18 Secrets of Criminal Defense Attorneys

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iStock

It's one of the more thankless jobs in the legal arena. Criminal defense attorneys, who stand beside clients accused of everything from minor offenses to mass murder, must mount the most effective defense of their client possible no matter how heinous the crime. While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains.

In their view, that’s missing the point. In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes. "It's an all or nothing game," says Jeffrey Lichtman, a New York-based attorney who has represented John A. Gotti and accused Mexican drug lord Joaquin "El Chapo" Guzman. "It's win or lose. There is pressure, excitement, and responsibility in being a criminal defendant's only protector and support."

To get a better understanding of this often emotionally draining work, Mental Floss spoke with three high-profile defense lawyers. In addition to Lichtman, we talked to Chris Tritico—the subject of the first episode of Oxygen’s In Defense Of docuseries premiering June 25, and who represented Oklahoma City bomber Timothy McVeigh in 1997—as well as Bryan Gates, practicing in North Carolina. Here’s what they shared about life as a devil’s advocate.

1. ATTORNEYS DON'T ALLOW THEIR PERSONAL FEELINGS TO TRUMP DUE PROCESS.

Some defendants have clearly committed terrible crimes, but they still have constitutional rights—so attorneys don't let their personal feelings about a crime get in the way of a client's defense. “There’s never been a day I stood up for someone accused of a crime where I would endorse that crime,” says Tritico. “I don’t justify the act of blowing up a building and killing 168 people. But McVeigh has to be protected and his rights have to be protected. People like me have to be willing to stand up and say, ‘I will stand up for you.’ You do it for McVeigh and you do it for everyone.”

2. BONDING WITH CLIENTS IS KEY, REGARDLESS OF THE CRIME.

It can be hard to find common ground with someone accused of misdeeds that could land them life in prison or even a death sentence, but defense attorneys say that there’s usually a way to relate to their clients as human beings—and the case will be better off for it. Lichtman became friendly with Gotti by discussing family; Tritico found McVeigh to be amiable. “I wanted Tim to like me and I wanted to like him,” he says. “I wanted him to trust my decisions. It doesn’t happen every time, but the vast majority of the time, I like them.”

3. THEY RESEARCH JURORS' BACKGROUNDS.

Examining a potential juror, known as voir dire, is an art. Both defense and prosecution want people in the jury box who can be swayed, though circumstances are usually stacked against the defense. "The jury is coming in ready to convict, as no one generally supports crime," Lichtman says.

When quizzing would-be participants, Lichtman talks fast: "I’m speaking a-mile-a-minute, looking to get the potentially problematic jurors to either knowingly or unwittingly expose their natural biases so that I can get them kicked off the panel for cause. The jurors who I think can keep an open mind or are anti-police I will not question at all, because I’m afraid they’ll reveal those biases and get struck by the prosecutor when he uses a peremptory challenge [an objection to a juror]."

Once in court, Lichtman focuses on finding the one person in the box of 12 to connect with. “I look up the backgrounds of jurors,” he says. “I’m looking for anything in the background I can exploit in order to tailor my summation to something that’s happened in their lives.”

4. THEY'RE ALWAYS WATCHING THE JURY'S BODY LANGUAGE.

Keeping tabs on a jury means being able to assess which direction they’re leaning. Lichtman says body language can tell him a lot. “You can feel how a trial is going,” he says. Jurors who laugh or smile at his jokes are on his side. Jurors turning away from him are not. “You can tell who’s following you. They’re energized by your arguments.”

Evaluating how jurors are reacting allows Lichtman to make real-time adjustments to his arguments. "As I’m questioning a witness or beseeching the jury during a summation, if I see someone turn away from me, I keep that juror in mind and what may have turned him or her off, and try to rectify or address it down the road," he says. "If I have someone laughing, I know that there’s a juror who may not be acquitting my client but he or she is at least open to it, so I spend a lot of time working on them."

5. THERE’S A REASON THEY STAND SO CLOSE TO THEIR CLIENTS.

The image of an attorney standing up next to their client as the verdict is being read is usually interpreted as a sign of solidarity, but lawyers may have another reason. Tritico says that early in his career, he took on a client charged with aggravated robbery. Despite Tritico’s advice to take a plea bargain, the man took his chance at trial—and lost. His sentence was 40 years. “I was looking at the jury as the verdict was being read and felt something moving,” he says. “He had passed out. From that point forward, I always grab my client by the arm to make sure that doesn’t happen again.”

