For a White Collar Defense Career, Get in All the Reps You Can

A criminal trade secrets trial; an SEC accounting practices enforcement action; a cross-border anti-money laundering and sanctions inquiry; a US Attorney’s Office investigation of alleged bribery of a public official: These are but a few of the complex and consequential matters white collar lawyers regularly handle.

We have practiced extensively in the white collar and investigations space throughout our careers, both in private practice and in a variety of senior government roles, and can attest to the many personal and professional benefits of cultivating a career at a firm with a robust white collar defense practice.

A Rewarding Field

From the professional to the personal, there are many rewards to practicing in this area. Attorneys have the opportunity to hone their skills across a variety of criminal and civil statutes, interact with international clients and authorities, and build strong personal connections.

Criminal and civil investigations often occur in parallel, and there may well be follow-on private litigation. A firm with practices in both white collar defense and commercial litigation, such as Paul Weiss, regularly handles the full spectrum of such matters, providing opportunities for lawyers at all levels of seniority to do meaningful work.

Investigations are often cross-jurisdictional or even cross-cultural. White collar practice extends across jurisdictions, with a wide variety of matters involving federal, state, local, and even foreign authorities, and it might require traveling to the countries where clients are headquartered or where the events in question took place. A big part of such cross-border matters involves explaining US laws, regulations, and investigations practices to our non-US parties, or addressing potential tension between US and non-US laws.

At times, the work covers novel territory, giving defense counsel the opportunity to affect the development of the law in a particular area. In the fintech, cryptocurrency, and artificial intelligence spaces, for example, laws written decades ago are being invoked in situations involving new products or industry practices, which has catalyzed considerable legal innovation in these areas.

One of the most satisfying elements of white collar and investigations work is the personal connection lawyers form with their clients. Whether we are defending an individual facing potential prosecution or helping corporate executives respond to a bet-the-company government investigation, the stakes can be extremely high. These clients depend on us to guide them through one of the most stressful experiences of their lives, and there is nothing more gratifying than being able to call them one day and tell them the government is declining to bring charges or an enforcement action. There may be no fanfare, no headline-grabbing verdict, no public victory lap, but delivering such news is as exhilarating and rewarding an experience as a defense lawyer will ever have—closely followed by winning a defense verdict in the event charges are brought.

Key Skills

White collar engagements make use of the complete litigator’s toolkit. Consequently, the best white collar and investigations attorneys excel in a number of important areas.

The ability to craft effective written communications is obviously essential. Most white collar matters also require good investigative and interviewing skills so that attorneys uncover all relevant information. A keen analytical ability allows one to interpret information and evaluate it against the applicable laws and regulations. Shrewd strategic thinking helps defense counsel craft a winning action plan; navigate complex, interrelated matters; and negotiate with prosecutors and enforcement officials. And, though not many white collar and investigations matters end up in court, when they do, strong courtroom chops make all the difference.

Success in this field also requires a set of intangible skills. Given the high stakes, capable and experienced adversaries, voluminous statutory and case law (or in some cases, a paucity of case law), and often complex facts, one must have a healthy amount of fearlessness. No one works alone, but the best advocates thrive on challenging engagements.

Moreover, with targets of a government enforcement action or prosecution facing potentially grave repercussions—including loss of employment or even incarceration—lawyers practicing in this area need strong emotional intelligence. They need to know how to help their client cope with a high level of stress and how to connect with government officials who have a lot of power over their client’s future. Nurturing good professional relationships with prosecutors and enforcement officials also sets you up for future success.

Career Development Tips

Many paths can lead to a successful career in white collar defense. Below, we discuss some useful steps one can take, based on our experience.

Get in as many reps as possible: Whether in private practice or in a government role, seek out as many opportunities to play a speaking role as possible—arguing motions, leading pro bono engagements, examining witnesses, taking or defending depositions, and so on. The more you do it, the more comfortable you will be. The same goes for regulatory investigations: The more reps you get with an agency, the better you will understand its culture and objectives, while also honing your own investigative abilities and your personal advocacy style before enforcement officials.

Push yourself: Volunteering for new, unfamiliar, or challenging assignments helps you develop new skills and broaden your perspective. It can also bring you into contact with a broader group of colleagues and supervisors, allowing you to form important relationships.

Read: From briefs and court opinions to enforcement actions, government speeches and guidance documents, there is a huge volume of valuable literature. Read as much of it as you can, especially if you have an interest in a particular area. The more study time you put in, the better prepared you will be when an important assignment comes your way.

Clerk at a trial court: Clerking in district court is a great way to understand how judges think and how trials work. While you’re not the one arguing, a trial court clerkship is the best way to observe a large number of advocacy styles and tactics, from both the prosecution and the defense perspective.

Consider government experience: While not imperative, working at a prosecutor’s office or regulatory agency provides invaluable insight into the objectives and perspectives of government officials. In particular, working at a US Attorney’s Office is an excellent way to get significant trial experience, develop good judgment, and improve your writing and research skills.

Find a good home: Look for a place with experienced people who are passionate about and excel at the type of work you are interested in. At the same time, consider the breadth and quality of a firm’s other offerings. For instance, we benefit greatly from the perspective and expertise of our corporate and restructuring colleagues.

Jump at the opportunity to join a driven, balanced, and collegial team and to learn from accomplished colleagues. All three of us have benefited from invaluable mentorship in our careers and make it a priority to help the next generation become tomorrow’s standout advocates.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Author Information

Melinda Haag co-chairs Paul Weiss’ white collar and regulatory defense group and previously served as the US Attorney for the Northern District of California.

Josh Hill is a partner in Paul Weiss’ litigation department and previously served as an Assistant US Attorney in the Northern District of California.

Roberto Gonzalez co-chairs Paul Weiss economic sanctions & AML group and previously served in senior roles at the White House Counsel’s Office, the Consumer Financial Protection Bureau, and the Treasury Department.

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