The Power of Motivational Interviewing and Empathy in Criminal Defense

Facing criminal charges is one of the most stressful moments a person—and their family—can endure. In these situations, the approach an attorney takes can make a significant difference not only in the legal outcome, but in a client’s journey toward growth and healing. Of course, we always want to win a case and minimize any impacts to your life or those of your loved ones. We must battle hard to defend your innocence and achieve victory. But many cases offer the opportunity to find growth and achieve victory over something deeper and internal. When my clients have the will, I help them find the way by accessing their own inner strength. Two essential tools that elevate client representation are motivational interviewing and authentic empathetic support.

Understanding Motivational Interviewing

Motivational interviewing (MI) is a collaborative, client-centered method that helps individuals tap into their own motivation and capacity for change. It’s basically a respectful way of engaging with another human being that is useful in so many aspects of our lives. When our goal is personal change, the attorney can use this technique of guided support to achieve great and lasting change. Rather than imposing solutions or arguing for a particular course of action, the attorney listens deeply, asks meaningful questions, and explores the client’s perspective. This honorable approach reduces defensiveness and invites the client to consider—and articulate—their own reasons for change. Research has shown that MI in the criminal justice setting leads to better engagement and significantly lowers rates of recidivism compared to more confrontational methods.

Key elements of MI include:

• Open-ended questions

• Affirming the client’s strengths

• Reflective listening

• Summarizing and clarifying patient statements

This method goes beyond legal strategy. It recognizes that for many clients, true transformation often begins with acknowledging the underlying issues—whether addiction, trauma, or past mistakes—that led to legal trouble. Even when the bottom line is innocence, the growth adds meaning to a tough legal journey.

MI can foster change. But how does the lawyer employ MI? Through empathy for his clients.

Why Empathy is More Than a Just a Bonus

Often lawyers are “bull dogs” and hired to scorch the earth to achieve victory. If that is the criteria, then any caring or listening to the client is just going to be a nice bonus. But I think we need to reorient our viewpoint. Victory is key of course, but we also want mental, spiritual, moral, and social victory too. Empathy in criminal defense means more than just understanding a client’s situation. It is the ability to step into their shoes, grasp the complexities of their life, and connect with them as human beings. When clients feel genuinely heard and supported, they are more likely to open up about underlying struggles, participate fully in their defense, and work proactively toward better outcomes.

Empathetic support can transform the attorney-client relationship by:

• Building trust and reducing anxiety, which leads to more honest and complete communication

• Helping clients see that their worst moments do not have to define their futures

• Encouraging responsibility and facilitating access to treatment or other supports that address root causes of behavior

Legal Success and Personal Change: A Balanced Approach

A great criminal defense attorney knows that sometimes the best results are won fiercely in court. Yet often, real victories are achieved through guiding clients toward personal responsibility, growth, and, when appropriate, rehabilitation. True advocacy is not just about minimizing sentences or winning cases—it is about seeing the client as a whole person and helping them seize the chance for genuine change.

When attorneys use motivational interviewing and empathy, they foster both better legal results and healthier long-term outcomes for clients and their families. This modern, human-centered approach ensures that every client is given the respect, guidance, and opportunity they deserve as they navigate the legal system—and life beyond it.