Women Criminal Defense Attorneys: Let There Be Tears

I just came across an article about a woman criminal defense attorney from Michigan, Cheryl Carpenter. Carpenter got a ridiculous amount of media attention for becoming emotional when arguing for leniency in the sentencing of Theodore Wafer, who was convicted and sentenced for the second-degree murder of a young girl who he claimed he shot in self defense. USA Today and New York Times noted that she cried, and one of the articles went so far as to say that she “wept”. I was stunned that the fact that a seasoned litigator who poured her heart and soul into fighting for a man accused of second degree murder and shed some tears was worthy of a story. The case received national attention throughout the trial and during the sentencing as well.

Carpenter was so exhausted and emotionally drained after the case that she made a decision to close her office and take a year sabbatical to focus more time on her young kids and family. Anyone working in the criminal defense trenches understands that need. This is a tough job that takes its toll on you emotionally and physically. She is blogging about that decision here. And then the decision to take time off became news worthy and she was interviewed by the Detroit News about the case and her emotional reaction during sentencing.

What both amazed and angered me was how badly she was made to feel about becoming emotional during the sentencing. She was quoted in the Detroit News as saying she was horrified upon reflection that she had cried. She talks in her blog about feeling shame about this fact, but in fairness she also discusses trying to understand why there needs to be shame associated to lawyers showing and feeling emotion. Now, that is the worthy discussion.

I was so struck by the comment of her being horrified that I took the time to find the argument to get a sense of her emotional reaction. Did she break out in a sob? What was so horrifying? I had to see for myself.

Much to my surprise her emotional reaction was restrained and professional, and she certainly wasn’t weeping. Her plea for the man that she represented was eloquent, powerful, and passionate. In all honesty I have gotten far more emotional than that on behalf of a client. There was nothing shameful about it. Why would any client want a lawyer that has no feeling for them or the gravity of their situation?

Lawyers who robotically represent criminal clients without feeling or regard for what they are going through are the ones who should feel embarrassed. Not Cheryl Carpenter. She did a beautiful job for her client and I personally want her to know that I thought her showing of emotional was needed and necessary. And I can’t help but wonder if there would be the need for so much discussion about the tears if she weren’t female. Would it have been equally worthy to keep discussing this fact if she wasn’t an emotional female lawyer? Regardless of the reason, I say let there be tears when we represent our clients and let us not be afraid to show them when it is appropriate.