The New Media and F. Lee Bailey

F. Lee Bailey, one of the most successful trial attorneys in U.S. history, once said, “In the business of defending criminal cases … one is going to live in controversy all of his or her life.”

F. Lee Bailey is unarguably one of the best trial attorneys in the country. Acting as a buffer between a jail cell and freedom, Bailey practiced some of the most notorious cases – gaining a reputation, both tarnished and admired, through his cases, appearances in the media, publishing books, and remaining front and center in the media.

Bailey didn’t invent the ability to ride the media wave into the spotlight but through his high-profile cases did blaze the way for a new age of “free forum” speech. Today we have the Internet; then we had Bailey, emphasizing freedom of speech to voice his opinion; defending people who were permanently labeled guilty before the gavel hit; and publicly talking about some of the most high-profile cases in American history.

A career as a criminal defense attorney may not hit a top list of popular careers – necessary, yes – admirable, maybe not so much. But F. Lee chose to do the dirty work. And it takes a special human being to represent individuals charged with crimes that make people cringe while drinking coffee and skimming the headlines of the morning newspaper. Someone has to remind us that individuals are innocent until proven guilty – regardless of personal agenda, or wide-spread public opinion. The label of being a legal superstar or a successful defense attorney comes with a price. In the case of F. Lee … he also has felt the sting of adverse public opinion.

These lawyers, facing scrutiny from the media and the public, the outrage of victims and the tarnished reputations, help maintain the necessary balance that keeps the justice system on its toes – separating the guilty from innocent. It is a common hope, but not always true, that the legal system gives every American the rights they are born with.

F. Lee Bailey can easily claim the title as one of America’s most successful trial attorneys. Bailey represented Dr. Sam Sheppard in 1954 before the U.S. Supreme Court in Sheppard v. Ohio after the state found him guilty of killing his wife. Bailey successfully argued before the U.S. Supreme Court that Sheppard had been denied due process in the previous trial – winning Sheppard a not-guilty verdict. From here Bailey’s reputation as a powerful defense attorney was set.

One can question whether Bailey’s love for the spotlight and fearless approach toward media scrutiny fanned the fire of his popularity.

Bailey gained notoriety through his involvements in high-profile cases with his representation of infamous individuals charged with heinous crimes. However, it wasn’t just the “not guilty” verdicts that etched Bailey’s name in legal history – it was his representation of each individual charged – individuals symbolizing the Constitutional rights every American is entitled to.

In the early 1960s, Bailey lost his defense of Albert DeSalvo, a mental patient America would come to know as the “Boston Strangler” after he admitted to the murders of 13 Boston women; Bailey also represented newspaper heiress Patty Hearst, a woman kidnapped by the Symbionese Liberation Army (SLA), charged with taking part in illegal SLA activity. Bailey unsuccessfully argued Hearst went along with the SLA to save her life.

Even though those cases were among Bailey’s most notorious defeats, Robert Shapiro enlisted him to join the defense team, the “dream team,” for O.J. Simpson in 1994. After nine months of trial, Simpson was acquitted of the charges of murdering his ex-wife Nicole and friend Ronald Goldman. Though the case was highly controversial, the trial made headlines and Bailey was again hailed a successful trial lawyer.

The nature of many of the specific cases Bailey defended spurred criticism and fire. Bailey faced controversy throughout his entire career – his attraction to the spotlight and honest, hard hitting books led people to label him “self promoting.” His run-ins with the law, including his disbarment in 2001, led to more criticism and controversy.

After facing the fire of media criticism, in a television appearance, Bailey defended himself and every other defense lawyer at the time using the aforementioned quote “that any person … in the business of defending criminal cases is going to live in controversy all of his or her life.” We at MN1.com will have a unique opportunity to meet with F.Lee and our own Kate Delaney will have a Barbra Walters type discussion at his home. It occurred to us how representative of the evolution of the media via the internet Mr. Bailey is and how he has proven to be a trailblazer in a 3 piece suit with a flair for the fantastic. It also occurs to us that he was so far ahead of the curve that we recognize now that his desire to take the unpopular case embodies the spirit of the Internet and new media companies. We look forward to a follow up story armed with some new insights from F. Lee himself … and we look forward to the honesty he brings – so stay tuned for an interview with a legal legend on a wide range of topics.

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