(…well, some of them may be celebrating more than others, depending on how close they practice to New York, but I digress…)

The New York Football Giants beat the (previously) unbeaten Patriots tonight in Super Bowl 42. Great game especially measured by Super Bowl standards – they’re usually blowouts.

And a doubly great game for anyone that’s a fan of underdogs. And criminal defense lawyers, by their very nature, have to be fans of the underdog. After all, the deck is stacked against us.

  • We are up against an opponent with vastly superior resources (the Government).
  • The Presumption of Guilt is difficult to overcome.
  • Long story short, when the client walks into our office for the first time, we indeed are the underdog.

One of my favorite speakers at criminal defense conferences around Texas is Gerry Goldstein. He routinely gives what has to be the greatest pep talk to criminal defense lawyers at the Rusty Duncan seminar.

I won’t try to describe it; if you’ve heard it before, you know what I mean. It makes you want to go back to the office, grab all your files, look for the most hopeless case you can find and immediately set the thing for jury trial. To heck with pretrial conferences, and negotiations, it’s gonna be a Not Guilty.

Somehow, tonight’s game had a similar effect. My wife and I both had to suppress a spontaneous loud cheer (sleeping 18 month old twins just one room over) when Plaxico Burress caught that touchdown to put the Giants ahead in the final minute.

Neither of us are Giants fans. But there’s just something about underdogs.

  • Doug Weathers

    When underdogs win everyone talks about it. Is it the talk of the courthouse when the state wins a trial? But when we win one — everybody knows about it.

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  • Kelley

    Color me crazy, but aren’t we supposed to be presumed innocent? What is happening to the world?

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