Minnesota Law alum Dane DeKrey ’14 began his legal career at Zimmerman Reed in Minneapolis working on class action suits on behalf of plaintiffs until he felt a different calling which led to a move to Fargo, North Dakota, where he became an assistant federal public defender. From 2019-21 he led the ACLU of North Dakota. He missed practicing law, so in 2021 he co-founded the boutique law firm, Ringstrom DeKrey PLLP. Its primary focus is state and federal criminal defense, with a growing civil rights practice. The firm is located in Moorhead, Minnesota, where DeKrey lives with his wife, two sons, and identical twin daughters.
What inspired you to become a criminal defense attorney?
Three things inspired me to become a criminal defense attorney.
First, I’m from Wyoming, the home of Gerry Spence, one of the most famous criminal defense attorneys of the 20th century. So, growing up, the only lawyer I knew of was Gerry, and the only type of law I knew of was criminal defense. Given this, even though I tried other types of law, I always thought this is where I’d end up.
Next, in my third year of law school, I handled a federal appeal that made me fall in love with criminal defense. The appeal involved trying to get a man a new trial because of deficient performance by his trial counsel. And even though we got reversed by then-Judge Gorsuch and the 10th Circuit, it convinced me that this was the type of work I wanted to do for my career.
Finally, a man named Andrew Mohring. Andrew is my friend, mentor, and legal hero. He’s a titan of the Minnesota criminal bar and was a federal public defender for nearly 30 years. He also teaches a class at the Law School. I met Andrew shortly after I graduated. We hit it off and I basically fashioned my career to mirror his. That is how I ended up as a federal public defender and how I’ve been able to do all the interesting things I’ve done as a criminal defense lawyer. I owe my entire career to Andrew.
In criminal defense, you may often find yourself working with clients who are experiencing some of their most challenging moments. What is one thing you tell your clients to help them through the daunting process of a trial or court experience?
I try to meet my clients where they are. There is no one-size-fits-all thing to tell people in these unimaginably challenging moments. What works for some doesn’t work for others. The best approach I’ve found is to ask questions to try figure out the most effective way to help the particular person. One thing I do in almost all of these conversations, however, is talk about the many mistakes I’ve made in my life. By showing them that I am also a flawed person, who has made countless bad choices, it transforms the hierarchical nature of the attorney-client relationship into a more “friends helping friends” situation. And when you can establish that bond, the chance of the case ending more favorably skyrockets.
What was something that surprised you when you began your practice?
The biggest surprise was realizing how similar my clients were to me and to people in society writ large. We get this narrative fed to us that people charged with committing crimes are bad, dangerous, and often irredeemable. Except for maybe one or two out of the 500+ people I’ve represented, nothing could be further from the truth. These folks are just like you and me. They are our neighbors. Our friends. They walk among us. They usually just encountered a challenging time, or a difficult situation, and reacted in a less than pro-social way. My clients are the best part of the job. I love them. And when people hear that, they’re often surprised. But it’s true. And it’s important to say it out loud.
What lessons have you learned, or advice would you give to a law student interested in pursuing criminal defense as a career?
First, don’t view the world as black and white. Instead, understand and accept that it’s gray. Working in criminal defense is working in the gray. No case is clear cut. No alleged conduct is exactly as the other side says it is. Things are complicated. Life is messy. My biggest complaint about prosecutors is everything seems so cut and dry to them. To be a great criminal defense attorney, your job is to never accept such simplistic framing.
Second, learn to accept disappointment. As much as I love this work, the harsh reality is that a substantial percentage of my clients will be punished somehow — and often that means being put in a cage. It’s hard to pour your soul into a case, and to believe in a case so much, only to lose. And then to have to get back up, dust yourself off, and do it all over again. This work is a mile-long race where we begin a lap behind. Given these odds, most people don’t want to race, because it feels rigged. But if not us, who? We must try no matter the odds because often, our clients’ lives literally depend on it.
How do you like to spend your free time away from work?
For the last six years, I’ve spent nearly all my free time with my family. My wife, Leah, and I have four kids under six years old, so our life is busy. We are also lucky enough to have a lake cottage about 45 minutes from Moorhead, so we spend a lot of time there in the summer. Finally, as a Fighting Mondales alum, I play on a beer-league hockey team in the winter. Other than that, it’s really just growing the firm and being a good father and husband with a wonderful wife and hilariously cool kids — and that’s just fine by me.
What is something about yourself that we would NOT find on your resume or CV?
Along with my two best friends, I’m obsessed with an old video game called Wii Sports Resort Golf. I bet the three of us have spent thousands of hours playing it, at least. There are these five challenges in the game where, when you complete one, you get a “stamp” that looks like a flower to denote the achievement. The fifth stamp is by far the hardest one, so the three of us agreed that if we ever got them all, we’d get all five tattooed somewhere on our bodies to forever mark the achievement but to also forever mark our friendship. Well, during COVID, we all finally got the fifth stamp after about 10+ years of trying. So now I have the five stamps tattooed on my upper right thigh. It’s a bit silly, no doubt, but it’s also an important reminder of the bond between best friends.
Is there anything else you would like to share?
Listen to your heart. I went to law school knowing I wanted to be a criminal defense attorney, but when I arrived, I thought the only way to “succeed” was by pursuing a career in Big Law, which is great for some people, but not what I was passionate about. I nonetheless chased that career archetype throughout law school and even for a few years after. At some point, however, I surveyed my life and career and realized I wasn’t happy. So, I vowed to make a change. Luckily, I had become friends with several people in the criminal defense community, so I leveraged those connections and willed my way into a new career. It was the best decision I ever made, and it’s the one I should have made all along. It’s hard not to follow the herd in law school. But if the herd goes in a different direction than your heart, take it from me: follow your heart. It took me five years to do so, but I’m so lucky I did because I couldn’t be happier as a criminal defense lawyer. It’s truly my dream job.
Oh, and one more thing — as all criminal defense attorneys will tell you: never talk to the police.