Every client has a story to tell.

Mitigation specialists are obtained and used in capital cases, or those cases in which the death penalty will potentially be sought if the client is found guilty after trial. This work requires the application of the highest standards and practices, and typically involves many months of investigation as well as involvement of various experts in the fields of neurology, psychology, education, and elsewhere. In this kind of case, we work to produce various summaries and chronologies so that all mitigating factors in a defendant's background can be explored and investigated. Work can occur at the pre-certification stage or at the sentencing phase, when success would mean a life sentence without the possibility of parole rather than death.

Mitigation specialists are hired to work for juvenile justice involved clients, most often when the client is facing discretionary transfer to adult court or otherwise looking at adult-like treatment. This work requires the identification of factors which may have contributed to a minor’s involvement in the criminal justice system. It will include exploring issues such as trauma, mental health struggles, family dynamics, and societal influences, among other things. By understanding these underlying factors, a more holistic and individualized approach to addressing the needs of the juvenile offender becomes more apparent, and one of the mitigation specialist’s goals is to promote rehabilitation and identify the support and resources a client needs to move forward positively.

Mitigation specialists are hired to work in post-conviction cases to ensure that the defendant receives a fair and just outcome in their post-conviction proceedings. This work involves gathering and presenting evidence which can potentially overturn their prior conviction or allow them to receive a resentencing. It involves interviews of the client, family members, friends, and other individuals who can provide insight into the defendant's background and mental health history, as well as review of past submissions to see what documentation or records were not sought or used in prior proceedings.

Mitigation specialists are frequently hired to work with clients charged in serious felony criminal cases at the pre-trial stage. This work involves gathering and presenting evidence to the prosecution with a goal of lessening the severity of the charges or the sentencing outcome for the defendant. Work involves interviews with the client and their family, obtaining medical and mental health records, collecting character references, and talking to others with knowledge of the client. The goal of mitigation work would be to humanize the client, provide context for their actions, and highlight any mitigating factors which may have contributed to the alleged criminal behavior. By presenting information early in the case, defense attorneys can potentially negotiate a more favorable plea deal or sentencing outcome for their client. In some jurisdictions, mitigation specialists are also used to present information to judges who will hear information presented during legal conferences with the attorneys.

Mitigation specialists are often hired to assist in cases at the sentencing phase, post-trial or post-plea. Work can occur at the state or federal level, and the goal either way would be to ultimately reduce the severity of the sentence imposed by highlighting mitigating factors which might otherwise not be learned or considered. Work would include interviewing the client, family members, and collateral contacts, but it also a review of records to better understand a client’s prior experience with mental illness, substance use, educational issues, or adverse childhood experiences. A mitigation specialist should not be retained right before the sentencing hearing date as a thorough mitigation investigation cannot be conducted in a short time frame.