past 2 years, there have been several cases where information we have provided to the authorities has lead to an arrest. There is an animal fighting criminal case in Detroit pending trial where a Rapper known as “Young Calicoe” posted a 3 minute video showing off dogs claiming to be the best fighters. We provided the location of the house seen in the video to the Michigan Humane Society who worked with Detroit police in apprehending the individuals responsible.

We are currently working on several cases where information has been provided to the authorities who are investigating. These cases involve models and individuals who produce and sell videos involving animals.

What can members of the public do to help your cause in ending all manner of cruelty to animals?

Members of the public can help by reporting animal abuse they witness to their local authorities, Humane Society, or SPCA, and requesting they investigate.  As long as these types of crimes are acceptable and thought of as small petty crimes, the abuse will continue. 

Interviewed with Animal Beta Project, New York, New York

New York, NY—A. Adam Mehrfar says that the case that reinforced his core beliefs the most involved a client whose beliefs couldn't have been more different from his own.

“I had inherited a case from another lawyer, where the client had previously been convicted of homicide and was out on parole,” Mehrfar recalled to laws.com in a recent interview.  “It was alleged that in November 2001, just two months after September 11^th,  this client had been on a subway train in full Islamic garb, holding a duffel bag, making anti-American statements and stating that he ‘was going to kill somebody.’ Passengers alerted the conductor, who stalls the train for investigation.  The client got off the train and when the police tried to stop him on the street he resisted.  It took several officers to hold him down.  When they finally subdued him they found a loaded gun in his waistband and more ammunition in his duffel bag.” 

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

“Regardless of how much we disagreed on American policy and as someone of the Jewish faith myself –  I’m sure we disagreed on many matters we developed a great professional relationship over time.  He saw how hard I fought for him and really appreciated it.  For someone who had been convicted of homicide and had some misplaced notions, I found that there was a lot of humanity in him.  People would ask me how I could defend such a person, but it was never even remotely an issue for me.  My job is to defend my clients, not to judge them.” 

In law school, Mehrfar focused on the only two areas of law that really appealed to him – criminal defense and entertainment law.  And after spending a few years as a Staff Attorney at the Legal Aid Society, Mehrfar started his own firm in 1999, specializing in criminal defense and entertainment law.  Fourteen years later, with a successful law practice, he says he couldn't be happier. 

“I couldn't picture myself doing anything else,” he says.  “I always had a strong interest in justice related issues, and when I was in law school, it was one of the only areas that really appealed to me.” 

Today, Mehrfar believes that a good defense attorney can help clients to feel less anxiety and dread about pending criminal trials.  “Being charged with a crime can take a huge toll on the accused.  I tell my clients that once they hire me, it becomes my burden to shoulder.  I ask them to go back to living their normal lives, and to trust me with handling their case.” 

Meanwhile, Mehrfar says, new attorneys should remember that no matter how talented they are, nobody comes into the profession with all the knowledge they need.  “Be humble.  You won't know everything there is to know in the beginning of your career.  Each year that goes by, you will learn new things—that's why they call it practice.  I recall being a bit of a cocky young lawyer myself, and I look back now and realize that I knew much less than I thought I did.”

People considering criminal defense as a career should seriously consider if it's their true passion, according to Mehrfar.  “Only do it if you really feel it in your gut.  It's not nearly as glamorous as you see on television,” he says.  “You really have to have the burning desire to do this kind of practice, because you carry a lot of weight on your shoulders.  You are responsible for your clients' lives and freedom.” 

His entertainment practice has also flourished- allowing him to have represented an extensive client list, such as New York Times best-selling author and reality TV star Bethenny Frankel, Flying Television Productions LLC, the premier talent booking and brokering firm of New York City, and many other artists in the arts and entertainment. 

Having practiced law for 17 years, Mehrfar takes pride in his trial work, achieving a 71% acquittal rate, four times the average rate. There is no doubt that Mehrfar has dealt with complex cases but through his experience and perseverance he has learned to provide a zealous defense to those clients who seek him. 
To learn more about his practice visit www.mehrfardefense.com

Riverdale, MD—Peter Fayne's path to criminal defense law was anything but ordinary.

When Fayne started working after law school, he started working as a prosecutor—a role he believed he'd stay in for a lifetime.  “It's what I always wanted to do, and I thought that was where my future would be,” he recalled in a recent interview with laws.com.

