Definition of police lawyer
Law enforcement lawyers are criminal defense attorneys that specialize in protecting the rights of law enforcement officers at the municipal and state level. Their primary focus is on handling cases that involve public employees and their civil rights. The most common types of cases they handle include civil review, civil service hearings, regulatory actions, civil claims, discrimination, workplace harassment, wrongful termination, employment discrimination claims, and whistleblower and hostile work environment claims.
Law enforcement lawyers have vast experience defending police officers at all stages of the legal process, including negotiated settlements, hearings and trials, and appeals and post-conviction relief. Those who work for the police department are expected to conduct their jobs while adhering to strict codes of conduct. Until they’ve been found guilty , they are allowed a presumption of innocence. This means during investigations and trials, law enforcement lawyers are able to help ensure law enforcement employees aren’t being treated unfairly and are given access to the same rights as private citizens.
Many law enforcement officers have a mistaken belief that if an officer is accused of a crime and is arrested, that he or she will automatically be terminated from employment. However, the truth is that investigations aren’t quick to reach conclusions and many officers aren’t terminated until all due process is completed. Law enforcement lawyers can assist with navigating through the entire investigative process and provide the necessary legal representation to help an officer keep his or her job.
Main roles and responsibilities
Law enforcement lawyers generally have a degree of discretion that they can exercise in their capacity as legal counsel to police officers. Their typical duties and responsibilities are as follows:
Preparing and attending court, including court appearances, interviews, pre-trial hearings, status conferences, trials, and other proceedings;
Representing clients before administrative agencies, hearings, boards, and councils;
Legal research for trial preparation and pre-trial motions, including investigation of law and facts, evidence, and witnesses;
Representation or consultation prior to or after investigating police conduct;
Representation or consultation before administrative agencies, boards, and councils with respect to the discipline of officers;
Consultation for police unions, including contract bargaining;
Legal assistance related to alleged criminal behavior by police officers;
Research and publication of appropriate legal advice and support to attorneys, police unions, and police management;
Legal education, seminars, and lectures.
Necessary skills and abilities
A comprehensive understanding of legal principles and law enforcement practices is essential for any law enforcement lawyer. The ideal candidate will possess a law degree as well as a proven track record of working with law enforcement officials in a variety of capacities. A law enforcement lawyer often works with complex cases involving municipal codes, use of force, criminal procedures and the overall criminal justice system. Consideration should be given to a candidate’s level of expertise, relevant work experience and educational history when determining whether or not they would be an asset to the firm.
A law enforcement lawyer should possess a law degree with substantial experience in civil rights law, law enforcement policy, criminal justice and municipal law. A majority of law enforcement lawyers will seek prior legal experience in litigation, as well as judicial clerkships, federal judicial experience, civil rights litigation, and employment and labor litigation. The ability to conduct extensive research, utilize pertinent software, and provide superior client relations and personal communication skills is a must, as the law enforcement lawyer is virtually always in contact with a wide range of people and agencies.
A law enforcement lawyer will often spend most of their days in a variety of different tasks, from meeting with clients to conducting investigations to holding interviews. Some additional job responsibilities include filing motions, preparing and researching legal briefs and memos, attending meetings, gathering evidence, visiting clients in correctional facilities or hospitals, and attending court cases on behalf of clients. A law enforcement lawyer should be very proficient in managing their time, as the majority of their time is spent doing research and paperwork. For those who enjoy interacting with a wide range of people, have a strong desire to help others, and are focused on the criminal justice system, this is a career worth considering.
Obstacles in police law
Law enforcement law is rife with challenges and obstacles, particularly because of the thoughts and beliefs that juries may have regarding police officers. While the public may see them as people investigating a criminal act, those same individuals may be viewed in a negative light. Many may presume them to be guilty of committing the crime that they are investigating for one reason or another. Truly, the public believes that the officers are members of an elite but privileged class of special people, so if something goes wrong, it must be their fault. The actions of a police officer or police department are often viewed by an audience who may not be privy to the full story. Of course, officers often find themselves confronted by challenges when evaluating code violations that result in the removal of a person from a household and/or into their custody. There are other challenges to overcome when officers need to take someone to jail, and they often have to take that person to jail under the most difficult of circumstances. This means they face challenges that have to do with a number of factors, such as: These are just some of the more common difficulties police officers encounter. A skilled law enforcement lawyer can challenge almost any accusation made against them, including:
Employment prospects and typical career paths
Moreover, the demand for experienced law enforcement lawyers has steadily grown at a brisk pace over the past fifteen years. As more municipalities hire in-house counsel, the need for wise legal counsel vis-à-vis the myriad legal issues that law enforcement agencies face on a daily basis will only continue to increase. Law enforcement lawyers serve as in-house legal counsel for municipalities and law enforcement agencies. For example, some municipalities have their own Law Department, providing legal counsel to the city agencies as well as the Mayor. Others have a Law Department that provides counsel only to the Mayor, with city agencies having separate in-house counsel. Still others have a Police or Safety Department which might employ within its personnel a legal office or staff attorney to provide legal counsel concerning the municipality’s law enforcement agency operations. In addition, many law enforcement agencies do not have an in-house "Department" of lawyers but have office staff who provide legal counsel. Law enforcement lawyers provide legal counsel to their employer or client in connection with all aspects of the law enforcement agency’s operation, from personnel issues to civil litigation . Some municipalities have a Chief Counsel, and depending upon size, can have staff attorneys in City Law Departments. Many such departments will have staff attorneys who specialize in a particular type of municipal law, such as criminal prosecution, labor and employment, fiscal accountability, or environmental issues. In addition, some municipal law firms will have attorneys who specialize in one or more of the areas of municipal law, including labor and employment.
