There is no better way to help a client navigate a governmental enforcement matter than by understanding what the agency is trying to accomplish and earning the trust of its staff. That is why it is so important for securities lawyers to spend time working in public service—whether at the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission or another regulatory agency. Fenwick’s securities enforcement co-chair Michael Dicke spoke with Law360 about the benefits that prior public service provides.
“Working for a government enforcement agency really gives you insight into how regulators and prosecutors think," Dicke told Law360. And that can save clients time and money.
Dicke, who previously served as the associate regional director for enforcement in the SEC’s San Francisco regional office, said that lawyers who have worked as regulators understand an agency’s priorities and can anticipate where future enforcement actions might be heading, and help clients boost compliance in those areas. What’s more, veterans of government posts enjoy an instant credibility with an agency when they appear before its staff as private practitioners.
They also have an appreciation for how to leanly staff and run matters. “You inevitably, as an attorney at the SEC or the [U.S. Department of Justice] or some other agency, will be running your own cases,” Dicke said. “I think you develop a much greater insight into how to put together a good case [efficiently].”
The full article is available through the Law360 website (subscription required).