Not Making a Murderer: How to Win at Criminal Law

We now interview Kevin Ross, who speaks on all you need to know to be a successful criminal law attorney.

You say that your success is due to the mentoring you received – what should young lawyers do to find a mentor when beginning a practice in criminal law?

You want to be the best you can be, my advice is to find lawyers who are the best at what they do and watch them and learn from them.  I learned from some of the best and most respected criminal defence attorneys in Texas.  I learned by watching them, engaging them in strategy, brainstorming cases, reading their briefs and arguments, and watching them argue issues in court.  They taught me how to use the tools of the trade, and provided me with the invaluable tips to be more effective and persuasive.  They taught me and pushed me to be the best I could be.  They mentored me, and for that I am forever on a path and pursuit of being the best at what I do.  Be yourself and find your style, but learn from those who do it right, who are effective and who are respected.  Seek them out and engage them.  I have yet to find a lawyer who would not graciously give advice and train a young lawyer who seeks their wisdom and knowledge. Ask to sit second chair in trial; work for them for free if necessary, you will not regret it.

What are common mistakes that clients make when they find themselves under arrest or investigation?

• Being adversarial with law enforcement.
• Trying to talk their way out of the situation by themselves.
• Failing to invoke their right to be silent because they feel pressure to talk and believe that if they don’t it will look bad for them.
• Trying to explain everything to family and friends.
• Waiting to hire an attorney believing that if they don’t think about it, it will go away.

In your federal white-collar fraud practice, what are the biggest challenges you face in preparing a client’s defence?

1. • Complexity of the case;
   • Analysing and processing voluminous discovery in document intensive cases; and,
   • Finding ways to make the case interesting and compelling for a jury so they stay engaged with the facts and remain on the edge of their seat for what’s about to happen next.  It is creating a real and engaging courtroom drama for them to actively participate in.

What are your three keys to seeking the best possible outcome in a criminal case?

1. • Hard work and preparation.  There will always be someone smarter than me, but there should never be anyone who will out prepare me.  You must be relentless to be the best at what you do.  Preparation is the key.  It is not casual nor optional, it is essential.  If you do not have the grit needed to work the case up, you are not giving the client what they deserve. When the case is over, I want to be able to look myself in the mirror and say, “no regrets, no reservations…I gave it my all”.  When a client sees that you have worked hard and put everything you have into the case, then no matter the outcome, they will know that you did everything you could possibly do, and it will be appreciated.
   • Building a professional working relationship with the prosecution.  I work under the philosophy that having a good working relationship with the prosecutor is more beneficial than starting off adversarial.  The time for being adversarial is in the courtroom during trial.  A criminal trial is akin to war.  The weapons of war are effective cross-examination, the rules of evidence and criminal procedure and using them to your client’s advantage and knowing how to relate and engage the jury so that they trust you and understand your theory of the case and want to decide in your client’s favour.  You are always professional, but consider yourself a skilled warrior.  You are after all battling for the freedom of another.
   • Understanding the rules of federal criminal procedure and evidence while strategically applying them better than anyone else in the case.

Aspiring to be the best lawyer you can be requires a mastery of the rules of criminal procedure and evidence at a minimum.  Yet, you also must hone your craft every day, continually learning and growing in the knowledge and practice of trial advocacy.  When you stop seeking to learn, someone will pass you in aptitude and ability.  Practice makes perfect.  The moment you think you have arrived and your ego tells you that you are the best, that is when you will get beat.  Pride comes before the fall.  Never think you know it all, always be learning and honing your craft to be a dynamic trial lawyer.

Kevin B. Ross

Board Certified in Criminal Law

Law Office of Kevin B. Ross, PC

8150 N. Central Expy, Ste. M2070

Dallas, TX 75206

214-731-3151 office

www.rosscrimlaw.com

Criminal defence Attorney Kevin B. Ross is Board Certified in Criminal Law by the Texas Board of Legal Specialisation.  He is a highly regarded criminal defence attorney in Texas. This is evidenced by his peers in the legal community voting him as a Texas Super Lawyer, a service of Thomson Reuters, from 2013 to 2017 and his past recognitions as a Texas Super Lawyer Rising Star from 2004 to 2011. Those receiving this recognition are selected based on ethics, experience and reputation. In addition, Ross holds an AV-Preeminent rating from Martindale-Hubbell for ethical standards and legal ability.

Criminal law is a serious and intricate process that requires expertise and strategic thinking to successfully defend clients faced with serious charges. The right firm handling your case can make the difference between incarceration and remaining free. We work to protect your rights throughout the legal process, providing an experienced and effective defense.

We represent clients who have been accused in a number of state criminal categories, including:

Drug Offenses

Sexual Assault

DWI (Driving While Intoxicated)

Unlawful Carrying of a Weapon

Minor in Possession or Consumption of Alcohol

Online Solicitation of a Minor

Bank Fraud

Theft