NCJ Number
113421
Journal
Trial Volume: 24 Issue: 9 Dated: (September 1988) Pages: 42-48
Date Published
1988
Length
7 pages
Annotation
Because defending a white-collar criminal is unlike other forms of criminal defense, it is important to adhere to several procedures in order to avoid pitfalls inherent in white-collar crime prosecutions.
Abstract
Counsel should have these goals in representing a client facing possible indictment, trial, and conviction: (1) avoid indictment; (2) if indictment is inevitable, obtain an acquittal; (3) if acquittal is not possible, avoid incarceration; (4) if incarceration cannot be avoided, minimize the sentence. Counsel should bear in mind that unlike the usual criminal case, white-collar cases are weighted in favor of the prosecution. Therefore, only counsel with experience in representing white-collar defendants should undertake representation of such clients. The stakes are high for the client, and he must have knowledgeable and experienced counsel. Fees must be agreed upon and a legal source of payment for the lawyer must be identified. Once the attorney agrees to represent the white-collar defendant, he must conduct an indepth interview with the client to assist in conducting the investigation and in meetings with the prosecutors. The client must be advised not to discuss the case with codefendants or witnesses. The defense attorney must never permit a white-collar client to testify before a grand jury. He must prepare his client for the effects of publicity after indictment. Care should be given to pretrial motions. The defense counsel for a white-collar client must be dedicated, aggressive, and experienced in order to represent his client effectively. 17 footnotes.