From the Marine Corps to the Courtroom, Prominent Texas Attorney: Terri Zimmermann
Houston, TX—When Terri Zimmermann was growing up, she didn't think she would end up becoming the criminal defense attorney she is today.
“My father was a lawyer and a Marine officer, and although I loved and admired my father, I told myself from an early age that I would never go into the military or become a lawyer,” Zimmermann told laws.com in a recent interview. “But I think destiny had other plans for me.”
(More on News at LAWS.com, contact Alberto for interviews “support@laws.com”)
After graduating from Georgetown University Law Center, Zimmermann began her active duty tour in the Marine Corps and eventually became a prosecutor. “The Marine Corps tells you what to do, you don't always have a choice. Although I was excited about getting into the courtroom, I became a prosecutor because the Marine Corps thought it would be the best place for me at that time” she says.
After working as an active-duty Marine for three and a half years, Zimmermann joined her father's criminal defense practice, Zimmermann, Lavine, Zimmermann, & Sampson, becoming a shareholder after 11 years of practice in 2007. She says that making the choice to team up with her father's firm was one she didn't take lightly.
“I didn't think it would be fair to let all the knowledge I had gained while on active duty go to waste, and I began to appreciate what my father was doing—he was fighting for the underdog,” Zimmermann says.
From there, starting to litigate in a courtroom made Zimmermann happy with her choice. “I did not want to be a paper pusher, or fall into the arms of personal injury or real estate litigation, and handling civil cases usually meant never seeing the inside of a courtroom,” she explains. “I knew I was not going to be happy in my career choice unless I was litigating in a courtroom.”
When it comes to defending her clients in court, Zimmermann believes that one of the best strategies in her arsenal is using respect and courtesy for everyone involved—even the prosecutors. “A lot of animosity between prosecutors and criminal defense lawyers can be avoided if they learn to treat one another with respect and view each other as individuals,” she says.
The rest of the courtroom staff matters, too, Zimmermann believes: “It's sad and bothersome for me to see young lawyers treat the court staff disrespectfully and with an attitude. What many of these ego-driven lawyers fail to understand is that the court staff can sometimes help lawyers out in ways they never expect. My best advice to a rookie would be to always be nice to everyone in the court.”
Zimmermann’s respect and fearlessness for litigating cases in court has led her to be recognized as one of the top trial lawyers in the state of Texas by The National Trial Lawyers. She has worked on several nationally-known cases including the "Border Shooting Case" where an active duty Marine returned fire on the United States-Mexican border, killing the man who had fired at his patrol augmenting the civilian drug interdiction efforts. No charges were filed after three grand jury investigations.
More recently, Zimmermann represented a client in the Court of Appeals for the Armed Forces where she was granted relief for her client, reversing the Air Force Court of Criminal Appeals on an unlawful command influence issue. The Air Force declined to retry the case and the charges were dismissed.
As an active member of the Marine Corps Reserve, she recently completed a three-year tour as an appellate judge for the Navy and Marine Corps Court of Criminal Appeals. “I am very proud of that assignment,” Zimmermann says of her selection as an appellate judge. “It was a very competitive process to be selected by a board based on merit. It was an amazing and wonderful experience.”
Today, Terri Zimmermann is board certified in Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization and is certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. She is licensed to practice law in Texas and Maryland, as well as the United States Supreme Court, the United States Court of Appeals for the Armed Forces.
Despite all accolades and work she has accomplished she says she still has more to do. “I am still in my 40s, and I am looking forward to what other wonderful things may be on the horizon for me.”
To learn more about Terri Zimmermann and her practice, click here.
Colorado Attorney Focuses on Achieving Optimum Results through Effective Representation
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.
Connecticut Criminal Trial Specialist Richard Meehan Talks Defense
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.
Reputable Criminal Defense Attorney John Trevena Talks Crime and Punishment
Largo, FL—While many defense attorneys would say that murder cases are the most complex cases to work on, John Trevena begs to differ.
“In my experience, I would say that DUI Manslaughter cases are the most complex, because sometimes you are representing people who have no criminal history, but are facing a double digit prison sentence for that type of offense,” Trevena told laws.com in a recent interview. “Sometimes you are representing professionals or mothers who are not alcoholics or frequent drinkers, but are faced with this type of criminal offense for a single mistake. They don't expect this type of punishment.”
