What's better?

It has been said many times that to defend someone you must have a certain amount of empathy. Many have said defense attorneys must have this, whereas few prosecutors have it at all. It seems like Mark Bennett made a comment like this not too long ago, but I don't know for sure. I do know Mark hates to be misquoted, so I won't guarantee that he is the one that said it.

If more prosecutors were empathetic to criminal defendants, the system might work a little better, or at least that seems to be how I remember the statement. I'm sure this is probably true across the board. I we were more empathetic to the guy next to us in the elevator, the subway, or the Starbucks, we might all be a little better off. Right?

But what about ruthless? Ruthless to get exactly what you want. Ruthless to not settle for less. Ruthless to take no prisoners, no matter what the cost to others. Ruthless to the point that everything is just collateral damage.

Now with those in mind, which should be the dominant character trait for a criminal defense attorney?

If you're hiring a defense attorney, do you want someone to feel your pain, or someone to take no prisoners in defending you?

Comments

[Jessica A. Foley]

I love this argument. Empathy or ruthlessness? I like to think that a good defense attorney has a balance between the two. I am both and both make me a better lawyer and advocate for my clients. Empathy helps me to try to understand where the client is coming from, and also to explain the potential outcomes of a criminal case on them and their families. I'm also ruthless (but with a smile)...looking like a kindergarden teacher certainly helps me to launch some suprise attacks. I like to win.

Also, I'm a 33 year old defense attorney - and was once a 'baby prosecutor'. I think I was always empathetic to the situation of the defendants...not that it didn't make me a ruthless prosecutor. I think that empathy is something you are born with - you can't learn it. I have come across seasoned prosecutors and seasoned defense attorneys who have no real perception of what many of their clients/defendants are up against on a daily basis.

[Matlock]

Thanks Jessica. I think we should probably do both as well. I just inflaming Mark every now and then.