Sometimes, it's the attorney who might need the assist. According to Tritico, hearing a man being sentenced to death, as he did with McVeigh, "might be the most sobering thing you'll ever hear in your life."

6. A CLIENT CAN BE THEIR OWN WORST ENEMY.

The adage about never, ever talking to police without an attorney present? It’s probably the single best piece of advice any defendant will ever get, yet many still refuse to let the message sink in. “I can’t think of anyone who has ever talked their way out of being charged,” Gates says.

It doesn’t stop there, though. Defendants idling in jail before their court dates can wind up digging themselves an even deeper hole. “They’ll write letters to people. The district attorney, at least in North Carolina, can get a copy. It might not be an outright confession, but there can be things that won’t put them in the best light. Phone calls are the same.” If they're upset with their counsel, some clients will even write letters of complaint to the DA or a judge, which might let slip some damning information that can be used against them later. “That will just devastate a case," Gates says.

7. THEY GET HATE MAIL.

Representing public figures like John A. Gotti, the son of notorious mafia figure John Gotti, often leads to attorneys being damned by association. Lichtman used to get hate mail, which later morphed into hate e-mail and other displays of contempt. “I’ve been spit on walking into court,“ he says. “I’ve been [called names] while sitting at the defense table by a witness walking off whose clock I just cleaned.” None of the vitriol has impacted Lichtman’s drive to mount the best defense possible for his clients. “I’ve never once apologized for what I do. Representing a suspected murderer does not mean I’m pro-murder.”

8. INNOCENT DEFENDANTS CAN MAKE THEIR WORK HARDER.

It might seem like an innocent client would be easier to defend. But according to Gates, having a strong belief that a client is falsely accused creates additional strain on the defense. “It’s very stressful because you’re really identifying with the person,” he says. While no attorney wants to see any client found guilty, it can be gut-wrenching to know the person might be punished for something they didn’t do. “We had one lawyer here [in North Carolina] who worked for 15 years for someone he felt was wrongfully accused, and he was ultimately able to prove it.” But that's unusual—more often, attorneys suspect their clients are innocent and have to look on as juries convict them.

9. SOMETIMES THEY GIVE THEIR CLIENTS MAKEOVERS.

If a defendant is partial to ripped jeans and heavy metal t-shirts, attorneys will often advise them to spend some time shopping. “It’s not about creating an illusion,” Tritico says. “But if someone comes in with, say, a mullet, I’m taking them to the barber. We’re buying slacks and a button-down shirt. You need to show respect for the system.”

10. THEY LOVE THE EXCITEMENT—BUT TRIALS DON'T MOVE AS FAST AS YOU THINK.

Ask a criminal defense lawyer why they chose that legal subspecialty and the most common answer is that nothing gets their blood going more than a case with high stakes. “Cases move faster and they’re just more interesting than civil cases,” Gates says. “There’s nothing worse than an extended conversation about Article 2 of the Uniform Commercial Code. It’s just more interesting to talk about a bank robbery.”

That said, no trial moves along at the speed presented by true crime documentaries or popular fiction. “Trials are not interesting to watch," Gates says. "They take a long time and many stretches are just boring. CourtTV, when they would put a camera in the court room all day? Like watching paint dry.” While many trials are over in three to five days, some take weeks or even months. In 2013, jurors spent seven weeks on the federal trial of notorious Boston gangster James "Whitey" Bulger and another five days deliberating on a verdict. (Guilty on 31 counts, including extortion and involvement in murder.)

11. THEY DON’T STAND UP AS OFTEN AS YOU THINK.

Another popular television trope is the defense attorney pacing, gesticulating, and thumping tables in an effort to exhibit some swagger in front of a jury. While rules for grandstanding vary by state, Gates says that, at least in North Carolina, he doesn’t spend a lot of time on his feet. “We have to question all witnesses from a seated position behind the counsel’s table,” he says. “We can’t pace around the room or pound on a rail. Most judges are not going to let you do a lot of dancing in front of a jury.”

