Biglaw, Crime, Dewey & LeBoeuf, Jury Duty, Trials

Dewey & LeBoeuf Criminal Trial Kicks Off With Jury Selection

What happened when the firm's former leadership reported to court for their upcoming trial? See how we didn't make a "Dewey" pun? Aren't you proud?

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At 9:30 on a late-April Monday morning in a courtroom in lower Manhattan’s stately 100 Centre Street criminal courthouse, the three men accused of masterminding the downfall of the once-great Dewey & LeBoeuf appeared for the first day of what is expected to be a long and drawn-out trial. Steven Davis, Stephen DiCarmine, and Joel Sanders sat stone-faced before New York Supreme Court Justice Robert M. Stolz as their lawyers hashed out the final details of the questionnaires to be presented to prospective jurors.

Davis seemed somewhat pale and frail, while DiCarmine was somber and composed, his signature tan a few shades lighter than during the firm’s heyday. Sanders stared off into the distance, frequently blinking and almost seeming to be checked out from the activity going on around him. The attorneys spent mercifully little time finalizing the logistics of jury selection, and when the official proceedings broke and the agreed questionnaires were whisked away to be imposed on the unsuspecting jury pool, the mood in the room palpably shifted.

Davis immediately left the defendants’ table, exchanging no words with his co-defendants. He instead interacted with his legal team, noticeably perking up and smiling while speaking with some of the younger attorneys. He exchanged pleasantries and inquired about their lives before quietly taking a seat and waiting for the trial that will decide his fate to unfold.

DiCarmine and Sanders quietly exchanged a few words at the defendants’ table before retiring to separate parts of the courtroom. Sanders chose to spend his time on his laptop, casually conversing with his legal team. DiCarmine, on the other hand, sat alone, calmly reading a hardcover copy of “The End of Days” by Jenny Erpenbeck (affiliate link). Donning a finely tailored suit and reading glasses and exuding a sense of calm, he hardly looked the part of a man facing serious charges.

DiCarmine may need some back-up reading material, because prospective jurors have two lengthy questionnaires to complete before voir dire can even begin. In addition to the short list of standard questions that you’d see in any case, the separate second questionnaire specifically prepared for the Dewey & LeBoeuf trial is very detailed and several pages long. Beyond the expected questions about associations with the parties, the questionnaire unsurprisingly focuses heavily on financial and accounting matters. Specifically, there are pages of questions designed to determine whether the potential jurors have any training or experience in areas such as accounting, bookkeeping, or banking, as well the extent to which they’ve ever been responsible for running a business.

Attorneys for the defendants expected a full jury to be officially empaneled by the end of the week. The unfortunate souls chosen to be part of the jury have a long road ahead of them. The trial is expected to last at least six months, stretching well into the fall, if not longer. Potential jurors are being told that they should expect to report for trial four days a week, but, with a few exceptions, will have Fridays off.

The multi-column list of potential witnesses is four pages long and is a veritable who’s who of Dewey & LeBoeuf’s glory days, consisting mainly of the partnership and top clients of the firm. Ranging from former department heads to rainmakers to high-ranking administrative employees, the witnesses are sure to entertain jurors with months of excruciatingly boring riveting testimony.

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If selected this week, jurors will have a few weeks to relish the freedom they once knew and say their goodbyes to family and loved ones. Opening arguments are slated to take place on May 26, 2015, right after the long Memorial Day weekend.

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