White-Collar Crime

Why I've Loved Writing For Above The Law

Columnist Matt Kaiser signs off, reminiscing on the major themes of his half decade writing for Above the Law.

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Last week, a lawyer emailed me for my thoughts about a job change he was thinking about making. I’d talked to him years before about his career and what he was considering. I saw him maybe once a year around town at lawyer events, but had largely lost track of him. He found me and reached out, as many lawyers have over the years, because I’d written a column here giving career advice.

I’ve been writing for Above the Law for five and a half years. This is my last column.

Most of what I’ve written here has been critical of our criminal justice system. And, over the years I’ve written many pieces that I’m very proud of. I’ve been grateful to receive lots of feedback, some of it even positive, from people who have chosen to spend their time reading what I’ve written. A few of stand out, like the prosecutor in Colorado who took great exception to my point of view, but did so in a way that was so respectful and smart I found myself thinking about what he’d said for months afterwards.

I’ve tried to advance a way of thinking about punishment not unlike this quote from Marcus Aurelius (featured here):

Whenever someone has done wrong by you, immediately consider what notion of good or evil they had in doing it. For when you see that, you’ll feel compassion, instead of astonishment or rage. For you may yourself have the same notions of good and evil, or similar ones, in which case you’ll make an allowance for what they’ve done. But if you no longer hold the same notions, you’ll be more readily gracious for their error.

Or, if you like your philosophy from the TV, Dr. Who nicely summarizes basically the same point this way:

Evil is a matter of perspective. Hardly anything’s evil. Most things are hungry. Hungry can look a lot like evil from the wrong end of the cutlery.

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But, during the time I’ve written here, I’ve also worried that the constant creation of content that the internet allows — and requires — probably does not elevate our collective discourse.

Limits are good. The world of ideas lost something when the quantity of available and easily shipped paper no longer capped what could be published and distributed widely. So much is said, and so much is written, that to get noticed these days one often must say something more controversial or strident than the next writer. The internet has become like a group drinking session with a caricature of that guy you hated most in law school. I will not miss that part of writing here.

But there’s one category of topic that has been uniquely rewarding to write about: career advice. My career columns have generated a great quantity of email and feedback. That’s both humbling and a sad commentary on the lack of quality career advice available.

I wrote my first career column for Above the Law in 2013 — 4 Ways to Think About Breaking into White-Collar Work. What had started out as a naked attempt to suck up to Hank Asbill turned into something that people seemed to be unable to find anywhere else on the internet. Which, itself, is pretty shocking.

From there, I wrote in depth about other paths into white-collar work, like working in a small firm or being an AUSA. And I’ve written in a less focused way about how to build a career in the law over the years.

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Some folks who have read these columns have reached out just to thank me for writing them or have told me how what I wrote influenced their decisions about career choices. That’s very gratifying to hear, after I finish thinking through any potential liability I may face if things go south. Others have sought my thoughts about some decision they’re facing. I try very hard to make myself available and offer whatever help I can. I haven’t always been as responsive as I’d like — folks who email as I’m preparing for a big hearing tend to get left out — but I’ve tried. Some people reach out thinking I can get them a job. They’re usually wrong, but it’s nice to meet new people.

A career in the law can be a beautiful opportunity for service. Like the Chief Justice said, “[p]rosecutors, when they rise in court, represent the people of the United States. But so do defense lawyers — one at a time.” I’ve enjoyed feeling like I’ve provided a service in some small way to people figuring out how they fit into the legal profession.

I’ve been reading for probably 15 years that our profession is at a crossroads. Perhaps it is. Or perhaps saying that is a good way to generate urgency so that people will buy a book or download a report or sign up for a seminar. Regardless of the changes in technology and society that come, the fundamentals of what it is to be a member of our profession won’t change. Caring for your clients will always be essential. Helping another lawyer — when it doesn’t prejudice your client — will remain the right thing to do. Knowledge — whether from a book or Google — will never replace good judgment.

Let me leave you with this. Gentle reader, at some point you are going to die. You should use your time wisely. I have no idea why you’ve chosen to spend some of the limited time you have reading what I’ve written. But I’m grateful that you have.

Matt Kaiser is a white-collar defense attorney at KaiserDillon. He’s represented stockbrokers, tax preparers, doctors, drug dealers, and political appointees in federal investigations and indicted cases. His twitter handle is @mattkaiser. His email is mkaiser@kaiserdillon.com He’d love to hear from you if you’re inclined to say something nice.

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