What I learned from ‘the best criminal lawyer’

Have you ever seen somebody manipulate someone into doing something without the other person realising? It's a rare talent. You need tact and diplomacy. You must also be sincere. Even the most insecure and powerful can spot insincerity. And they loathe it. 

I witnessed all this happening one day in court. Like many judges, ours was wary of outsiders, unfamiliar lawyers from outside his district. It is a truism knowing your judge is more than half the battle. Judges have such enormous latitude they have myriad ways of defeating your solid arguments, which may have nothing to do with the strength of your argument, or the law. Often it comes down to something less obvious, like whether they like you or not. Personalities matter. More’s the point, can you convey to them you like them? In law you're basically a salesperson – and as I wandered around the back of this cold, damp little courthouse late one Winter evening I was about to witness a first-order salesman at work. I have never forgotten it. 

The story

At about 5pm, the judge, seeming only to notice the lawyer for the first time, declared, “You’ve been waiting here all day! You should have tried to get your case called earlier!” He had now assumed the role of the kindly benefactor. The lawyer was easy to miss, seated on the practitioners’ benches, three rows back, stooped over a collection of loose papers. Local solicitors took the top benches closest to the judge. The lawyer had remained completely silent all afternoon. 

He rose and smiled at the judge. The lawyer was thin, bald andwore a suit that looked as though he slept in it regularly. His demeanour was underwhelming, even disarming. He reassured the court there had been “no rush.” He had been happy to wait. There were smiles from the local solicitors. The prosecution read out details of his client’s case. He had been charged with serious assault. The lawyer’s task was huge: he was asking the court not to convict his client. Immediately the lawyer set about trying to differentiate his client.def. His client was indeed different, for reasons I won’t go into, given he was acquitted. 
The lawyer now began deploying ’signals’ – telling the judge where he thought the case should go without telling him. Signalling a judge is an art all its own – and must be approached with caution. Make your signals too vague and your message gets lost in the ether. But make your signal so obvious even the gallery understand it and you risk gaining the enmity of a judge who resents your artlessness. 

He told the judge his client’s personal and family background – and he was still awaiting formal residency. This was another signal, a signal if he was convicted his residency was at grave risk. But the lawyer didn’t say this. “It’s a serious matter” the lawyer continued, “and he has apologised”. He was “willing to make amends in any way he could.” Remorse had been demonstrated but also something else, something of value. He was willing to make amends. That meant he had money. The judge’s face twitched approvingly.