Is Biglaw Learning The Magic Secret?

I didn't see this coming.

In his celebrated career as a criminal defense lawyer, Gerald Shargel has represented Mafia bosses, corrupt politicians and celebrities in hot water, while trying more than 125 jury trials along the way.

Now, four decades after hanging out his own shingle, Mr. Shargel has closed the law offices of Gerald L. Shargel L.L.P. and on Monday will announce that he is joining the corporate law firm Winston & Strawn as a partner in its New York office.

The last time I saw Gerry Shargel, he was seated in the box in a trial before Justice Daniel Fitzgerald.  Gerry gave the hi-sign from the He-Man's Woman Haters Club, and the judge cut him loose. Over my objection, I might add. I argued there was no reason he couldn't be fair to both sides, and wanted the prosecutor to burn a peremptory challenge on him.  The judge wasn't taking a chance.

For those who aren't familiar with the name Gerry Shargel is something of a legend in criminal defense, one of those lawyers who are universally recognized as the best around. Even though he could stand beside lawyers with the whitest of shoes without looking at all awkward, he was one of us.  He was a criminal defense lawyer, who would defend a murderer with the same skill and aplomb as a CEO of a multinational. 

Unlike the guy from the thousand-person firm, Gerry Shargel didn't have a coterie of underlings filling up the seats behind him.  He carried his own bag. He spoke his own words. He was a lawyer.

And now he's working for them, a cog in a very large wheel called Winston and Strawn.

I can completely understand why Gerry would want to make this change. It's a change that hits a lot of people over time. Do something long enough and you need new challenges, new approaches, maybe just a change of scenery. And Gerry has certainly done it all as a criminal defense lawyer, and done it better than almost anyone else. 

Perhaps this means he wants to handle the fun parts of criminal law, the trial of an interesting case, or the argument of a motion that amuses him. Maybe he wants to shed the burden of managing the office, dealing with the petty annoyances of squabbling staff and disappearing yellow pads. It would be no surprise if he sees the chance to cash in on his cache, knowing that the money corporations are happy to pay Biglaw dwarf even the fundage paid a top-notch solo like Gerry.  He's paid his dues many times over, and no one should begrudge him if he wants to secure his retirement or his legacy.

Much as I might like to snarkily sneak in the notion that it doesn't hurt to see one of the competition go to the dark side, even I'm not shameless enough to say so. There are a handful of lawyers at the peak of criminal defense, and Gerry is one of them.  He was never my competition, though it would be a huge thrill to believe for a moment that was the case.

But what makes this news most striking is that Winston & Strawn has broken the mold. They have no "criminal defense" division. Oh no, Biglaw doesn't do "criminal defense." They do "white collar and internal investigations."  And they do it with a very long list of lawyers who "specialize" in criminal defense white collar, almost all of whom have one glowing virtue to commend them to any self-respecting corporation: they all held very important positions in the service of their government before joining the firm.  Because there is nothing corporations want from their white collar lawyers more than the pretense of inside access. It's like lobbyists with law degrees. How cool is that?

Gerry, on the other hand, went to Brooklyn Law School, not Harvard or Yale. He has his own website, where he puts all the usual crap, including his 9.5 rating from Avvo. Of course, he also includes the cover of the New Yorker magazine about him, not to mention a few others, which few others can do.

But what Gerry can do is try the pants off of all of them. Maybe this signals a paradigm shift, where pedigree and "prior government service" no longer trump skill and experience. Maybe Biglaw has figured out that criminal defense lawyer can do a better job defending their clients than former law review editor.  Maybe.  Or maybe somebody at Winston & Strawn realized that Gerry Shargel is one of the best criminal defense lawyers around.

Either way, best of luck to Gerry Shargel. I hope he finds the change of pace in the fancy hallways to his liking, and makes a ton of money, not that he didn't do that before, but well, why not.  And I hope the fine ladies and gentlemen of Biglaw appreciate the talents of a solo criminal defense lawyer, and recognize that they are fortunate to be allowed to learn at his knee.  Whether or not they've learned the magic secret to successful lawyering, that it's the lawyer rather than the pedigree, has yet to be seen. But if they don't learn it from Gerry Shargel, they never will.




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