Fate, however, would soon take him down another path.  “I resigned my position in less than a year in order to pursue a lifelong athletic dream,” Fayne says.  He trained full time to qualify for the US Olympic trials in the decathlon, and then returned to the legal world a year and a half later once he had finished that quest.

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

However, when Fayne got back, he found that his job at the prosecutor's office was no longer available—“so I decided to switch sides,” he says.  “I was extremely fortunate to work for a legend in the criminal defense bar in the State of Maryland, Fred Joseph.  Fred taught me not only to be proud of being a criminal defense attorney, but that our role was just as important, if not more so, than that of prosecutors.”

Soon after starting a solo practice, Fayne got plunged into the deep end of criminal defense with a high-profile murder case.  “When meeting my client in the jail for that first time, I have never forgotten him crying to me and telling me that he was innocent and did not commit this crime,” Fayne recalls.  “As a young criminal defense attorney, those moments really stay with you—the person's future is literally in your hands.  After investigating the case, I became fully convinced that my client was indeed an innocent man.”

After a trial lasting a week, the client was acquitted.  Fayne says: “My client's mother, who was in the courtroom, immediately grabbed me, with tears in her eyes, and said, 'thank you for giving me my son back.'  Then, my client turned to me, gave me a big hug, and said, 'thank you for giving me my life back.'  I will never forget those words or that day.” 

The legal practice is changing for criminal defense attorneys today, according to Fayne, in part because of the way that trials are portrayed in the media.  “Forensic science is playing a much bigger role, with jurors all watching CSI and expecting the same type of forensic evidence to appear in court,” he says.  “That being said, DNA and video surveillance evidence have been and are becoming more powerful weapons for the prosecution.  It is important for the criminal practitioner to not only be well-versed in these areas, but to have experts available to assist in the preparation of the defense.” 

While he may not have started his legal career wanting to be on the defense side of the courtroom, Fayne says that now, he wouldn't have it any other way.  “I have had the opportunity to represent some incredible people who have taught me a thing or two about life,” he says.  “I've had some interesting experiences which range from attending a wedding in a jail and giving away the bride to being in the middle of courtroom melee during trial.  Through it all, I've represented individuals from all walks of life and I am very proud that fact.”

“In the end, what truly matters to me is that I have made a real difference in people’s lives especially those individuals who I truly believe have been wrongfully accused of heinous crimes they did not commit.  Each one of them have been found not guilty…and to me preventing an innocent person from being convicted for a crime they did not commit is why I do what I do”

Buffalo, NY—Named “Lawyer of the Year” last year by the Erie County Bar Association, litigation specialist Terry Connors says that he knows he's doing the right job.

"I love being a lawyer, and if I had to do it all over again, I would not change my course one bit,” Connors told laws.com in a recent interview.

For Connors, that course began during law school, where he started watching trial attorneys in action and realized that he wanted to become one himself.  Today, he and his eight partners form Connors & Vilardo, a litigation boutique that specializes in trial and appellate representation. 

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

“The field of litigation is a very broad practice,” Connors explains.  “In our firm, one day we may be litigating a constitutional claim, while the next day we may be arguing for a profoundly injured person.  It's exciting to come to work to see what is next on my calendar—there is always something new.”

The cases that Connors likes best are cases where a lot is on the line.  “I like to be in the ring when the stakes are high,” he says.  “These cases get my blood flowing – – a homicide case where someone’s life is literally on the line – – a business that is trying to survive – – a seriously injured person who is counting on our firm for his future.  These are very challenging, but I like it when the stakes are high.”

Connors says that a murder case early in his career was the case that convinced him he was in the right profession.  “I took a homicide case that was coming back for a re-trial.  The client was convicted and had spent years in prison.  On re-trial, I was successful in obtaining an acquittal.  Not only was it life-changing for the client, but it was life-changing for me, because I got to stand next to my client when he walked out the door, a free man, after spending a third of his life in state prison.  It was an overwhelming feeling,” he says.

Over the years, clients have come to Connors for a wide variety of reasons, and some have left him with mementos.  “I represented a client who was in the entertainment business and was injured during a performance,” he says.  “My firm was able to obtain a record-breaking verdict in Western New York—$58 million.  When the case was over, he painted me a portrait, using a toothbrush in his teeth.  I hold it dear to my heart.”

Now that he has been named the #1 attorney in Upstate New York by SuperLawyers, Connors says that his practice also attracts “very large white-collar criminal cases.  Businessmen, doctors, other lawyers, and judges are some of my clients.  These cases are considered white collar criminal cases, because they require an entirely different strategy and approach.”

