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Advice to Attorneys by Thomas A. Mesereau. Jr.

published September 05, 2005

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( 106 votes, average: 4.2 out of 5)
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<<>>Mesereau's fame is ironic. He admonishes attorneys who seek fame and fortune and believes such goals are responsible for much misery in the legal profession.

Known for his shock of white hair and his brilliant and often unusual cross-examination skills, Mesereau said winning the Jackson trial with 14 not-guilty verdicts had increased interest in his career, but had not changed him as a man or an attorney. He recently started a new firm, Mesereau & Yu, with his co-counsel from the Jackson and Robert Blake trials, Susan Yu. And he continues to take on death penalty cases pro bono.


"Unfortunately, most lawyers don't want to do pro bono work. They're caught up in their lifestyle; they're caught up in paying their debts; they're caught up in wearing nice clothes and driving fancy cars, and, you know, all of a sudden, they realize they're not terribly fulfilled," he said. "Civil rights work, pro bono work can be extremely fulfilling. I didn't get to Michael Jackson through Hollywood, and I didn't get to Michael Jackson by being known as a celebrity lawyer. I got to Michael Jackson for my work in the black community and my concern for civil rights."

While some believe Michael Jackson was found innocent partly because of his celebrity, Mesereau says Michael Jackson was targeted because of his fame.

"I felt that Michael Jackson was a victim of his own celebrity status," he said. "I felt that prosecutors and sheriffs were trying to make names for themselves and obtain fame and fortune at his expense by trying to exploit the fact that he's a different kind of human being. And I felt he was a victim of what I call celebrity injustice. He was targeted because he's a megastar and they used resources that they would never have used even if he were a serial killer."

Mesereau said that millions of dollars were needlessly spent trying to convict Jackson and 70 officers raided Jackson's home and prosecutors traveled overseas to find people to testify against Jackson. Mesereau is in the initial stages of writing a book on the experience.

"I'd like the book to focus on my views of the justice system, my views of criminal defense, and also use the Michael Jackson case as an example of how injustice can appear in all areas, including how the media treated the case, how the prosecutors treated the case, et cetera," he said.

Mesereau needed a vacation after the case. Now he's working on a book proposal, setting up the new firm, and preparing for a death penalty case in Alabama. He tries one such case a year in Alabama and is passionate about abolishing the death penalty, which he considers barbaric and ineffectual. One of Mesereau's friends was the former director of the American Bar Association's Death Penalty Representation Project in Washington, DC, and she got him involved with a group of attorneys in Alabama.

"She was primarily trying to get the services of lawyers to do appellate work and post-conviction work. I told her that I don't do post-conviction work, that I'm a trial lawyer and I'm willing to try cases," he said. "And she indicated to me that that was highly unusual, that most trial lawyers don't want to go anywhere near a death penalty case pro bono."

Community service has always been a part of Mesereau's life, even before he went to law school. The son of a World War II hero and West Point graduate, Mesereau said it took him years to decide he wanted to work in criminal defense and urged young attorneys to keep trying different areas of the law and different firms until they find what makes them happy. Early in his career, Mesereau tried administrative law in a big Washington, DC, firm and spent a year as a prosecutor, which he disliked. Mesereau is known for putting prosecutors on the stand during trials.

"Don't give up finding a niche that satisfies you. Too many lawyers will go from one firm to another firm to a third firm to a fourth firm and basically finally throw up their hands and say, "It's never going to get better,'" he said. "I think that's a mistake. I think there are fulfilling opportunities for all lawyers if they will really look into who they are and keep trying."

After studying government and international affairs at Harvard, Mesereau worked as a speechwriter on Capitol Hill. He then earned a Master's degree in International Affairs at the London School of Economics before attending law school at the University of California, Hastings College of the Law.

Mesereau said he finally found his niche with criminal defense work, but can't remember the first criminal case he tried. When asked the about his success in the courtroom, Mesereau said the secret is a good memory and old-fashioned work habits.

"I do not use a computer. I don't like them," he said. "I'm known for my prodigious memory when I try cases. I've been known to cross-examine people for days based on what's in my head and looking at documents in front of me. And I feel if I were used to stuffing everything into a computer, I would not stuff it into my head."

Mesereau said he does not talk about his financial situation, but does not consider himself overly affluent. He consistently talks about how fulfillment is more important than money. He is an active volunteer in South Los Angeles, offering legal advice to the poor.

"I really believe that lawyers often miss the boat. They're unhappy in their work; they're unfulfilled; but they never try to find a way out of it," he said. "People with our education and our professional opportunities have many, many options available to them. And one of the options they have is to fight injustice and to make a contribution to society."

In 2003, when prosecutors announced the warrant for Jackson's arrest during a televised press conference, many people were shocked to see the media, prosecutors, and the sheriff laughing and telling jokes about Jackson and the child molestation charges.

"Well, we had the last laugh," Mesereau said. "We got 14 not-guilty verdicts, 10 felonies and four misdemeanors. So I think we had the last laugh in that one."

published September 05, 2005

( 106 votes, average: 4.2 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.