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F. Lee Bailey, Chairman and CEO of IMPAC Control Systems, Inc. [by Regan Morris] With clients like O.J. Simpson, Patty Hearst, and the Boston Strangler, F. Lee Bailey has had one of the most storied legal careers of his generation. And while Bailey has also had his share of run-ins with the law—he’s fighting to be reinstated to the bar—he is known as one of the greatest criminal defense attorneys in the business.
Bailey told LawCrossing that his personal
was wrongfully imprisoned for murdering his
infected to have such lofty ambitions,”
legal battles have left him embittered and
wife, and his case is believed to have been the
he said. “People get prosecuted on very
that while he is still fighting to clear his
inspiration for the television show and movie
thin cases because, number one, they’re
name, he has no interest in returning to
The Fugitive. Medina was the commanding officer of Charlie Company, which was accused of the brutal My Lai Massacre of civilians during the Vietnam War.
unpopular or, number two, they’re important.
criminal defense work full time. Bailey was disbarred in Florida in 2001 and in Massachusetts in 2002 for the way he
himself by going after them and appear to be a fearless crusader, not afraid of somebody with a buck.”
handled stock owned by a drug smuggler in 1994.
Then the prosecutor can make a name for
“They tend to be bittersweet because none of them tend to end up in a bed of roses. Even
He thinks he was unfairly targeted by in
the people that are acquitted have lost most
the case. Bailey’s client, convicted drug
of what they had, and people like Jay Leno
smuggler Claude Duboc, gave Bailey several
like to make fun of them for the rest of their
million dollars’ worth of stock, which
lives if they get away with something,” Bailey
Bailey said he could have sold that day.
said. “There is a great satisfaction watching
But he didn’t, and the stock’s price rose
the system work when it works properly,
considerably.
which is—I’m sorry to say—infrequent.”
“They [the government] decided they wanted
The system worked in the cases of Medina
it back, so they created a story that I was
and Sheppard, although Sheppard did spend
holding it—for the first time in history, a
10 years in prison for a crime he didn’t
defense lawyer holding property in trust for
commit before Bailey got him out. Bailey,
the government,” he said. “And the judge
who was a U.S. Marine Corps fighter pilot
said he believed that and put me in jail until I
and legal officer, thinks military courts are
could raise enough money to pay the loans on
preferable to civilian courts.
the stock and give it to the government. So I am pretty embittered that that happened and,
“In many cases, the military system is a
number two, that that was used by the bar to
better system even though not often credited
say, ‘Well, you’re guilty of trust violations.’”
with that because it has one burden that the civilian system doesn’t: It’s got to keep
Bailey is now chairman and CEO of IMPAC
morale in the service, or nobody will reenlist;
Control Systems, Inc.’s North American
and then you either have a draft, or you don’t
operations. And he is still a prolific writer
have an armed force,” Bailey said. “So it
and frequent lecturer. IMPAC’s business is
attempts to not only give the appearance of
productivity improvement and management
being fair and keeping innocent people right
training.
out of the system, and it does a pretty good job of it.”
Of all his famous cases, Bailey said he was
Medina, who was not present during the massacre, was acquitted. But his military future didn’t look too bright after that, so Medina went to work for Bailey at Enstrom Helicopter Manufacturing Company, the Menominee, MI, company Bailey owns and operates. Still an avid flyer, Bailey flies Lear jets, turboprops, and piston-engine airplanes. Bailey’s cross-examination skills are legendary. The secret, he says, is being prepared and developing a solid command of the English language. Too many young lawyers, he says, don’t have the ability to communicate clearly and persuasively during a trial. “Anyone who wants to be a courtroom lawyer needs to do a far better job than most youngsters do getting a good education in English,” he said. “Most judges will tell you they hear the language butchered on a regular basis, and it’s discouraging. And also when it comes to juries and judges, saying things in a persuasive way is what the game is all about.” Asked if he missed being in the courtroom, Bailey said he would like to be in court as a
most gratified by representing Dr. Sam
Bailey says the civil courts are too political.
consultant or just to cross-examine a witness
Sheppard and Capt. Ernest Medina. Sheppard
“The civil system is much too politically
or two, but he doesn’t want the responsibility
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LAWCROSSING
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LAW STAR
www.lawcrossing.com
1. 800.973.1177
of “appearing like a jack-in-the-box every
“The risk of going to trial, for an innocent
and a compromised judge. Writing well is
time a judge took it into his head that he
man, is so great now that many people plead
crucial for an attorney, he says, but even that
wanted to have some proceeding.”
guilty to avoid the risk because the sentences
comes second to speaking well in public.
are just plain horrendous,” he said. Bailey said judges used to make courtesy
Bailey’s mentor was Edward Bennett
calls to set appointments but now, especially
During a trial, Bailey says he never takes
Williams, the most famous lawyer of his
in federal courts, they just make demands to
notes because he likes to watch the
time.
appear—”even if you have pre-paid tickets to
witnesses, jurors, and judges to see if their
Disneyland for the family.”
expressions or body language hints at what
“I asked him why he appeared from time
they’re thinking. In his many lectures and
to time to pull a rabbit out of a hat in the
Despite his success, Bailey says if he
books, Bailey encourages young lawyers to
courtroom. And he said to do that, you’ve
were to go back in time, he might not be a
put down their legal pads and look around.
got to go get 50 hats and 50 rabbits and get
criminal defense lawyer again. The courts,
lucky,” Bailey said of his mentor. “Which is a
he believes, have become the property of
Bailey also writes nonfiction and is working
left-handed way of saying be prepared. Look
prosecutors and draconian drug laws.
on his second novel, which involves terrorism
under every stone; don’t rule out anything.”
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