12. THEY THRIVE ON CAN’T-WIN CASES.

Sometimes prosecutors are so determined to nail defendants—particularly in federal trials where ample government resources can mount suffocating cases—that defense attorneys see no obvious way to win. For Lichtman, that’s part of the appeal. While Guzman has yet to go to trial, Lichtman successfully defended Gotti against a litany of racketeering charges in 2005. “When I took on the 'El Chapo' case, I got calls from lawyers I respect saying, ‘You’re crazy, you don’t need this,’” he says. “What am I doing this for if not to take this case? How do you not want to take on challenging cases?” And the greater the obstacle, the more Lichtman prepares. “The more you work, the more you understand the facts, and the better your chances at trial.”

13. THEY BELIEVE THE BAIL SYSTEM IS BROKEN.

Jailed for a crime? You might be innocent until proven guilty, but that presumption doesn’t mean you’re free to walk the streets. Gates believes the bail system for freeing jailed clients is fundamentally unfair and designed to force plea bargains favorable to the prosecution. “They will reflexively argue for $250,000 bail when a person is unemployed,” he says. “There’s no chance a person could post it. A bondsman will charge at least $20,000.” In the Bronx, for example, the average wait time for a jury trial is 827 days. The longer someone is forced to live in a cell, the easier it is for prosecutors to make a deal—and avoid the dice roll of a jury trial.

14. PUBLIC DEFENDERS GET A BAD RAP.

While it’s true a high-profile attorney can deliver a compelling defense in exchange for a sky-high bill, the stereotype of public defenders assigned to indigent clients as being incompetent is undeserved. “It’s mostly television that gives them the bad rap of being an overworked, under-prepared lawyer,” Tritico says. “But at any of the public defender’s offices I’ve been in, they do good, solid work. It’s a rare day I see someone there who isn’t working as hard as I’m working when I’ve been retained.”

15. THE TRUE CRIME TV CRAZE IS CHANGING THEIR APPROACH.

Every week seems to bring a new docuseries obsession, from Making a Murderer to The Staircase. For lawyers addressing jurors, they have to factor in what these shows have "taught" viewers about the criminal justice system, even if it's not quite accurate. "True crime shows on TV have turned every layperson into an expert in their minds," Lichtman says. "So juries are less likely to believe expert witnesses, police officer witnesses, and prosecutors and defense lawyers because they know better."

Instead of fighting it, Lichtman leans into it. "For me, I don’t mind this new mindset because I play into juries’ natural skepticism in my theory of defense. I exploit the facts that seem impossible to believe, even when true, and beseech the jury to use their common sense gained from a lifetime of experience. And TV watching."

16. PUBLIC OPINION CAN INFLUENCE CASE STRATEGY.

Criminal cases can often draw local or national headlines, making prospective jurors aware of the personalities and details involved. A good attorney will always take notice of which way the public tide is turning while preparing a defense. "Public opinion has a huge impact on how I handle a case," Lichtman says. "After all, the jury is a small slice of that public opinion going into a trial, and I need to persuade them or dissuade them during my brief time before them. So it’s important to know what I’m dealing with beforehand. What are the areas of concern or preconceived notions for me at a trial that I need to develop or combat?"

Not doing so, Lichtman believes, is a gross oversight: "A lawyer who does not do his due diligence before the trial starts in learning what public opinion is about his client, or the conduct allegedly committed by his client, is a lazy fool."

17. THEY DON'T HAVE AN OBLIGATION TO DISCLOSE A CLIENT'S ADMISSION OF GUILT.

If a defendant decides to use their lawyer's office as a confessional, their counsel is under no obligation to turn around and pass that information along to law enforcement. "If a client discloses his guilt to me, I’m obligated to do one thing and one thing only," Lichtman says. "Not let him lie on the stand while under oath."

Defendants don't often testify on their own behalf anyway, but that kind of admission would make sure they don't. "It’s not the defense lawyer’s obligation to do anything but fight the government’s evidence. The search for the truth in a trial does not necessarily include me, the defense attorney," Lichtman says.

