The Power of Empathy: It Turns Cases into Wins
Imagine you’re a citizen of Chicago in 1924. You’ve just been granted the golden ticket—a pass to sit in the gallery for what’s being billed “The Trial of the Century.” Long before TV and even longer before Court TV, you’re just as fascinated by the sordid details of crime as anyone today. But you’ll have a front row seat to hearing two men responsible for a heinous murder get sentenced to death.
Or so you think.
To clarify, the trial I’m referring to was very real—the infamous Leopold and Loeb case. Nathan Leopold and Richard Loeb were young men hailing from wealthy families. They could have done anything with their lives. Instead, they attempted the “perfect murder,” killing a 14-year-old stranger named Bobby Franks. Unfortunately for them, the bungling pair left physical evidence at the scene and confessed when confronted by police.
The public was screaming for blood, and the district attorney sought the death penalty. In many cases, the pair probably would have received death. However, their parents hired one of the greatest lawyers in American history, Clarence Darrow. The defense he gave his clients is one for the history books.
Darrow rose to fame in an era when lawyers were not the celebrities they are today. He achieved such prominence due to his courtroom skills. Brilliant, he had a sharp command of the law, enabling him to outmaneuver courtroom opponents. He also spoke with gravitas to judges and juries alike. But more than this, Clarence Darrow had a secret weapon, one which enabled him to convince a judge to spare the lives of Leopold and Loeb—empathy.
Empathy is the ability to share an understanding of another person’s thoughts and emotions. Darrow used empathy to humanize his clients to a court that saw them as monsters rather than people. He accomplished his goal: instead of the death penalty, his clients received life in prison plus 99 years—a severe punishment, yet a remarkable legal victory under the circumstances.
Darrow’s closing argument is a masterclass in empathy. Here’s a brief excerpt to illustrate his approach: “Now, Your Honor, you have been a boy; I have been a boy. And we have known other boys. The best way to understand somebody else is to put yourself in his place…” You can read it in full here.
For now, let’s recall this occurred back in the 1920’s. Does empathy still matter today? In my practice as a criminal defense lawyer, I find empathy is just as vital as one’s IQ. In fact, empathy is the cornerstone of a good defense, serving as a shield against aggressive prosecution and a crucial bridge to client trust. A key aspect of my role is helping judges look beyond the charges—to understand the personal story behind the legal misstep.
Despite what gritty police procedurals like Law & Order may portray, most people in legal trouble did not set out to commit serious crimes. Instead, many struggle with underlying issues such as untreated mental health disorders or addiction. Or they may experience momentary lapses in judgment, clouding their rational decision making. When it comes to contributing factors capable of landing people in legal trouble, this is just the tip of the iceberg…
When representing clients, I set out to identify these factors to humanize them before the legal system. I establish who my client really is as a person through something called a mitigation packet. It’s crucial to expand on this material, demonstrating my clients’ sincerity by highlighting their accountability, remorse, and proactive steps toward rehabilitation. I firmly believe every client deserves fair treatment by the legal system, and as a defense lawyer, the process starts by appealing to empathy to explain to the court who my client is, how they feel about their actions, and how they will work towards a better future.
Returning to the mitigation packet, this comprehensive legal brief explains my client’s background, the factors contributing to the state of their life and current legal dilemma, and what efforts they are already taking towards rehabilitation. Over the years, such mitigation packets have served as powerful tools to evoke empathy from judges and influence sentencing decisions.
The mitigation packet may be seen as mostly a tool to aid defendants in violent crime cases. Interestingly, it works just as well—if not better—in white collar crime matters. In these instances, my team and I seize the initiative by establishing the positive aspects of a client’s life and career, especially how they plan to get back on track. This can very much position them positively before a court predisposed to view white collar defendants negatively.
Until now I’ve focused on how empathy helps me connect my client with the court. Empathy is just as crucial in my relationship with clients. When lawyers show genuine understanding and care to those they represent, it creates a cascading positive effect. In turn, clients are more likely to fully trust their attorney, communicate openly, and follow legal advice more diligently.
We can think about the matter this way. Every day, I have tough and often uncomfortable conversations with clients. I meet them at their lowest—when they are lost, overwhelmed, and, quite frankly, scared. To build the best possible defense, I must first reach out a hand to cultivate understanding.
It’s the most practical way forward.
Empathy isn’t just a legal tactic; it’s a lifeline—both in and out of the courtroom. If you or a loved one is facing potential criminal charges, please contact me. Also do not speak to law enforcement officers until I am present.