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White
Collar
Crime
Trying to make some $$$ by deceiving someone? That falls under white collar crime, an area of law in which lawyers either prosecute or defend someone who has illegally gained another’s money. Common examples of white-collar crime include:
- Money laundering
- Bribery
- Embezzlement
- Tax evasion
- Insurance fraud
- Insider trading
Often these cases involve business executives. That’s because those are the people who have the amount of power and trust stored in them to be able to commit such crimes. Sometimes, executives drag others into it as well. Ever heard of the Enron scandal? If not, look it up.
Another white-collar criminal, arguably the most famous, was Bernie Madoff; his Ponzi scheme caused billions of dollars of losses to those who placed their trust in him. Lawyers who focus on white collar crime may be working in some of the most publicized, high-profile cases in existence.
The FBI defines white collar crime as crimes, “characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence” (FBI). These cases are usually complex and sophisticated. Sounds fun, right? For more information check out the FBI’s website on white-collar crime.
Education and Background:
There are four good ways to break into white-collar crime as a practice area, according to Matt Kaiser, founder of The Kaiser Law Firm PLLC, in his column for Above the Law.
The first is to work for the United State’s Attorney’s office or Department of Justice. Many AUSAs turn into white-collar crime lawyers later on down the road. Second, Kaiser recommends a job as an Assistant Federal Public Defender as another potential break-through career choice. Third, working your way up to Biglaw through hard work and perseverance can secure you one of the coveted white-collar spots at a large firm. Finally, you can just get good at representing people accused of crimes in general, and if you do a great job, eventually the white-collar clients will come to you and you can focus your practice more (Kaiser).
These pathways to success are crucial to think about as you take classes, meet professors, network, and secure internships. If you meet the right people and can get yourself into a “feeder” job or internship, you will eventually be able to work your way up the ladder into the coveted white-collar crime position you want.
Getting a job:
One study that looked at 4837 white collar lawyers in the Am Law 200 reported that 80% of partners who primarily practiced white-collar crime had prior government experience (Li and Weisselberg). Further, the study found that for those people who primarily practiced white-collar crime, the ratio of former prosecutors to public defenders was 33:1 (Li and Weisselberg). Most people had a background as a Federal or State prosecutor or in the US Attorney’s Office (Li and Weisselberg).
Without such a background, it may be extremely difficult to secure a job in white collar crime. It will at least take a great deal of time to be able to work your way up.
In sum, while the end goal for most people who desire a job in white-collar crime is to work for a large law firm (and indeed white-collar crime lawyers are becoming more prevalent in the Am Law 200) working as a federal prosecutor is certainly a crucial start to help you get there (Li and Weisselberg).
For an extremely comprehensive study about white collar crime that includes all of the statistics you may want to know, see the BIG LAW’S SIXTH AMENDMENT: THE RISE OF CORPORATE WHITE-COLLAR PRACTICES IN LARGE U.S. LAW FIRMS.
Average salary:
A current search on Law Crossing reveals an average salary of $118,188.
Would you like this practice area?
Would your friends describe you as ultra-competitive, cut-throat when necessary, and authoritative? Are you also extremely creative when problem solving, curious, and up for a challenge? White collar crime might be a good area for you to practice, especially if you like analyzing the little details and crunching numbers when necessary. If you are thinking about being a federal prosecutor, later in life you may want to transition into white collar crime.
Consider whether these articles interest you:
Lawyer is accused of creating sham secured creditor to shield client assets (Weiss)
“A former partner with Freeborn & Peters in Chicago has been charged in an alleged scheme to protect a client’s assets by creating a sham secured creditor with a senior lien on assets sought by other creditors. The former partner, Edward Lee Filer, was charged in a July 11 federal indictment with two counts of wire fraud and eight counts of bankruptcy fraud.” Read more
Theranos Founder Elizabeth Holmes Charged With ‘Massive Fraud’ By SEC (Grenoble)
“In a complaint filed Wednesday, the Securities and Exchange Commission leveled charges of “massive fraud” against Elizabeth Holmes, founder and CEO of the Silicon Valley startup Theranos ― charges Holmes has agreed to settle. The SEC also named former Theranos President Ramesh “Sunny” Balwani in its complaint, accusing Holmes and Balwani of raising over $700 million from investors “through an elaborate, years-long fraud in which they exaggerated or made false statements about the company’s technology, business, and financial performance.”” Read more
The U.S. Needs to Crack Down on White-Collar Crime (Editorial Board)
“This has been a banner season for punishing white-collar crime. Guilty pleas by Michael Cohen, President Donald Trump’s former longtime personal lawyer, and criminal convictions and additional guilty pleas in the case of former Trump campaign chairman Paul Manafort have drawn enormous attention. Cohen admitted to bank fraud, tax evasion and campaign finance violations. Manafort, after having been convicted of tax fraud, bank fraud and failure to file a report documenting foreign bank and financial accounts, pleaded guilty to additional federal charges. It’s fair to assume, however, that neither man’s crimes would have come to light without the scrutiny drawn by their association with Trump. How many ordinary white-collar criminals expect to be found out?” Read more
Conclusion:
Your background is extremely important if you want to get into this area of law. The evidence is clear: 80% of white-collar crime attorneys have government experience.
