The Practice of Law

As a Federal Public Defender, I am representing real clients in real situations. The particulars of the case are what is important.

What type of law have you practiced prior to the work you currently do?

David Magariel I worked for two years with the Johnson County Public Defender right out of law school. I also had experience working with a small boutique firm and had my own firm too. I returned to the Johnson County Public Defender office before landing my current position with the Federal Public Defender office.

Kurt Level I worked in a big firm during as a clerk and also working with my own litigation firm. I joined Koch as a litigator and have mostly worked for Koch since that time, though I spent one year practicing in Las Vegas before returning to Koch.

Korey Kaul I have practiced plaintiff law where two cases resulted in judgements of 50 cents total. I worked in insurance law too, before the appellate defender position.

Would you briefly explain the work you do?

Kurt Level I represent Koch Industries in employment litigation. My cases begin with an EEOC investigation which can take between six months to three years. There is not much actual trial litigation, most of the cases are settled through mediation or summary judgement. This phase can take from one to three years. There can also be appeals to state and federal court.

Korey Kaul I represent clients who are either indigent or who, because of the trial process, have become indigent and cannot afford an appeals attorney. The determination of indigency occurs at the district court level. Cases might be theft, rape or even murder. We do not handle capital cases.

Once our office receives a case, we order transcripts which can take a couple of months to receive. We have approximately 90-120 days to file our briefs and the State gets four months. Then it takes a few months for the hearing to appear on the court calendar. Decisions are typically made within two months of the hearing date.

First degree murder cases go to the Kansas Supreme Court while other cases go to the Kansas State Court of Appeals.

David Magariel The majority of our cases involve drugs or gun charges, though we do also have financial and crimes involving electronic fraud. Any crime committed on a military basis is a federal issue too. Some cases can be tried on both the state or federal level. A determination of indigence must be made before we can represent these clients.

We are assigned cases on a rotation basis. I typically have between three to five cases. Most of our cases are generated by grand jury indictments. We then have to wait for a pre-sentence investigative report which can take up to three months to complete. Most federal cases take a minimum of 90 days to complete. Approximately 90-95% of our cases are plea bargained. Often this is a strategy for the client to avoid the mandatory minimum sentencing levels established at the federal level.

How is the type of law you practice related to the practice of law in general? Why is it important to the American legal system?

Korey Kaul The State possesses tremendous power to convict and sentence offenders. We provide a review of the trial to assure it was a fair trial and that our clients received their due process. Erroneous sentences do occur, and we want to provide another review of the case. Additionally, our job is to help interpret what these statutes mean and that there is a consistent application of the law.

I once represented a gay woman who had her children taken away. The foster parent convinced the children to lie about abuse in the trial. When the son’s testimony was thrown out, I was able to free my client from jail.

David Magariel Before the Gideon v. Wainwright decision, there was no guaranteed right to counsel. We play an important role in the judicial process. I like to say my job is to make someone else’s job more difficult. It should not be easy to take someone’s liberty away. On a professional development level, the Federal Public Defender office serves as a resource for public defenders and defense lawyers.

Kurt Level I work for Koch Industries providing advice and counsel for the entire process from pre hire to post termination. Under the law, corporations deserve the same right to counsel in a lawsuit as an individual.

Was there a moment or an inspiration which led you to choose the law as a profession?

Nicolas Shump I had an opportunity to do an internship with the Department of Justice in Washington, D.C. when I was in college. Through this experience, I learned that the ability influence policy issues like Civil Rights would be possible with a law degree.

Kurt Level When I was a senior in high school, I was called for jury duty. I ended up being selected as the jury foreman for a criminal trial. The defense attorney impressed me, and I fell in love with the idea of trial work as a career.

What do you wish the general public better understood about the type of law you practice?

Nicolas Shump When I work with clients in areas like housing law, they do not always understand that legal precedent often prevents me from achieving their desired outcome.

David Magariel The reputation of public defenders is not always great. However, I know many of my colleagues have a genuine interest in helping others and providing them with their constitutionally guaranteed representation.

Kurt Level While losing a job can be difficult, there is not always someone at fault in the situation.

“The first thing we do, let’s kill all the lawyers”: Lawyers and the Legal Profession in Popular Culture

The title for this article comes from William Shakespeare’s Henry VI, Part 2. It is likely a line known by most attorneys and by those who might not possess the best opinion of the legal profession. However, it is a line often misunderstood and misused. The speaker is Dick the Butcher a supporter of the rebel Jack Cade. Cade hoped to become king, and to do so, he needed to remove those pillars of law and order like lawyers. Nevertheless, views on lawyers and the legal profession swing from depictions of lawyers as true believers who take on cases to help the common man to portraits of lawyers as amoral practitioners on sale to the highest bidder. Whatever one’s opinion of the legal profession, it remains a rich ground of source material for drama, fiction, film and television. Here is a brief overview of how lawyers have been portrayed over time in these various media.

1. William Shakespeare. The Merchant of Venice

• In the famous scene where Portia defends Antonio from the money lender Shylock, she demonstrates how the law would allow Shylock his pound of flesh, but at the risk of losing his fortune or life.

2. Jerome Lawrence and Robert E. Lee. Inherit the Wind

• Based on the actual 1925 Scopes Trial with Clarence Darrow and William Jennings Bryan as the two lead attorneys. The original play debuted in 1955 and while the original case focused on the teaching of evolution, the play had undertones of the McCarthy hearings of the time.

3. Aaron Sorkin. A Few Good Men

• Both a Broadway play and a film starring Tom Cruise and Jack Nicholson. The majority of the action takes place in a court room where a Naval attorney defends two Marines for crimes they allegedly committed at Guantanamo Bay. A gripping depiction of the tensions between following orders and individual conscience.

4. Scott Turow. Presumed Innocent

• Turow wrote the novel turned into a successful film with Harrison Ford and Raul Julia. The work provides insight into the life of a successful prosecutor who finds himself on the other side of the table as a defendant in a murder trial.

5. John Grisham. A Time to Kill • Another successful novel turned into a film with Matthew McConaughey and Sandra Bullock. Set in the American South, the narrative concerns the murder trial of an Black man (Samuel L. Jackson) and father who killed the White men who raped his 10-year-old daughter. He is represented by a White attorney played by McConaughey. Tackles race and fair trial issues.