I was the first lawyer in my family, and I didn’t follow a traditional path in any sense. The only constant has been an interest in helping people and public service.

As a law student at UC Berkeley, I worked at public defenders’ officers during my summers and for 20 hours a week during my second year as a work-study job. I also had an externship with the Legal Aid Society of San Francisco working on employment law issues. These opportunities gave me a valuable practical education and helped ground my legal education. After law school, I clerked on the Ninth Circuit for Judge Sidney Thomas in Billings, and then went on to do prisoner rights cases for the ACLU.

Following several years at the ACLU, I joined a large firm in Washington, D.C., litigating a wide variety of issues, including commercial disputes, antitrust issues, and royalty rate setting. It was an interesting mix of cases. I did not have a particular specialty, but my focus always was on litigation and its risks and benefits. The firm was a great place to work. I enjoyed working with colleagues who were friendly, smart, and excellent lawyers. But one of the main reasons I went to that firm was its focus on public service. Everyone (partners, associates, and staff) did pro bono work, and the firm placed significant resources into pro bono matters. I litigated cases involving religious freedom and the First Amendment, wrote amicus briefs, and continued to partner with the ACLU, along with other organizations, on matters of public interest. The lawyers also had a great commitment to public service. Many of them came to the firm from government service or non-profit organizations, and many, including me eventually, left the firm to work in public service.

When the financial crisis happened in 2008, Congress passed the Dodd-Frank Act which, among other things, created the Consumer Financial Protection Bureau (CFPB). New agencies are rarely created in D.C., and the opportunity to get in on the ground floor was exciting. The CFPB was particularly interesting to me because it was directed at protecting consumers and the marketplace. In creating the CFPB, Congress took authority related to protecting consumers that had been dispersed among numerous agencies with other mandates and consolidated it in one place: an agency with an explicit directive to protect consumers and the marketplace from unfair and unlawful acts and practices. That opportunity was just too good to pass up.

The CFPB attracted people with diverse experiences. Lawyers came from firms, companies, federal agencies, state governments, and non-profits. Some had been criminal prosecutors or defense attorneys; others specialized in civil litigation or regulatory issues. Some had deep experience in financial services while others focused on civil and economic rights. The wide range of experiences and perspectives made the Office of Enforcement, and the agency as a whole, more robust and capable.

I spent almost six years there, both on the line leading investigations and as a manager of a team of attorneys. As a manager, I enjoyed working with other attorneys on their cases, and I was exposed to a broader array of issues and the Bureau’s larger strategies. I was able to see trends and think about things in a different way. That was a great experience. 

I left Washington, D.C., and the CFPB, because the school presented a pretty unique – I’ll say “once-in-a-lifetime” – opportunity. After clerking for Judge Thomas in Billings, my wife and I had visited Montana, and we really like it here. And both the position itself and the law school are unique. As Director of the Blewett Consumer Law and Protection Program, I hope to bring a focus on consumer law to the school and to give students the chance to engage with consumer issues. Of course, the chance to develop a program devoted to consumer law from the ground up is exciting as well. In addition, I value the school’s focus on practice and clinical activities, with the clinical model being folded into the curriculum. Also, the school is connected to the community and has such a strong service component.

And the students! When I visited the law school, I was struck by how many students came to my guest lecture and my office hours. The students were engaged, and they had tough questions for me. I did not have that experience when I was in law school. Nobody sought, and it didn’t occur to me to offer, my opinions on visiting professors. The fact that the students were so involved in the hiring process impressed me.

As we saw in the 2008 financial crisis, and in particular with respect to subprime lending, even though consumer issues affect individual people, a breakdown in consumer protections can have grave consequences for our economy as a whole. Consumer debt in this country—including student loans, credit cards, auto loans, and mortgages—is in the trillions. Unlawful acts and practices related to consumer debt can have systemic effects when they go unabated. The subprime crisis was a surprise to many people, but lawyers working in bankruptcy and foreclosure law saw the issues earlier. They were on the front lines, working with consumers who were affected.

Millions of people have credit and debit cards. If those cards get stolen, or the consumers’ information gets hacked, people need to know when they’re liable and when they’re not. It’s really crucial to people trying to maintain financial stability, and often people don’t understand their rights until after something has happened to them. Studying consumer law, and the risks related to consumer financial products and services, is useful even for lawyers who don’t go on to specialize in this field because the issues are so pervasive in our society.

One of my first goals for the program, and for myself, is to get out there and meet with Montana lawyers. I can learn from their experience and see what consumer law issues Montanans are facing and what’s most important here. I have been lucky enough to speak with some attorneys already, and I plan to continue those efforts with attorneys throughout the state. I am excited to become part of the legal community here in Montana.

I have three primary goals for the program. First and foremost, I want to get students involved with consumer law. I taught a class on consumer law last semester, and plan to teach it again next year. Students also have clinical and fellowship opportunities where they can work with Montana practitioners on consumer issues. In fact, we have our first student working in a consumer law clinic this semester. Finally, I plan to build student involvement directly into the program’s activities.

Second, I want the program, and the students, to engage with the national consumer law community and consumer law issues. As just one example, I hope to host a conference with attorneys general and others about the next generation of consumer law and how to move forward in the changed federal environment. The states already do significant amounts of consumer protection work, and it’s often a bipartisan issue, but with the recent changes in federal enforcement activities, it’s even more important that states continue, and even expand, on their efforts. Having a conference about the next steps for consumer law and how the states can vindicate these rights – that’s the goal. And interested students will be able to participate in events like this conference: they can help organize, meet the presenters, and maybe even present themselves. Writing briefs on important national, and local, consumer law issues is another example, and students will be able to work on those briefs. I also hope to encourage students to research and write about consumer law issues on their own. As a last example, in coordination with Professor Anthony Johnstone’s legislation course, we want to give students the opportunity to work on legislative proposals related to consumer law.

Lastly, I want the program to provide service to Montana and its citizens. The current clinical and fellowship opportunities are a first step in that direction, as are the brief writing and legislative proposals. But in the long term, we also want to leverage the experience and capabilities of the students to provide consumer law counseling in other parts of Montana where there are less services available, and we want to partner with organizations across the state as much as we can. Student engagement really is a cornerstone of the program, and I plan to make as many opportunities available to students, and the community, as I can.