For 50 years, no client or lawyer could have a better advocate or friend than John Zwerling.
It is with the deepest sorrow and profound sadness that I share with you that John Kenneth Zwerling, our JZ, one of our dearest and best, passed away in the early morning hours of Sunday, March 27, 2022. For those that knew John, I know this is a deep loss — and we all are devastated. Though John had been battling leukemia since the summer of 2021, consistent with his lifelong mission and dedication as a defense lawyer, he continued to argue cases persuasively and as recently as two weeks ago. His beloved wife of 48 years, Pat West, was with him on his final day.
John was the best of the best, as a lawyer and as a person. He was a Dean of the criminal defense bar in Alexandria, Virginia, and then expanded his “Deanship” to include Charlottesville when he relocated his residence, maintaining offices in both cities. John was an extraordinarily gifted strategist and warrior both in and out of the courtroom. His diverse practice and wide array of successes spanned the pre-trial, trial, post-trial, appellate, and collateral relief phases of criminal prosecutions. And his clientele was equally diverse including the high-profile, the low-profile, and the no-profile; white collar, blue collar, and no collar; the very public and the very private. His insightful thinking, creativity, and confidence led to extraordinary results. John was the quarterback. His humanity enveloped his work, and his bear hugs were warm, memorable, and like no other. Like so much of John’s life, he gave his hugs generously, and often with a loving chuckle to boot.
John generously gave his time and skill to the bar, the bench, other lawyers, and NACDL. Of great pride to him was his ability to help other lawyers, as a mentor, of which there were countless, and to assist and represent other lawyers sometimes in their hour of greatest need.
As NACDL Life Member Martin Weinberg said,
“John was a pure criminal defense lawyer, whose distrust of the Government was born in the anti-Vietnam War experiences. In addition to all his other many accomplishments, and in addition to his being a gentle and thoughtful colleague and friend, he was a cornerstone of the NACDL Lawyers’ Assistance Strike Force who for decades provided attorneys in need all over the 4th Circuit with wise guidance and strong advocacy. He will be deeply missed.”
His strength of character and purpose was formed at an early age and remained true. Whether as a starting lineman and co-captain for the Riverdale football team, or serving as a Naval Boat Group Commander in Vietnam, or in the trenches for clients and lawyers, he was someone who could be counted on and someone who would always be there for you.
In John’s last argument before the Court, just two weeks ago, he stood, after co-counsel had argued, at the last minute, thoroughly unexpected by other co-counsel given his health considerations, and urged the Court in this complex case for “more time” to prepare and to continue the impending trial date. The Court was not then receptive to his request. In life, John always did more for others than for himself. Perhaps poignant or poetic, I expect John will prevail and secure “more time for his client” even though he could not for himself.
In March 2019, the Alexandria Bar Association honored John for his lifetime achievement of “Fifty years of Service to Justice as a Defense Attorney.” For the occasion, NACDL’s then Executive Director Norman L. Reimer wrote,
“On behalf of the entire NACDL family, I write to extend heartiest congratulations on the remarkable milestone you celebrate tonight: 50 years of exemplary service as a criminal defense attorney. Over the years, countless of your colleagues have marveled at the creativity, dedication, and passion you bring to your work. You have served your clients with distinction. You have served the profession with honor. And you have loyally supported the defense bar and its many causes through your career-long participation at NACDL.”
The Hon. Lisa Kemler of the Circuit Court of Alexandria, a former partner of John’s for seventeen years, wrote:
“John was one of a kind — a wonderful friend and the best partner one could ask for who taught me so much about humanity and the practice of law. He loved facing down the awesome power of the government, was tireless in his defense of his clients, and got amazing results in cases that, in the hands of a less skilled advocate, would have been a disaster. Big-hearted and generous with his time, he delighted in mentoring young lawyers. So many of us have John to thank for where we are today.”
