That's the title of Greg Craig's op-ed in the WaPo. Here's a piece:
On March 30, 1981, I was a young partner at the law firm of Williams & Connolly working for the firm’s senior partner, Edward Bennett Williams, the leading trial lawyer of his generation and one of the greatest in American history.
That day sticks with me because it was the day that President Ronald Reagan was shot and nearly killed by a young man from Colorado named John W. Hinckley Jr. That night, while watching the evening news, I learned that Hinckley’s parents had contacted my law firm in search of representation for their son.
Early the next morning, I walked my normal route to work down Pennsylvania Avenue, past George Washington Hospital. The large, quiet crowd of TV cameras and members of the media stationed outside the hospital — surrounded in turn by police cars and barriers forming a perimeter around the entrance to the emergency room — reminded me that my firm might well be, at that very moment, considering whether to take on Hinckley as a client.
Because I had worked for two years as a federal public defender in Connecticut, Ed suspected that I would be eager for the firm to take the case. He might have been surprised when I told him we should decline if anyone in the firm had the kind of relationship with any of the shooting’s victims such that taking the case would cause them to leave the firm. I knew that some of the lawyers in the firm might well have worked closely with the president, been friends with his family or with James Brady, the White House press secretary who was grievously wounded and, on that day, close to death.
Ed invited me to participate in the executive committee meeting to explain that concern. Everyone agreed that we should check to see whether anyone in the firm had a close relationship with any of the victims, but on the underlying question of whether to take the case, there was at first no consensus.
The lawyers sitting around the conference table were articulate and opinionated — and they were not shy. The arguments against taking the case were straightforward: Given the overwhelming evidence of guilt, there was really nothing that we could do for Hinckley that a public defender could not do for him just as well. In addition, we knew next to nothing about his background. He might have turned out to be a Nazi sympathizer who would try to turn the case into a political show trial.
The economic arguments against taking the case were most compelling. We would eliminate any capacity to build business with the Reagan administration. It was hard to believe that clients who wanted to be on the good side of the administration would ever come to us. Besides that, we would surely lose existing clients who did not want to be associated with a law firm representing a would-be presidential assassin. Having Hinckley as a client could have been a financial disaster for the firm.
After hearing the views of everyone else, Ed finally spoke: “If our law firm isn’t strong enough to take this kind of case — as controversial and as blameworthy as this person is — it would certainly be hard for any other firm to do so.” He went on: “I have seven kids in my family. And I don’t doubt that one day one of them might do something stupid or crazy that would cause me to need a lawyer for him. I would not have much respect for our profession if I called up Arthur Liman at Paul Weiss and told him ‘Arthur, I need your help,’ and he came back and told me: ‘I’m so sorry, Ed. I have consulted my partners, and we think representing your son might do damage to our bottom line. But of course we wish him best of luck.’”
Williams & Connolly took Hinckley on as a client. I was on the team, led by Vince Fuller, that defended Hinckley at trial. The trial lasted three weeks, and the jury found him not guilty by reason of insanity.
10 comments:
We need more lawyers like Mr. Williams.
We can be those lawyers.
Yes. We just have to keep posting anonymously on this blog and we will be…we will be.
loz @8:09
I'm not going to comment on the larger point that Mr. Craig's op-ed purports to make. I will comment, however, on his description of the W&C meeting that discussed whether to take Hinckley's case:
"The lawyers sitting around the conference table were articulate and opinionated — and they were not shy. The arguments against taking the case were straightforward: "Given the overwhelming evidence of guilt, there was really nothing that we could do for Hinckley that a public defender could not do for him just as well."
Let me get this straight. Because Hinckley was overwhelmingly guilty, the firm's leaders believed they didn't need to ride to the rescue and that a public defender could handle the case—plead him to life or try him to a guilty verdict.
As a career public defender, I've heard these comments many times before—from non-lawyers, lawyers, and judges. In other words, a public defender will do if you have a mine-run case. But if you have a significant and complex case, you need "the best of the best." And this is implicit in Mr. Craig's last line that lauds the W&C team for the not guilty by ROI verdict they obtained for Hinckley. A result a public defender presumably could not have achieved.
Over the last two decades, I've practiced in every federal courthouse in this district. I've seen the best of the best—my current and former colleagues at the FPD.
While y’all are chuckling about staying in the shadows here are some lawyers and firms that are standing up, mine included: https://thehill.com/regulation/court-battles/5233200-law-firms-judges-trump-executive-order-perkins-coie/amp/
Let’s not forget that many of “The Best of The Best” bleed em and plead em on the courthouse steps!
One of the most intelligent comments on this blog. The average PD does a better job than the average private lawyer. As a footnote to the Hinckley case, Reagan remained friends with Williams throughout his two terms.
Heard the convicted felon and his dumb fat minions will be trolling to catch feds that don't pledge blind allegiance. Watch out for the happy lap dogs!
Caruso yet again demonstrates his fidelity to and pride in providing the very best legal representation that money can’t buy (but would if it could.) Under his stewardship, the Federal Defender’s office continued to evolve, advance, and maintain its reputation as a (if not the) preeminent trial lawyer’s firm, a reputation developed by and passed to him by Kathleen Williams and Reuben Cahn. Having the privilege to serve four years in Bennett Brummer’s office followed by three years under The Boss (Judge Williams), followed by fifteen years in “big law,” I believe that Caruso is spot on. The roster of lawyers in The Office during my three years reads like a “who’s who” of trial lawyers. Reuben Cahn, Michael Caruso, David Markus, Richard Klugh, Lou Guerra, Miguel Caridad, Hector Flores, Mary Barzee, Paul Rashkind, and on and on. Can you imagine being in one law firm with that much depth? And man, did we have fun. Fun walking the walk. Fun honing our craft. Fun doing what we were called to do. Always there to pick each other up. A singular commitment: to provide the very best legal representation possible. Under the most difficult and often unpopular circumstances possible. I think about those times and can only describe them as heady days. Caruso and I came in together as a starting class. We could not have been more different, Mutt and Jeff. I hold the record for being called to the principal’s office while Caruso quickly established himself as one of the best lawyers out there. As Michael alludes to, culture comes from the top and from within. And Judge Williams always encouraged us to be the lawyers we were meant to be, with our singular and varied styles, but to never lose focus of our commitment, role, and responsibility. The Boss set the bar high. I know I’m not the only person who had AUSA’s share their angst when our office came in a case, or conversely their glee when some of the so-called lions of the private defense bar, entered their appearance. My badge of honor to have practiced with the best, is one I didn’t have to hand in when I resigned, and its not in a frame.
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