18. CLIENTS SOMETIMES WANT ADVICE BEFORE COMMITTING A CRIME.

It is legally and morally forbidden for lawyers to counsel anyone on the best way to commit a crime, but that doesn’t stop people from asking anyway. "I get it a lot, even today," Lichtman says. "'If I do this, is this OK?'" Lichtman will tell them what’s legal "up to the line" and no further. "All the advice is legal and above-board. I treat every conversation as if someone is listening."

All images courtesy of iStock.

10 Killer Gifts for True Crime Fans

Ulysses Press/Little A
Ulysses Press/Little A

This article contains affiliate links to products selected by our editors. Mental Floss may receive a commission for purchases made through these links.

Humans have a strange and lasting fascination with the dark and macabre. We’re hooked on stories about crime and murder, and if you know one of those obsessives who eagerly binges every true crime documentary and podcast that crosses their path, you’re in luck—we’ve compiled a list of gifts that will appeal to any murder mystery lover.

1. Donner Dinner Party: A Rowdy Game of Frontier Cannibalism!; $15

Chronicle Books/Amazon

The infamous story of the Donner party gets a new twist in this social deduction party game that challenges players to survive and eliminate the cannibals hiding within their group of friends. It’s “lots of fun accusing your friends of eating human flesh and poisoning your food,” one reviewer says.

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2. A Year of True Crime Page-a-Day Calendar; $16

Workman Calendars/Amazon

With this page-a-day calendar, every morning is an opportunity to build your loved one's true crime chops. Feed their morbid curiosity by reading about unsolved cases and horrifying killers while testing their knowledge with the occasional quizzes sprinkled throughout the 313-page calendar (weekends are combined onto one page).

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3. Bloody America: The Serial Killers Coloring Book; $10

Kolme Korkeudet Oy/Amazon

Some people use coloring books to relax, while others use them to dive into the grisly murders of American serial killers. Just make sure to also gift some red colored pencils before you wrap this up for your bestie.

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4. The Serial Killer Cookbook: True Crime Trivia and Disturbingly Delicious Last Meals from Death Row's Most Infamous Killers and Murderers; $15

Ulysses Press/Amazon

This macabre cookbook contains recipes for the last meals of some of the world’s most famous serial killers, including Ted Bundy, Aileen Wuornos, and John Wayne Gacy. This cookbook covers everything from breakfast (seared steak with eggs and toast, courtesy of Ted Bundy) to dessert (chocolate cake, the last request of Bobby Wayne Woods). Each recipe includes a short description of the killer who requested the meal.

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5. Ripped from the Headlines!: The Shocking True Stories Behind the Movies’ Most Memorable Crimes; $15

Little A/Amazon

In this book, true crime historian Harold Schechter sorts out the truth and fiction that inspired some of Hollywood’s best-known murder movies—including Psycho (1960), Scream (1996), Arsenic and Old Lace (1944), and The Hills Have Eyes (1977). As Schechter makes clear, sometimes reality is even a little more sick and twisted than the movies show.

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6. The Deadbolt Mystery Society Monthly Box; $22/month

CrateJoy

Give the murder mystery lover in your life the opportunity to solve a brand-new case every single month. Each box includes the documents and files for a standalone mystery story that can be solved alone or with up to three friends. To crack the case, you’ll also need a laptop, tablet, or smartphone connected to the internet—each mystery includes interactive content that requires scanning QR codes or watching videos.

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7. In Cold Blood; $10

Vintage/Amazon

Truman Capote’s 1965 classic about the murder of a Kansas family is considered by many to be the first true-crime nonfiction novel ever published. Capote’s book—still compulsively readable despite being written more than 50 years ago—follows the mysterious case from beginning to end, helping readers understand the perspectives of the victims, investigators, and suspects in equal time.

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8. Stay Sexy & Don’t Get Murdered: The Definitive How-To Guide; $13

Forge Books/Amazon

Any avid true crime fan has at least heard of My Favorite Murder, the popular podcast that premiered in 2016. This book is a combination of practical wisdom, true crime tales, and personal stories from the podcast’s comedic hosts. Reviewers say it’s “poignant” and “worth every penny.”

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9. I Like to Party Mug; $12

LookHUMAN/Amazon

This cheeky coffee mug says it all. Plus, it’s both dishwasher- and microwave-safe, making it a sturdy gift for the true crime lover in your life.