When it comes to litigating, Connors believes there's no substitute for hard work and experience.  Young attorneys and law students, Connors says, should “learn the rules of evidence.  The foundation for a trial lawyer is a keen understanding and knowledge of the rules of evidence.  You must know these rules like a hand fits into a glove, because these rules are the tools you are going to use to defend your clients.”

 There is no doubt that Connors knows how to defend his clients when the stakes are high and for that reason, he formed his own litigation boutique – composed of the best and brightest litigators. Connors & Vilardo was founded upon the principle that no litigation challenge is too tough for a team of talented, hard-working, committed lawyers. Recognizing that high-stakes litigation is never routine, Terrence M. Connors and Lawrence J. Vilardo left one of Western New York's oldest and largest law firms to build a firm designed to adapt to any challenge, match up against any adversary, and approach any problem with a strategy to win.

New York, NY—Eric Franz, a criminal defense attorney in New York City, has built his career on leveling the playing field within the justice system.

Fighting for the underdog has become a lifelong passion for Mr. Franz.  “I’ve always been very competitive and I love challenges.  When I was a public defender, tried many cases which my colleagues deemed to be “unwinnable”, but through hard-work and perseverance, I obtained acquittals.” he explained to laws.com in a recent interview. “Over the years I’ve found that the government, with its vast resources, has grown increasingly comfortable with pushing the little guy around. Well, I’ve committed my career to pushing back, and I’ve had a significant amount of success doing so.”  I always remind myself that, no different than when I was a competitive wrestler,  in this profession, “second place is last”.  Thus, no stone shall be unturned in my quest for the best outcome for my clients.

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

By way of example, in his first major defense case working for clients accused of racketeering, Franz states “you cannot rely on the government's claims that the case against your client is strong. Despite the excoriating articles in the media against my client, I was able to sift through the evidence and exploit the seam in the government’s case.”  After a tenacious defense of his client, Franz saw the racketeering charges dismissed.  Franz continues, “that case was also important because it trained me how to deal with the media, which was invaluable when I began representing high profile individuals.”

During his career as a defense attorney, Franz has represented celebrities like Christian Slater and Ice-T.  According to him, both celebrities and non-celebrities want the same thing when they bring a case to his office: “make it go away.”  

However, there are important differences, too: “They differ to the extent that some celebrities are used to getting what they want, which can make representing them more challenging. It’s difficult at times for celebrities to realize that when it comes to the law, being a celebrity doesn’t make the evidence against them any less compelling. Indeed, once the media is involved, the added attention makes government prosecutors more aggressive, which requires an equally aggressive defense attorney to protect the celebrity’s rights.”

Today, Franz says that one of the most difficult challenges his clients face is whether they want to exercise their right to a trial.  According to Franz, you should only pursue trial “when you have a chance of winning, and most importantly, when the client is prepared to take the risks which accompany a potential guilty verdict.  If the client is unwilling to take that risk, then it is not a good idea to proceed to trial.” However, “when you mount an aggressive defense, you usually get a favorable plea offer—one that is usually too good to turn down when weighed against the risks of trial,” he says. “So, quite frequently, the hardest decision my clients face is having to choose between a rock-bottom plea I negotiated with the government and pursuing a trial that, despite my courtroom abilities, involves a significant amount of risk.”

For anyone hoping to become a criminal defense attorney, Franz's advice is simple.  “Go to court, go to court, go to court,” he says.  “Observe trials, so you can learn how it works in real life—there is no substitute for this kind of exposure.  The biggest rookie mistakes are not knowing the real value of a case, which can only come with experience, and not understanding the whole picture, the law, and the rules of evidence.  Unless they have the knowledge, which can only come from experience and hard work, mistakes are sure to follow.”

The Law Offices of Eric Franz has built a reputation for successfully representing numerous clients in state and federal criminal cases. Franz, a graduate of Fordham Law School, commenced his career as an appellate attorney, successfully arguing numerous appeals before the Appellate Courts, and then pursued trial work as a public defender. As one of the most sought out New York City criminal defense attorneys today, he relentlessly seeks success for his clients. To learn more about the Eric Franz and his practice visit https://www.efranzlaw.com/.

Southfield, MI—Neil Rockind was a good prosecutor—even a great one.  But after four years working to convict people of crimes, he began to feel like he needed a change.

