Leadership In Law Podcast

S03E128 Preparation is One Key to Success with Attorney Edward Cohn

Marilyn Jenkins Season 3 Episode 128

Justice isn’t abstract when a person’s life is on the line. We sit down with veteran criminal defense attorney Edward Cohn to unpack what results-driven advocacy looks like in real cases: the mindset that steadies a scared client, the prep that grounds a courtroom performance, and the creative pathways that turn misdemeanors into dismissals or shrink years of exposure into months. Edward shares how he learned by planting himself in courtrooms, absorbing procedure until it felt natural, and why that comfort signals confidence to judges, juries, and clients alike.

The conversation dives into the core tension of criminal law: protecting the innocent while negotiating fair outcomes for those who slipped. Edward explains how he approaches each matter as a risk management problem, dissecting facts, forecasting fallout, and engineering solutions like diversion programs, targeted classes, or tight pleas that preserve the future. He recounts a high-stakes shooting case where disciplined negotiation minimized prison time, and a common disorderly conduct charge resolved through civic responsibility and anger management, sparing a first-time defendant a record.

We also tackle systemic issues and personal sustainability. Edward calls out the danger of wrongful convictions and urges prosecutors to resist reflexive guilt assumptions, case by case. He outlines routines that keep him sharp as a solo, early mornings, exercise for stress control, punctuality, and over-preparation that transforms nerves into flow. Mentorship threads through his career, from professors and appellate experts to bar association programs that turned uncertainty into competence and belief. If you’re curious how top defenders think about strategy, pressure, and people, this conversation offers practical insight and honest stories from the trenches.

Reach Edward here:

https://cohnjustice.com 

https://www.facebook.com/cohnjustice 

https://www.linkedin.com/in/edwardcohn/

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SPEAKER_00:

Whether you're a speed computer or just starting your journey as a law firm owner. The Leadership in Law Podcast is here to equip you with the knowledge and tools you need to build a successful and fulfilling legal practice.

SPEAKER_01:

Welcome to another episode of the Leadership in Law Podcast. I'm your host, Marilyn Jenkins. Please join me in welcoming my guest, Edward Cohn, to the show today. Edward is an accomplished criminal defense attorney and has been representing the public for almost 23 years. He's an A V-rated pre-eminent attorney and has been a member of the National Trial Lawyers Top 100 for the last six years. In 2025, he was selected by publications such as USA Today, MSN, and Law News Day as one of the top attorneys in the country. I'm excited to have you here, Edward. Welcome.

SPEAKER_03:

Thanks for having me, Marilyn.

SPEAKER_01:

Absolutely. I'm excited for the conversation. Tell us a bit about your leadership journey.

SPEAKER_03:

Well, I've I've been in private practice since the get-go, since I got out of law school. That was 20, yeah, 23 years ago. And I've certainly, you know, if if there's definitely been hills and valleys, but I certainly enjoyed the ride so far. I I enjoy working for myself, you know, and setting my own hours and my own calendar, my own schedule, and helping people. I I love representing the public. It's certainly an honor to do that and help everyday people through situations. And I've, you know, I've I've really worked hard at becoming a successful attorney. I I'd say at first it would there was some difficulty in in being in private practice, being a brand new lawyer is very challenging. But that was thankfully many years ago. And it made me strong and it made me durable. And and I think you have to have a thick skin if you're gonna do anything in private practice for sure.

SPEAKER_01:

Entrepreneurialism is yeah, agreed.

SPEAKER_03:

Yeah, it's not not it's not easy. It's not for everyone, but for me it is. It's a good fit.

SPEAKER_01:

Nice. So what originally pulled you towards criminal defense and what keeps you committed to it for 23 years?

