What about Clients Paris? doesn’t pull punches, whether discussing its fundamental philosophy of putting the client first or the penumbras of this theme.  It makes its point by straight talk, even if the talk may be painful to those inclined to take the easy path.

Dan Hull, whose basketball skills are a frequent subject of debate, tells a painful truth when he advises lawyers to lose their small or unsophisticated business clients.  With small variation, his message is true for criminal defense lawyers too.

Most young criminal defense lawyers want to convert their practice from doing DWIs and misdemeanors to high-profile, front page-type clients.  When you hang out your shingle, you seldom have the option of picking and choosing who walks in the door.  But over time, as you dedicate yourself to proving that you have the skills, the work ethic and the dedication to handle heavy weight defense, things will change.

But here’s the problem.  If you establish yourself as a lawyer who handles small-time cases, then that’s what you will be.  Big cases will shun you.  Clients charged with heavy crimes will see you as lacking the experience to handle their case.  You can wait until the cows come home for the phone to ring for that triple homicide, or CEO with backdating issues, but the phone will not ring.

Unlike Dan’s civil admonition, the “size” of our clients are in their cases.  Often, unsophisticated clients get charged with major crimes.  Some will call the first name in the yellow pages, while others will seek advice and find their way to the lawyer whose reputation is that he handles “big time” cases.  Which one do you want to be?

It doesn’t happen overnight, especially since every lawyer with a misdemeanor practice needs to keep the lights on while slaving away on his trial prep.  But if you don’t seize control of where you want your practice to be, and start putting in the effort to show that you can handle more serious crimes, you will be a misdemeanor lawyer forever.

One way to push yourself toward building a reputation of being the “go-to” lawyer for heavier cases is to align yourself with the lawyers who are doing that work now.  Make friends and let them know that you’re looking to expand your practice.  Tell them that they’re your hero, and you want to work with them.  Ask them to send you a secondary defendant in a multi-defendant case, and let them know that you will back them and make them proud.  And make them look smart for giving you the break.

Don’t try to be too greedy right out of the box.  You don’t get the monster fees until you’ve proven than you deserve them.  When you get those early referrals, show fee-deference to your rabbi.  Take on as much of the heavy lifting as possible, as this will give you the chance to prove your mettle.  No one needs a second-banana who’s lazy, too busy to do his job or is unappreciative.  There are many other lawyers handling DWIs who would love to get a shot to show his chops in a major federal conspiracy case.

There’s nothing wrong with having a DWI/misdemeanor practice for your entire legal career, if that’s what you want to do.  Somebody has to represent these defendants, and they are as entitled to competent representation as anyone else.  But if you want to grow and get into the major leagues, then heed Dan’s advice and go after the clientèle you really want.  They are out there, and they need lawyers.  Make yourself the lawyer they will want to call.