The Life and Careerof Thomas Abbenante, sole practitioner and funny too

Thomas Abbenante scoffs (and laughs) at a recent article that compares his shocking courtroom persona to comedian Jim Carrey's. But Abbenante is funny. The criminal defense attorney laughs easily and heartily, and he admits his courtroom tactics can be shocking.

"I actually just had a trial where I got into the witness chair and started imitating the witness," he said. "I was representing an alleged drug dealer who allegedly had been selling drugs to undercover police officers. The whole issue in the case was the credibility of the witnesses. And one of the things that a jury takes into consideration when they determine whether or not the witness is lying is the manner of which he testifies and what he says, how he says it, body language."

Abbenante was convinced a central witness, a police officer, was lying. So he sat in the witness chair and imitated the officer's body language to underscore his point.

Surely there was an objection?

"That was what was funny about it, because there wasn't," he said. "The point is that I'll do things that no one really expects; and by the time they've figured it out, it's already started, and they don't know what to object to."
Abbenante won the case.

The first in his extended Italian-American family to go to college, Abbenante worked his way through American University and then Howard University law school, where he quickly made a name for himself.

Abbenante joined a criminal justice clinic where students, supervised by their professors, represented indigent clients charged with misdemeanors.

"I did several cases, and a couple of them went to trial. And then I went in front of the jury for the first time in my life when I was a student and tried this case—I still remember the defendant's name—it was a gun case. And he was found not guilty," he said. "I think the jury found him not guilty because they felt so sorry for him that he had this awful law student representing him. They just felt sorry for him. But when they said not guilty, I got such a rush."

Abbenante tried a second case and won, then another and another.

"It got around the courthouse that this student is winning cases here," he said. "I applied for several different clerkships, and I was selected to be a law clerk to one of the judges in the DC Superior Court, and I stayed there for about two years."

The judge was rotated through every division—civil, criminal, probate, etc.—which gave Abbenante invaluable tastes of all the different aspects of legal practice. But he was still drawn to criminal defense, and that has not changed.

After his clerkship, Abbenante figured at a law firm, he would be doing much of the same, drafting opinions and briefs. What he really wanted to do was get back to trying cases.

"So I was crazy, and I was young, and I just hung my shingle out, and the rest is history," he said.

Abbenante has been a sole practitioner ever since. He firmly believes that everyone has the right to a fair trail and good legal representation, which is why he often works as a court-appointed attorney and he is known for charging rock-bottom prices. Most of his work is retained federal cases, and he is known for taking unpopular clients.

In one widely reported case, Abbenante defended a State Department employee who whacked a video store clerk over the head with an overdue movie he was returning. The client, enraged by the video store's late fees, then crashed his car into the store. Abbenante got his client off with community service, convincing the judge that his client's new medication made him act completely out of character.

"I am known as one of the least expensive attorneys in the top list of Washington," said Abbenante, referring to the Washingtonian's list of the top lawyers in the area.

"I charge what I think is a fair fee for my time, but I think it really basically stems from my roots and where I came from. If my parents—if my brother and I had ever gotten in trouble when we were young, my parents would have never been able to afford an attorney. So that's why I still do court-appointed cases in federal court when I'm asked to."

Abbenante's father was a mailman, and his mother was a housewife. To pay for college, Abbenante and his brother relied on scholarships, loans, and part-time work.

"I worked in a car wash; I worked as a waiter; I worked at a grocery store clerk, a check-out clerk; I worked in the produce department, the deli department; and I worked for the federal government as a messenger," he said. "I worked at a bank as a bank teller. What else? A Fuller Brush salesman."

Fuller Brushes had all sorts of brushes—for cleaning, sweeping, brushing your hair. And Abbenante sold them door-to-door. "That will date me."

Abbenante is 52, but didn't want to admit it. "And I'm real good-looking too," he said laughing. He is also shy about having his photo taken, but we charmed a photo out of him for this profile.

When asked about his proudest accomplishments, Abbenante mentions his sons, Michael and Anthony. In fact, Anthony has just graduated from law school. I asked what advice he gave the new lawyer.

"The advice I gave my son is to do whatever you can to have some exposure to the court and how the court system works and the roles the prosecutors and the defense attorneys and the roles of personnel so you can learn how a case gets through the system," he said. "Try to get your feet wet and get some experience before you go out there and take someone's case. Because once you take someone's case, you've got their life in your hands. Even if it's a petty misdemeanor, it's going to affect this person's life. And you need to have something under your belt before you start representing criminal defendants."

Abbenante often takes death penalty cases and says many people facing the death penalty don't get "a fair shake" because they can't afford good, experienced lawyers. When asked the secret to his success, the articulate Abbenante fumbles for words, "I don't want to sound like a big snob." He thinks for a while.

"I think I have a reputation for getting right to the point, not wasting time," he said. "Being able to quickly evaluate the strengths and weaknesses of the government's case. And then to gain the trust of my clients so that they'll follow my advice. And I think that's been the secret to my success."