SPEAKER_03:

That's a good question. I when I came out of law school, I wasn't really sure what kind of law I was going to practice. I mean, at when I was in law school, I figured I'd be a civil litigator of some sort, maybe work for a law firm, that kind of thing. When I got out of law school in 02, the economy was quite strange and it was a it was a unique time. And I was encouraged by some mentors that I connected with after I graduated to, you know, hang out my own shingles, so to speak, go out on my own. And so, you know, I really didn't know how to do that. I just got some guidance from from some mentors, and I began going down to the courthouse basically every day. I would watch court hearings to see what happens, to see you know what happens at an arraignment, what happens at a pretrial, what happens at a sentencing, what happens. And so I uh and I did that frequently. And then I started doing court appointments at first just to get my feet wet and you know, learn how to practice law and be a lawyer and everything. And so criminal defense seemed like a good fit for that because I wanted to be a litigator. So that's where I kind of like fell into it, and it just it was a was a good fit. It was a natural fit for me. When I was in high school, my stepbrother used to get into trouble a lot, and I was always talking him out of trouble. So he used to call me his yeah, he used to call me his lawyer in high school, and so so you know that's kind of a natural fit. I mean, I I I like to advocate for people and make an argument for people, and so so yeah, so doing criminal work just kind of felt like the right thing to do, and and it's and it's it's worked out.

SPEAKER_01:

I love you took the initiative to to go to court and sit through it and see what was going on.

SPEAKER_03:

Yeah. Yeah, I mean, I think you definitely have to. I think you have to get comfortable with with what the procedures are like, and and so you so you're not nervous, so you don't you know relaxed and and your client feels relaxed, they're they're comfortable because it's it's a it's a nerve-wracking situation for a client, even if they're pointed or retained, whatever. They're you know, it's no one wants to go through the justice system, you know, basically and have to have to deal with that. But the more relaxed you are, the more confident you are, the more relaxed that the client's gonna be, and everyone else around you. And the judge certainly appreciates it. Yeah, so I was I was in court as often as possible just to get my feet wet and learn, learn how to do how to be a lawyer, basically. I, you know, in in law school, I was a litigation major, so I did have some practical training like tribal workshop and moot court, things of that nature, where you actually go to a pretend court and make arguments. But doing the real thing is a little bit, you know, different at first, but for so for me, yeah, it was it was absolutely necessary. And I'm glad I did it because that's you know, that made me a better lawyer.

SPEAKER_01:

I love that. Just the comfort level. So criminal justice is always shifting. What current issues are trends that concern you right now?

SPEAKER_03:

Current issues. Well, I think that's a good question. When current issues right now, let's see here. I would say that the thing that concerns me most and and really has has been kind of a concern since I was a new lawyer is when people get wrongfully convicted of things that they did, you know, didn't do. I my my stepdad was and always has been defending this one person who was wrongly wrongly convicted back in the 80s, long time ago. He's still in he's still in jail today in in Michigan. And so for me, it's just you know, I I any kind of injustice like that, that that's the worst worst thing that can happen. I mean, like it's better that a a guilty person goes free than a wrong, then an innocent person gets wrong, wrongly convicted. So so I think looking out for those things and and you know, sometimes prosecutors get tainted. They they think everybody's guilty who's been charged with something, and that you know, they don't they don't really think that and you know that the individual is a person and so yeah, I think that I think the the world can easily taint you to to think the worst of a situation, but I think it's essential to, you know, for a prosecutor, especially which I've never been, but to you know, have an open mind and it's a case-by-case basis, not kind of this broad stroking, you know, an entire industry or a bunch of defendants. So yeah, I mean, I think that I think that that's the most important thing for for me that I have seen throughout my career.

SPEAKER_01:

Okay, yeah. No, that's that is pretty amazing from the 80s and still in jail. Wow. Yeah. So you would talk about you work as your approach is results driven and far from the bare minimum. What does it look like on a day-to-day basis?

SPEAKER_03:

