Morgan H. Daly is a Marin County Bar Association board member and runs her own criminal defense practice based in San Rafael. I sat down with her to get to know her a bit more and discuss her practice and her outlook on the criminal defense issues in Marin.

Morgan, tell us a little bit about your background, such as where you grew up and went to school?

I’m a sixth--generation San Franciscan, raised in the Lower Haight neighborhood of San
Francisco and I attended Everett Middle School, and later Lowell and McAteer High Schools. My mom, however, grew up in Marin County as one of seven kids, running barefoot around west Marin. So, when I was a kid, I spent many weekends here in Marin visiting family, and it has always felt like home. I didn’t stray far from Marin as I grew up: I went to College of Marin, then UC Santa Cruz, and USF Law School.

Describe your work history—where did you work after law school?

I initially worked as a research attorney, first for the San Francisco Superior Court working at the Hall of Justice, mostly drafting bench memoranda for the judges, then for the California Supreme Court with their criminal central staff. When I finished those terms, it was 2008 and no one was hiring so I started doing court-appointed criminal appeals and joined the panel at Alternative Defenders, Inc. in Marin, which is a panel of attorneys who take court-appointed cases when the Public Defender’s Office has a conflict of interest (e.g. because they represent the co-defendant).

Describe your legal practice currently—who do you represent, what’s the general nature of your practice? Do you do entirely criminal law, or also civil?

My practice is focused on criminal defense and related areas, such as work with/for juveniles and restraining order litigation. Mostly, I represent indigent criminal defendants on a court-appointed basis. I find the work deeply meaningful. Through this side of my practice, I have gained a great deal of courtroom experience that I can bring to the table to assist private clients as well.

While I love being in the courtroom and going to trial, I also find my work with juveniles--either those who have been accused of crimes, or those against whom a restraining order is sought--especially rewarding. It’s so important that kids have an attorney who is able not just to represent them in legal proceedings, but who can also connect with them and really listen. I’m very proud of being able help these kids.

You indicated that you worked as a research attorney for both the CA Supreme Court and the SF Superior Court. What impression did that experience give you into the quality of judges we have in California?

In my experience judges in California are deeply committed to getting it right and serving the cause of justice. Working for these judges instilled in me a deep appreciation for the work judges face – reaching the right result is not enough if you don’t also provide the right process. The converse is also true: the correct process does not always reach the correct result – but it’s the best we can do, and the best way to earn respect from litigants.

Would you ever want to be a judge?

Early in law school, I thought that’s where I was headed. However, the more I learned about the criminal justice system – not just in theory but in practice- I realized how overwhelming the balance seemed in favor of the prosecution. As a result, I felt more fight was needed on the side of the defense. The law has shifted a bit since then to be more compassionate for defendants. I’m flattered by the nudging of colleagues to apply for a judicial appointment, but I’m not quite ready to give up advocacy just yet. I love my clients, and I love having clients. Clients keep me focused and grounded.

Why did you go into criminal law?

My background is in philosophy – and I’ve always been fascinated by how we as humans govern ourselves and strike a balance between preventing harm and protecting individual liberty. Also, I didn’t have much interaction with the legal process or with lawyers before attending law school – but I quickly realized how much I enjoyed criminal defense attorneys—they seemed happier than those on the civil side, even when working long hours, and they never lost their sense of humor. Both of my daughters were born during law school, and I knew that work-life balance was always going to be a struggle. I figured that if I’m going to be working long hours, it should be for something I believe in, and that I should also have fun while doing it.

What’s another area of law you’d like to practice, but don’t?

Antitrust, definitely. In law school, I worked as a research assistant for a law professor in this area and learned how fascinating and important that work is. It’s as fascinating and important as the work I do now, but more scholarly. However, this work would also mean less time working directly with clients and being in the courtroom. So, I’m happy with my choices.

What’s a skill or hobby that you’re good at that people would be surprised about?
I don’t know if people would be surprised because I talk about it constantly – but I’m an avid snowboarder. During college, I took winters off to work as a children’s ski and snowboard instructor, and I still try to get up to Tahoe twice a month in the winter. I also love to cook, with an emphasis on vegetarian and Asian cuisines, and I enjoy painting landscapes.

