Reid Weingarten discusses trial strategy and past high‑profile cases

White Collar Titan Reid Weingarten on Juries Clients and the Scariest Federal Prosecutor... Page 4 of 5 lf | think there’s a real likelinood there’s going to be a trial, I'll make a file for opening, a file for closing, a file for putting the client on, and I'll make a cross-examination file for the snitch or snitches. If I’m taking a walk or kayaking in the North Atlantic or sleeping and have a thought, |’ll throw notes in there. Two days before the opening, I'll go through the notes. ’ll have it largely in my head. | used to have a chocolate Lab |’d walk in the woods behind my house. I’d talk to myself, and I’d talk to Emma the chocolate Lab, and we’d try things and l’d practice my opening with her, but only with her. The notes | toss in those files end up being what | do in court. LD: You’ve been described as “almost constitutionally incapable of settling a case.” Do you think that’s true? RW: No. I’ve had a lot of trials, but the great majority of my advocacy is done in prosecutors’ offices. I'll say one or two things. One is that ‘this is not a righteous case, and here’s why,’ and/or ‘If you bring it, I'll kick your ass.’ | find sometimes No. 2 is more effective, especially if it’s a high-profile matter. In that sense, the case doesn’t go to trial. But Jesse Jackson Jr., for example, pleaded guilty and went to prison for couple of years. | didn’t do it because | am a snitch lawyer or because I’m a rollover guy. | did it because the evidence was overwhelming, and there was no choice about it, and it was in his interest. And of course it was what he wanted to do. | settle cases. But the people who come to me generally are people who have thought through the issues and decided there’s a real chance of a scrap, and someone recommends me. Those are the people with whom | have the initial conversation, not people who are looking for an old-timer who routinely gets the best deals. Those are not the people who come to me. LD: How do you handle losses? RW: Do | want to throw myself off a bridge? Yeah. It’s interesting psychologically—| just had this very nice win in New Orleans. | expected it, | was gratified, I’m very fond of my client, | was pleased—and three minutes later I’m done, on to the next one. When | lose, | replay the spool and second-guess myself constantly. It’s hard to shake. The pain of a defeat is much greater than the joy of victory. | don’t know why that is—I wish it were otherwise. LD: Is there one win that stands out as particularly satisfying? RW: It would be hard to separate them out. A couple come immediately to mind. | represented a kid named Lamar Owens. He was a black Navy quarterback accused of rape by a white young woman who was his classmate. He actually moved into my house and became close friends with my son. He was acquitted of the rape charge. | represented Ron Carey, the president of the Teamsters, during 9/11. | actually saw the second plane go into the tower. And we came back two weeks later when the court was put back together and got an acquittal. That was a huge experience. http://www litigationdaily.com/printerfriendly/id=1202736534962 9/8/2015 HOUSE_OVERSIGHT_023105