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Would a criminal prosecutor make a good criminal defense lawyer?

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russharv63

Junior Member
What is the name of your state (only U.S. law)? Virginia
I am looking for a criminal defense lawyer to represent me in a grand larceny charge. I came across a criminal defense lawyer who was a criminal prosecutor for 17 years in Virginia and just became a criminal defense lawyer in July of 2017. He only does criminal defense cases. Would their be any reason why I should not consider him in my selection process being that he has been a criminal defense lawyer for less than six months?
 


Taxing Matters

Overtaxed Member
What is the name of your state (only U.S. law)? Virginia
I am looking for a criminal defense lawyer to represent me in a grand larceny charge. I came across a criminal defense lawyer who was a criminal prosecutor for 17 years in Virginia and just became a criminal defense lawyer in July of 2017. He only does criminal defense cases. Would their be any reason why I should not consider him in my selection process being that he has been a criminal defense lawyer for less than six months?
Some former prosecutors make great defense attorneys. Some don’t. Simply the fact that he was a former prosecutor doesn’t really tell you how good he is. However, he has 17 years experience in criminal law, so he’s likely better than someone with just a year or two of experience in that area of law.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Virginia
I am looking for a criminal defense lawyer to represent me in a grand larceny charge. I came across a criminal defense lawyer who was a criminal prosecutor for 17 years in Virginia and just became a criminal defense lawyer in July of 2017. He only does criminal defense cases. Would their be any reason why I should not consider him in my selection process being that he has been a criminal defense lawyer for less than six months?
A criminal defense attorney who was a criminal prosecutor for 17 years has darn good experience.
 

FlyingRon

Senior Member
They are better I guess than someone whose never seen a criminal courtroom for sure. I know and have employeed a few ex-DAs.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Virginia
I am looking for a criminal defense lawyer to represent me in a grand larceny charge. I came across a criminal defense lawyer who was a criminal prosecutor for 17 years in Virginia and just became a criminal defense lawyer in July of 2017. He only does criminal defense cases. Would their be any reason why I should not consider him in my selection process being that he has been a criminal defense lawyer for less than six months?
Only if the prosecutor has only been a prosecutor for six months? What an odd question. Trial experience is trial experience no matter what side of the aisle.

[SUP]Warning! Trivia. Then there was the motto attached to a small neighboring county prosecutor: "Try them all. Lose them all. Make everybody happy!"His 100% record didn't please the cattlemen in the county however, who were plagued with rustlers and served but one term in office. Later he was suspended from practice for pulling a pistol out of his office desk and confronting a disgruntled client. Shortly afterward, to the disappointment of the local media, he retired. [/SUP]
 

quincy

Senior Member
Only if the prosecutor has only been a prosecutor for six months? What an odd question. Trial experience is trial experience no matter what side of the aisle.
The lawyer was a prosecutor for 17 years, and has only been a defense attorney for 6 months.

I agree that trial experience is trial experience, but a criminal defense attorney who has also been a prosecutor has an advantage (in my opinion). He knows how the "other side" thinks.

[SUP]Warning! Trivia. Then there was the motto attached to a small neighboring county prosecutor: "Try them all. Lose them all. Make everybody happy!"
I wonder which came first, his motto or his losing all his cases ...
 

Taxing Matters

Overtaxed Member
The lawyer was a prosecutor for 17 years, and has only been a defense attorney for 6 months.

I agree that trial experience is trial experience, but a criminal defense attorney who has also been a prosecutor has an advantage (in my opinion). He knows how the "other side" thinks.
That's true, but the flip side of that is that he may think too much like a prosecutor (at least at first), and tend to agree with the state’s positions more than a long time defense attorney would. This is simply a hazard of anyone switching sides, and it’s something that can take some active thought to get past. I experienced that swapping from being a government lawyer to a private attorney myself, and saw colleagues of mine deal with the same thing. There is some transition period there. This is not to say that this particular attorney wouldn’t be a great attorney to hire (I think I did well for my first clients, too, right after making the switch after all) just pointing out that there can be some drawbacks to hiring a person who has just switched sides.
 

quincy

Senior Member
That's true, but the flip side of that is that he may think too much like a prosecutor (at least at first), and tend to agree with the state’s positions more than a long time defense attorney would. This is simply a hazard of anyone switching sides, and it’s something that can take some active thought to get past. I experienced that swapping from being a government lawyer to a private attorney myself, and saw colleagues of mine deal with the same thing. There is some transition period there. This is not to say that this particular attorney wouldn’t be a great attorney to hire (I think I did well for my first clients, too, right after making the switch after all) just pointing out that there can be some drawbacks to hiring a person who has just switched sides.
I don't disagree with that.

And there is always the possibility that the prosecutor was a really lousy prosecutor for 17 years, too, or is a jerk. :)

Experience is just one factor out of many factors to consider when hiring an attorney - but it can be an important factor.
 

xylene

Senior Member
17 years in on a 20 year career track, sounds like a fair q to ask us why did you stop being a prosecutor.
 

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