Rusty Hardin
F o under
R u s ty Hardin & As s o c iates
Ho u ston
68
In his indomitable way, Houston litigator
Rusty Hardin has just about done it all in the
legal profession: The one-time prosecutor now
does civil litigation and criminal defense. His
clients range from high-profile sports figures
to weekend warriors, and big corporations to
public servants.
Known for stylish attire and a biting
turn of phrase, Hardin has built a national
reputation as he handles high-profile cases
with success. Already a name in Texas, Hardin
became known around the country, due to
intense media coverage, when he represented
Arthur Andersen in 2002 in its obstruction-ofjustice trial in Houston six months after the
collapse of Enron Corp.
However, Hardin may be most famous
outside of Texas as the lawyer who prompted
an outburst — “Screw you, Rusty!” — from
model and reality television star Anna Nicole
Smith during a trial in Houston in connection
with the estate of her late husband J. Howard
Marshall. Smith’s retort came after Hardin
asked her, while she was on the witness
stand, whether she’d been taking acting
lessons.
When Hardin attended a basketball game,
and fans yelled out Smith’s quote, Hardin says
he “realized people have too much time on
their hands.”
Hardin is a 1975 law graduate of Southern Methodist University. For 15 years he was
an assistant district attorney in Houston and
never lost a felony jury trial. He describes
his current practice as civil litigation and
white-collar crime defense.
Hardin was chief trial counsel for the
Whitewater Independent Counsel’s Office and
lead trial lawyer for Arthur Andersen in its
obstruction trial. Though Andersen was found
guilty in the federal jury trial, the judgment
was overturned in 2005 by the U.S. Supreme
Court.
“It was a pyrrhic victory,” Hardin says.
“The government needs to tread carefully in
their decisions to bring charges. Many times,
it’s all over when an indictment is made. I
think Andersen has made the government a
lot more sensitive to that issue. I hope it has
had a salutary effect.”
Hardin also represented Cathy McBroom,
a case manager for U.S. District Judge
Samuel Kent of the Southern District of Texas.
McBroom lodged a complaint, alleging Kent
sexually assaulted her. In a plea bargain in
2009, Kent pleaded guilty to one count of
obstruction of justice. He later resigned from
the bench. He is serving a 33-month prison
sentence.
Hardin says McBroom deserved to have
a lawyer represent her pro bono, because
“she was hanging on her own against a very
powerful man and system.”
Hardin is a lawyer of choice for many
Houston sports and public figures. Former and
current clients include former Houston Mayor
Bob Lanier, former U.S. Solicitor General Ted
Olson, former Houston Oilers quarterback
Warren Moon, and former New York Yankee
and Houston Astro Roger Clemens.
Hardin credits part of his success as a
trial lawyer to his respect for juries. When
lawyers are disrespectful of juries and are
patronizing, “that’ll seep through,” he says.
But the real reason for his success may
be joy in his work. “It’s time to leave when you
start looking forward to Friday or dreading
Monday. I never look forward to Friday or dread
Monday.”
The 25 Greatest Texas LAWYERS of the past quarter-century
Reprinted with permission from the June 28, 2010 edition of Texas Lawyer. © 2010 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, call 214-744-7723 or contact [email protected].