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10. Latent Fingerprint Kit; $60

Crime Scene Store/Amazon

Try your hand (get it?!) at being an amateur detective with this kit that lets you collect fingerprints left on most surfaces. It may not be glamorous, but it could help you solve the mystery of who put that practically empty carton back in the refrigerator when it barely contained enough milk for a cup of coffee.

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10 Behind-the-Scenes Secrets of Professional Songwriters

A songwriter in her natural habitat.
A songwriter in her natural habitat.
Soundtrap, Unsplash

Behind every club banger and power ballad is an eclectic team of individuals, each with their own role in its creation and promotion. Needless to say, it couldn’t happen without the songwriters. These gifted musicians don’t just pen the lyrics that fuel all your car concerts and karaoke nights—they also manage egos, help artists articulate their innermost feelings, and juggle their own side gigs. So what does a songwriting career actually look like? Mental Floss chatted with three experienced songwriters about everything from how they make money to how they make hits.

1. It’s common for songwriters to have their own music careers.

From Carole King to Pharrell Williams, the music industry has long teemed with talented artists who’ve written songs for other acts—so it’s not exactly surprising that so many songwriters are nurturing what they call their own “artist projects.” In fact, all three songwriters interviewed for this article have released new music in the last few months. Daniel Capellaro released the EP Nightside [A] in November under the moniker “Dvniel”; Skyler Stonestreet’s first single as “The Sunshine State” dropped in late October; and Trent Park has been unveiling a steady stream of singles and corresponding music videos since June.

Though it seems like it could be difficult to constantly fork over songs that they might want to release themselves, the collaborative nature of the business prevents this from being a major issue. Often, the songwriter is working off ideas and emotions specific to the artist they’re writing for, so the song truly feels like it belongs to that artist. Other times, the song gets tweaked by so many writers and producers that it’s no longer the original songwriter’s personal opus. “When a song comes out, sometimes I’m like, ‘Ah that was good, but I would’ve done it a totally different way,” Park says. “But that means it wouldn’t be the song that it is.”

2. Songwriters sometimes have to fake it ’til they make it.

In a business built on relationships, it’s pivotal for up-and-coming songwriters to always be on the lookout for new connections. Sometimes, this means acting first and thinking later. During Capellaro’s early days in Los Angeles, his demo CD was his de facto business card. About a month after giving one to an executive from Universal Music Group, he got a call from the company asking when he was playing next. Having no dates lined up, he picked one at random: March 16. “So I hang up and I'm like, ‘OK, I’ve just committed to playing a show. I've got no venue. I've got no band. I have to get all this put together in the next 30 days,” Capellaro remembers.

He found a former bass player from the band Lifehouse on Craigslist, and the two set about securing the rest of the band. For the venue, Capellaro chose a well-known rehearsal space called SIR (Studio Instrument Rentals), only to find out that the Universal exec slated to see the show “[had] never signed a single act at SIR—she hates that place.” It was too late to switch venues, so Capellaro reassured his Universal contact over the phone that “she won’t recognize it” and immediately transported everything in his recently furnished living room to the stage to give it a whole new look. “I had a couch, a rug, tea candles,” he says. “I wanted it to feel like MTV Unplugged.” The hard-to-please executive was duly impressed. “She’s like ‘You sound great. How long have you guys been playing together?’ and I’m like, ‘Ah, you know, for a while.’ I didn’t want to tell her ‘Four days.’”

When asked what surprised him most about the industry, Park answered without hesitation: “That nobody knows what they’re doing.” He, too, confessed to occasional fibbery. “There are some times when I reach out to an artist and I say, ‘I love your stuff. I have a song for you,'” he says. “I’m completely lying. I just want to work with that person, and once they reach out I end up formulating songs in the vein of their stuff.”

3. Songwriters don’t just write for career music artists.

Songwriters like Capellaro and Stonestreet, who are signed to music publishing companies, mainly do work on songs for fellow artists. Park, on the other hand, is an independent songwriter—so his clients sometimes come from other industries altogether. “Right now I'm writing for a couple lawyers that are just doing it as a passion, but they pay me really well,” he says. “I’m there for everyone. Honestly, it’s way better money.” Park also spent a few weeks writing songs for the wife of a billionaire app developer. Not only did she pay him triple his per-song rate and triple his per-diem rate, she also insisted on posting him up in a luxury hotel and giving him an additional $500 each day for food and other expenses. “That was a really cool [scenario],” Park says, “I’m hoping for more of those.”