(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)
For Trevena, who started practicing law in 1986, criminal defense was a natural specialty to work in. “I was a criminal justice major in undergraduate school,” he explains. “I was working as a police officer while attending law school, and after I received my juris doctorate, I was a prosecutor, so it seemed very natural for me to get into criminal law.”
One of Trevena's proudest moments in a case came when he was able to successfully vacate the conviction of Jean Claude Meus, a Haitian immigrant truck driver who had been convicted of vehicular homicide after prosecutors alleged that he caused an accident by falling asleep at the wheel.
“At that time, Jennifer Porter, a 29 year old part-Cuban woman widely perceived to be white, had received three years of probation, two years of house arrest and 500 hours of community service after leaving the scene of a car accident in which she struck two children, who later died,” says Trevena. “Meus, on the contrary, stayed at the scene and cooperated with investigators, but was charged with homicide.”
The accident, which killed a 40 year old woman and her daughter, was not regarded as a homicide even by the family of the victim, according to Trevena. “His case was striking enough that two sisters of the woman killed in the accident took up his cause, arguing that his trial wasn't fair. No alcohol or drugs were found in his system,” he explains. “I stuck with the case pro bono and was successful at having the conviction vacated and Mr. Meus released from prison."
Today's clients are more likely than ever to take plea deals instead of going to trial, and Trevena says that this is partly due to the resources available in the court system. “I believe that the system does not have the financial ability to sustain the number of defendants entitled to a jury trial. If everyone were to exercise their right to a jury trial, the system wouldn't be able to function.”
Plea bargains are also more common because courts have a perceived tendency to punish people who exercise their right to go to trial, Trevena explains: “As much as we may like to believe that the system does not punish those who take their case to trial, this is not true. This is, of course, improper and unethical, but at the same time, the courts justify it by saying that due to circumstances and facts arising during the course of the trial, it is okay to give a defendant a harsher sentence than the one presented in plea deal negotiations.”
The biggest piece of advice Trevena has to offer new attorneys is to care about their clients, not the rest of the players in the courtroom. “Don't be concerned about making friends with the prosecution or the judge,” he says. “Your role is to zealously advocate for your client. I see so many attorneys today who worry too much about what the prosecutor may think of him or her.”
To learn more about John Trevena and his practice click here.
Keith Williams Speaks on the Important Role Defense Attorneys Have in Our Society
Greenville, NC—After working for over 20 years in the legal profession, first as a prosecutor and then as a defense lawyer, Keith Williams believes that what he's doing today is one of the most important jobs in the system.
“In my opinion, those who want to limit the government, like conservatives, should be very supportive of the criminal defense lawyer function,” Williams told laws.com in a recent interview. “In the United States Constitution, there is only one type of attorney that is mentioned: a criminal defense attorney. The Founding Fathers of this country said that those accused of a crime shall have a right to counsel.”
(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)
As the only attorney in Greenville who is board certified by the North Carolina Board of Legal Specialization in both state and federal criminal law, Williamssees cases ranging from misdemeanors to murders.
In the last two decades, Williams has seen significant changes to the criminal defense profession, and one of the biggest of those changes has to do with plea deals. “I have seen fewer and fewer cases go to jury trial,” he explains. “Our challenge as criminal defense attorneys is to change this and not conform to the norm, and to take more cases to trial.”
Williams thinks that it is the duty of criminal defense attorneys to try cases in front of juries when possible, in order to keep the system working. “Criminal defense attorneys should resurrect the model of taking cases to the jury. It reinforces what we were meant to do as defense attorneys and our system of checks and balances,” he says.
According to Williams, it wasn't always like this—defense attorneys decades ago operated very differently, taking many more cases to trial. “I think back on the role models I had back in the day, when I went to law school, and how different things are today,” he reflects. “My knowledge of that vision is one of the most important things I can pass on to the next generation of attorneys. They have to know this vision, so they know there is another path they can take.”
To that next generation of attorneys, Williams gives clear advice: “Today, there are more and more people attending law school, so the pool is too large for someone to just go to law school and just hope for the best. I would suggest going to law school with a plan.”
Williams also takes questions on a television and radio call-in show, “Call the Law,” which airs in and around Greenville. Once a week, Williams' co-host, Don Higley, answers questions about civil law while Williams takes on criminal law questions from regular people.
