Defense Attorneys Can Come From Both Sides of Courtroom

Criminal defense lawyers sometimes bring a surprise with them into the courtroom. It's that they have been on both sides of the courtroom as a defense lawyer and as a prosecutor.

Clients who may be intimidated by a defense lawyer with a prosecutorial background are missing out on legal experience that could help win their cases. A defense lawyer who was once employed in the District Attorney's office as a prosecutor is better able to anticipate a wide range of legal maneuvers that otherwise could crop up later as stumbling blocks to his or her client.

Such defense lawyers can better prepare cases for their clients when they know the standard prosecution for cases ranging in charges from simple misdemeanors to serious offenses. While it's not a matter of getting special treatment in the eyes of the court, representation with dual depth can make for better relations with the judge and prosecutor.

By looking over attorney credentials across the nation, it's apparent that a growing number of defense lawyers are equipped with such past expertise on both sides of the courtroom. They often list their full background, including when they have served in both a prosecutor's office and a public defender's office.

Clients need to know their attorneys are obligated to offer the best representation possible for them. That can mean taking a hard look at a case as a prosecutor does, while making sure all the rights allowed under the law are used and followed as a public defender does. Yet, all along, the clients have been served by the same lawyer or defense team with not only knowledge about both the prosecution and defense, but actual experience in sitting in the two opposing seats.

The State Bar of California offers general tips on what makes a successful lawyer-client team. A client should make sure that:

● You and your lawyer have the same goals.

● You understand and are comfortable with the lawyer's working style. Get a clear picture of the expected timetable in your case — when you can expect significant developments, and when and how often the lawyer intends to contact you.

● You provide the lawyer with the information and documents necessary to understand your case.

● You understand and agree with the lawyer's billing practices.

● If you have questions or concerns about your legal matter, you express them to the lawyer and listen to his or her responses.

"These simple tips should help you develop a positive, productive working relationship with your lawyer. However, problems could still arise even if you do follow these suggestions. And in such instances, help is available. Many local bar associations, for example, have client relations programs that assist clients with non-responsive lawyers," the State Bar of California says.

The defense and prosecution don't have to be at odds in a client's representation, even though that is exactly the nature of any criminal courtroom proceeding. A lawyer who has dual experience in his or her background can make a major difference in presenting a solid case in defense of a client.

Daryl D. Anthony is a former Orange County deputy district attorney and deputy public defender. His Web site is at www.attorney-orangecounty.com.