Do criminal defense attorneys need a heart?

Houston Criminal Defense Attorney Mark Bennett is responding to comments he made that most judges and prosecutors in his part of the country lack the "real world experience" that leads to empathy. At the end of Mark's post, he said that "empathy for everyone — accused, complainant, cops, judge, adversary — makes a better lawyer on either side of the courtroom".

The post has had me thinking all day because I've spent about equal time now as a prosecutor and a defense attorney.  I agree with Mark on most of what he says, especially that prosecutors and judges need to have empathy for everyone involved the cases they handle.  Empathy helps prosecutors find what they are obligated to seek...justice. The same goes for judges; if they are not in tune with both sides of a case, how can they reach a fair result.

Now, maybe I'm setting a double standard up here, but I disagree that what is good for the geese is good for the gander.  Empathy is not a good thing for a defense attorney to have, other than for your client.

As a defense attorney, I don't want to empathize with the "victims" of my client's crimes.  I'm not cold-hearted.  I just think it doesn't do my client any good to emotionally identify with the accuser or the police.  I'm not saying that you have to be ignorant of the fact someone may have suffered a loss, or that the cops witnessed some tragedy.  I'm not saying you turn into Captain A-hole when you cross examine the parent of someone who's been murdered.  I think empathizing with them, however, goes against the mindset of being a zealous advocate for our clients. Personally, it would make me lose some of the fire I have to defend my client.

I think a more important character trait for criminal defense attorneys to develop is integrity. Every person that you come into contact with should be treated with integrity. Everything that you do should be well thought out, and executed with integrity.  Everyone knows that your obligation is to fight for every concession and advantage you can gain in a criminal case. Don't pull any punches, but make sure you're not hitting below the belt. 

I'll give the accuser or the police sympathy, but not empathy...at least not until the case is over.