While reading of U.S. Atty Michael Shelby's move to Fulbright & Jaworski, I began to ponder if there is life (work life, actually) after I hang up my D.A.'s hat. Anybody interested or willing to tell of their future aspirations? For those of you who have jumped to private practice or other careers, would you recommend it? And why or why not? Please feel free to post the experiences of others who have made such a move as well.

I prosecuted from 97 - 2001, then began my own practice. The move has had ups and downs. The income can be good if you are motivated, and consistently do a good job, so that is a plus. However, be prepared to do 6-9 months before breaking a profit.

However, in prosecuting you get a surly officer/deputy every now and then, but rarely after 5. The officer/deputy does most of the investigative work, and if he doesn't you send him back out for more. You will rarely get that luxury as a defense attorney. If you are lucky, the judge will give you $500.00 of investigative fees on the case, and you must use them judiciously. As a prosecutor, your investigator is on call through trial. As a defense attorney, you hope you have enough investigator funds to last to trial day, and if you do, you hope that ANY investigator you call would handle a last minute, future payment request. You shell out a lot of your own money.

Your clients will do one of two things: Call incessantly, or disappear leaving you calling all over town, many times to a phone number where no one speaks english, and you don't speak their language either. Their families think it is their mission to hide the client like the French underground. Even if you get the best deal possible for them, they think you sold them out. To illustrate: I got a dismissal for a client once, and that client had the nerve to chew me out all the way back to my office, and fail to pay the remainder of my fees. Even though I sought that clients 'permission' to pursue a dismissal, and received it (you see, we have to be cognizant of what they want, and what their best interests are), that client wanted to be vindicated through a jury trial process (and in my professional estimation, that client would not receive the vindication that client was looking for). The clients family will also call you, all the time, wanting various information as if you are now the family lawyer. No one is really available until after 5 p.m.

As a DA, you will handle Felony cases, Misdemeanor cases, or both. Either way, you can make a deal that suits your client. As a defense attorney, you will be appointed to the Felony, but not any accompanying misdemeanor that may affect sentencing, or ultimate issues. Despite that making the most sense, Courts are reluctant to appoint the same attorney to both. You have to make phone calls, find out who the other lawyer is, and try to make a deal inspite of the other lawyers advice to your client.

You'll run across prosecutors that have been in the business for years and don't take anything personally, and ones who think it is their goal in life to squash your one (low level) offender like a capital murderer.

However, on the up side, I learned in defense practice how unreasonable I was as a prosecutor. I think that everyone who was ever a prosecutor (or judge) should have had to spend at least one full year as a low paid defense attorney. I certainly got a lot of perspective on justice in particular, as opposed to justice in general.

What Beck Gibson said is true... investigator woes, client contact problems, and thinking that we are all part of the prosecution team make the defense side difficult.

I prosecuted in Wood County from 1995-2001, and in Harrison County from 2003 until just recently. In the interim I served as an Air Force JAG. The JAG Corps rates as some of my best experiences ever, but much of that might be due to the fact that I got called up as a Lieutenant Colonel instead of as a First Lieutenant or Captain. RHIP, I guess.

The military justice process is frustrating, however, if you have experience as an A.D.A. A simple plea takes at least a half a day, and even plea bargains get litigated as to punishment. The plea agreement serves as a sentencing cap. If the judge or members give a sentence that is less than the plea agreement, the accused gets the lesser sentence. If the accused gets a higher sentence from the judge or members, then the agreed sentence is imposed. Drove me nuts. Plus, the prosecutor doesn't get to make the deal. The convening authority (normally a general for felony offenses) must approve all agreements before they are offered. The reason is that the commander must ensure good order and discipline, as well as fairness within the command. In addition, for most JAGs, being a trial lawyer is an "additional duty". You also work government contracts, legal assistance for servicemembers, retirees and dependents, give training on the Law of Armed Conflict, work on investigations of various types, review environmental issues...plus you get to run early in the morning and do lots of push ups and crunches.

Now I am a defense lawyer. Beck Gibson speaks the truth. Some of the practice is better because there is a lot of freedom, but the docket controls all.