Worker’s Compensation
You may have laughed at the deep, intoning voice on a commercial asking you, “Injured on the job?” In all seriousness, however, getting hurt on the job is no joke and can cause a lot of frustration and stress. Rather than going through expensive personal injury litigation when an employee is injured on the job, a worker’s compensation lawyer essentially uses the mandatory insurance program (worker’s compensation) that is already in place to get money for their injured clients. The mandated system is financed by employer payments that create a “pool” of money that can be dipped into in the event of an injury. An injured employee may have his or her life falling apart; he or she may be struggling to pay the bills. A worker’s compensation lawyer thus plays a key role in eliminating this stress by helping the employee receive money for medical expenses, lost pay, disability payments, or costs associated with rehabilitation and retraining.
So, if the reason you became a lawyer is to “help people” and make their lives better, worker’s comp law is an area where you will be able to see the direct impact you are making.
Education and Background:
Most law schools offer classes in worker’s compensation that you can take if you think you may be interested. Then, secure an internship with a firm that specializes in this area to try it out!
There are also plenty of Worker’s Compensation CLE courses available to learn more.
According to worker’s comp lawyer Ryan Benharris, the best thing you can do is read up on the law – so, for example, in Massachusetts that would be Chapter 152, which he says is “like the Bible” for people who work in his practice area. Look up the law in your state to see if it interests you and to obtain some of the knowledge you would need for working in that practice area! If you just want an overview of the law by state, check out Insureon’s “Workers’ Compensation Laws by State” resource.
A background that includes public speaking may be especially useful to this area of law, since you are likely to be in court every single day and need to be well versed at thinking on the fly when speaking!
Getting a job:
There are essentially two options available within this area of law – representing injured workers or representing the insurance companies.
A quick Google search indicates a plentiful amount of worker’s compensation jobs out there. It is an incredibly important area of law that will never disappear – there will always be unfortunate workplace accidents.
You may choose to work at a large law firm. Realize, however, that your area of law will likely not be its main focus. You could also choose to work for a more specialized smaller law firm. Opportunities in this area of law are really quite expansive, and you will not be limited by the size firm you choose. It may also be possible to get a job as in-house counsel for a large company.
Average salary:
This varies widely by geography, but the national average is $119,000 (My Career Path). Attorney Ryan Benharris stated that while there is quite a bit of money to be made by going into that area of law, people who practice it are those who love helping others.
Would you like this practice area?
Strengths/Weaknesses: Strong public speaking skills are an absolute must for this area of law. Excellent communication skills, particularly in reassuring others, are necessary when speaking with stressed out, anxious clients. If you are not a particularly strong writer, this may be a good area for you to practice since you will mostly be filling out forms, talking to people, and litigating.
Likes/Dislikes: If the main reason you became a lawyer was to help people, and especially if you enjoy reducing the stress and hardship that people face, this is a good area of law for you. If you are the type of person who likes to always be organized, plan things out in advance, extensively do research, and dislikes having to come up with something on the spot, you might not enjoy practicing worker’s compensation law. If dealing with upset or emotional people stresses you out, consider another area.
Consider whether these articles interest you:
WV Commissioner: Proposed Workers’ Comp Premium Reduction Would Save Employers Millions (WorkCompWire)
“The National Council on Compensation Insurance (NCCI), West Virginia’s rating and statistical agent, has filed a proposed workers’ compensation loss cost decrease of 1.6% effective November 1, 2019. This premium reduction results in a projected $3 million in savings to West Virginia employers. Since the workers’ compensation program was privatized in 2006, the market has experienced approximately $401 million in premium savings.” Read more
Ohio Can’t Ban Workers’ Comp Solicitation, 6th Circ. Rules (Law360)
“Ohio law firm Bevan & Associates LPA Inc. won a challenge to a state law prohibiting solicitation for workers’ compensation claims when the Sixth Circuit said on Monday that the ban “is repugnant to the free speech clause of the First Amendment…” Read more
Georgia Enacts Revised Workers’ Compensation Provisions (Bernal)
“Georgia recently enacted several amendments to its workers’ compensation law. Effective July 1, 2019, for all injuries occurring on or after July 1, 2019, the state increased payouts on the following benefits:
- Maximum payout for temporary total disability (TTD) benefits to $675 per week
- Maximum payout for temporary partial disability (TPD) benefits to $450 per week
- Maximum death payout to a sole-surviving spouse (no other beneficiaries) to $270,000” Read more
Worker’s Compensation Attorney Spotlight:
Ryan Benharris is a worker’s compensation lawyer at The Law Offices of Deborah G. Kohl, a firm that specializes in helping employees hurt on the job. Attorney Benharris has a genuine desire to help people, which is what makes his career in worker’s compensation law so fulfilling.