For Williams, a successful career in criminal defense has meant giving great service to clients, handling their cases from beginning to end instead of shuffling them off to paralegals. It also means returning phone calls fast and really listening to client concerns. “I have always looked at a criminal defense lawyer as a person who has a vitally important role in our society,” he says. “I was happy to step into those shoes and do this type of work.”
Williams recognizes that bad things happen to good people and that is what motivates him to zealously advocate for his clients. His hard work has earned him numerous recognitions, including being named one of the best trial lawyers by The National Trial Lawyers.
To learn more about his practice click here.
Former State Attorney and Practicing Criminal Defense Attorney: Harry Shorstein
Jacksonville, FL—After time working as one of Florida's top prosecutors and one of its best defense attorneys, Harry Shorstein knows juries.
“I have always felt that, starting from your first contact with the jury, you try to develop a relationship with the jury members, who are the ultimate decision makers,” Shorstein told laws.com in a recent interview. “The jury picks up on many things, such as the way you address the court and the witnesses, as well as opposing counsel.”
(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)
Knowing juries has meant being able to tell how cases are going before the verdict is returned. He says: “I have always felt I could tell whether I am losing or winning the case by looking at the jury as I address them. I could always tell what the verdict is before it is given just by the way I communicate with the jury.”
A fellow of the American College of Trial Lawyers, Shorstein has been named the best attorney in the Jacksonville area for white collar criminal defense. His private practice work for Shorstein & Lasnetski comes after five terms working as the State Attorney for Florida's Fourth Judicial Circuit, which covers Duval, Clay and Nassau counties. In his current role, he has represented defendants facing criminal charges ranging from DUI to murder to all varieties of white collar crimes in State and federal courts.
During his work as a prosecutor, Shorstein implemented a juvenile rehabilitation program that was considered one of the best in the world. Profiled on 60 Minutes and NBC's Nightly News with Tom Brokaw, the system Shorstein implemented in Florida was responsible for lowering juvenile arrests for violent felonies, weapons offenses, and car thefts by more than 50 percent.
Part of that program, Shorstein says, was just keeping kids in school. “Studies show that serious juvenile offenders begin as habitual truants,” he explains, “so a key component of this program is keeping children in school—even if it means jailing their parents for not sending them.”
Shorstein thinks it is important to address juvenile crime, because this gives attorneys “the best opportunity to rehabilitate our youth.”
Today, defense lawyers face many challenges in and out of the courtroom. Shorstein believes that some of the biggest challenges for public defenders and the people they represent is a lack of funding. “Indigent people deserve the same defense as those who are wealthy enough to hire a defense lawyer,” he says.
Mandatory minimum sentences have also had an unfair impact on sentencing and criminal defendants, according to Shorstein. “All homicides, robberies, and other crimes are not the same, therefore, the sentence shouldn't be the same,” he says. “It doesn't make any sense having legislators in Florida or Washington mandating certain sentences.”
Shorstein also believes that the media have a part to play in making criminal trials fairer: “What we need is for the media to have a better understanding of the law, and to report on cases thoroughly and correctly. These issues are complex, and therefore a lot of investigation and analysis of cases is required before people start talking and writing about them.”
Recently, U.S. Senators Bill Nelson and Marco Rubio selected Shorstein to join the panel that recommends federal judges, prosecutors and marshals for Florida's Middle District. In 2010, he was nominated to become U.S. attorney for Florida’s Middle District.
With close to five decades practicing law Shorstein has developed extensive skills and experience in the representation of professionals in civil litigation and defendants on criminal matters in state and federal court.
To learn more about Harry Shorstein and his practice click here.
Reputable Mississippi Attorney Merrida Coxwell Talks Defense
Jackson, MS—In thirty years working as a criminal defense attorney, Merrida “Buddy” Coxwell has built exactly the reputation he wants.
“I have developed a reputation as a fierce critic of social and legal injustice,” Coxwell told laws.com in a recent interview. “This drive has compelled me to accept many criminal cases that other lawyers shunned or were afraid to accept. When a person has a legal problem and needs help, I believe it is my job to set aside personal views in order to provide quality and aggressive legal representation.”
(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)
Listed as a Super Lawyer in the Deep South as well as one of the Best Lawyers in America, Coxwell has achieved great success in representing clients in cases ranging from fraud to murder. His firm, Coxwell & Associates, PLLC, has been named one of the best law firms in the United States by U.S. News & World Report, and represents clients in serious personal injury matters as well as those accused of crimes.
