Lawyer Monthly Magazine - July 2019 Edition

JUN 2019 38 My Legal Life www. lawyer-monthly .com Speaking to attorney Jim Kraus, we learn what it takes to be a white collar criminal attorney. From being practical to dynamic, Jim shares how an internal investigation at a company is handled when something does not look right. James W. Kraus An Interview With... White Collar Criminal Defense Attorney demonstrated leadership in the face of adversity. I also have experience as an Army officer and prosecutor which allowed me to put some of those lessons into practice. You have conducted a number of internal investigations in the area of white-collar crime; can you share how this process works? Internal investigations are a lengthy process with many components. What I try to keep in mind at the onset of any investigation is the rarity that any company or organization is investigating itself out of general curiosity about whether something is amiss in the ranks. Much like the penchant of most people, myself included, who only go to the doctor when they are experiencing symptoms, companies typically call for an internal investigation only after getting wind that something is not right. Keeping that in mind, I also have to take note of what led to the investigation: the initial information may come from a whistleblower, a concerning finding in an audit or serious allegations made in a civil lawsuit. Regardless of the trigger, by the time I’ve been hired, the dynamic of the organization has already changed. There is concern, insecurity, and suspicion among key people in the organization. And depending on the circumstances, the impact may have already begun to spread What drew you to the legal practice of White Collar Criminal Defense? I didn’t start my legal career thinking, specifically, that I could be a White Collar Lawyer but I have always had a strong interest in helping people through difficult times. I’ve never been interested in debate for the sake of debate, nor one to look for a fight, but the idea of coming into a fight and serving others as the role of “protector” and “advocate” has always appealed to me. Additionally, the subject matter is very interesting; the concept of highly intelligent and successful people becoming involved in illegal conduct – the apparent incongruity of it all – has always fascinated me. The inverse is equally captivating. That is … what drives the government in any particular case to take a set of facts that might typically lead to a civil violation or even no government action, and turn it into a criminal prosecution? When you first started practicing law, what took you by surprise? When you start life as a lawyer, assuming you are paying attention, everything surprises you. One of the more surprising things was the dynamic of experienced trial lawyers … they can be in a court room and “fight it out” regarding evidence and law while having and maintaining professional relationships with their opponents. It is startling the first time you see lawyers like this who are engaged in a pitched courtroom battle then turn and ask their opposing counsel how their family is or share a joke. How did you cope with your changing perceptions of how trial lawyers should behave? Well,asyougainmoreexperience, you grow to understand that this unique dynamic is more than just good manners. It is a recognition of each attorney’s duty to the court and its rules, as well as their client. It is practical. The exercise of discipline to concentrate on the case at hand rather than being distracted by peripheral and personal battles can make the difference between success and failure. An attorney’s focus on their own personal drama can’t do anything to advance the cause of their client. Things can get intense and sometimes it can blow up. But the baseline, by necessity, has to be centered on collegiality and integrity. As soon as I accepted this and mastered this skill, I felt ready to reach for a higher level in my legal practice. What other skills do you think a lawyer must have to be a “Successful White Collar Lawyer?” They have to be emotionally intelligent. In order to get the best results for your clients, you have to see all sides of a story in any case. You also have to have a great work ethic to push forward through competing interests to get to the right result and you have to have the ability to take a punch and push forward. (Perhaps growing up as one of 6 children gave me a good start on that front.) For those lawyers who aren’t privy to a big family, how else can they gain those skills? Observation and imitation are good skills for those who can’t practice in a “trial by fire” format. For example, my undergraduate studies in history and military science gave me exposure to so many exceptional leaders and significant people who FIRM PROFILE Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a mid-size law firm with five offices across Pennsylvania, West Virginia, and Ohio and headquarters in Philadelphia and Pittsburgh. From the boardroom to the courtroom, we provide custom legal solu- tions that propel businesses, organizations, and individuals to reach their long-term goals. White Collar Defense is just one of our many practice areas. We also have strong core competen- cies in Business, Construction, Employment, Insurance, Product Liability, and Risk Management.