The Search for Justice (62 page)

The attorney-client privilege is one of the most sacred, if not the most sacred, tenets of the law. It allows an individual
to freely consult with a lawyer on a confidential basis, knowing that the communication between them cannot be divulged. In
that respect, it resembles the communication between doctor and patient, priest and penitent.

The privilege is held by the client, not by the lawyer, and only the client can waive it. It attaches at the moment the client
first seeks legal assistance, and it doesn ’t cease unless and until the client says it does. Even when communication between
lawyer and client is positive—that is, reflecting positively on that client, or supporting a theory of his innocence—it remains
privileged.

The privilege, and my respect for it, governed the writing
of this book. I cannot share confidences. I can take the reader into a room; I cannot, in all instances, repeat what was said
there. Readers should not draw negative conclusions from what they think may or may not be missing from this narrative. This
is not the story of O.J. Simpson ’s innocence or guilt; rather, it is about my experience of the months between June 1994
and October 1995, and the resulting effects on me, my wife and family, our friends and colleagues.

With hindsight, the Simpson case might not have been the best one for me to take. In retrospect, I am proud of my work on
it. It ’s an experience I wouldn ’t want to duplicate; it ’s also one I wouldn ’t have wanted to miss. In the wake of the
verdict, there were a lot of stories being told, a great deal of second-guessing, and not a few bittersweet feelings. I received
many letters and phone calls, some laudatory, some critical, some kind, some not. One call in particular meant a great deal.
It came from my friend and colleague Alan Dershowitz, who phoned my wife, Linell, after he saw me on Larry King ’s show. “I
was there from the beginning of this case, I know what went on behind the scenes,” he told her. “And Bob was the architect.”

My great thanks go to the following people:

My wife, Linell, and my two boys, Brent and Grant, for their public grace, their private patience, and their love.

My parents, Marty and Mary, who worked so hard and sacrificed greatly for my education. They instilled in me the values that
were important to them and that I maintain today, and they gave me the confidence that I could accomplish anything I set my
mind to do.

The dear friends who have always been there for me, many of them from grammar-school days, who are never reluctant to remind
me of what is real and good in this life.

Bonnie Barron, my longtime assistant, who during the Simpson case put in as many hours as any of the lawyers, virtually seven
days a week for seventeen months, without ever losing her common sense or humor; and my talented associates, Sara
Caplan, always available, day or night, and Karen Filipi, who virtually ran our criminal practice while I was in trial.

This book was made possible through the encouragement of my dear friends film critic Joel Siegel, who has been cheering me
on since the sixth grade; Michael Nasatir and Larry Feldman, my twin consciences and advisors; and Christine Forsyth-Peters,
who not only insisted I write it but personally interviewed literary agents and then introduced me to Sterling Lord, to whom
I am deeply indebted. Sterling agreed that the book would not be auctioned to the highest bidder but placed instead with a
leading publishing house and a superb editor. That goal was more than achieved with Larry Kirshbaum and Warner Books. Larkin
Warren, my collaborator, knew what questions to ask, when and how hard to push, and how to wrestle a voluminous amount of
material into something readable.

Finally, I want to acknowledge the lawyers and partners of Christensen, White, Miller, Fink, Jacobs, Glaser and Shapiro, who
treated me like a partner long before I was one, who allowed me virtually total access to their vast resources, their brainpower,
their insight, and the physical facilities that allowed me to defend this case.

F
rom June 13, 1994, to October 3, 1995, Robert Shapiro stood in the middle of a drama that held millions of Americans in thrall.
Now for the first time, the architect of the defense strategy tells the inside story of the O.J. Simpson trial from the beginning.
In this book, the man who assembled the “dream team” answers the questions of fact, law, and ethics that were fired at him
before and after the jury ’s verdict. With candor, wit, and compassion, Shapiro brings to light the details of what has been
called “the trial of the century,” giving us revealing glimpses of the defendant and the others whose names became so familiar:
Johnnie Cochran, F. Lee Bailey, Marcia Clark, Barry Scheck, Chris Darden, and Judge Lance Ito.

At the heart of the book is the dramatic story of how Shapiro planned the defense strategy against what appeared to be overwhelming
odds. Within minutes of his first meeting with O.J., he started “thinking like the prosecution,” lining up a powerful arsenal
of lawyers, investigators, and expert witnesses to counter what the prosecution claimed was an open-and-shut case. In the
midst of mounting the legal defense, Shapiro also had to deal with the tumult of a media circus, a fractious defense team,
and his own priorities as a husband and father. Through it all, he maintained a steady hand and the quiet belief that justice
would prevail. Confronting the prosecution ’s “mountain of evidence,” Shapiro and his defense team uncovered the elements
of reasonable doubt in the faulty handling of blood samples and other mistakes made by the police as they rushed to erroneous
conclusions.

Robert Shapiro ’s reasoned and principled arguments about the Bill of Rights and the role and duty of a defense attorney will
deepen our understanding of the verdict, the trial, and the place this story occupied in the American culture. Answering critics
who charge that “loopholes” and legal tactics prevailed over justice, Shapiro convincingly demonstrates that the only possible
verdict—even without the race card Johnnie Cochran flung on the table—was the conclusion of “reasonable doubt” reached by
the jury.

At the same time, Shapiro presents a moving portrait of the human drama taking place in his own life as the trial progressed.
His relentless sixteen-hour workdays and constant media attention (even at his sons ’ birthday parties) all but destroyed
his private life and had negative long-term effects on his wife and children. The pains and pleasures of celebrity are an
important theme of the book.

R
OBERT
L. S
HAPIRO
is a partner in the Los Angeles law firm of Christensen, White, Miller, Fink, Jacobs, Glaser & Shapiro. He lives in Southern
California with his wife, Linell, and their two sons, Brent and Grant.

L
ARKIN
W
ARREN
, a former editor at
Esquire
and
Lear ’s
, co-authored Nancy Zeigenmeyer ’s
Taking Back My Life
(Summit) and Loni Anderson ’s
My Life in High Heels
(William Morrow).