Top Lawyer 2022: Richard Gaxiola, Criminal Defense

Editorial StaffSeptember 2, 2022
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It’s time to lawyer up! Our inaugural list of the Valley’s most respected legal eagles spans 39 specialties, from personal injury attorneys to business litigators. And all of them are peer-selected, so you know they’ll do your case justice.

Photo by Mirelle Inglefield
Photo by Mirelle Inglefield

Richard Gaxiola

Specialty: Criminal Defense
Law School/Year Graduated: University of Arizona, 2000
Years in Practice: 21

Criminal defense attorneys are frequently portrayed in TV and movies. What are some of the stereotypes these representations get wrong?
The biggest misconception is what criminal defense lawyers actually do. Most people assume we simply defend “criminals.” Such a silly misconception to have. We actually defend the constitutional rights of our clients by ensuring that he or she receives fair and equitable treatment during charging, litigation and ultimately a trial. In that sense, we defend everyone’s constitutional rights and freedoms from the encroachment of unjust criminal charges and unjust prosecutions.

Are there any portrayals that are spot-on?
12 Angry Men for demonstrations on how a jury behaves, The Verdict with Paul Newman for a burned-out lawyer… and I heard that The Lincoln Lawyer wasn’t too bad for the wheeling and dealing on cases.

What is the biggest factor in a successful criminal defense trial, irrespective of the facts of the alleged crime?
A nice suit and a great smile! Seriously, though… nothing beats hard work. You must put in those long hours to develop cogent defense strategies and work up your case for trial.

Being a trial lawyer involves a lot of time and pressure. How do you de-stress?
Travel. Hit the beach often. Work out, run my dogs, hike and spend time with the people you can tolerate.

What are you watching on Netflix these days?
How to Change Your Mind.

“If I wasn’t a lawyer, I’d be…”
A circus clown!

How we Picked our Top Lawyers

PHOENIX magazine generates its Top Lawyers list via an online survey of practicing attorneys in the Greater Phoenix area. Partnering with Colorado Springs-based information research firm Data Joe, PHOENIX disseminates emails to each of the roughly 16,000 active attorneys licensed with the State Bar of Arizona, directing them to an online portal managed by Data Joe. The survey, which takes place over six weeks, asks respondents to provide the names of up to three attorneys they deem the best in 39 legal specialties. To spread the votes democratically, respondents are asked to nominate at least one attorney in each category who works in a firm other than their own.

At the conclusion of the voting, Data Joe tallies the votes digitally and verifies that vote recipients are in good standing with the State Bar. PHOENIX editors then set the vote thresholds in a manner that ensures the top 10 to 20 percent of vote-getters in each category make the Top Lawyers list. Our fact-checkers then call each attorney on the final list to confirm their affiliation with a Valley-based firm and obtain accurate contact information.

PHOENIX does not give preference to attorneys who advertise. Top Lawyers earn their place on the list purely by virtue of the votes they receive, and our sales staff does not see the list until the lawyers have been confirmed by our fact-checkers. 2022 is the first year PHOENIX has conducted Top Lawyers.