For the Defense - Vol. 4, Issue 2 - 38

Never a Dull Moment:
The Do's and Don'ts of
Representing High Profile Clients

Megan Scheib and William J. Winning

A

ttorneys who specialize in the practice of
criminal law should have a tolerance for
high stakes, high pressure scenarios.
Attorneys handling high-profile criminal cases
should not only tolerate, but thrive under
these conditions and be able to do so while
under intense public scrutiny. For those of you
already practicing in this world and those of you
interested in expanding your practice, we offer the
following pointers that have served us well in this
challenging, but incredibly fulfilling practice of law.

Know Your Adversary
Prosecutors are held to the highest standard
of ethics that our legal system has to offer, as
articulated in the oft-quoted Berger v. United
States-the prosecutor, as "a representative...
of a sovereignty whose obligation to govern
impartially is as compelling as its obligation to

38

For The Defense

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Vol. 4, Issue 2

govern at all, and whose interest, therefore, in a
criminal prosecution is not that it shall win a case,
but that justice shall be done." The Berger court
elaborated:
As such, he [the prosecutor] is in a peculiar
and very definite sense the servant of the
law, the twofold aim of which is that guilt
shall not escape or innocence suffer. He
may prosecute with earnestness and vigor-
indeed he should do so. But, while he may
strike hard blows, he is not at liberty to
strike foul ones. It is as much his duty to
refrain from improper methods calculated
to produce a wrongful conviction as it is to
use every legitimate means to bring about a
just one.
295 U.S. 78, 88 (1935).
But even the most ethical, well-intended



For the Defense - Vol. 4, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 2

Contents
For the Defense - Vol. 4, Issue 2 - 1
For the Defense - Vol. 4, Issue 2 - 2
For the Defense - Vol. 4, Issue 2 - Contents
For the Defense - Vol. 4, Issue 2 - 4
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