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Why I Became a Lawyer
In 1981 I was living in New
Jersey, working nights at a General Motors factory and days as a
mechanic, when I got called to jury duty.
Jury duty at that time meant
reporting every day for two weeks and sitting around all day
waiting to be called into a courtroom. Working upwards of
sixteen hours a day and sleeping four did not leave much time to
follow the news. I was a blank slate in that I had heard nothing about the pending
case, so I was selected
for the jury.Then I heard the news -- I
was on "The Great Mafia Trial"(Jersey, right?). The trial
ran for three months, with the jury sequestered in a hotel for
the final three weeks or so(after a jury tampering incident).
There were four defendants -- the Capo, two senior made men and
one younger wiseguy. One of the senior made men was being
tried for murder(an intra-mob hit). The younger guy had
thirty or so charges pending. In this environment the most
striking aspect was that with the millions of dollars that had
been spent, only one of the eight attorneys involved turned out
to be much of a lawyer.
The judge, who as a
prosecutor was known for his tough stance on white collar crime,
and who had been
widely publicized for his willingness to take on The Mob -- was
removed from office some years later and subsequently imprisoned
for tax fraud after embezzling from
his business partners.
The attorney for one of the
senior defendants spent a lot of time trying to discredit the
state police officer who identified his client from the
recordings(the state had undercover witnesses who wore wires and
had bugged the defendants' meeting place).
"You identify my client from the words he spoke, so what words
were they and why do you say they were spoken by my client?"
This puzzling tack became clear when the recordings were played
and most of the people in the courtroom were rolling on the
floor. The defendant had a very distinctive, very deep
voice -- he was a real life Rocky! Later in the
trial, we heard that the attorney himself was under
indictment on drug charges.
The attorney for the Capo took his closing argument from his family's dinner
table. he became his grandmother, imploring us to have
"just one more meatball". No kidding.
The prosecution team
consisted of three state's attorneys. There was a
well-dressed attorney who received so many objections during his
opening statement that he sat mute for the rest of the trial.
The attorney who did most of the work was reputed to be sleeping
with the female state's witness. The lead attorney was
busy working on parlaying his reputation as the Organized Crime
Buster to running the state's casino commission.
The attorney defending
against the murder charges was exceptional, but he needn't have been.
The prosecution's only evidence supporting the murder charge was
the word of a mob informant turned state's witness with immunity
and witness protection in exchange for testifying against his
former associates. Adding to this credibility problem was
the fact that he had already been convicted of perjury for lying
under oath in other related trials..
Ultimately all
the defendants were convicted
on conspiracy charges. They almost weren't, because the
charge was that they were "part of a nationwide, secret criminal
organization known as "our thing" or "la cosa nostra". . . "
Well enough, but the prosecution team never presented
any evidence
regarding these assertions. They were convicted on simple
conspiracy charges because they were recorded running their
bookie business("I got twenny dresses from da t'ird truck up
nort") along with a few other obvious slipups.
I became certain that if this
group of whom most were mediocre and a few were downright
embarrassing could have
successful careers as attorneys, so could I.
The greatest lesson I took
from the experience became the basis for the first speech I give
every new client. The defendant accused of murder was
acquitted in large part because from the thousands of hours of
recordings, he never spoke a single complete sentence. The
younger defendant was convicted on all charges but one(as to
that one charge he was clearly entrapped) and sentenced to many
years in prison -- because he never stopped talking.
The speech goes like this:
This is my lawyer's card. This is the back of my lawyer's
card. You can assume that on the back of every lawyer's
card, printed in invisible ink, are the words "Shut Up".
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