Ryan’s Interview:
Q: How long have you been a lawyer?
A: 14 years
Q: Where did you go to law school?
A: Southern New England Law School, now known as the University of Massachusetts School of Law – Dartmouth
Q: In what practice area(s) do you practice? If more than one, what’s the percentage of each?
A: Worker comp 75%; social security 25%
Q: What size is your firm?
A: 3 attorneys
Q: Describe an average day at work…
A: Worker’s Compensation is different than a lot of other areas. Most of my day is spent talking to people who have been hurt at work, filing claims, and going to The Department of Industrial Accidents (DIA) to litigate.
Q: How often are you on the phone or writing emails?
A: I would say it makes up to 65% of my day. Some clients call me every single day. My fees are paid for by the insurance company; they are statutory fees. My clients don’t have to pay me an hourly rate or anything. So, my clients call me all the time.
Q: Do you spend much time drafting documents?
A: Not much; a lot of my work is form based. So, I file a form and accompany it by medical records that we submit. I do have to write motions or briefs sometimes, but I definitely don’t spend a lot of time writing.
Q: Do you deal with difficult people?
A: I shy away from the term difficult. All of my clients have suffered some sort of misfortune – their life is in turmoil, and that creates stress and anxiety and they are dependent on me to help. Yes, clients can be very emotional or frustrated. Like I said, I have clients who call me every single day.
Q: What makes your day-to-day work different from that in other practice areas?
A: I love my type of work for two main reason. 1) For anyone who wants to be a lawyer to “help people” – that’s truly what you do in worker’s compensation law. If I don’t do my job properly, my clients don’t get the money they need, and maybe they can’t pay the bills, eat, take care of children etc. They are dependent on me to navigate the system, so I can really say I get to help families. This differentiates worker’s compensation from other areas of law where you may not directly help people care for their families. 2) I get to go to court almost every single day. There’s basically never a day where I sit in my office. I’m at the Department of Industrial Accidents constantly. This is not a practice area where you get to sit and research and write. This is where you are in the courtroom thinking on the fly, with not a lot of time to prepare. I get to go to court with some of the best people in the world. The other attorneys in this area are my best friends. And the judges in this area of law are wonderful and smart.
Q: How many hours a week do you typically work?
A: Well, I usually get into the office around 8:30 or a little earlier, and I leave a little after 5… but I’m always working, even at home, taking phone calls and getting things ready for the next day. I would call it 50-60 hours a week.
Q: What do you least like about your job/practice area?
A: Worker’s compensation law can be stressful in that you have to go through administrative procedures and can’t always get the results your clients need in a timely fashion. Sometimes you have to deal with (rightfully) cranky people who might not be paid for several months – and that’s not an easy conversation to have. It’s sad and difficult not being able to help people immediately.
Q: Finish this sentence as if you are giving advice to a law student – You’d be a happy and successful worker’s compensation lawyer if you…
A: …can understand the hardships that a family has and explain difficult things like waiting for money to them while being mindful of people’s lives being upended.
Q: What advice would you give students interested in learning more about being a lawyer in your practice area?
A: Google worker’s compensation to start and find out more about it. I recommend taking a worker’s compensation class if your school offers it; this area of law is different than other types of law, so look for a clerkship at a worker’s compensation firm and get to know The Department of Industrial Accidents. Employees who work there are extremely knowledgeable and can give great advice. Those are the people I learned a lot from. Get to know the worker’s compensation world, find a firm that concentrates in it, and ask those lawyers questions.
Q: What other comments do you have to add about your practice area?
A: You are in court every day! Also, I only represent injured workers. However, there are two types of jobs in this practice area – you can represent injured workers or represent insurance companies. It really comes down to a personal choice. I like to help people, but I know that the insurance company attorney job is very important also because you have to know the statute well. Look into both and figure out which one you prefer!
Just because I don’t write a lot doesn’t mean I don’t write well. Writing well is a skill crucial to any area of law.
– Ryan Benharris
Conclusion:
If you want to work in an area of law where you feel like you can truly help people, worker’s compensation is an important area to consider.