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The job of solo and small firm practitioners is difficult but invaluable to our system of justice; nowhere is this clearer than in the representation of "sensitive" or "high-profile" (read: unpopular) cases or clients. I have seen this firsthand, having practiced now regularly in the areas of civil defense, criminal defense, personal injury, employment law, juvenile law, and a host of other areas and having handled numerous cases of this sort. Solos and small firms often institute such litigation or, in criminal matters, provide the true measuring stick for our justice system. Without the work of these attorneys, many criminal cases that society considers to be heinous or reflective of a systemic problem would be thrust upon public defenders whose offices are already short of resources and financially strapped. And the benefits flow both ways: Without accepting the ostensibly unpopular case, many small defense firms would not have the billable work they need to survive. Ultimately, these cases may be challenging, but they are a necessary and integral component of our justice system, both civil and criminal.
SHOULD YOU TAKE THIS CASE?
One of the first questions we ask ou® selves when faced with an ostensibly unpopular case is whether to accept or decline it. (I use the word "ostensibly" because what someone else may perceive as unpopular may be to us just a part of our job. It really is a matter of perception and how broadly we view our responsi® bility as defenders of a system, and not just a client.)
For me, the process often unfolds like this: A phone call comes into our firm. My legal assistant calls me on my cell phone or in my office and tells me that there's a potential client who has been charged with four counts of sexual offenses or with first-degree murder. I pause to get the client's name and general facts of the case, and then-whether it's a high-profile client or indigent client-I generally make a decision to accept the case (barring conflicts). Criminal defense attorneys quickly have to develop thick skin. Were it not the case, those calls from prospective clients would need to circulate through numerous lawyers' of® fices before someone accepted the case.
There are certain cases, however, that we...