“I got tired of representing the state and using what skills and talent I have to convict people,” Rockind told laws.com in a recent interview.  “I thought that convicting people and incarcerating them was something that seemed fairly easy to do, but the more I ended up working as a prosecutor, the less comfortable I began feeling about it.”

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

Those uneasy feelings led to Rockind making the switch to private defense practice.  Today, his skills as a defense lawyer have made Rockind one of the most prominent attorneys in Michigan and secured him a role as a legal commentator for WDIV (NBC) and WJBK (Fox 2). His cases have also been covered by major networks and news periodicals across the country.

“Defending the little guy is part of my DNA,” he says.  “There are certain people who have the DNA to work for the government, and that just isn't me.  My grandparents were Holocaust survivors, and I identify with the little guy very much.  Even at a young age, I ran to the defense of the little guy.  I never liked being part of the majority, and I always prefer backing David to Goliath.”

Today, Rockind believes that Goliath is the legal system—the police and courts working in concert to convict people.  He has represented clients in a wide range of state and federal cases, including the notorious “Basketbrawl” case stemming from an infamous fight involving both players and fans at a 2004 basketball game between the Detroit Pistons and Indiana Pacers.

Media portrayals of police and trials have made it harder for defendants to get a fair shake, according to Rockind. “Our society hates crime so much, and the fact that we're inundated with crime-based television shows doesn't help.  Police officers are revered in these shows, while defendants are villainized.”

Attorneys who are defending clients are fighting against public perception as well as against the prosecution, says Rockind, which means that lawyers need to take risks.  “Be fearless,” he advises.  “You can't worry too much about what the prosecutors or judge will think of you.  If you want to be the prosecutor's or the judge's buddy, I suggest you go into another profession.  It's difficult to be fearless, but if you aren't, you aren't going to be doing your client a service.  You can't be zealous and careful at the same time.”

In his own legal practice Rockind says that he has followed his own advice.  “In the course of my career, I have stepped on many people's toes, but I don't apologize for that.  If you are overly sensitive and don't like what I do, you don't need to be my friend.”

Being a defense lawyer is often not easy, and Rockind believes that people should think hard about whether defense is the right field for them before they enter the profession.  “It takes a strong advocate to be able to deal with this challenge, and not everyone is cut out for it,” he says.  “If success was solely based on the defense attorney's performance, then I wouldn't lose—I truly believe this.  There is no other attorney who can match my individual talent in court, and no one is going to outwork my firm.”

To learn more about Neil Rockind and his practice, click here.

Boulder, CO—For Josh Maximon, a life devoted to the law started with a personal tragedy.

“My dad was a larger than life character, but when I was just ten years old, he died tragically,” Maximon told laws.com in a recent interview.  “He died under suspicious circumstances and I felt robbed of my time with him.  This was a turning point in my life. It led me to want to do something with my life and fight for justice.”

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

Maximon, who worked in law offices in London, New York and Denver before starting his own firm, Mann & Maximon, believes that the biggest challenge for trial lawyers today is that they are continually interacting with certain prosecutors and judges who are led by fear.  This sometimes prevents judges from honoring people's rights, and as a criminal defense attorney, we have to get prosecutors and judges to recognize the proper limits of the law, including the appropriate recognition of individual rights by law enforcement.”

 This is often a particular challenge for new criminal defense attorneys, according to Maximon.  “You must have confidence in what you are doing, and don't let a situation or another lawyer or judge intimidate you.  Let your preparation and hard work carry through,” he says.  “I have witnessed other attorneys in court let the prosecutor and judge intimidates them.  I never let anyone buckle me down, and I remain confident in my convictions.”

That confidence led to courtroom victories, which in turn have caused Maximon to win many accolades.  Super Lawyers named him a 2013 Super Lawyer in Colorado, and he was named one of the Top 100 Trial Lawyers by the National Trial Lawyers Association, as well as a Top 100 Litigation Lawyer by The American Society of Legal Advocates.  He is a member of the Million Dollar Advocates Forum.  He has also lectured for Stanford University on topics relating to international policy.

Now that he runs his own firm, Maximon is able to pick and choose which cases he takes.  To do that, he says, “I learn my client’s stories first.  I take the time to listen to their case.  The need to capture and tell that story motivates me to work on a case.  I root for the underdog—people appreciate stories about an underdog.”

