Nancy Grace & Public Perception

I was listening to CNN this morning as I was getting ready for work. The news anchor was interviewing Nancy Grace. Nancy Grace, a former prosecutor, is a commentator on both Court TV and CNN regarding legal, particularly criminal matters. At one point during the segment, the interviewer asked Ms. Grace why she didn't like criminal defense lawyers. Ms. Grace replied that it is not that she didn't like them just that, "I cannot imagine standing in front of a jury and B.S.ing my way to an acquittal".

I find her remark troubling on many levels. First, though least important, is that a member of my profession would use the term "b.s.ing" on national television. More important, much more important, is her thinly veiled allegation that to be a criminal defense lawyer is to engage in unethical behavior. There is no way to understand her use of the term 'b.s.ing' to mean anything other than lying. Lying in court is unethical in a professional sense and immoral in every other sense. I have many acquittals to my credit, but never have I lied in court. I will talk frankly about what the evidence shows, and what it doesn't show, but I have never, and will never, be untruthful. I am very comfortable saying that all my colleagues hold themselves to this same standard.

I am also troubled that Ms. Grace's opinion represents, and/or influences, the public perception of what criminal defense lawyers do. The implication is that while defense lawyers are flim-flam artists, prosecutors are noble warriors, carrying a torch for the truth. The reality is quite different. The fact is that both sides try to present their case as best they can, both sides play up certain evidence, while playing down other evidence. I find that most prosecutors do an excellent job, are hard-working, smart, and dedicated. Are there those--on both sides-- who do mislead, or unethically manipulate the jury? Of course. Just as neither side has monopoly on the truth, neither side has a monopoly on ethical behavior.

As a Christian, I am called to never lose sight of what is right and what is wrong. The practice of law, particularly criminal law, is fraught with opportunities to bend or break the rules. It is easy for someone without a strong moral grounding in absolute truths, not relativistic mores, to slide down a slippery slope of bending rules, to breaking rules, to lying and cheating, and unethical behavior of all sorts. As a Christian lawyer, I have an unbreakable moral compass, that no matter how rough the seas points me in the right direction. I have a sense of right and wrong that does not change from day to day, and I am moved by Christ's perfect example to always strive to be more like Christ. I will always fail in this regard, but I will always try to improve myself, just a little bit. As a Christian criminal defense lawyer, I hope that I (and my brethren) prove that Ms. Grace is wrong every time we go to court. I hope that we show that defense work is not about 'BS'. I hope that with the strength of our faith we show what love and compassion can do. I believe that we give hope to those that have none, and we speak for those that no one else will speak for. I pray that in our hearts we know that we serve Christ by serving others.

Ms. Grace is wrong. Defense lawyers do not b.s. their way to acquittals. As lawyers and as Christians we must strive every day to speak the truth, and to prove just how wrong she is.

Peace & blessings,

Matt