Okay, so yeah, I mean, so I take everything case by case, and and most people, and this, you know, most people who get charged with a crime, the majority of the time they they most of them, you know, did commit it and they'll and they'll tell you so. They'll say, I I did this, I just need to need you to help me mitigate the fallout of what's going to happen, you know, minimize their jail time if there's something you know serious. For like misdemeanors, I'm always trying to get, you know, an absolute dismissal if I can, which I'm not able to negotiate sometimes. What I what I try to do is for some people who've never never had a deal with a criminal charge before, if they're charged with a misdemeanor, I try to, you know, prevent them from having to go to court at all. Like my goal would be to like negotiate some sort of diversion, some sort of informal diversion where they take a a civil civic responsibility class or an anger management class. It it depends on what they did. And that's like my bread and butter. Like if I can get people a fantastic result, like a case dismissed over over a few month period, and they never had to go to court, they're absolutely thrilled. Yeah. So that's what that's what I shoot for. But it's, you know, it's a case-by-case basis. You know, sometimes you're gonna get a misdemeanor that's you know, they they have a prior record, and it's gonna be more difficult to get them an outcome, or if they're if it's a felony, it's even more difficult to to navigate. But so I am so yeah, I'd say what I do a lot of is is is risk management. I basically, you know, okay, here's here's their case, here's their situation, how can I keep this down to a minimum? So what is their fallout going to be? I had a I had a client who you know just lost his head one night. He had his he had his gun in his car, and there was, I guess his house got robbed, and he and he and his brother found out who the person was that robbed it, and they were chasing them in their own cars, and he fired his gun and at a moving car with people inside. Nothing happened. Thank God. Nope, nobody got hurt, but that's a super serious felony just to shoot at a. And so he was just worried about how much time he would he got. And thankfully, I got him a very minimal amount of time. And he even had like a probation tail, which means he went went to prison for a year and then he came out and was on probation like it, like he never had to go in. But he easily could have gotten many, many years for that. So that's a good example of of a case where you know it's a heinous situation, and it's all just managing and mitigating the fallout and trying to keep it down to a minimum. So I'm good at it. I mean, I'm I'm a good negotiator and a good advocate. So I so I, you know, I get good good outcomes like that. So that that's an example of one that I would say was a challenging case that turned out great.

SPEAKER_01:

Wow, that's fantastic. And you talked about creativity when we talked before, and it's not really a trait that you most associate with defense work. How do you use creative strategies to protect your clients? Obviously, you're negotiating skills, but what more than that?

SPEAKER_03:

Yeah. So it depends on on what the facts of the case is, what are the facts of each case? So, for example, I mean, I I can think of another case. I had this individual who was retired, he was well educated, never had a charge of any kind before, and he kind of just lost his cool, got really angry, and flipped out at a mattress store of all things, because he got an argument with the manager, and he wound up getting charged with disorderly conduct, which is a very, very common charge in in Arizona. It's like probably the most common misdemeanor that that people get charged with. It's not not a difficult thing to commit. It's very easy to commit. So he he kind of flew off the handle, broke something on his way out, and you know, and and the guy called the police, and he was charged, he was arrested and charged with disorderly conduct. So he was really embarrassed and like, oh no, what am I? I'm gonna have to go to court and talk about all this. So for him, so so I when I talked with the prosecutor, I said, well, you know, what can we do that would satisfy you that that that that he's addressed his issue without him having a conviction, without him having to plead guilty to anything. And so we, and so I was able to come up with a civic responsibility class and an anger management class that that if he takes those two things and has proof of them, the prosecutor would would dismiss the case and and she agreed, and that's what happened. So so that was a creative way to help out an uneducated person who was terrified of of having a criminal conviction. And uh he never had to go to court at all. So that was great.

SPEAKER_01:

That's an excellent outcome. Just emotions run high in certain certain things, yeah.

SPEAKER_03:

Absolutely. I and I and I explained that to him, you know, you can never do, you know, do this again. Always keep your cool if you get upset and you're in a public place, you know. Never and and he learned a great deal from it. And actually, I think taking anger management helps him because I don't see him ever getting in trouble again, you know, it's never gonna happen again.

SPEAKER_01:

Yeah, I think that one unusual thing that happens in your life, and you're like, uh, and then when people look for an attorney, they're not having a great day.

SPEAKER_03:

No, they're not. No, that's that's true. And when I first got into law school, a professor told me that he says, just remember that nobody calls a lawyer because they want to say hi and and and have a chat and talk about, you know, creative or current events. They're they're calling you because they're in trouble, something happens, uh something big, and they expect you to help them through it. So so yeah, that's something you have to accept right off the bat is that you're it's like problem solving, okay? They gotta they got a problem, help them get through it. What's the outcome gonna be? How can how can the outcome be as as minimal as as possible on this individual? So yeah, I would say that that people only call lawyers when they're, you know, when they're when they're having a serious problem.

