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Russell Babb: Criminal Defense is the Coolest Thing in the World

Raleigh criminal defense attorney Russell Babb recalled his first criminal case. “I represented a young guy who was suspected of being a drug dealer,” Babb said. Police executed a search warrant and found a large amount of marijuana, scales and cash. “I worked that case to death. I thought it was the coolest thing in the world.” The client accepted probation and was happy with his lawyer. Says Babb, “That’s when my career path really came into focus.”

Earlier this year, Babb and Evan Horwitz were named co-managing partners of venerable Tharrington Smith when long-time managing partner Fred Morelock stepped down from the role.

Babb was never supposed to be a criminal defense attorney or the managing partner of a law firm. He was supposed to be an offensive lineman for an NFL team. “When I was young, I wanted to be a professional football player. That was my dream.”

I represented a young guy who was suspected of being a drug dealer, I worked that case to death. I thought it was the coolest thing in the world."

A standout lineman at Hunt High School in Wilson, NC, Babb was All-State and Honorable Mention All-American. He represented North Carolina in the 1990 Shrine Bowl.

Babb played offensive line at UNC on a Morehead Scholarship. Carolina went to four straight bowl games when he was a player – the Peach Bowl, Gator Bowl, Sun Bowl and Carquest Bowl. Babb won the 1995 Jim Tatum Award, presented to the top Senior Scholar-Athlete in the Atlantic Coast Conference, and was First Team Academic All-ACC.

“We played USC (Southern Cal) in the Pigskin Classic in 1993 and were a two-touchdown underdog. We ended up whipping them 31-9 and went on to be 10-3 that season.”

NFL scouts started sniffing around. But in November 1995, in a game against NC State at Carter Finley Stadium, he broke both bones in his leg. His football career was over in an instant.

It Sings to Me

Babb then entered the UNC School of Law where he earned his Juris Doctor.

He spent seven years practicing civil law but decided it wasn’t for him. On a lark, he accepted the drug case mentioned earlier. It piqued his interest in criminal law. “I’ve heard it said that ‘the practice of criminal law is not a tea party,’ and man is that true. I recognize that not every attorney is cut out to do this type of work. But for some reason it resonates with me, it sings to me,” explained Babb.

He then joined the Wake County Public Defender’s Office. “I really loved being a public defender. I took a pay cut when I accepted that job, and I’d never been happier as a lawyer,” recalled Babb. “I was assigned to felony probation violations in superior court, which can be really terrible cases. I loved finding legal arguments that would be dispositive and get the charges thrown out.”

Babb spent hours in court, soaking up lessons from more experienced criminal law attorneys and learning that it was a lot like football.

“Football is a very hard game. It is a very demanding sport. It’s one of the few sports where you prepare and practice way more than you actually get a chance to play,” said Babb. “That’s like being a courtroom lawyer; I’m at my best in court only after I’ve spent lots of time preparing my case in the office.”

And like in football, he learned that no matter how much you prepare, the unexpected sometimes happens.

Led Zeppelin and The Law

One afternoon, Babb had lunch with Roger Smith Jr. They talked about clients and cases, and the courthouse, but their conversation was dominated by their shared love of Led Zeppelin. Smith called him the next day with a job offer. It was the stairway to Tharrington Smith. “I was shocked and honored to get the chance to work at the firm. I wasn’t sure how long I’d last when they brought me on, but I knew from my lunch with Roger Jr. that we would have a lot of fun together.”

“One thing I learned from the Smiths is you start trying your case on the way to the courthouse because you never know which people you pass outside will eventually be on your jury. It is important to watch your language, to cross the street only in the crosswalk and never against the light,” recalled Babb.

Babb has a broad criminal law practice that includes DWIs and traffic cases, sex and drug offenses, assaults, white-collar crime, and murder.

“Everybody deserves a vigorous defense,” he said. “I’m going to give all my clients maximum effort.”

Babb, Wade Smith and Roger Smith Jr.

AI Ain’t Got No Soul

“There’s been a lot of debate about the role of artificial intelligence in the law but there’s no soul in AI,” said Babb. “You have to have soul as a criminal defense lawyer. You’ve got to really believe your client’s case and position to sell it, right? If I go down there like a robot and talk to a jury, they’re going to convict my client.

“But if I believe my case and know my arguments backward and forward, and I speak from my heart – that resonates with people,” he continued. “I think that’s what really helps me to be a good communicator and an effective criminal defense lawyer.

“Ultimately, the job is about having credibility and forming relationships with people.”

Mack Brown and Babb

WWWD

Evan Horwitz and Babb

Babb said that when his criminal defense partners have a question, “We say, what would Wade do? Wade would be honest and professional and courteous and polite. And that’s the way I try to conduct myself,” said Babb. “I want everybody down there [at the courthouse] to know I’m telling them the truth. They may not always like what I say to them, but they know I’m going to fight fairly and I’m not going to betray their trust.”

