Would I Act for Donald Trump?

Yes, I would.

Assuming, of course, that I were still practicing and he required my services in my jurisdiction, yes, I would take on Trump as a client.

With conditions, of course.

Let’s first get out of the way the matter of lawyers picking and choosing criminal defence clients or otherwise socially radioactive clients. Can you just say no?

Unlike doctors, nurses, and school teachers, we as lawyers can and do say “No” to taking on a client, and I’m all for professionals being choosy about the clients they take on. But those who serve in the criminal justice world see things a little differently. While they can say “No”, to do so just based on the unloveliness of the client or his charges would be contrary to the ethos that we are a noble profession, the first line of defense against an arbitrary state which would seek to crush its opponents by criminal litigation, or a clumsy or lazy bureaucracy who just wants to close the file without regard to the impact on the weak and the innocent.

Those who ply the trade of criminal defense may turn down a client, but not on the basis that they or their alleged crime might be icky. We take very seriously that an individual is in fact innocent until the state proves otherwise beyond a reasonable doubt. If the state cannot muster a case, our client should walk free. We take that seriously and proudly. If you were charged with a criminal offense, rightly or wrongly, you’d want us with that attitude in your corner.

So if Trump came to me to defend him against some charge here in Ontario, yes, I would take it on, all other things being equal. I would not say “No” just because I think he’s a creep. That would be contrary to our values.

Just as a surgeon will fight to save the life of an axe murderer, so a criminal defence lawyer will fight to prove the innocence of a previously known serial murderer or rapist. It’s not yesterday’s record or reputation, it’s the case here and now that matters, and on that the jury is, literally, still out.

There remain a dozen reasons, however, why I might turn him away: if he lied to me on relevant matters, if he treats my staff like crap, if he doesn’t give me a healthy retainer up front (given his reputation for stiffing everyone who works for him), if he doesn’t follow instructions, if he doesn’t produce documentary evidence as I ask for it, if he doesn’t give me straight answers to straight questions, if he continuously goes rogue on me, if he runs off his mouth in public, if he doesn’t listen to instructions, if he thinks he’s in charge of the theory and tactics of the case, if he requires me to play dirty tricks or hit below the belt… And I’d have him sign an acknowledgment in advance to all of that.

In other words, if this is going to end badly, let’s not get started.

Over the years I acted for all kinds of people I didn’t really like and with whom I would never socialize. I’ve done cases the details of which I will never share. Pretty disgusting stuff. But part of my promise on being called to the bar was to defend the innocent, and until the jury said otherwise, they were innocent.

But what I did learn about clients and client management is that you need to be defensive in your relationship with clients, all clients*. If they can drag you down or sully your name or impoverish you and your family, then you need to get rid of them sooner rather than later. The ideal time to do this is before you get started with them.

There’s another critical reason to be finicky about your client selection: reputation. In other words, you ask yourself “Will this case enhance or harm my reputation?” Most defence counsel relish the opportunity to take on the most spectacular cases because if they can meet and beat the state, they burnish their reputation. This is equally true for hard tax cases, “impossible” mergers, and gnarly subdivision applications. And it’s equally true for engineers who design the bridge that nobody thought possible and the sales person who lands the deal everyone said couldn’t be done. Slaying dragons makes you look good.

The obverse is also true. If a client is not going to listen to you, you will never get a good outcome, and your reputation will suffer. Aside from his reputation for not paying his lawyers, or anyone, this is why Donald Trump can’t keep lawyers any more than he can keep wives.

Losing cases never feels good, losing cases with the whole world watching hurts even more, and if you’re going to lose your case because your client insists on abusing the judge or saying outrageous things to the press, you’re either very brave or very foolish to keep the client. Your reputation suffers by association.

This same principle applies universally to all callings. If a client or customer enhances your reputation, cherish them. If they affect your reputation neutrally, keep them if they’re a fit, and treat them well. But if they grind you down, treat you and your staff badly, and constantly put you in sketchy situations, show them the door.

Better still, never take them on. You won’t live long enough to get the stain out of your soul and your reputation.

This message is so important that I urge you to forward it to friends who are in any kind of public service profession.

*(If you’re a former client and you’re reading this, don’t worry. You were always on the “good guys” list.)