SPEAKER_01:

That's true. So you've been practicing for 23 years. Was there a case that fundamentally changed the way you practiced?

SPEAKER_03:

Hmm. Was there a particular case that fundamentally changed the way I practice? I would say that they I would say that they collectively have, no, I mean, like in the very beginning, I I was results driven. I was like, how, you know, what what can I do for this particular individual? So I and I, you know, I was always very competitive in law school. So in in my grad school training, like the trial workshops and smooth course stuff like that. I was always trying to win and, you know, be well prepared, be the most prepared lawyer in uh in the class and and you know, hopefully have the best outcome. I'd say there's one case that made me super proud about being an attorney, and that was when I was a young lawyer in in my first few years of practicing. This girl who was a student at at a university in Michigan, not U of M, but a an another university, she, you know, she had no prior record of any kind. She got a job working for Best Buy of all things, and she began to, and she essentially embezzled money through through doing gift cards and returns. But like over a period of time, it was over several months, it was like something like$30,000 or$40,000. So it was a lot. And uh she wanted to go to grad school after college, you know, she was like panicking, and but she, you know, so thankfully there was a statute in that state at the time that allowed me to negotiate something for people who were 20 and under she was 20. And she was able to basically have her plea taken under advised them, which means you enter a plea, but the butt there's not actually a conviction. You go through probation, you complete probation, you're dismissed, and they vacate the plea. It's it's eliminated. So she has no conviction whatsoever. So she did have to do a few days in jail just to scare her straight, basically, the jet to do that. It wasn't long, it was like three or four days. But she did great and she wound up going to grad school after she got out of college. And during that case, they were talking about it on the radio. It was like a high-profile case because this the students, you know, embezzled a good amount of money from a store, and they were frustrated with they were upset about the deal I got her. And I was listening to the radio and hearing them talk about it, and I felt so good about myself. I was like, I didn't did a great job. If they're upset, I know I did a good job. And so she was thrilled. And I haven't seen her in all those years, all these years, but I'm sure she's doing just fine.

SPEAKER_01:

Wow. No, that's gonna make you proud too. Upset them, you won your case, and your person got to go, your client got to go on to live her life.

SPEAKER_02:

Absolutely.

SPEAKER_01:

Yeah, nice. So I know there's a lot of pressure in criminal trials and stuff. How do you manage the pressure that you're going through to make these things happen while giving each client your full attention?

SPEAKER_03:

Yeah, I mean, I think it's just so managing stress is difficult for everybody. I mean, and so lawyers definitely have a lot have a lot of stressful situations. For me, it's like it's kind of like, I mean, if you ever performed on stage or was in theater, it's kind of like being nervous and be having to go on stage like like for theaters. That that's usually how I feel in the beginning. But as I get going, I I I become more and more relaxed, and it feels more and more natural. So so for me, I it feels like kind of like a like a theater performance. Like in the in the beginning, there's there's those butterflies, and you're trying to, you know, calm everything. I just I just try to stay focused. I I talk to myself, say, you know, stay calm. And I prepare. You know, I I usually over-prepare for for that's a good thing. Yeah. I usually prepare more than your average person would, average lawyer would. And then so I feel like, okay, listen, I I'm gonna do the best I can. I got all the, you know, all the bases are covered. You can't predict everything that's gonna happen in a trial or an evidentiary hearing. Sometimes things just kind of go a little bit weird or sideways, and you have to be fast on your feet and just like, okay, I'm just gonna react to it and and respond to it. So, because there's no way to predict everything that that's gonna happen. But but for me, just by being super prepared and knowing that I'm gonna do my best always relaxes me. It makes me feel like, okay, no matter what happens, I can tell my client I've done my best, you know, and at the end of the day, it's you know, sometimes these hearings or trials are gonna be up to a judge or a jury, and you're just gonna have to accept that they get the final word. And so I always tell my clients that I'm gonna do my very best. We're gonna, we're gonna do our best together as a team. And at the end of the day, the judge makes a decision or the jury makes a decision and see what happens. So so that's that's what I feel calming, and I feel very I feel those things make me very relaxed, knowing that I prepared well.

