Why Every Criminal Defense Attorney Needs a Social Worker

Co-authored by: Janeth Nunez del Prado, LCSW at Max Pines Law

Criminal defense is about more than just analyzing statutes, evaluating evidence, and building persuasive legal arguments. It’s about understanding the human being at the heart of every case—the environment they come from, the trauma they’ve endured, and the complexities that shape their decisions. This is why integrating a social worker into every defense team is not just helpful—it’s transformative. 

The Interplay of Person and Environment

Criminal behavior, even merely criminal allegations, rarely happen in a vacuum. Instead, it arises from the dynamic interplay between the individual and their environment. Social workers bring expertise in mental health, trauma, and the critical “person-in-environment” perspective. This knowledge base is invaluable in understanding the background and motivations of a client—and more importantly, in developing holistic legal strategies.

At Max Pines Law, we see this daily. Many of our clients have experienced significant trauma and adversity. Our job isn’t just to fight their charges—it’s to address the root causes that brought them into the system and help pave the way toward long-term stability and wellness.

Beyond The Court Mandates: Real Solutions

Most courts do not have the time or resources to understand the nuance in each individual’s story. Instead, they default to generic solutions—like “anger management” or domestic violence groups. These one-size-fits-all remedies can be ineffective or even counterproductive.

At our firm, we take a different approach. With the support of our in-house social worker, we offer targeted screening and referrals based on each client’s actual needs. This includes:

• Screening for trauma, substance use, and mental health concerns
• Connecting clients with appropriate, evidence-based community providers,
• Maintaining strong, ongoing relationships with community providers to ensure reliable continuity of care.

Reaching The Non-Treatment-Seeking Client

Most people walking into our office are not actively seeking treatment. Many are ambivalent, or even resistant, to mental health services. This is where a social worker’s skills shine. Techniques like Motivational Interviewing enable social workers to help clients discover their own goals and reasons for change, thus increasing the chances of meaningful engagement with treatment and positive outcomes.

Engaging Families for Greater Impact

Social workers aren’t just client advocates—they can be a crucial bridge to families, who often play a profound role in both the challenges clients face and the solutions that will work. For example, in one case involving a young client with alcohol use disorder, our social worker identified that his parents were unknowingly enabling his behavior. Our social worker recommended the CRAFT (Community Reinforcement and Family Training) model for the parents— empowering them with new strategies and supporting their son’s journey toward treatment.

This is one of countless success stories where a social worker’s creativity, training, and evidence-based approach made all the difference.

Multifaceted Advocacy and Support

Social workers provide support that goes far beyond the client’s immediate legal defense:

• Mitigation: They inform courts about the impacts of trauma and consult on the selection of expert witnesses.
• Concrete Assistance: Clients are connected with housing, employment, and mental health resources.
• Consistent Support: Social workers can serve as a reliable “touch point” for clients, providing emotional support through every step of the often-stressful legal process.
• Firm Well-Being: Their presence lifts team morale and addresses vicarious trauma among legal staff—a reality seldom talked about in our profession.

Trauma-Informed Practice

A trauma-informed space benefits clients and attorneys alike. Our social worker, for example, designed a “sensory bin” filled with fidgets and calming tools for anxious clients. This simple addition helps regulate nervous systems and fosters a sense of safety, enabling more open and effective communication. She has also coached attorneys about daily self-care strategies to practice both inside and outside the workspace. 

Conclusion

As the criminal justice system continues to evolve, so too must the practice of criminal defense. Attorneys who embrace a multidisciplinary team-based approach and – capitalize on the unique expertise of social workers—provide better advocacy, unlock more just outcomes, and lay the groundwork for true rehabilitation. At Max Pines Law, we believe in advocacy that heals, not just defends—and our social worker is central to that mission.