Daily Dicta: Defending the Indefensible (Or Not)
Our justice system is premised on the notion that even the most awful human beings accused of the most heinous crimes are entitled to a legal defense. Whoever defends Chauvin is sure to be threatened and vilified. But that lawyer will also be brave—braver (ahem) than certain Am Law 100 firms.
June 01, 2020 at 09:59 PM
5 minute read
Our justice system is premised on the notion that even the most awful human beings accused of the most heinous crimes are entitled to a legal defense.
Derek Chauvin seems to be pushing the limit.
The now-fired Minneapolis police officer has been charged with third-degree murder and second-degree manslaughter in the death of George Floyd—a crime that has set America aflame. And some poor lawyer will have to defend him.
How unappealing is the assignment? Here's one measure. I reached out on Monday to white collar defenders and former prosecutors at Kirkland & Ellis; Hogan Lovells; Latham & Watkins; Skadden, Arps, Slate, Meagher & Flom; Gibson, Dunn & Crutcher; O'Melveny & Myers; Mayer Brown; Orrick, Herrington & Sutcliffe; Boies Schiller Flexner; Morgan, Lewis & Bockius; Jenner & Block; King & Spalding; Quinn Emanuel Urquhart & Sullivan; Kasowitz Benson Torres; Sullivan & Cromwell; Sidley Austin; Covington & Burling and Steptoe & Johnson. I also hit up PR agencies that work with multiple law firms, and asked them all the same thing: What in theory might Chauvin's defense entail?
"I'm looking for any general thoughts on how his lawyer might proceed. How do you make sure a client gets a fair trial when they are so widely despised? How could you pick a jury? What personal risks might a defense lawyer face in taking on such a case? Is it worth it?" I asked.
And across the board, these elite firms, which together employ more than 22,000 of the best lawyers in the country, which pride themselves on their independence and toughness, their willingness to tackle difficult problems?
They all declined comment or didn't respond. Every single one of them.
In two decades of legal reporting I've never encountered such reticence—not with such a broad question posed to so many lawyers at so many firms.
Of course, I understand there's no marketing advantage to being quoted on this topic. It's not like being asked to opine on a Supreme Court decision that could directly impact your clients, or weighing in on new developments in ERISA.
But c'mon. I do think it's valid to wonder how in the world Chauvin's defense lawyer, whoever that may be, might proceed. The fact that none of you would touch it is a sign that representing him will be uniquely difficult.
Non-lawyers might say, 'Good. Chauvin doesn't deserve a fair trial. He wasn't fair when he kept his knee on George Floyd's neck for nearly nine minutes, ignoring his pleas that he couldn't breathe."
Which is true. But we all also know that's not how our system works—and in fact, it's why our system is just. Even if it means monsters get lawyers.
A few years ago, I spent several hours interviewing a now-retired public defender named Barry Collins for a book project that never came to fruition.
Collins defended Richard Allen Davis, who in 1993 spied a 12-year-old girl named Polly Klaas buying popsicles at a store in Petaluma, California. He followed her home, lay in wait, and then kidnapped her from her bedroom in the middle of the night as Polly's two friends, who were sleeping over, looked on in horror.
The case was huge news at the time. When Davis was arrested eight weeks later, he confessed to strangling Polly to death and dumping her body in a blackberry briar.
Collins got the job of defending him—it didn't go well, Davis got the death penalty—but the lawyer's thoughts on the experience may resonate with whoever defends Chauvin.
"If you're a true public defender, what is the ultimate task you can get in your career? Representing someone like Richard Allen Davis. It's a whole different world, one that even other public defenders can't relate to," Collins told me.
"I have an analogy," he continued. It's like being a doctor in a war zone treating wounded combatants. "You're not supposed to worry if the guy is an enemy private or a general on the U.S. side … You do the job the same way. In a way, that's what being a public defender is all about," he said. "When you handle a high-profile case for a terrible crime, you have to have a certain kind of DNA. You have to be able to do it without regard for what other people think."
Whoever defends Chauvin is sure to be threatened and vilified. But that lawyer will also be brave—braver (ahem) than certain Am Law 100 firms.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWhy the Founders of IP Boutique Fisch Sigler Are Stepping Away From the Law and Starting an AI Venture
‘How to Succeed as a Trial Lawyer’: Talking Shop With Author and Veteran Litigator Stewart Edelstein
Litigation Leaders: Labaton’s Eric Belfi on Running Case Investigation, Analysis and Evaluation In-House
Law Firms Mentioned
- Quinn Emanuel Urquhart & Sullivan
- Morgan, Lewis & Bockius
- Hogan Lovells
- Steptoe & Johnson LLP
- Kasowitz Benson Torres
- Skadden, Arps, Slate, Meagher & Flom LLP
- Kirkland & Ellis
- Covington & Burling
- Sullivan & Cromwell LLP
- Gibson, Dunn & Crutcher
- Latham & Watkins
- Orrick, Herrington & Sutcliffe
- Boies Schiller Flexner
- Sidley Austin
- Mayer Brown
- O'Melveny & Myers
- King & Spalding
- Jenner & Block
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250