Maximon has worked alongside other renowned attorneys, including defense legend Bryan Stevenson, on high profile cases.  “I worked with Bryan Stevenson on a case where the defendant was on death row,” Maximon recalls.  “It was a juvenile case that was overturned when the Supreme Court changed the law such that juveniles could not be sent to death row.”

One of the biggest decisions for defense attorneys is to recommend whether their clients should accept a plea agreement.  “It's a really difficult decision, and a lot of times, it is motivated by how much that person has to lose,” Maximon says.  “For example, if you are working on a sex offender case and your client is given an offer that is favorable to them, they have to weigh the risks of potentially losing at trial.  The decision is made by the client with a strong recommendation by the lawyer, but a lot of times, it's driven by the draconian consequence of losing.”

Maximon has simple, timeless advice for any would-be attorneys who want an edge in the courtroom:  “Work hard.  Pay attention to every little detail.  Strict preparation is what makes you stand out from the pack.”

Maximon is a Colorado native and lives in Boulder with his family and is a sports fanatic. He played professional soccer in Slovakia and says that having lived outside the US has made it easier for him to relate to people and to have a more complete and compassionate picture of humanity.

To learn more about Josh Maximon and his practice click here.

Shelton, CT—Richard Thomas Meehan decided to specialize in criminal law the day he saw his father win a big verdict.

“As a 1L, I was assisting my dad, who was trying a murder case in our old Superior Court building,” Meehan recalled in a recent interview with laws.com.  “The case was a sensational murder case, and the jury deliberated far into the night, returning a verdict of 'not guilty' at about 10 PM.  The room was electric, the tension and anticipation after the jury knocked on the door to announce that it had a verdict was like a drug to me—I was hooked.”

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

Nearly four decades later, Meehan has received a great level of success and has received numerous accolades for his zealous trial work.  He is a fellow of the American College of Trial Lawyers- named one of the top 100 trial lawyers in Connecticut and of the International Academy of Trial Lawyers, limited to the top 500 litigators in the United States.   

His skill and achievements have led him to also  be certified as a Criminal Trial Specialist by the National Board of Trial Advocacy. 

As a Criminal Trial Specialist,  Meehan believes that defendants and defense lawyers are facing an uphill battle.  “One of the biggest challenges is the increasing presence of private video surveillance systems,” he says.  “The recent use of those in apprehending the Boston bombers is an excellent illustration.”

However, according to Meehan, those same systems can also be used to the defense's advantage when a defendant is innocent.  “I represented a fellow who had once been convicted of stalking a former lover.  She continued to try to have him arrested each time there was a chance encounter,” he recalls, saying that in one of these arrests, the accuser said the defendant had pulled up behind her at a gas station.

When the video from the gas station came out, though, it showed something different: “The video showed her actually pulling into the gas station, apparently having recognized his car, and then she pulled out in front of him and called her friend, who was a local cop, complaining that he was right behind her,” Meehan says.  The state dropped the pending cases against his client.

When it comes to young attorneys entering the profession, Meehan says that the biggest challenge is “the lack of trial opportunities.  Because of the proliferation of pre-trial diversionary programs and the crush of cases in the system, many do not know how to build a viable defense.”

A lack of available cases has also made it too easy for criminal defense lawyers to bite off more than they can chew, according to Meehan.  “We have such a crush of new lawyers that there is not enough business to go around.  Young lawyers will take cases way beyond their ability and experience level.  Learning how to seek a mentor, even if one is a sole practitioner hanging out a shingle for the first time, is crucial.”

One of the biggest factors leading to a lack of trial experience in young defense lawyers is the fact that very few cases proceed to trial at all today.  “A recent opinion from the US Supreme Court noted that in excess of 97 percent of all federal prosecutions and 94 percent of state prosecutions nationwide resolve with pleas,” Meehan says.  “Trials are expensive and risky—they are the last resort of the truly innocent or the unrepentant guilty.”

Most recently, Meehan has come to the forefront of criminal litigators in the State of Connecticut as lead counsel to Bridgeport’s Mayor Joseph Ganim in defense of a 24-count federal public corruption indictment.

Outside the courtroom, Meehan, together with members of his family, founded the Christian Meehan Hope Foundation for SIDS in recognition of his infant grandson, Christian Tomas Meehan, who succumbed to SIDS in 2003. He also considers himself an avid sportsman – accomplished flyfisherman, boater and motorcycle enthusiast.

To learn more about Richard Meehan and his practice click here.