NACDL Past President Nina Ginsberg, a dear friend, and former law partner of John’s for five years, said:
“John was a giant, a brilliant lawyer who gave everything to his clients and to making a broken legal system a place where persons accused of crime were treated more fairly and with the dignity they deserved. As a young lawyer, John taught me to use the law as a weapon against the dehumanizing treatment our clients received in courtrooms, to think creatively, and to fight for what was right, no matter the odds. It was his special gift. One he shared with the lawyers who knew and loved him, and with lawyers in their times of need, when a guiding hand, his keen wit, and a warm heart made all the difference. John moved the scales of justice. He led by example and many followed. He raised me as a lawyer, he guided me through my career, and he was my friend. I will miss him dearly.”
Chris Leibig, another friend and former law partner of John’s for eight years who was with him in court at John’s last argument, wrote:
“During the last twenty years of his career, John Zwerling was a role model and mentor for a generation of former public defenders from Alexandria who ventured into private practice as defense attorneys. His devotion to developing real friendships with younger attorneys had a ripple effect on the depth and breadth of many, many careers, including mine. I will always be thankful to him for that. Most of all though, it’s the friendship I’ll miss.”
Jon Shapiro, a partner of John’s for five years but more importantly a dedicated lifelong friend, wrote:
“JZ hired me in 1973 to be his law clerk. It changed my life from one with no known direction to an incredibly exciting adventure as a defender. We became partners, and to this day, I consider him my partner. I miss him terribly.”
Stuart Sears, a former ten-year associate and law partner of John’s who continued to work with John in his new firm, wrote:
“John was one-of-a-kind and the entire profession will mourn his loss. John gave me my first job as a summer law clerk and over the next decade he taught me how to be a lawyer — fight hard, fairly, and ethically. There are dozens of lawyers who, like me, owe their careers to John. And it’s that connection to John that still binds us all together. It’s an exclusive club and I could not be more proud of being a part of the John Zwerling legal family.”
NACDL Life Member Joe Beeler wrote:
“JZ was the epitome of the criminal defense lawyer. His work was his calling. He lived and breathed defending, performed magnificently, and helped others generously… He was a true champion of the accused and of our profession.”
NACDL Past President Neal Sonnett said it succinctly:
“JZ was a terrific lawyer, but an even better person. May his memory be a blessing.”
NACDL Past President Gerald Lefcourt said:
“A strategic thinker with change for the better his goal. RIP.”
David Preefer, John’s oldest friend, literally beginning their friendship sharing a crib together as toddlers, said:
“John Zwerling has passed from this world. My world is immeasurably smaller and a hole remains that cannot be filled.
John’s father and my father were roommates at Tufts University. John and I were roommates at Tufts. John is my daughter’s godfather. Closer friends cannot be made.
John and I shared the most wonderful experiences, not to be replicated. Those days are past, and John has surprised his professors by becoming such a powerful force for legal defense. I know he is held in high regard by his peers and by his clients. But I was always most impressed by how seriously the judges and prosecutors took his arguments. It was my opinion that, while his astuteness of the legal issues were fine, it was because you could always tell that John always spoke from the heart. What he pled was what he believed and it was never a ploy. John was always as straightforward and honest a person as I ever knew. I will never encounter another like him.”
John graduated from Tufts University and received his J.D. from the American University’s Washington College of Law in 1970. He was a two-term member of the NACDL Board of Directors and served as President of the Alexandria Bar Association (July 2001 — June 2002). John served in a variety of capacities for NACDL, most notably and characteristically as a stalwart and perennial core member of NACDL’s Lawyers’ Assistance Strike Force. He was the founding President of the Virginia College of Criminal Defense Attorneys and is a member of the New York State Association of Criminal Defense Lawyers (Founding Member), and the National Organization for the Reform of Marijuana Law (Legal Committee).
Norman L. Reimer closed his 2019 NACDL congratulatory letter with something each of us feels deeply to our core. He wrote,
“NACDL salutes you with pride, admiration, and respect. You are the quintessential role model we have in mind when we refer to the defense attorney as ‘Liberty’s Last Champion.’”
John, you are irreplaceable. The world will be less without you.
While your spirit, dedication, and humanity will remain to guide us all, we will always miss you.
Love you, John.
Ted Simon
NACDL Past President
© 2022, National Association of Criminal Defense Lawyers. All rights reserved.
