Behind the Briefcase: How America’s Top Lawyers Defend Corporations and Their Employees

Defending white-collar crime defendants is more than just going to trial and winning. It is far more complex and complicated. Defending is really a combination of three skills that law firms can offer to keep corporations and corporate executives safe, according to John R. Mitchell, a partner in the Taft law firm and one of the nation’s top white-collar criminal defense attorneys. First, law firms, that specialize in defending white-collar crime, offer their clients “compliance” advice. They make sure that their clients’ policies and procedures are in accordance with voluminous state and federal laws to limit possible infractions. Secondly, white collar crime lawyers often are called upon by corporations or corporate executives to do internal investigations if wrongdoing is suspected from other employees. This often proceeds any law enforcement investigation. Thirdly, the lawyers defend clients who are charged in either state or federal courts with violating statutes. This can be a long and arduous process. Some of these cases take months or even years from the beginning of an investigation until a grand jury would bring an indictment and then on to trial. White-collar defense counsel often negotiates cooperation agreements with federal agents from the inception of the investigation to gather needed evidence but also, to limit the scope of overly broad inquiries, according to Mitchell. About 90 percent of white-collar crime cases are resolved prior to trial, but that last 10 percent mandate unique trial skills and tactics from defense counsel. Mitchell is a Fellow of the American College of Trial Lawyers (top one percent from any state) and has been recognized as Lawyer of the Year for Criminal Defense: White-Collar by Best Lawyers in America. He visits with retired judges Gayle Williams-Byers and Thomas Hodson on this edition of Next Witness…Please and shares the ins and outs of defending white-collar crime charges from their inception up through unique aspects of trial work. Join us on this fascinating journey.