What’s your strategy to unwind and relax?

I like to socialize. Usually, I stay busy but shift gears – like volunteering to cook for a volunteer workforce, bringing a carload of kids to the snow, or throwing an impromptu dinner party. When It’s really time for downtime, I paint landscapes while listening to nonfiction audio books.

Any authors in particular?

I’ve burned through the catalogues of Malcolm Gladwell, Yuval Noah Hararian, and Mary Roach. Next in the cue is “In this Economy” by Kyla Scanlon.

What’s the biggest misconception people have about criminal defense work?
That’s easy: “How can you represent someone whom you know is guilty”. I get this question fairly often, although almost never from anyone who works in the criminal justice system. I welcome the dialogue, but the question reveals a lot of misconceptions about what I do.
If you were accused of a crime, wouldn’t you want a lawyer? If we agree that the accused deserve the benefit of counsel, then do we want their lawyers making snap judgments about guilt or innocence in deciding to represent them? If that were the case, what would be the point of the criminal justice system? How could defendants afford to be honest with their lawyers?

The question also presumes that there is something immoral about representing the guilty. That’s ironic because in my experience public defenders are the most moral among us – How do I know? Because when we learn to judge other people, we first look inside ourselves. I believe public defenders are more likely to see goodness in others – because of the goodness inside themselves.
This question also reveals a misconception that criminal defense attorneys are pro-crime. That’s obviously not true. I’m just like everyone else—I have a family that I care about and want to be safe. But it also reveals a prejudice against the accused in our society, like that a person who has committed a crime is somehow categorically beyond redemption and undeserving of dignity?
Pushing back against those prejudices and misconceptions are a big part of what I do. The truth is that guilt or innocence is never black and white. There are many shades of gray in between. Sometimes my clients are guilty but deserve a second chance. Sometimes, of course, they are not guilty – this happens more often than you’d think.

What is one thing you would change about the criminal justice system?

I would make it easier for folks to take responsibility and make amends without ruining their lives. Also, I would improve prison conditions to make them more humane and more rehabilitative.

If someone gets into criminal trouble, what’s the best advice you have for them regarding how to hire a lawyer?

Do it early. I would advise folks to consult an attorney as soon as you have reason to believe you are being investigated or might be accused of a crime. After that, do some shopping. The criminal bar in Marin boasts a deep pool of talented advocates. Make sure the attorney you hire has a good local reputation and that you have a good rapport and feel comfortable with them. Trust is essential to a successful attorney-client relationship.

What’s the best thing about having your own law firm? Worst thing?

Being your own boss – same answer for both questions.

What would you tell other solo-practitioners about the benefits of MCBA membership?

It’s worth it! At first I was hesitant – I would show up at events worried that I wouldn’t fit in. But I was warmly welcomed. I joined the programs committee and then the board. I love being part of a community and having colleagues outside of criminal law whom I consult with and refer cases to. Marin County is relatively small legal community, so MCBA’s leadership makes a real difference in influencing policy and fostering civility. Also, I like having a lot of people to say hello to when I walk through the halls at the Civic Center.

Tell us about your family. What are you most proud of them for?

I am married and we just celebrated 15 years of marriage with a trip to Istanbul. I have three children – ages 22, 20, and 11. I could brag about my kids for hours. I am proud of them for so many reasons– my daughters (22 and 20) are both studying engineering and my son (11) started his own (sporadically published) newspaper—but I’m probably most proud of their compassion, critical thinking skills, and sense of humor.

What’s your best advice for balancing a family with your law practice?

Try not to need very much money. My daughters were born while I was in a law school, and I embarked on my legal career as single mother. I am grateful for court-appointed panel work because it allowed me to set my own hours, but I had the elasticity to work an 80-hour week when it was necessary. These days, I regularly work longer hours and I’m grateful to my spouse for picking up the slack.

There aren’t easy answers. Blocking out family time and stepping away from phone and email is critical. But being able to monitor emails and step away to take a call is often what allows me to show up for my family.

Most importantly, I share with my kids why I’m working: because mommy has an important job – she helps people.