Many people believe that a good criminal lawyer is one who is aggressive and, perhaps, even insistent with the prosecutor or judge. This belief may even include the idea that a successful criminal attorney uses theatricality and deception to win in court. This couldn’t be further from the truth.

To be sure, this perception is influenced, at least in part, by the many prime-time American television shows that show fraudulent attorneys misleading judges and juries, or aggressively pressuring the prosecutor to “make a deal.” However, in real life practice in Canadian courts, there are four factors that a good criminal lawyer needs to successfully defend a client against a criminal charge.

1) Knowledge and experience in law;
2) Thorough preparation of the facts of the case;
3) Ability to argue eloquently both;
4) Persistence (non-aggressiveness) in achieving a successful result.

Knowledge and experience in law

This is perhaps the most important factor. A thorough understanding of the various aspects of the law that apply to a particular position is necessary for a good criminal lawyer to think quickly and deal with any issues that arise in court or any questions the judge may have. The ability to respond effectively to these questions not only satisfies the judge that the attorney has an answer, but also reassures the judge that the attorney knows what he or she is doing to defend the client from criminal charges. Additionally, a strong legal argument at the end of the trial can make the difference necessary to win the case.

Thorough preparation of the facts of the case

Knowing what the police, experts and civil witnesses are going to testify about, as well as any other evidence against a client facing a criminal charge, not only allows a good criminal lawyer to prepare effective cross-examination, but also provides the advantage of being able to respond quickly to the situation in which a witness contradicts what he has stated to the police or in previous statements. A good attorney can take advantage of conflicting evidence, which could be helpful to the client, if factual details are virtually memorized. Thorough preparation of the facts of the case is an essential factor in successfully defending a client facing criminal charges.

Ability to discuss both eloquently

Being intimately familiar with the law and the facts is a fundamental foundation for any defense. Being able to bring the two together in an eloquent argument is what makes a good criminal attorney successful in court. It is never advantageous to attempt to intimidate the prosecutor, judge, or jury in an effort to obtain a successful outcome. The winning argument is one that is informed, eloquent, and persuasive.

Persistence (not aggressive) to achieve a successful result

It is easy for one to mistake persistence for aggressiveness. There is a big difference. Aggressive behavior, whether in or out of the courtroom, only serves to put people on the defensive and ultimately drives the judge and jury away. However, persistence in presenting the defense position at every reasonable opportunity can be very effective, in combination with the three factors listed above, for a successful outcome at the end of the day.

With these four factors in mind, an experienced and knowledgeable criminal defense attorney can take advantage of a number of opportunities to successfully represent a client in all phases of the criminal case.

Copyright © 2011 Steven Tress, Attorney and Attorney General. All rights reserved throughout the world.