Approach to Criminal Defense

Mr. Cosby's approach to being a successful criminal defense lawyer over many years has involved the following concepts:

- Be creative - A good defense attorney needs to use his imagination coupled with his experience. He needs to learn to think outside the box about his case and be creative in his approach. He should, at times, if necessary, look at the case in a new and different way if he can, to try and find a weakness in the prosecutor's case, a technicality, a new legal argument or a different tactic.

- The Best Defense is a Good Offense - The best way to approach a case is to be ready for battle in the court room. In other words, be fully ready to try the case and let the prosecutor know it. If the prosecutor believes the defense attorney to be weak, unprepared or unwilling to fight, he or she may try to take tactical advantage of this situation. The defense attorney who is willing and ready to challenge the prosecution is in a better position to help his client.

- Know How the Prosecutor and the Police Think - It is important for a defense attorney to try and see the case through the eyes of the prosecutor and the police. Since the defense attorney is going to go up against the prosecutor and the police, he needs to anticipate how they will approach the case. It is helpful to know in advance what the prosecutor is likely to do, what legal issues he will raise, how he will prepare the case, what his tactics will be, and how he will argue the facts and the law. To have knowledge in advance as to what the prosecutor and police are going to do, is for one general to be aware of the battle plans of the other general before the war begins.

- Preparation is the Key - A defense attorney can look sharp and speak well, but if he is not prepared then he cannot properly defend his client. A vigorous defense depends on such matters as researching and knowing the law, learning the facts of the case, planning trial strategy and tactics, preparing the defense witnesses and the defendant, filing necessary motions and having hearings on them, obtaining discovery from the prosecutor about the prosecutor's case and learning what issues exist in the case.

- Keep the Client Fully Advised and Involved - A defense attorney needs to keep his client advised of what he is doing, why he is doing it, and thoroughly discuss the client's thoughts and wishes about the case. Criminal defense must involve a good relationship between the defense attorney and his client. The defense attorney must develop and maintain a relation of trust and mutual respect with his client.