Coxwell & Associates only takes personal injury cases that involve serious or permanent injury and criminal defense cases. Coxwell believes that this kind of specialization is necessary in order to give clients the best service possible: “With the complexity and magnitude of laws that exist today, we do not believe that it is reasonable to try and handle every type of law. Clients who are wise look for lawyers the same way they look for a medical specialist.”
The firm also doesn't handle what Coxwell calls “routine fender bender cases.” Those, he says, “can usually be handled by individuals with legal advice” and don't require the aggressive and specialized representation that his law firm can provide clients.
Today, Coxwell says that the challenges for criminal defense attorneys are numerous and changing all the time. “In the past, the greatest challenges have been the push to 'get tough on crime,' which was not based on reason,” he says. “That has started to change, but ever so slowly, in the South. I think that for most attorneys, the bad economy and the rise of public defender systems make the greatest challenge for criminal defense lawyers. I would say that all the marketing on the internet seriously dilutes the base of clients.”
Coxwell has represented a number of defendants who were charged with capital crimes, and working on these cases can sometimes mean representing clients accused of crimes committed decades ago. Currently, he is working on a death penalty case involving a crime that is 28 years old.
While many criminal defendants today take plea bargains, Coxwell says that it's critical for attorneys to avoid pushing plea deals on clients. “My advice would be to meet frequently with your client,” he says. “Get to know him or her as a person, not a defendant. Exhaustively research the law before you even begin to discuss a resolution. Don't let the first things out of your mouth be about a plea bargain, unless the client brings it up first.”
To learn more about Merrida Coxwell and his practice click here.
MN Criminal Defense Attorney Shares His Path and Formula to Success
Minneapolis, MN—Defense attorney Patrick Cotter got his first dose of the courtroom by watching his father practice law.
“My father, as an attorney, was always working for the underdog,” Cotter told laws.com in a recent interview. “He was both a mentor and my hero.”
When he was in his second year of law school, though, tragedy struck. Cotter, who came from a family of five biological and five adopted children, had seen his adopted siblings work through a range of mental illnesses and chemical dependencies. One of those siblings, however, had a break with reality resulting in fatal consequences.
(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)
“My adopted brother, who had spent time in many juvenile detention centers and jails, strayed from his medication,” Cotter says. “In an episode of full-blown paranoid schizophrenia, this brother killed my father and his girlfriend, and attempted to cover up the murders by setting the family home on fire.”
The brother later committed suicide while awaiting trial, and throughout, Cotter says he became “the default lawyer for my family, explaining the nuances of criminal law with just one year of law school under my belt.”
He believes that this experience shaped his future career: “The challenges that my family endured were many, and I do believe that overcoming some of those challenges has contributed to my success.”
After working as both a prosecuting attorney and a public defender, Cotter began his own practice. Today, he's ranked as one of the “Top 40 under 40” attorneys by National Trial Lawyers, an award based on leadership, trial results, and qualifications.
Young attorneys, according to Cotter, should heed two pieces of advice: “Seek out mentors who both shares your values and are willing to invest in your growth as an attorney—and never give up the passion that you have right now for seeking justice.”
While Cotter has had great success in his career, he says that the profession currently faces significant challenges from attorneys trying to balance their books and sleep well at night. “The profession of law is noble and ethical, and in representing those accused of crimes, it is very personal,” he says. “The business of law has morphed into a game of sales, puffery and competition for paying clients. This presents a moral dilemma for those attorneys truly wanting to uphold the profession and maintain a successful practice.”
One of Cotter's proudest moments came after a first degree arson case, in which his client had lost his home. After the insurance company spent tens of thousands of dollars to ensure that the client was prosecuted, Cotter says things were starting to look bleak: “The insurance company representatives and law enforcement told my client that he was in a David vs. Goliath case, and Goliath was sure to win.”
Instead, he came away with a surprise victory after a week-long trial. “I realized that the full power of money and resources can bring a person to the brink who claims his innocence” he says. “This case demonstrated that the government and insurance industry have enormous power and resources that make it very difficult for person who is falsely accused to fight them, however, in the end it is regular citizens with no skin in the game who have the final word.”
To learn more about Patrick Cotter and his practice, click here.