In criminal law, the stakes are high, with a person’s life, reputation, and future on the line. For new attorneys entering this field, research and analytical skills are key. However, one skill often overlooked in law school becomes invaluable here: empathy. Empathy is not only crucial to connecting with clients on a personal level; it’s also a powerful tool for managing risk. When clients feel understood and supported, they are more likely to make informed decisions regarding their case and far less likely to make impulsive decisions that could harm their case outcomes.
These are five tips regarding when and how to show empathy in your criminal cases.
Effective client communication is essential in empathetic advocacy. Every interaction—whether explaining the legal process, discussing case options, or simply listening to the client’s concerns—presents an opportunity to show understanding and build trust. Clients can sense when they are “just another case,” often through an attorney’s ability to recall details or show genuine interest in their well-being. Practicing active listening, encouraging clients to share their thoughts, and remembering key details helps clients feel valued and understood.
You and your team should aim to provide regular updates to your client. During regular check-in conversations, showing empathy can be as simple as asking how your client is managing during this process. For example, many clients who are detained while awaiting a case resolution face harsh conditions while detained, impacting their well-being. Showing empathy by inquiring about their circumstances and, if possible, taking steps to improve them can foster a stronger attorney-client relationship.
If your client does not regularly hear from you, they can easily assume that you are not prioritizing their case, which can lead to them resorting to other ill-advised (and possibly illegal) methods of self-help.
While you and your team may have more legal knowledge, listening to and considering your client’s ideas is also important. Again, many criminal defendants are detained while awaiting a case resolution, so they have ample time to reflect on their case and identify potential defense angles. Even if these ideas are not feasible, listening patiently and respectfully addressing their suggestions can reinforce trust. If you know an idea won’t work, offer a clear, respectful explanation.
For ideas that merit further investigation, do take the time to explore them and follow up with the client. More importantly, because you are often juggling multiple cases—while your client is focused on their own circumstances—there are times when your client’s suggestion could be particularly valuable to their case, and dismissing your client’s thoughts can be detrimental. More generally, ignoring your client’s input can lead to frustration, erode trust, and potentially contribute to your client making poor decisions.
Plea negotiation is another time when empathy is invaluable. Even when trial prospects are uncertain, clients may resist accepting a plea for various reasons, such as the stigma associated with a guilty plea, a strong sense of innocence, or concern about the impact on their families. Effective representation involves preparing clients for all possible outcomes while acknowledging and validating these concerns. When clients feel heard and understood, they are more likely to trust their attorney’s advice, potentially leading to better decision-making regarding plea deals. Notably, time is often of the essence as well. In criminal cases, the government may advise that a plea offer is available for a limited time or will worsen over time. Accordingly, building a solid relationship with your client can only help during these difficult conversations.
In representing a criminal defendant, particularly as a junior member of your case team, you may also be tasked with communicating with your client’s family members. Family members often seek reassurance about their loved one’s case, and empathy plays a role in handling these delicate conversations. However, it’s crucial to maintain clear boundaries to avoid overextending. While an hour-long call with a client’s spouse may occasionally be necessary—such as after a major case development, when family members may have more questions or concerns—it should not become the norm. Additionally, when necessary, gently remind family members that while you’re committed to representing their loved one, you cannot provide separate legal advice to them.
While empathy is essential, it does not mean you should simply tell your clients or their loved ones what they want to hear. As a junior attorney in particular, you will not have all of the answers—and that is OK. If a client or family member asks something beyond your knowledge or seeks reassurance about an outcome, it’s best to be honest. Explain that you’d prefer to confer with your team to ensure the most accurate response. Moreover, in situations where your client or their family are searching for hope, clarify that you can’t make promises regarding the outcome of the case but that your team is working hard to achieve the best possible result. This approach reinforces your commitment to honesty and shows that you prioritize accurate and thoughtful responses.
Empathy is often viewed as a “soft skill,” but it’s a powerful asset supporting effective client relationships, risk management, and advocacy in criminal defense. For new attorneys, practicing empathy isn’t just about personal growth; it’s about creating a foundation for trust and better outcomes in the most challenging cases. By integrating empathy into client communication, plea negotiations, and interactions with families, junior attorneys can mitigate risks and help clients feel truly heard and supported. Empathy isn’t a luxury in a field with so much at stake—it’s necessary to deliver effective and meaningful legal counsel.
