“Lessons for Multi-Defendant, Joint Defense Group Cases,” Bloomberg Law

August 25, 2022

Defending a client in a criminal case with multiple defendants carries its own unique set of challenges. In an article for Bloomberg Law published on August 25, 2022, defense attorneys from Troutman Pepper and Recht Kornfeld Shareholder Kelly Page shared best practices for working with a large joint defense group (JDG). Page and her co-authors spent the last two years in a JDG that represented 10 individuals charged with price fixing, proceeding to trial three times in less than 10 months.  

“Regular communication among the JDG is the key to long-term success,” they write. “Large JDGs can suffer from too many cooks in the kitchen. Designating a leader who can keep the group on task via regular calls at the onset of the case encourages and facilitates open communication, particularly when consensus is required on strategy issues.”

They also emphasize identifying and maximizing the strength of each member in the JDG and how best to use them. “It’s important to use local counsel for their knowledge of local rules and the judges’ practices, as well as insight into jury selection and the innerworkings of the courthouse,” they note as one critical example.

The authors provide additional practice pointers on developing a case theory, collaboration, coordination and, importantly, asking for a table-setting closing. “If the case involves complicated jury instructions, consider asking for the use of a table-setting closing to preview important jury instructions and discuss the law on behalf of all defendants.”

To learn more about the complexities of deciding trial strategy as a group while zealously advocating for an individual client, please visit Bloomberg Law here and read the full article