This is a time marked by excitement and fear. I vividly remember the day I graduated and even though I was only 24 years old, I have seen the general reaction in law graduates no matter what age.
The biggest single benefit I got after graduation was my one year articulation period. Criminal lawyers are usually lone wolves. Unlike civil litigators who practice in groups and firms, criminal attorneys are usually single practitioners either practicing alone or in cost-sharing arrangements with other criminal attorneys who are also sole practitioners. This has its advantages and disadvantages. If you have an articulated term in your jurisdiction, don’t waste it. Do your research and send resumes to criminal attorneys only, and only those who practice as sole practitioners as they will get maximum one-on-one attention.
I learned a lot from my articling principles. I stick to it like glue; go to court with him, stay late when he does, get to work early when he does. I learned not only how he practices criminal law, but also how he runs a practicing law business. After articulating, there was a bar admissions course (six months) where I worked part time for him. After I was called to the bar, he offered me a job and I worked for him for another year. Then an office became available in his suite and I set up my own practice, in cost-sharing association with him. After three more years, I rented my own space and started my own cost-sharing association. But I never believed that there was anything more important to start my practice than my year of articulating.
If you don’t have one in your jurisdiction, then try to do the next best thing. Try to get a job with a reputable senior criminal attorney who is a sole practitioner and sticks to him like glue. It is important that you choose carefully who you work for. A criminal attorney’s greatest asset is his ethical reputation and, therefore, his credibility. That goes a long way. So find a lawyer with a good and solid ethical reputation. He will teach you how to practice like that and teach you how to develop your own credibility on the field. Another benefit is that you will have a great start in the field simply for being known to have worked for a respectable and well-known criminal attorney. Once you’ve worked in that capacity for 1-3 years, you can consider yourself ready to hang out your own shingle.
My second suggestion is to join your local Association of Criminal Lawyers and other professional bar associations, and become active in them. I found early on that lawyers who were well-practiced and had good reputations tended to contribute about 25% of their time to professional activities. Not only do you learn a lot from your area of best practice, but you also gain access to the best CLE (continuing legal education) programs. If you have a Young Lawyers Division, join it too. I was quite active in it, especially in my first 7 years of training. It is also a lot of fun and gives you a good break from the daily stress of running your business. It is a social outlet as well as a rich learning opportunity. You will find that senior lawyers who enjoy what they do also enjoy teaching younger lawyers what they do. You will get some very good mentors.
My third piece of advice is to enjoy what you do. Try not to give in to the financial burden of starting a practice by accepting every type of case and every type of client. Personally, I believe that it’s worth the sacrifice of taking a drop in revenue rather than taking the case where you don’t like the client or the work involved in representing that client. If you refuse to accept a case, make sure you can provide the client with a referral to another criminal attorney you respect and trust. Do not ask for, or accept, a referral fee. He will appreciate referrals and you will develop a referral network that can be a good source of business.
Fourth, if a particular case usually involves 10 hours of preparation time, spend 20 hours. (I actually continued to do it even after 20 years of practice). It makes you look good when you know the facts coldly, know case law as it relates to a particular situation well and can stand on your feet and answer judges’ questions without looking down. You will especially catch everyone off guard because you are just starting out. You look green, you sound green, but you handle yourself like a seasoned professional.
Fifth, you may be thinking about internet marketing and it might be helpful. However, you will find that most of your practice will develop from referrals from previous clients. If you really put everything into contact and client preparation, your clients will see that you are working hard and if they have a friend who needs you, they will send it to you. Don’t underestimate the importance of maintaining good client relationships. Don’t wait for the client to call you and ask, “How is my case?”. Make a call at least once a month (once a week if you have time), tell them what’s going on, say hello. It will set you apart from your competitors. If the client calls and leaves a message, respond to the call as quickly as possible. They will be impressed. I get that all the time, “Wow, that’s fast”.
Back in my early days, no email. Now I set aside time on a Friday afternoon and send a quick email to all my clients (it doesn’t take as long as you might think):
“Hi John (or Mr Smith). I just thought I’d call you and let you know I’m still waiting for the Crown’s extraordinary disclosure. I’m going to court next week and I’m going to put a bit of pressure on the Crown to settle the case. for you. After I receive all the missing items, you and I should get together and review the next steps. What is your usual schedule for the week?”
Developing good relationships with mentors, colleagues and clients not only benefits your business, it makes practicing law enjoyable. You will find that you will come home to your family to tell them about the good day you had, instead of the stressful day you had. A genuine smile also lets clients, judges, and judges know that you are confident and competent.
In my experience, Crown Lawyers are generally very good; very professional, very competent and a pleasure to deal with as opponents on and off the pitch. They will respect you if you stick to your point of view, after doing some research and don’t hesitate to try a case or a well-founded constitutional argument.
Every now and then, you might come across a Crown that isn’t. When in court, I find the best way to deal with them is:
- Always respond to their arguments or objections by speaking to the judge, not the Crown;
- Speak at a volume level slightly below the Crown;
- Short and to the point, avoid drama, even if the crown is dramatic; and,
- Be a lot of fun, even if the Crown isn’t.
This approach will contrast you and have the effect of emphasizing the negative of your opponent’s advisors. Avoid making sarcastic or scathing statements in response to your opponent’s advice. It’s your professionalism that will take the day.
Copyright © 2011 Steven Tress, Lawyers and Lawyers. All Rights Reserved Worldwide.