SPEAKER_01:

I think being overprepared and also setting the expectations to your client, that's two very calming factors to walk into court with.

SPEAKER_03:

Right, exactly. And and and when they feel that and they know that that that's the case, they get relaxed. And if a trial lasts several hours or sometimes several days, you know, hopefully they're more relaxed as the case goes on. And and usually they are, and and usually I am as well, because you kind of get into your you know, into your zone, you know what I mean, where you feel comfortable, confident.

SPEAKER_01:

And your energy flows to them as well. They feel your calmness and they're yeah.

SPEAKER_03:

Yeah, absolutely. I'd say confidence is super important so that clients know that you're you instill confidence in them and they they feel, okay, good. I I got the right guy or the right girl, the right lawyer who's on the case. I think that's essential.

SPEAKER_01:

You mentioned earlier about mentors you had in in law school, and you've been vocal about the need for young lawyers to find mentors. Why do you find that so important in criminal law?

SPEAKER_03:

I think it's I think it's absolutely necessary to have Some mentoring when you're a young lawyer. Now, uh, some attorneys may go to work for a law firm and they're they're naturally going to be mentored by some a partner there or somebody who's been who's been practicing law longer. And that's good. That's good. When you're in solo, you know, a solo practitioner. So for me, my criminal defense, my I'm sorry, my criminal law attorney and criminal procedure attorney, he used to do appeals, criminal appeals, and he was very good at it. He was one of my mentors. I had another professor that that was a mentor. And when I first got out of law school, I joined the the local bar association in the in the county that I was primarily practicing in. I mean, I in Michigan is more like three counties, but he, I'm sorry, the when I joined, they there was a mentoring program that that allowed me to connect with somebody who wanted to mentor me and who was like a solo practitioner. And I'm still fronts with him today because his wife became a a judge ultimately when I was practicing law in Michigan, but he was very helpful and you know just made me feel confident about you know wheeling and dealing, you know, because you're you have to get cases, you have to do well. And uh so for for me, I it it instilled in me the belief that I could actually do this, that it wasn't just you know, rolling the dice. Like I could actually be successful at it, he's successful at it, I can be successful at it. And so I would encourage anybody to to have some mentor mentors in their life early on in their practice, whether it's at the law firm they're working for, or like I mentioned, some some some professors from law school or a mentor that they can connect with through a local bar association.

SPEAKER_01:

I think it's very normal in in the legal industry to have a have a mentor as opposed to a lot of industries, just a business coach or something like that. So someone who's been there, seen the procedures happen. Do you mentor lawyers today?

SPEAKER_03:

When I when I have the opportunity to, I haven't had anyone, you know, ask me to, but certainly I've there have been a few U of A, University of Arizona law school students who did some paralegal work for me while they were a two, a two-year or a three-year student. And I I got connected with them through the law school. And I I paid them for their work. But so yeah, I mean, so I have had the chance to mentor them definitely during the the the few select cases that those two people helped me out with. And that was more like, you know, it was it was fun, and it was more just like a natural thing because they wanted to make some extra money and I needed some extra help. And it just it was a good fit. So I would say so. So so yes, I have had some opportunity to to match other people.

SPEAKER_01:

Sounds good. Yeah, it's always nice to have that help and then be able to part uh embark some information to them and help them learn a bit. Over the past 20 years on your own, what personal habits have kept you sharp, grounded, and effective? Because you work on your own, right?

SPEAKER_03:

Yes. Yes, I do. Sharp, grounded, and effective. Excuse me, I would just say having an having a good routine. So for me, I think waking up early is an important thing to do. I realize when you're a solo, sometimes your days are going to be different. So sometimes you might be able to get a little more sleep than others. But as a whole, trying to consistently wake up early to have some sort of exercise routine during the week, you know, doesn't have to be every day, but some sort of exercise, I I found very helpful for stress. It just makes you feel so much better. And and just being completely tenacious, like, you know, I I am gonna be the best advocate I can for my client. I'm I'm gonna fight for them and try to get the best outcome in in spite of the facts, even if even if the facts are are are challenging and difficult. So being tenacious, being prompt, being being early for court hearings, not being late, things of that nature, just being really punctual, I think are attributes that are that are essential. And so for me, though those things have really made me feel stronger and confident and I forgot the other word you used.

