Pick me out a winner, Bobby

Yesterday I made a comment in a post about what I perceive to be different levels of attorneys. Since I have gotten several emails asking me what I mean by that, I figured I would tell you. It’s very simple really. In my humble opinion, you can group criminal defense attorneys, and probably any group of attorneys, into one of four categories. Being a baseball nut, I refer to them in terms of America’s Pastime which should be obvious from the title being a quote from "The Natural."

Cooperstown - These are the elite; the best of the best. These attorneys are the ones you would not hesitate in calling if you were being charged with something. These are the attorneys whose very presence in a courtroom changes the landscape. In Texas we have several. I think Mark Bennett would agree when I quickly put Racehorse Haynes in that group. These are the legendary attorneys. But the category goes deeper than that. It also includes that handful of attorneys whose name you can speak in the courthouse, and anyone associated with the system acknowledges. Here in Fort Worth, I will happily include the likes of Mark Daniel and Tim Evans in that group, as well as Jeff Kearney. I will also put my former boss, the great Tom Morgan of Midland in this group. These are the guys that, if the courthouse had a room dedicated to the best defense attorneys, would have busts in the room.

The Show - This next category is where we come back to earth. These are the attorneys that can be difference makers in a case. Often times the difference between winning and losing can be the attorney. Whether it be remarkable knowledge of the law, tremendous skill in front of a jury, or the ability to just “make miracles happen,” these attorneys know what they are doing and do it well. I also put a lot of attorneys here that might not have the years of practice in them, but clearly have “it.” These are typically those attorneys who only practice criminal law. They don’t do family law or wills or anything else. These are the guys who do what they do very well. They might be relatively young, or could have been in the game for thirty years. Either way, they have what it takes.

The Minors - These are the guys that just don’t have it. It's the largest category. There is nothing wrong with them as people or attorneys. In fact some are very, very good attorneys. But this group is for those attorneys that win the cases they should win, and lose the cases they should lose. To get out of the Minors, you have to be a difference maker. Everyone in the game can hit that fastball sitting out over the plate. It takes more to wait on the curve ball and drive it the opposite way and move the runner. It’s the same for attorneys. There may not be a huge gap, but the gap is there nonetheless.

Little League - We all know who these guys are. The Hustlers, the Letter Lawyers, the V6, the Plea Attorney. These guys practice to make a buck, and only do what it takes to get it. These are the attorneys who don’t know some of the basic things you should know to call yourself an attorney. They are walking, talking Ineffective Assistance.

So those are the four levels of attorneys in my mind. Let me know what you think.

Comments

[Mark Bennett]

Shawn,

I like it, but I think you might miss some talent by excluding general practitioners from Cooperstown -- historically and in some small towns lawyers have always had to be general practitioners to make a living.

Racehorse Haynes has sued people.

[Academic]

Mr. Matlock, I enjoy your taxonomy approach. I am teaching an introductory course this semester, and I use a taxonomy to show how the different domains fit together. I shared this post with my students, thinking that it will help them to come up with their own taxonomy of our discipline. Nicely done.