Philip Davis is a graduate of the GW Law School (JD ‘73), a distinguished government contracts attorney, and a founding member of DC law firm, Wiley Rein, where he spearheaded the firm’s government contracts practice. Philip and his wife, Sara, recently endowed a generous scholarship at GW Law for students interested in government contracts law. We were fortunate to speak with Philip about what motivated them to create the Philip and Sara Davis Endowed Scholarship in Government Procurement, and about his career in the government contracts field. Philip also provided helpful insights for students and recent graduates considering a career in government contracts law.
Interview with Philip Davis
You have had a distinguished career in government contracts law. Could you please tell us a bit about how you were introduced to this area of law?
I graduated from GW Law School in the Class of 1973 and, after a Federal District Court clerkship in Chicago, my hometown, I returned to D.C. to join the Washington office of Kirkland & Ellis, where I became a partner. At Kirkland, I litigated cases, primarily of an antitrust, employment and general commercial nature. I continued in a litigation practice for several years after we founded what is now Wiley Rein in 1983.
My introduction to government contracts came when Wiley, seeking to expand its practices, hired Rand Allen, who was making a name for himself in the area. Rand joined Wiley by himself, but needed a “second lieutenant” to work with him on client matters and help develop the practice. Rand was gracious enough to take me on as a government contracts colleague and I took the “blood oath,” as Rand likes to say, of government contracts. Together, and with others, including many GW Law graduates, we grew the practice from the two of us to what it is today – approximately 40 attorneys as core government contracts lawyers and perhaps another 20 or so attorneys in other practice areas who assist us on particular government contract client issues, such as acquisitions, intellectual property, prime contractor-subcontractor litigation and investigation and law enforcement matters. The bottom line is I believe Wiley Rein has the most extensive and best reputed government contracts practice in the country.
It turns out that my litigation background served me well, as a significant part of government contracts is litigation oriented. This includes (i) claims against federal agencies at the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals, and the U.S. Court of Federal Claims, (ii) bid protests at the Government Accountability Office and the Court of Federal Claims, and (iii) prime contractor-subcontractor disputes in Federal or state court.
One sure way to learn a topic is to teach it and that was part of my baptism into government contracts. Early on, Rand and I developed a course on “Certifications in Government Contracts” that we taught around the country. That exercise required me to delve deeply into the government contracts subject area and got our names circulating in the industry.
You were one of the founding members of Wiley, which, obviously, has grown dramatically over the decades. Any observations you’d like to share about the evolution of the practice of law or the government contracts bar during your illustrious career?
I would like to focus my response on the government contracts bar as I believe attorneys in the practice generally conduct themselves in a particularly admirable manner. One hears much these days about a certain lack of civility in legal practice; some refer to this as a “take no prisoners” or “win at all costs” approach. Although, from my experience, government contracts attorneys zealously pursue their clients’ interests, they do so in a respectful and civil manner. A major reason for that is the nature of the practice and the relatively small bar. An attorney – be he/she in government or private practice – may one day be working the same side of the case with another attorney and the next day, on a different case, be on the opposite side of the same attorney. That aspect of the practice leads to a degree of collegiality and professional relationships that I have always found refreshing. Legal practice is challenging enough without having to deal with “jerks” on the other side.
“Sara and I have stayed engaged in the GW Law alumni community because the Law School has played such an important role in our lives, especially in my law practice . . . . This has been a meaningful relationship, and we would like that to continue.”
Philip Davis (JD ’73)
You recently endowed a scholarship at the law school for government contracts students. Your generous gift, investing in need-based scholarship funds, appears to have a pay-it-forward aspect to it. What motivated you to create this scholarship and what did receiving a Trustee Scholarship at GW mean to you when you were embarking on your studies?
My wife, Sara, and I were fortunate and pleased to be in a position to fund the Philip and Sara Davis Endowed Scholarship in Government Procurement and, as you say, to “pay it forward” for deserving future GW Law students interested in a government contracts practice. Sara and I recognize the critical importance of scholarship assistance, as both of us were beneficiaries of others’ generosity in our own academic pursuits. I attended both undergraduate and law school on scholarship. In particular, at GW Law I was fortunate enough to receive a Trustee Scholarship all three years. The scholarship allowed me to focus on my studies and not worry about holding a job to pay for school and, believe me, I needed all the time available to master the Law School curriculum! Sara likewise was a scholarship student at the University of Virginia’s Darden School of Business where she received her Masters in Business Administration.
Furthermore, I consider a scholarship in procurement law to be a perfect fit for GW Law because of its sterling reputation in the field, its unparalleled government contracts curriculum, and its top-quality professors in the subject.
You are an alum of the GW Law School. What did you enjoy the most during your time at GW?
As I reflect back on my time at GW Law, I probably most enjoyed two things: (i) the give and take of the Socratic method used by several of the professors and (ii) the camaraderie of my colleagues on the Editorial Board of the Law Review.
The imagination of the professors in devising devilish factual complications to the cases assigned for class was fascinating, especially when I was a mere observer and not the student being grilled and having to respond spontaneously to the professor.
The Law Review office became a “port in the storm” between classes and after class at the end of the day. Our Board worked closely together and engaged in untold numbers of debates bearing on the Law Review and then-current issues. Even to this day, the Board communicates and holds periodic reunions, with one certainly to be planned in connection with our Class of 1973’s 50th Reunion.
What advice do you have for GW Law students who may be interested in studying government contracts?
My advice, course-wise, is to take the survey course and get exposed to the wide-ranging aspects of the government contracts practice, especially its somewhat unique elements such as the peculiar contract concepts and bid protest and claims procedures. Thereafter, pursue the more specialized or focused courses in the area.
Outside of substantive government contracts, I strongly recommend taking a clinical trial practice course because of the litigation components of the practice – test yourself in the crucible of litigation when a client’s interests are not at stake!
What advice do you have for recent GW Law graduates who want to practice in this area?
My advice is to consider joining a law firm, government contractor, federal agency, or other entity where you will have the opportunity to gain exposure to the entire scope of government contracts. A government contracts practice at a law firm is especially appealing because of the diverse nature of the practice, in terms of the range of federal agencies to which a practitioner is exposed, the variety of products and services agencies buy, the different types of client representations involved, and the various forums before which a lawyer may appear.
For example, one day a government contracts lawyer may be before the Armed Services Board of Contract Appeals pursuing a multi-million dollar claim on behalf of a contractor client providing food services to the military overseas; the next day, the attorney may be performing specialized government contracts due diligence for a client pursuing acquisition of a government contractor; and the day after that, the lawyer may be writing a brief to be submitted to the Government Accountability Office defending an agency’s award of a professional services contract against a disappointed competitor’s protest challenging the award.
Such variety has been, and remains for me, the most stimulating aspect of the practice. It’s a major reason a government contracts attorney gets up in the morning. D.C. is where the government contracts practice is centered; if one is interested in the practice, D.C. is the place to be.
Finally, my advice to a recent GW Law graduate who wants to practice in this area is to get involved in professional organizations, such as the ABA Public Contracts Section and the Court of Federal Claims Bar Association, where one can network with other attorneys as a critically important way to build one’s practice.
You’ve taken on a leadership role in fundraising at the law school, and you and your wife, Sara, are fixtures at alumni events. What do you enjoy most about staying engaged and active with our community?
Sara and I have stayed engaged in the GW Law alumni community because the Law School has played such an important role in our lives, especially in my law practice and, when I chaired the Recruiting Committee, in attracting bright young students to Wiley Rein. This has been a meaningful relationship, and we would like that to continue. Being engaged in fundraising efforts and alumni events are important ways to do that.