JBA Government Law Section Chair James Young
Prior to joining the Florida Attorney General’s office six years ago, I believed that government lawyers were largely unmotivated and second-rate.
I believed that any lawyers worth their salt would rather work at a law firm, in-house, or go solo rather than work for the government.
I was convinced that government lawyers were simply bureaucrats who happened to have gone to law school. I still cannot explain why I believed this but I did and I know I was not alone. After six years practicing alongside government lawyers, I can attest that my prior beliefs were absolutely wrong.
Some of the best and brightest lawyers I have ever met have worked for the government. Ranging from Assistant U.S. Attorneys and JAG officers to FTC enforcement lawyers and the City of Jacksonville General Counsel’s Office, government lawyers are outstanding professionals who consistently go above and beyond the call of duty.
As with anything in life, there will be some people who disagree with and counter my opinion by recalling a bad experience with an IRS audit attorney or a zoning change denied by a city attorney, or worse yet, a run-in with a disinterested and overworked prosecutor. However, my experience is that such folks are few and far between.
For the most part, the attorneys who work for or on behalf of governments and agencies are diligent, compassionate, and professional. We are with the government, and we really are here to help.
Consider the examples of government lawyers:
Civil Rights
One of the best examples of the merit and hard work of government lawyers can be found in civil rights enforcement. Today, government civil rights lawyers investigate and prosecute racial, religious, gender and disability discrimination, in addition to fair housing violations and human trafficking. Most of the victims in these cases could not retain their own attorneys, so having a passionate and committed advocate in the form of a government lawyer is crucial.
Debt Collection
While the collections process is largely regulated, there are still many collection agencies which regularly violate the federal and state protections afforded debtors. The victims are in no financial position to retain private counsel to represent them and often are ineligible for local legal aid services. There are numerous government lawyers and investigators who work for and fight on behalf of these victims.
Drug Enforcement
Lawyers working for the FDA, state Attorney General and the U.S. Attorney’s office aggressively enforce violations of drug safety laws by pharmaceutical makers in order to protect the consuming public. Recently, drugs such as Seroquel, Zyprexa, Vioxx and Neurontin have been the basis of multimillion dollar settlements with the state and federal governments. The practices of the large drug companies are directly impacted by the injunctive terms of these settlements.
Ponzi Schemes
Florida’s own Bernie Madoff is an obvious example of a Ponzi schemer who lasted for years undetected. However, numerous individuals and entities are caught by law enforcement and government lawyers every year.
Some of my colleagues recently uncovered a fairly substantial Ponzi scheme based in Florida. They worked quickly to freeze assets and filed preliminary injunctions, which stopped untold consumers from being victimized. The ironic thing is that the actual victims perceived the government lawyers as meddling in an otherwise profitable enterprise where, as far as they were concerned, no one was hurt – yet. The dangerous beauty of the Ponzi scheme, as evidenced by Madoff’s long successful run, is that the scheme can continue until either new investors dry up or someone outside catches on. The victims are happy to have high returns as promised, without regard for regulation or oversight.