Making the Transition from Prosecutor to Solo

How a Former Prosecutor Got Clients from the Start
By Mark A. Sindler, Esq.

I was a prosecutor for several years, so it was logical I would choose defense work when I finally started my own firm.

What helped smooth the transition was to make sure I could be around people who knew more than me about defense work. So, once I decided to resign – it was several weeks before the actual date – I immediately sent out two dozen letters to some of the best-regarded criminal-defense practitioners in the area where I wanted to open an office. Most of them worked on their own, or in small-firm setups with an empty space here or there. As a result of space-sharing, I was able to count on wiser individuals for tips and experience on topics I never had to confront as a prosecutor. As it turned out, the arrangement worked both ways: my experience was a boon to them because I could provide insights into a segment of the law-enforcement community that isn’t usually available.

State and federal prosecutors don’t generally affiliate with a city or county bar association. So, I joined the local bar association as well as a sub-committee tailored toward criminal investigation. With meetings every few months, there were opportunities to mingle with judges, get to know others in this segment of the practice, and to obtain updates on the local rules of practice in state and federal trial courts.

So, how does a former prosecutor get clients right from the start?

– Get appointed to the Criminal Justice Act panel for the federal district in which the principal office is located. Every district has a CJA panel, comprised of attorneys who take cases in which the Federal Defender has a conflict of interest. (The Federal Defender can provide details about panel membership. A prerequisite is proof of training or prior experience in applying or using the United States Sentencing Guidelines.) In state trial courts, door-to-door visits may be required with each judge’s secretary to hand out cards and let the support staff know that you’re available for conflict appointments. The only downside is that payment for services comes only after the case is closed since your invoice for services cannot, with limited exceptions, be submitted sooner.

Two other methods of steadying the cash flow include review of court “blotter” sheets, and signing up for mandatory arbitration in certain civil cases:

– Some municipal courts permit attorneys or their paralegals to review recent arrests, which include contact information of the defendant. Some of these defendants have not hired counsel yet. Assuming you are clear on ethical rules regarding soliciting new business, a one- or two-page letter can then be sent to that person that explains your ability to help protect his rights.

– Serving as an arbitrator in certain civil cases not only puts a nominal amount in your pocket, but also exposes you to the basics of personal-injury, landlord-tenant and contract-dispute litigation. It is here, in a non-binding setting, that many courts require cases be heard first when the claimed damages don’t exceed a pre-set sum such as $20,000 or $25,000. Three-member panels of lawyers sit as a means of alternative-dispute resolution, hearing and deciding several cases per day. I have found it to be invaluable because if I came across certain pleadings or submissions that were well-researched or well-written, then I eventually got copies to use for later reference.

Some attorneys leave government service on short-notice. For those with the luxury of resigning at their pleasure, I suggest starting several weeks before departure to line up office space, figure out how it will be furnished, and order the electronic equipment that best suits their needs. I am a big advocate of locating individuals, or small companies, whose business is building computers and the networks on which they communicate. In my experience, they provide the best personal service, and quickest access when emergency strikes. Also, when you hire a stationer for letterhead and cards, don’t forget to include an order for announcements. They are an easy and efficient way to spread the word of your new venture … an indisputable way to attract new clients.

A few final pointers:

– Be careful about funneling money into billboards, television, or other expensive advertising media. The transition alone is nerve-wracking without the additional financial strain that comes with little or no client base. Besides, any advertising requires a plan if it’s to yield dividends. And such a plan requires a marketing consultant … with attorney experience. Such consultants require a hefty retainer, so you may want to build your financial reserves before considering this option.

– Make sure you know the Rules of Professional Conduct. In particular: 1) the rules regarding client communications and retainer agreements; 2) the rules about conflict of interest; and 3) handling money: knowing what’s yours, what’s not, and the differences between the two. These rules probably had no bearing upon your previous life as a prosecutor. They now have everything to do with your being a capable defense attorney and maintaining your ticket.

– Speaking of capability, if you devote your new practice to defending criminal defendants, invest in a membership with the National Association of Criminal Defense Lawyers, and the sister chapter in your state. It’s money well spent. Not because it looks good on your resume, but because anyone worth their salt as a defense lawyer associate belongs in these organizations. They devote their careers to this niche, are quick to share their assistance if needed, and can sometimes refer a new matter or two your way. Solidify your status by belonging to NACDL and one of its state affiliates.”

– Mark A. Sindler (exonerator@earthlink.net) is a criminal defense lawyer in Pittsburgh.