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Melinda Sarafa Remembering that counselor is another word for lawyer [by Teresa Talerico] As a white-collar crime litigator and a former public defender, Melinda Sarafa has represented clients ranging from low-income immigrants to a Miami nightclub owner suspected of organized crime activity. While the stakes in such cases might be vastly different, Sarafa, a partner at Zuckerman Spaeder in New York, says attorneys must never forget their ultimate roles as counselors.
“Understanding one’s role as a counselor
the offenses tend to involve larger loss
clients who either are in the midst of or on
helps to ensure that lawyers really listen
amounts. Often the stakes are higher in
the verge of conflict.
well to their clients and are able to focus
terms of the federal sentencing guidelines. Q: What’s the biggest mistake an applicant
on and respond to the clients’ needs most effectively,” said Sarafa, a 1995 graduate of
Q: What’s your advice for new associates?
can make when applying for a job?
A: New associates should not be afraid to
A: One thing I find to be completely ineffec-
Stanford Law School. Q: How does one break into white-collar
communicate with the partners and other
tive is sending out form cover letters. It’s
litigation?
lawyers in the firm, to ask questions even if
very important for somebody who’s doing a
they’re concerned that they should already
job search to really think about the places
A: I got into this line of work by starting
know the answer. Law is complex and ever-
they are most interested in working, re-
out as assistant federal public defender in
changing, and no one can be expected to
search those places, and send cover letters
Houston. I was able to get that job by clerk-
know everything.
and resumes that are specifically tailored to
ing at the federal defender’s office during
that job.
law school and subsequently doing two
I would also say that associates really
federal clerkships. Starting out either as a
should look upon every assignment as an
Q: What was your most humbling experience
public defender or a prosecutor is probably
opportunity to become indispensable on a
as a law student or new attorney?
the best way to get the kind of criminal law
case. An assignment that may seem small
background that you need and the level of
or insignificant may nevertheless present a
A: I found it incredibly challenging when I
comfort you need in the courtroom to go on
real opportunity to get ahold of the facts of
started working as a law clerk for a federal
to white-collar criminal litigation.
a case or become the expert on a particular,
district court judge to realize I was suddenly
perhaps critical, area of law in a case. So
in a position of having to come up with the
Q: What are the differences between working
don’t underestimate the opportunities that
“right answer” in a dispute when presented
for the government and a private firm?
come across your desk.
with motions to dismiss or motions for sum-
A: When I switched from the federal defender
Associates are sometimes reluctant to show
the ultimate decision, but the law clerks had
work to private practice, I also switched
as much intellectual curiosity or creative
a tremendous amount of responsibility.
jurisdictions, from Texas to New York. I dealt
thinking as they may be capable of. That kind
with both transitions at the same time. In
of contribution can be extremely valuable.
mary judgment. Obviously, the judge made
New York, there are more securities fraud
When I was with the federal defender’s office, I was handling very, very serious cases,
cases. You’re also dealing with, in private
Q: What should law schools teach that they
where people were facing, in some cases,
practice, a different group of clients, namely
currently don’t?
mandatory minimums of 10 or 20 years in
clients who can afford to retain counsel. In
prison. Being aware of that responsibility is
Texas, I had, by definition, all low-income
A: I’ve often thought that law schools do not
individuals. We had many, many immigration
sufficiently teach that lawyers are in fact
cases, firearms cases, bank robbery, small
counselors in the truest sense of the word.
Q: How do you handle that stress and re-
fraud cases. In New York and in the private
Lawyers acquire a great deal of knowledge
sponsibility?
sector doing white-collar litigation, you have
in law school, which ultimately is for the
individuals with professional backgrounds;
purpose of providing professional advice to
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very sobering.
A: By taking advantage of all the resources at
continued on back
CAREER CORNER
one’s disposal to make sure that the fullest and most effective representation possible is being provided. That may mean consulting with other lawyers. I was fortunate to work in an office staffed by extraordinary lawyers with a lot of collective experience. This goes hand in hand with not being afraid to ask questions. One of the most dangerous things you can do is not ask questions. Q: Who’s your favorite lawyer in books, movies, or TV? A: Katharine Hepburn played a lawyer in the movie “Adam’s Rib.” It’s a comedy, but it’s a great portrayal of fierce determination on the part of a defense lawyer.
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