SPEAKER_01:

Grounded and effective. So it's like what you were saying. You get up early, you exercise, so you're taking care of your mental health. And then by you being on point, always prompt and overprepared, that just leads right into to success. Exactly. Fantastic. If if I were to wave a magic woman right now and I could solve any problem in your firm, what would that problem be?

SPEAKER_02:

What would that problem be? Wow, that's a good question.

SPEAKER_03:

Because yeah, I mean, no firm is is without problems, I guess. So for for me, I'm trying to think what would be I guess just to have some more I got I I guess the one thing I would pick is to have some more consistency with with clients being more predictable, having because because being being a solo, you know, it's kind of like feaster famine sometimes. Uh so I would say you know that that's how it's gonna be to some degree, but I mean if if I could have it being more consistent, where like ever each month was similar to the last month, that would give me a lot more peace of mind instead of the feast or famine. Sometimes that you get a bunch of clients come in in one month and then the next month is kind of slow. Yeah, you know what I mean?

SPEAKER_01:

Yeah. So consistency, yeah.

SPEAKER_03:

Yeah, consistency. That would be the thing I would change.

SPEAKER_01:

Fantastic. This has been quite interesting. I've enjoyed having this conversation and learning about you and how you practice. I know my listeners may want to reach out to you. Where can they connect with you to learn more about you and maybe chat?

SPEAKER_03:

Okay, sure. So they can certainly search me online, Edward F. Cone, C-O-H-N Attorney at law. They can go to my website, which is Cone Justice, C-O-H-Njustice.com, ConeJustice.com. They could also give me a call on my at 520-333-3348. That's my office number, 520-333-3348. And they can reach me that way. So I find that each client, you know, it varies on how they find me. Sometimes it's just a Google search, sometimes it's from a legal directory, like going on Avo or lawyers.com or something like that. And sometimes it's a referral, and sometimes it's just random that they're just some people do a lot of research when they're trying to find a lawyer and they just they do all kinds of searches and then they finally start making phone calls and then they then they make a decision.

SPEAKER_01:

So I love that you track where he people heard from you. That's great.

SPEAKER_03:

Yeah. Yeah, I'll I always ask. And uh so it's it it's always a pleasure when you hear somebody finds you on on Google, for example, because it's so competitive, and yeah, they get a lot of sponsored ads where people pay for things too. So so yeah, I I I always ask. I think it's important to ask. And and it's also important to, you know, if if they're happy with the with the work you do at the end of the you know, representation to ask them for for a review and online. Yeah.

SPEAKER_01:

Yeah. I tell my clients that I'll always make it part of your process. I agree.

SPEAKER_03:

Yeah.

SPEAKER_01:

Ever, this has been great. I've got those links, they'll be in the show notes. If anybody wants to reach out to you or connect with you, it'll be in the show notes. So that'll be great. And this has been a great conversation. I really appreciate your time today.

SPEAKER_03:

Thanks, Marilyn. I really appreciate being here too. Thanks for having me again.

SPEAKER_01:

Thanks for joining me today for this episode. As we wrap up, I'd love for you to do two things. First, subscribe to this podcast so you don't miss an episode. And if you find value here, I'd love it if you would rate it and review it. That really does make a difference in helping other people to discover this podcast. Second, you can connect with me on LinkedIn to keep up with what I'm currently learning and thinking about. And if you're ready to take the next step with a digital strategist to help you grow your law firm, I'd be honored to help you. Just go to LawmarketingZone.com to book a call with me. Stay tuned for our next episode next week. Until then, as always, thanks for listening to Leadership in Law Podcast, and be sure to subscribe wherever you listen to podcasts so you don't miss the next episode.

SPEAKER_00:

Thanks for joining us on another episode of the Leadership in Law Podcast. Remember, you're not alone on this journey. There's a whole community of law firm owners out there facing similar challenges and striving for the same success. Head over to our website at lawmarketingstone.com. From there, connect with other listeners, access valuable resources, and stay up to date on the latest episodes. Don't forget to subscribe and leave us to review on your favorite podcast platform. Until next time, keep leading with Victim and keep growing your firm.