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questions. He does not restrain himself to the normal boundaries of litigation." And he doesn't restrain himself to the normal attire attorneys wear in trial, either. "He doesn't look like some Brooks Broth- ers wardrobe consultant chained him to a chair," Cogdell says. "He dresses in colors [tan suits, bright Hermès ties] that create an energy around him." His dress and genial courtroom pres- ence are as studied as they are genuine. He separates himself from the other lawyers in the courtroom by not seeming like one. He draws attention in a good way, controlling the courtroom by building a comfortable bond between himself and the jury. He feels that once they're in that comfort zone, jurors believe he won't lie to them, and he gets the benefit of the close calls. "When he started talking to us, it was like talking to a close friend," recalls Lynn Barker, a juror in the Marshall case. "He made us feel like we were important to him. He wanted us to understand like he did, believe what he believed." The jurors nicknamed Hardin "Bulldog" for his tena- cious three-day cross-examination of Smith. Noted for its one-liners, their icy banter tested her patience and became memori- alized in a T-shirt reflecting one of Smith's responses: "Screw You, Rusty." In 2001, after a five-month trial, Smith got nothing, but Hardin attained rock-star status. His national reputation grew exponen- tially the following year when he led the criminal defense of the Arthur Andersen ac- counting firm against the Enron task force. The case charging the firm with obstruction of justice should have been a slam dunk for the government. But "Rusty showed extraor- dinary passion, which in a corporate case was very surprising," recalls his co-counsel, San Francisco–based attorney Lee Rubin. "He kept it a very close case, because he consistently reminded the jury that Arthur Andersen was people." Although Arthur Anderson was convicted (the U.S. Supreme Court later reversed the case), Hardin deadlocked the jury for 10 days and again became the darling of the national press. "Hardin loses battle, but wins star- dom," said one USA Today headline. The case remains one of the few times when Hardin attacked the prosecution ("for being overzealous") and challenged the fair- ness of the judge. "If you watch, you will no- tice he is not short on courage," Cogdell adds. Despite Hardin's achievements, lawyers, like writers, are judged by their latest work, and some in the media are saying that the true test of his legacy will be his defense of Clemens. And with an unwavering accuser who alleges he repeatedly injected Clemens with steroids, Clemens may have several strikes against him. But he also has Hardin. "Rusty is the wild card in the case," Cog- dell adds. "If jury trials are a spectator sport, the second Clemens trial is going to be the Super Bowl." MARK DONALD is a freelance writer who lives in Dal- las. His work has appeared in GQ, Men's Health, People, Cosmopolitan and Child. Although he no longer practices law, he does his best to follow it. getaroom offers rates so low, hotels won't let us publish them on the website. getaroom Booking Agent Emily C. Dial us directly for amazing hotel room deals. 800-468-3578getaroom.com AA.COM/AMERICANWAY JANUARY 15, 2012 55 Great hotel rates guaranteed!

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