4. There are countless ways to create a song—and countless people involved.

Songwriting isn’t exactly a linear process. “You can start from any place,” Capellaro says. “You can start with someone toe-tapping, or have a piano pulled up and just start playing a C chord over and over again.” Often, the record label has already started for you—they’ll send an instrumental track to multiple songwriters, who each adds their own lyrics and melody. Then, the label simply chooses their favorite.

Other songs originate in songwriting camps. Basically, a record label will gather various songwriters in a house, split them into small groups, and “see if magic happens,” Stonestreet says. During a camp meant to generate hits for Dua Lipa a few years ago, it did: Stonestreet and several other writers penned her 2018 single “IDGAF.”

But even after a track has lyrics and a melody, there’s always a chance it’ll undergo another round of edits. Maybe a label liked a certain producer’s work on another song, so they ask them to tweak this one; or they bring in a new writer to fine-tune a few words or add a post-chorus. Big artists also sometimes have personal collaborators that they want credited on the song, whether or not they actually helped create it. “That’s why when you look at a Katy Perry song, you’re like ‘How did 14 people write this one song that has the most juvenile lyrics I’ve ever heard in my life?’ They didn’t—it’s all politics,” Capellaro says.

5. Songwriters don’t make much from music streaming services like Spotify.

Music streaming services like Spotify and Apple Music are notorious for pocketing most of the earnings from artists’ work. Spotify, for example, pays the rights holder as little as $0.006 for each stream—and that paltry sum must then be split among all the people involved in making the song. Songwriters, producers, musicians, managers, label executives, and any number of other people could each be entitled to a certain percentage of the profits. “I have over a million streams on one catalog, and that translated to $785,” Capellaro says. “If I sold a million copies, I would’ve had a house up in [Beverly Hills].” Not only are the rates low, but artists also have to somehow make their songs stand out from the tens of thousands of other new songs released each week, which Capellaro admits is “virtually impossible.”

6. Songwriters often juggle other jobs.

Since songwriters can’t rely on streaming dividends for income—and salaried music publishing positions don’t always come easy—they often make ends meet with a variety of side gigs. Park realized early in his career that while songwriters were mainly earning money from royalties, producers were often paid an hourly rate or up-front lump sum. “So I learned how to produce,” he says. Then, he purchased a mic and other equipment so he could record vocals at home—like hooks for people’s rap or EDM songs. “Basically, I’m an a la carte thing,” he explained. Park eventually branched out into music video production, and he’s now directed videos for chart-topping artists like G-Eazy and Ty Dolla $ign. He also served as a music technical consultant for 2020’s The High Note, starring Tracee Ellis Ross and Dakota Johnson; in that position, he made sure the dialogue, instruments, and other music-related details matched real life.

Even when a songwriter appears to be working a job entirely unrelated to the music industry, there could be a shrewd reason for doing so. Capellaro spent more than a decade running a restaurant called Amici in Brentwood, California. “I knew I wanted to be there because that’s where the celebrities live,” he explains. Sure enough, he connected with people like J.J. Abrams, Laura Dern, and Bonnie Hunt, who was hosting her NBC talk show at the time. One evening while refilling Hunt’s water glass, Capellaro posed a question: “Hey Bonnie, what would it take to be on your show?” She asked if he had a CD on hand, which he did, and booked him as a musical guest within weeks. The day after the taping, Hunt dined at Amici again and lauded Capellaro for his performance. “I’m like, ‘This is so surreal. I was just on your show yesterday, and now I’m bringing you sea bass.” A producer who caught the performance later reached out to Capellaro and ended up inviting him to his studio for songwriting sessions—which yielded hits for Chris Brown and Boyz II Men.

It was also at Amici that Capellaro developed a friendship with Marc Caruso, a music engineer who happened to be the founder of a music publishing company called Angry Mob Music Group. About five years ago, Caruso, knowing Capellaro was itching to give up his restaurant job and focus on music full-time, offered him a music publishing deal; Capellaro’s been there ever since.