If you can find it, get a copy of Deborah Aaron's book "Running From the Law." She profiles dozens of attorneys who opted out of the legal field for other, more satisfying careers. It was printed by Ten Speed Press back in 89/91. You might find a used copy on Amazon.com. I really enjoyed reading it (two or three times) but in the end, stuck with the law. I was in the AF for 28 years, 25 years as a law student and then a JAG. After retirement I did post-grad work, but ended up in solo private practice for two years and then was elected county attorney. (Fulbright and Jaworski didn't send me any invites!)

It took you 25 years to get through law school?

Mike, is there something you want to tell me about my future employment?

Forgive me for being unclear. Yes, I spent 25 years attending law school. They finally got tired of me and kicked me out with a J.D. I then spent another 22 years as an Air Force JAG. I'm now 110 years old!

Dan, what are you saying? mikebartley@neto.com

Actually, I was asking Mike Little, my boss for the moment.

Go back to coaxing your wife to having that baby, Dan. Not to worry... just looking down the road a bit. Actually, with one in med school and another in college and then probably to law school, I'm looking way, way down the road. However, by the time your little ones are in college, I'll probably be a little tired of fighting crooks and commissioners. However (once again), if Fulbright & Jaworski should call..., well, I'll be sure and give you two weeks' notice of my departure (-;

Mike,

Have you considered an option right under your nose? Glenda, my former sec'y in your office, is off in Iraq, making the Long Bucks, shooting AK-47s, and apparently having the time of her life.

I'm sure she has contacts that could get you right on. In fact, I know she has, since she's made that offer to me, and I was sorely tempted.

But I've been married about a year now, and I fear my roving days are over, at least for now.

There are a very few state jobs, mostly in Austin, that allow you to continue in criminal law without having to do defense work. I consider myself extremely lucky to have found one.

Mike,

After being in private practice and then being the elected, I stayed in prosecution. As the other posts from defense attorneys noted, being in private practice is a 24/7 job with monetary reward (sometimes, if you're lucky), and few other benefits. You often find yourself having to be in three different courthouses in three different counties at the same time, and you must decide which Judge you can p.o. and which Judge you can't! It's a job best left to the young and energetic. But being a Prosecutor--what could be better? You always get a paycheck (albeit a small one), and at the end of the day, you usually feel good about what you have done. Even at F&J, you must have those billable hours, or you don't get the big bucks for long. I say, stay a Prosecutor (the retirement pay isn't too bad, either).

Defense work? Iraq? F&J? Man, you guys have made me feel like a huge slacker. I was kind of thinking that when I tire of this Lord's Work gig, I might just go open a flower shop or become a Starbucks barista (I hear the benefits are good) or something equally as challenging...... I guess I better start re-thinking my aspirations!

Terry Breen is married? Congrats to you and good luck to her! Just kidding, best of luck to all!

Does she hunt, fish, or keep applications to the French Foreign Legion in her desk for those who want nollies in exchange for joining the service?

Did you really spend 25 years in law school? In what state?

NO, OF COURSE NOT! I was just pulling the person's leg who objected to my lack of clarity in a previous post. It should be duly recorded in the academic records at Texas Tech Univ School of Law that I completed the obstacle course in 2.5 years.

After 18 years as a prosecutor, I still got a way to go and can't imagine doing any other job in the legal profession. Hopefully the voters will continue to let me do it 10 - 15 more years. My wife is a family law attorney and she keeps me from believing in the "grass is greener" illusion. I AM, however, looking at getting my Phd. so I can twist young minds someday just in case I decide to take another path (or others decide for me).

You guys are impressive. Serving our country. Finding a niche at a deep rug firm. Peddling fine caffeinated beverages. Settling into academia. Wow. I did solo practice for a while before being blessed with my current gig, so I have no burning desire to return to chasing clients, sending bills that are just as likely as not to fall on selectively deaf ears and praying for enough business to pay the rent and the secretary (actually, I was too poor to have my own secretary). After review of my life experiences, and the anecdotes some of you have shared, I remain steadfast in my ambition for post-prosecutorial work: I'm going to be Jimmy Buffett.

Let me know when you are going to put on the flip-flops and I will send an application to be hired as your margarita mixer.

Where it all ends, I can't fathom my friends
If I knew I might toss out my anchor
So I'll cruise along always searching for songs
Not a lawyer a thief or a banker