Turley posted about Chicago lawyer, Nathan Billmaier, who got himself into one heck of a jam. 

Billmaier was convicted of six such incidents. He was arrested with nine flattened tinfoil packages that contained 4 ounces of marijuana, 4 ounces of contraband tobacco, 6 Ecstasy tablets and 40 matches.

The girlfriend of prisoner Donald Jordan (who is in for murder, parole violation, and prison contraband) put together the packages for Billmaier who was given $500-$700 per delivery. He made only $3,600 in return for destroying his career and his life.

The two initial reactions to this story, that Billmaier is a moron and that he sold his life cheap, are no doubt true but likely miss the point.  I’ve known some lawyers over the years who have made the mistake Billmaier made, and they were neither morons nor cheap.  Rather, they made a fundamental error in the management of their relationship with their clients, which ultimately led to similar fates.

In criminal defense, the best and primary source of business is current and former clients.  Whether inside or out, a client who likes you refers business to you.  Contrary to what most people mistakenly assume, the best source of business referrals are criminals.  They know other criminals.  When a criminal gets arrested, they turn to other criminals for advice.  Who knows better than a criminal who to turn to when the going gets tough?  Non-criminals have many virtues, but knowing who the most effective criminal defense lawyers are is not amongst them.  We tend to deal with a specialized crowd.

Because of this, currying favor amongst criminals has long been a method used by criminal defense lawyers to gain their love.  It’s not because they like crime or criminals, but just business.  Keep the criminals happy and they send you business, and business means your kids eat for another day.

But as we all know, there are lines that lawyer never crosses in his quest to please his clients.  Represent them hard.  Treat them well.  Give them everything you’ve got.  But do not aid them in the things they do that are illegal.  Do not confuse your role as their lawyer with their role as the criminal. 

One would think this obvious, and the line clearly drawn.  And indeed it is, most of the time.  There are instances where the line gets fuzzy, but as a lawyer we must know better than to tread anywhere close to the line of engaging in criminal conduct.  The problem for some lawyers is that the pressure to go just one step too far is irresistible. 

Taking that extra step has two components: First, the pressure from the client for the lawyer, if he wants to maintain the client’s devotion, can be very strong.  Bear in mind that the client couldn’t care less about the lawyer’s legal and ethical duties, as they aren’t his problem at all.  And the client, who is a criminal, has little concern for the fact that he’s asking his lawyer to engage in criminal conduct.  After all, he does it, so what’s the big deal about the lawyer doing it?  It doesn’t bother the client at all.

Second, many clients are exceptionally good at being manipulative, and play upon the lawyer’s pride.  They inflate his ego by saying things like, “Hey, you can get away with it. You da lawyer, You know how to pull stuff like this off, no problem.”  Rather than admit to the client whose devotion the lawyer seeks to attract or maintain, the lawyer convinces himself that he can get away with it, that he is smarter than the average bear and can pull it off. 

Suddenly, the lawyer forgets about the line between right and wrong, and which side he’s supposed to be on, and thinks that he can make the client love forever him by performing a criminal act, and that there is no risk in doing so.  The lawyer may not be comfortable, and may even regret his agreement to do the deed mere moments after the client or the wife walks out of his office, but lacks the nerve to change his mind and say no.  The lawyer moves forward.  The lawyer ends up like Billmaier.

The simple solution to this problem is, just don’t do it.  You are a lawyer.  The client is the criminal.  You are not the criminal, and becoming a criminal to please the client is just completely wrong and misguided.  Aside from the fact that you are doing something illegal, the idea that you will win the client’s undying devotion reflects a misunderstanding of what the client really wants from you.  Defendants want a lawyer they respect more than they want a lawyer they can manipulate.  Defendants want a lawyer who flexes his mojo in court, not one who will join the criminal club to become one of the gang. 

And as Nathan Billmaier would likely tell you, just because we’re lawyers doesn’t mean we’re smart enough to get away with it.  If the idea that you should become embroiled in criminal conduct to please a client isn’t put to rest because it’s illegal and wrong, then bear in mind that people who do so get busted and convicted.  Even lawyers. 

After 25 years, I assure you that clients will respect you, admire you and refer their friends to you, if you provide excellent representation and service.  Never, but never, believe that you need to cross the line between lawyer and criminal to have a successful practice.