Print Article
  BookMark Article

Author Login    Author Login

Existing members will have to use the lost password facility to get new username and new password

Welcome Guest! Please login or create an account.



If you do not have an account yet, you can register ( Here ), or you may retrieve a lost user/pass ( Here ).

Navigation    Navigation

   10 newest articles RSS

Author Highlights    Featured Author

Brad Z Stone

View My Bio & Articles

Dustin V. Streetman

View My Bio & Articles

Leo miller
700 8th avenue

View My Bio & Articles

Other Websites    Websites of Interest

Key Factors That Make A Successful Criminal Defence Lawyer

Author : Steven Tress   Top Author

Many people believe that a good criminal lawyer is one who is aggressive and, perhaps, even pushy with the prosecutor or the judge. This belief may even include the idea that a successful criminal lawyer uses theatrics and deception to win in court. This cannot be further from the truth.

No doubt, this perception is influenced, at least partly, by the many prime-time American television programs featuring tricky lawyers pulling the wool over the eyes of judges and juries, or aggressively pressuring the prosecutor to “cut a deal”. However, in real life practice in Canadian courts, there are four factors that a good criminal lawyer needs in order to successfully defend a client against a criminal charge.

  1. Knowledge and experience in the law;

  2. Thorough preparation of the facts of the case;

  3. Ability to eloquently argue both;

  4. Persistence (not aggressiveness) in achieving a successful result.

Knowledge and Experience in the Law

This is perhaps the most important factor. A thorough understanding of the various aspects of the law as it applies to a particular charge is necessary in order for a good criminal lawyer to think quickly and deal with any issues that arise in court or any questions that the judge may have. The ability to effectively respond to these issues not only satisfies the judge that the lawyer has an answer, but also gives the judge confidence that the lawyer knows what he is doing in defending the client against the criminal charges. Also, a solid legal argument at the conclusion of the trial can make the difference needed to win the case.

Thorough preparation of the Facts of the Case

Knowing what the police, expert witnesses and civilian witnesses are going to testify to, as well as any other evidence against a client facing a criminal charge, not only allows a good criminal lawyer to prepare effective cross-examinations, but also provides the advantage of being able to quickly respond to the situation where a witness contradicts what he or she has stated to the police or in previous testimony. A good lawyer can capitalize on contradictory evidence, which could be helpful to the client, if the factual details are virtually memorized. Thorough preparation of the facts of the case is an essential factor in successfully defending a client facing criminal charges.

Ability to Eloquently Argue Both

Being intimately familiar with the law and the facts is an essential foundation for any defence. Being able to pull the two together in an eloquent argument is what makes a good criminal lawyer successful in court. It is never advantageous to attempt to bully the prosecutor, the judge or the jury in an effort to obtain a successful result. The winning argument is one that is knowledgeable, eloquent and persuasive.

Persistence (not aggressiveness) in Achieving a Successful Result

It is easy for one to confuse persistence with aggressiveness. There is a big difference. Aggressive behaviour, whether inside or outside of the courtroom, only serves to put people on the defensive and, ultimately, alienates the judge and jury. However, persistence in putting forth the position of the defence at every reasonable opportunity can be very effective, in combination with the three factors listed above, in obtaining a successful result at the end of the day.

With these four factors present, an experienced and knowledgeable criminal defence lawyer can take advantage of a number of opportunities to successfully represent a client throughout all phases of the criminal case.

Copyright © 2011 Steven Tress, Barrister and Solicitor. All Rights Reserved Worldwide.

Author's Resource Box

Steven Tress is a with over 20 years experience in Criminal Law. His office is located at 425 University Avenue, Suite 500, Toronto, Ontario, M5G 1T6, and may be contacted for a consultation at (416) 977-3657 or via email:

Article Source:

Tags:   criminal, defence, lawyer

Author RSS Feed   Author RSS Feed     Category RSS Feed   Category RSS Feed


  Rate This Article
Badly Written Offensive Content Spam
Bad Author Links Mis-spellings Bad Formatting
Bad Author Photo Good Article!




Submitted : 2012-02-05    Word Count : 598    Times Viewed: 710