7. Songwriters have to form close bonds with artists in a few hours or less.

Because the goal is to create a song that feels personal to the artist, songwriters usually prefer to work directly with them whenever possible. And getting the artist to give them some seed of inspiration means forging a deep friendship with them within minutes of entering the studio.

“There’s so much trust that needs to happen in the room. You’re telling potentially intimate details about yourself that would be uncomfortable sharing [with a stranger]. So much of it is trying to create a safe place for the artist and a safe place for the writers, all the while dealing with egos the size of tall buildings,” Capellaro says. “It’s almost like a therapy session: What’s your mood today? What happened over the weekend? What’re you pissed off about? What’re you inspired by at this very moment? Because it can change at 5 p.m. today, and maybe that inspires the song.”

Stonestreet expressed a similar sentiment. “I honestly love when the artist is involved. You won’t know anything specific unless you’re sitting there having a conversation—it can be emotional. You form a relationship, and you trust each other to handle the information.”

8. Songwriters have to say “no” without actually saying “no.”

Songwriters have to find creative ways of steering a song in the right direction without flatly rejecting an artist’s not-so-great suggestion. Stonestreet might toss out a compliment and lean on the lackluster reaction of the room as evidence that they haven’t yet struck gold. Something to the effect of: “‘That’s cool, and I like it, but maybe it’s not jumping out, and it’s not making everyone jump around the room and [giving everyone] that feeling of ‘This is so exciting.’”

“I always say, ‘Let’s try it,’” Park says. “‘I don’t necessarily hear what you’re talking about, but let’s try it.’” Sometimes, hearing their idea come to life is enough to make the artist realize it isn’t a great fit. Park also occasionally asks the artist’s manager, significant other, or another trusted party to weigh in, hoping they’ll side with him. “But I am always honest. I’m like, ‘Yeah, I don’t think the idea works. If you like it, 100-percent do it. It’s not my vibe, but it’s your song.'”

And since the artist does have final say, the writers also need to know when to cut their losses. If the artist is hell-bent on certain subpar lyrics? “You’re going to go with whatever they’re going to like,” Capellaro says.

9. Songs sometimes get lost in the abyss.

Earlier this year, Stonestreet wrote Ariana Grande and Justin Bieber’s duet “Stuck with U,” which got released mere weeks later. “I just heard the demo of it last week, and it’s coming out Friday. I don’t understand what’s going on,” she thought at the time. “That was a freak thing. Usually you do have to wait a minute.” A minute could be a year—or never. “So many people have to say yes to the song for it to come out … All the label’s people, the artist’s team, your team.” Even after getting all those green lights, a single could still test poorly among advance radio reviewers and end up stalling indefinitely.

Sometimes, a record label neglects to send the finished product back to the songwriter. “I think some songs can go into a complete abyss where they just sit on a hard drive for years and years,” Stonestreet says.

10. Songwriters have mixed feelings about making music via Zoom.

Since songwriting often involves multiple people spending long hours in a small studio, the coronavirus pandemic threatened to upend the whole system. So songwriters went virtual. Some, like Park and Stonestreet, already had recording equipment at home; Capellaro, meanwhile, quickly invested in a mic, a monitor, cables, and all the other requisite gadgets. To shift the workflow online, they’ve had to more clearly define each person’s task for each song.

“I’m a vocalist, so I’m going to record vocals in my house, and I will send the stems to producer X, Y, or Z, have them tune them for me [and] put them into the rest of the track," Capellaro says. “I can have another guy master it, [and] we can always hop on a FaceTime or Zoom call to get it written and recorded.” This streamlined process has actually helped with productivity. “I have been writing more music since March than I was previously,” Capellaro says.

Making music via video chat tends to work better with fewer people, so Stonestreet has enjoyed the opportunity for more one-on-one sessions. When there are several people on the call, they cut down on confusion over who’s speaking (and singing) by thoroughly explaining each suggestion. “You really talk things through, which has been really nice,” she says. That said, the camaraderie born in the studio is hard to recreate on a computer screen, and songwriters are eager to experience that again. “I love Zoom, but I also really miss people in the room with me,” Stonestreet says.