Once one has cultivated the experience and expertise as a law enforcement lawyer, there are opportunities to be appointed or elected to serve as a hearing officer or administrative judge, independent monitor, or special counsel, and to work with private law firms that represent municipalities and law enforcement agencies. There is also the option of opening a solo practice or joining a small law firm and establishing your own practice. Aside from positions in the public sector, law enforcement lawyers can practice law with private public interest law firms which litigate civil rights cases on behalf of the indigent or are involved with national class-action litigation. Many law enforcement lawyers also serve as municipal court judges, or have judicial clerkships, as well as background in court administration.
The influence of tech on police lawyers
Modern law enforcement practices are marked by the exponential growth and expansion of technology utilization. The breadth of technological advancement we have seen over the past 10 years has also reached the legal world. In looking for comprehensive data and statistics to help you better understand how common technology has become within the legal industry, there is still a surprise factor. Legal tech tools, data analysis, and the prevalence of digital evidence in modern legal practice are changing the way law enforcement lawyers operate and engage in the legal field.
Law enforcement lawyers are being asked to harness the power of the digital world to analyze facts and frameworks with greater ease and accuracy. Modern law enforcement is even making use of predictive policing as a digital practice, using big data, algorithms, and criminal databases to offer a more proactive approach to policing. Through the application of evidence-based models, law enforcement agencies can manage criminal justice resources, offer an alternative to short-term problem solving, and provide a new way to conceptualize and predict the upcoming crime trends. Through this recognition and utilization of risk factors and community needs, law enforcement agencies can assign resources toward the issues demanding the most attention. This can create a more cohesive flow of service for those requiring police or correction services and make law enforcement lawyers more efficient in their practice of law.
The case tracking and management tools offered through digital law firms and databases are pushing law enforcement lawyers further into the digital realm and offering a considerable advantage in the form of greater insight and enhanced efficiency. Over the past five years, we’ve seen a significant increase in the demand for digital law firm technology in an effort to track and manage police actions and civil rights action cases from start to finish. Digital solutions such as those offered through a case management system, have proven to be highly effective in offering essential support to law enforcement lawyers. The increased need for integration with management tools, is well established through the uptick of law firms insisting on having a secure integration methodology. There is also an increasing significance around leveraging secure API’s to support third-party data integration. These solutions are far reaching and can range from less than $100.00 per month to thousands of dollars in monthly fees. You can expect this trend to continue as the need for a direct record access, letter of protection and case tracking software integration continues to grow across law enforcement agencies.
Recent developments and the future
In recent years, there has been a growing number of legal challenges faced by law enforcement agencies and officers. With the influx of body cameras and dash cameras, evidence is more available than ever before to be lawfully attacked in courts. The laws and regulations governing the law enforcement sector are continuously evolving, and often times affect not only the Officers facing criminal charges but also the jurisdictions employing them. Furthermore, through the passage of various laws containing the word "shall," whether it is not less than three reports, a supervisor to complete these reports, a review of the compliance with certain agency policies, may have increased an Agencies’ exposure to lawsuits .
The outlook for law enforcement lawyers is that we will see an increase in Attorneys representing Officers involved in civil cases against municipalities where certain legal protections, such as qualified immunity, are at issue. Further, it is likely that we will see an increase in internal affairs lawyers representing Officers in administrative matters where law enforcement agencies are reviewing Officer misconduct cases, such as allegations of use of excessive force, and the "shall" language is being relied upon to deny an Officer’s appeal. Finally, there will likely be greater scrutiny over law enforcement lawyers who represent Officers in criminal proceedings across the nation and internationally.