If you have an interview scheduled with a public defender’s office or a prosecutor, you may not know what to expect. Because defense attorneys and prosecutors sometimes are exposed to horrific circumstances and must deal with people who may be angry, fearful, or otherwise upset, interviewers will seek to determine your ability to cope with a wide variety of people and circumstances, and to tolerate frank language.
Interviewing for Public Defender Positions
Public defenders value attributes such as compassion for the underprivileged, passionate and zealous advocacy for clients, and strong litigation skills. Evidence of an interest in criminal law is essential as well. Interviews will vary depending on the office.
First-year summer internships: During the interview, students will be asked questions about their interest in criminal law generally, and in indigent defense work specifically. Because summer interns are frequently tasked with conducting initial client interviews, often in jails, students will be asked questions designed to discern their ability to establish a rapport with persons from many different backgrounds, as well as their comfort level in assisting incarcerated people, who may be angry and hostile, and may have committed violent offenses.
Second-year summer internships: Most public defenders allow second-year students with a third-year practice certificate to try a few cases during their summer. Some offices do not. So, if you wish to get courtroom experience, ask during the interview. Attorneys interviewing second-year students will often ask about plans to become a public defender, or may question students who have interned with a prosecutor’s office about their commitment to defense work. Second-year students also are likely to be asked “hypotheticals.” The questions are designed to assess your understanding of issues such as your duty to clients and the ethics of speaking with others about clients, as well as the zealousness of your commitment to representing criminal defendants. Hypotheticals may ask about specific areas of the law and test your understanding of issues such as fourth amendment jurisprudence or a defense attorney’s duty under Padilla vs. Kentucky.
Interviewing for Prosecutor Positions
Prosecutors are looking for those with a desire to protect the public, as well as evidence of an interest in criminal law. Prosecutors may be wary of hiring those who seem too zealous about being “tough on crime,” as many feel that diversionary or rehabilitation programs may be better at preventing recidivism than incarceration. Also, given the statistics on wrongful convictions, prosecutors want to make sure their hires will be focused on getting things right and seeking justice, not merely convictions. Applicants should be able to articulate this nuanced understanding of the prosecutor’s role, as well as knowledge of the criminal justice system.
First-year summer internships: Students will be asked about their interest in criminal law generally, and prosecution specifically. Students will help interview witnesses, research legal questions, and organize evidence. Strong interpersonal skills will help students stand out during an interview.
Second-year summer internships: Prosecutors appreciate second-year students with third-year practice certificates, as they can help attorneys with their very busy dockets. Often prosecutors will give students a full misdemeanor docket to handle by the time they have completed their summer. Students who have demonstrated their interest in, and ability to handle, such a docket, by taking advanced trial classes and participating in moot court or trial advocacy board, will be favored. Second-year students are likely to be asked “hypotheticals” during interviews.
Interview questions
The “hypothetical” interview question is the most distinguishing feature of criminal law job interviews. They are especially common for prosecutors, less so for defense attorneys. When asking “hypos,” interviewers do not usually ask about a specific area of criminal law—instead, questions are focused on procedure, legal ethics and professional responsibility, the ability to issue-spot, and how you would act in a variety of common criminal law circumstances.
Defense hypotheticals usually seek to test your understanding of your duty to your client:
- Whether you might give a witness against your client directions to the courthouse. (Answer: no; but your duty as an officer to the court means you may not actually mislead the witness).
- If you should reveal an error in the evidence that benefits your client (Answer: no; defense attorneys have an affirmative duty not to reveal errors that benefit their client; however, they may not make any misrepresentations to the court).
Prosecution hypotheticals may include fact patterns designed to determine your knowledge and understanding in such areas as:
- A prosecutor’s duty under Brady v. Maryland to reveal information favorable to the defense;
- the Fourth Amendment;
- your ability to quickly make decisions in light of new evidence; and
- your sensitivity to witnesses and victims.