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Saw something interesting in another thread. Do Biglaw firms allow associates to take on criminal defense matters pro bono? Its something that I would love to do--both because I have and interest and I think it would build a lot of skills. Is this at all possible?

I work in the Appeals Bureau of a prosecutor's office, and I've occasionally seen associates from Biglaw firms handle criminal appeals. I haven't seen/heard of any biglaw associates doing trial level work, but I also don't see that level too much.

encore1101 wrote:I work in the Appeals Bureau of a prosecutor's office, and I've occasionally seen associates from Biglaw firms handle criminal appeals. I haven't seen/heard of any biglaw associates doing trial level work, but I also don't see that level too much.

Thank you! Didn't think that I'd get a response on this topic. Do you think its that biglaw associates don't want to do criminal trial level stuff? I can imagine that it would take a great deal of work to get competent in this area. Perhaps even finding an attorney willing to help out outside of the firm. Do you think that this might be a reason why biglaw associates wouldn't want to do this type of stuff? Aside from the fact that they are insanely busy, and might not have time.

I think time would be the biggest factor, and there's also the fact you'd have to "pick up" the case after someone else has done some work on it (at the very least, arraignments).

Depending on the client, it may just be something simple, like plea negotiations (in which case you'd have to pick up another pro bono case if you're trying to satisfy a time requirement), or it could be something unforeseeably complex, with a ton of adjournments, hearings, etc. Even simple misdemeanor cases can, and often, have more complex issues than you initially thought, so there might be an unwillingness to commit to a project that could potentially take a lot of hours away from the firm.

Probably also has to do with unfamiliarity with the criminal procedure law (or your state's equivalent), as well as lack of courtroom experience, which can make someone feel like a fish out of water, whereas handling an appeal is fairly straightforward (research issues, write brief, oral argument, within a certain time).

Maybe you could second seat a public defender, to leech off his experience, but I haven't seen that either.

I can see someone from biglaw handling arraignments, which is reasonably simple (converse with accused, enter a guilty or not guilty plea, make a bail argument), but there's also stuff like jury selection, effective cross-examination, summation, etc., that someone who works in biglaw may not be familiar with.

encore1101 wrote:I think time would be the biggest factor, and there's also the fact you'd have to "pick up" the case after someone else has done some work on it (at the very least, arraignments).

Depending on the client, it may just be something simple, like plea negotiations (in which case you'd have to pick up another pro bono case if you're trying to satisfy a time requirement), or it could be something unforeseeably complex, with a ton of adjournments, hearings, etc. Even simple misdemeanor cases can, and often, have more complex issues than you initially thought, so there might be an unwillingness to commit to a project that could potentially take a lot of hours away from the firm.

Probably also has to do with unfamiliarity with the criminal procedure law (or your state's equivalent), as well as lack of courtroom experience, which can make someone feel like a fish out of water, whereas handling an appeal is fairly straightforward (research issues, write brief, oral argument, within a certain time).

Maybe you could second seat a public defender, to leech off his experience, but I haven't seen that either.

That is a really good suggestion. I really appreciate all your input. I know that something like this would be a huge time commitment. This was very helpful for me. If anyone else has any experience or feedback I'd appreciate that too.

Biglaw associates definitely can work on pro bono criminal trials. There aren't a ton of opportunities, and you may be cocounsel to a PD and second chairing it, but it definitely happens.