You’re Going to Be a Leader

Babb #67 vs Georgia Tech in 1993

Babb’s football career was plagued with injuries during his sophomore and junior years at UNC, and he missed playing time. “After my junior season, I was beaten up and tired and at a low –  personally and athletically,” he said.

At the end of that season, head coach Mack Brown pulled Babb into his office and said, “Your problem is you’re feeling sorry for yourself. What I need from you is to be a leader on this football team.” Babb heard his Hall of Fame coach and responded to the charge. “I went on to have my very best year as a player and settled into being a leader on the team.”

Coach Brown noticed and Babb was awarded the James Southerland Team Captain Award at the conclusion of his senior season.

He had a similar experience years later when he joined Tharrington Smith. “Wade [Smith] and I were chatting in his office and out of the blue he said to me, ‘Russell, one day you’re going to be a leader here.’ That gave me tremendous confidence to step into the managing partner role when Fred [Morelock] stepped down.”

A Team Guy

“I’ve always been a team guy. I take that to heart. That’s the way I operate as a lawyer at the firm. It’s important to me that my partners know I’m willing to roll up my sleeves and get the work around here done. That’s for the betterment of the team. That’s just ingrained in me.”

2021 WCBA President Dave Holm and Babb

The Brand is the Same

Tharrington Smith was started in 1964 by Wade Smith and Harold Tharrington. The firm has handled some of the highest profile and thorniest criminal defense cases in the state’s history, including the Duke lacrosse rape case and the Captain Jeffery McDonald “Fatal Vision” case. The firm has 42 lawyers and 28 staff.

The firm’s main practice areas are criminal defense, family law and education law.

As one of the two new managing partners of the 60-year-old firm, Babb does not anticipate any major changes in the firm’s direction. “The brand is going to stay the same. It’s best articulated by many satisfied clients. Clients who will say, ‘I hired this firm and I’m really glad I did because my lawyer really got to know me and was the best person to tell my story. My lawyer really fought for me.’”

“None of my law partners want to be told what to do,” said Babb. “They want the managing partner to keep us headed due north, avoiding any icebergs along the way. I’m lucky to be able to do the job with Evan [Horwitz].”

Tenth Judicial Bar President

Babb’s father, Henry Babb, was a very successful and well-respected lawyer in Wilson for 50 years. He was also heavily involved in the local and state bars. In 2020, Babb was asked to serve as president of the 10th Judicial District for 2021. “I thought it would be a really appropriate way to honor my father’s legacy by saying yes.”

Judge Ned Mangum (Ret.) and Tenth Judicial District President, Babb at the WCBA Social in 2019.

Winning is Such a High

“We are in the business of walking into fire with our clients,” explained Babb. “They are typically in their darkest hour and at their lowest point when they come to see us, and we just hop right into the burning building with them. It’s our role to grab them by the hand and tell them that we’re going to do everything we can to protect them and try to get them out of whatever terrible predicament they might have gotten themselves into.”

“Criminal defense can be grueling and difficult,” explained Babb. “I learned pretty quickly I can’t measure myself by wins and losses. The truth of the matter is criminal defense lawyers lose more than we win.”

“When you lose, it can be very discouraging and can wear you down. But then you win one, and it’s such a high. It’s such a rush. I’ve had so many cool experiences with clients when I win their case. I get grateful hugs. We go into the courthouse elevator together and we jump for joy. I’ll see them in the grocery store, and they high-five me or shake my hand. In those moments, I realize that all the effort and all the tough times are worth it. In those moments I see I made a difference for someone.”

At a Glance

Tharrington Smith, LLP
150 Fayetteville Street,
Suite 1900
Raleigh, NC 27601
919-821-4711
tharringtonsmith.com

Practice Areas

  • Criminal Defense

Education

  • Juris Doctor, UNC Chapel, Hill School of Law, 1999
  • Bachelor of Arts UNC, Chapel Hill,1996

Professional Organizations

  • 10th Judicial District Bar, President, 2021
  • Wake County Bar Association, Board of Directors, 2014-2016
  • 10th Judicial District Bar Grievance Committee, 2018-2020
  • Wake County Bar Association, Strategic Planning Committee, 2015 and 2018
  • Wake County Academy of Criminal Trial Lawyers
  • North Carolina Bar Association, Criminal Justice Section
  • North Carolina Advocates for Justice
  • National Association of Criminal Defense Lawyers

Professional Honors

  • Best Lawyers in America, Criminal Defense: General Practice, 2018-2024
  • Best Lawyers, in America, Criminal Defense: White-Collar, 2021-2024
  • Super Lawyers, Criminal Defense, 2021-2024
  • Business North Carolina’s Legal Elite, Criminal Law, 2012, 2015-2024
  • AV Preeminent Peer Reviewed Lawyer, Martindale-Hubbell, 2016-2024
  • Fellow, American Bar Foundation, 2016

Community Involvement

  • UNC General Alumni, Board of Directors, 2022-Present
  • YMCA Y-Guides Advisory Board, 2018-2024
  • Youth Flag Football and Basketball Coach, Various Local Organizations, 2015-Present

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