Return to Litigators Feature
When They Want To Ground You For Life
Checklist For Hiring An Attorney
Litigator Archives

Sometimes they just want your money. But if you’re charged with a criminal offense, they want you in a cell. Maybe, for a long time. In the worst case, forever.

Defense attorney Kerry Steigerwalt says criminal defense is a different kind of ball game. “I’ve got to tell you, criminal law is unlike most aspects of the profession,” he says, “because in most other aspects the longer you’re in, the more clients you build up because of your past performance with those clients. In criminal law, particularly when you represent the more serious offenders, you don’t get your clients repeatedly so you have to rely on other means by which you acquire your clients.”

His advice? “Go to some lawyer you know and/or trust or who has been referred to you and ask their opinion on who is a good criminal lawyer. Also, make sure they give you at least two people to choose from, preferably three. The stakes are especially high in a criminal setting because you’re talking about the government wanting to take a portion of your life, your liberty, and the stakes being that high it’s worthwhile for you to educate yourself on the right choice of a lawyer. In San Diego, I’d say we have a good dozen who are real top quality criminal lawyers. And generally I’d say you won’t make a mistake hiring any one of those 12.”

Beyond that, “you have to feel comfortable with the attorney.” And here’s a twist. Considering the defendant’s position, the attorney has to feel comfortable with the accused.

“Quite frankly there are some who have been in my office and I’ve chosen not to take their cases,” he says, “because they made me feel uncomfortable. One guy was doing real shady things that were dangerous to people, and I wanted nothing to do with him. Now when I tell you that, in the next breath, I tell you I’m representing someone (Modar Abdullah) who they claim is tied to the (Sept. 11) terrorists. I see the two as completely different, because the one guy was out to hurt people, while the guy I’m representing I’m convinced has nothing to do with terrorism.”

The accused doesn’t have the luxury of weeks to hold interviews, and the defense attorney wants to size up his potential client right away. “Any experienced criminal lawyer can get a good feel for what’s going on within the first hour of meeting with the client.”

Does he ask if the client did it in the first meeting?

“Yes. I absolutely want to know from my client what he did and how he did it. Because it’s only when I ask those questions and trust the answers I’m getting that I can make an intelligent decision.”

Is the criminal defense attorney a different breed of legal eagle?

“You know, I’ve got to tell you, I just love doing what I’m doing,” Steigerwalt says. “In criminal law you’re on a very short leash. Usually when you go into court, you’re familiar with the areas that are going to pop up, but when you go into hearings you never know for sure how a witness is going to answer some things, so you have to be so thoroughly prepared and expect the unexpected. I think that kind of feeds my adrenalin, you know?”

— Richard Acello

Home | Info | Cover Story | About Us | Back Issues | Search

Comments & Questions