Paul Khoury is a graduate of GW Law School (JD ’86) and the Chair of the GW Law Government Contracts Advisory Council (GCAC). He is also a partner and co-chair of the Government Contracts practice at Wiley. We spoke with Paul about his experience at GW Law as a student and chair of the GCAC. He also generously shared invaluable advice for law students and new attorneys on how to succeed in the government contracts field.
Interview with Paul Khoury
You have had an incredible career in government contracts law. How were you introduced to government contracts law and your practice?
As a member of the JD Class of 1986, I was at GW when the forefathers of government contracts law, Ralph Nash and John Cibinic, were teaching. Although at the time I had no intention of pursuing government contracts as a career, I took their contract formation course in my third year to get the benefit of learning a subject from the masters.
When I joined Wiley Rein after graduation from GW, I wanted to be a litigator. I initially tried all forms of litigation, including commercial, anti-trust and patent. Then Rand Allen, who had recently joined the firm bringing over a government contracts practice, asked me to help on a General Services Board of Contract Appeals (GSBCA) bid protest. It was the fastest form of litigation I had ever experienced—25 days from complaint to trial, with full discovery in between. I was hooked. I got great responsibility (e.g. cross-examining witnesses) immediately, and there were rarely any settlements, meaning you actually did go to trial . . . a lot. Then you won or lost and moved on to the next one.
After that introduction, I realized that selling litigation skills to government contractors (in all aspects of their business, not just protests) was an effective way to market myself, and, of course, I had grounding in the subject from the leaders in the field. We grew our practice from three lawyers in 1986 to around 35 fully dedicated lawyers today and another at least 20, at any given time, who are involved in matters for our government contracts clients. I’m proud to be the co-chair of the practice with my colleague Scott McCaleb, and we believe we have the deepest bench of talented government contracts lawyers, many of whom are GW grads.
What are some of your favorite aspects of practicing in this area of the law?
It’s important in any practice to be able to keep learning and keep it interesting. One of the great aspects of this area of law is the government buys everything, from ventilators to weapons systems to launch vehicles to cyber-security services to explosive sniffing canines. We are constantly learning about new industries. And every agency in the government (not to mention every state) buys products and services. So unlike some regulatory practices, we are not primarily focused on just one or a handful of agencies.
Another difference with government contracts is that there is almost always a policy aspect of what we are doing. Our arguments must focus on considerations beyond disputes between two parties and address, for example, national security, socio-economic goals, international obligations and/or encouraging fair competition. And our clients are often dealing with what’s in the headlines, for example, how to handle the upcoming vaccine mandates for contractors.
Finally, what I may like best about the government contracts bar is how collegial it is. We are often on the same side and on the opposite side of our government colleagues as well as our counterparts at other firms. As a result, we need to develop long-term relationships with each other. While, of course, we vigorously represent our clients’ interests, we do not pick unnecessary fights, and we treat all with respect. It’s a much more pleasant way to practice than some of the “scorched-earth” approaches I have experienced in other areas.
What are some of your favorite memories as a GW Law student?
I made a point of treating law school like a job, rather than like a continuation of my college experience. My goal was to leave prepared to practice law. And on that front, GW delivered in a big way. Beyond the excellent academics, given GW’s location and stature, I was able to get a job at the Justice Department, Bureau of Prisons after my first year, found Wiley Rein through the OCI program and had the opportunity my third year to represent individuals accused of misdemeanors in D.C. Superior Court in the “Law Students in Court” program. And I made friendships that to this day are meaningful professionally and personally.
What advice do you have for current law students who may be interested in this field?
All of the instructors in this program, including the adjunct professors, are well known and respected in the government contracts community. They have deep ties with industry and are generous in helping you find your way in the government contracts area. You should take advantage of the opportunities they can offer you to make connections with practitioners in the field. You should also know that graduates in the GW government contracts program are in demand. We regularly hire lawyers from GW, knowing they will be able to hit the ground running and already have a built-in network.
What advice do you have for recent grads and other attorneys early in their careers that are practicing in this field?
As I’ve mentioned, this is a generous and collegial bar. You should look for ways early in your career to interact with and make an independent name for yourself in the community. I did this initially through involvement in industry associations, such as the ABA Public Contracts Section and the Court of Federal Claims Bar Association. Volunteering to help in the projects of such organizations allows you to work shoulder to shoulder with knowledgeable practitioners and raises your profile.
A couple of other pieces of advice:
Maintain and grow your network. Keep in touch with the people you have met at GW and those you interact with early in your career. Many of these folks may ultimately develop into potential clients or referral sources, and I find it personally satisfying to maintain those friendships.
Look for opportunities to handle more responsibility. We have a deep bench of talented associates. I am always looking for opportunities to have them do the oral argument or cross examine the witness. But part of the calculus is that the associate has to show the initiative and desire to step up and handle those responsibilities. Many judges at the Court of Federal Claims have emphasized the importance of having more junior lawyers arguing before them. You are the future of the practice.
Find pro bono work that is meaningful to you. We all have an obligation to use our skills to give back to the community. Find what is important to you and pursue it. Not only might you impact someone’s life in a positive way, you will also be making yourself a better lawyer.
Speaking of pro bono work, what role have pro bono and public interest work played in your career?
Pro bono and public interest work have been and continue to be some of the most meaningful aspects of my career. As a first-year associate at Wiley, among other pro bono opportunities I pursued to do good and gain litigation experience, I sought the firm’s support in picking up a death penalty habeas corpus case. I ended up representing Joe Payne, an inmate in the Virginia corrections system convicted and sentenced to death for a murder that took place in Powhatan County prison near Richmond. I represented Joe for nine years as we wound our way through state and federal courts and Supreme Court petitions. Ultimately, based on significant doubts about the evidence against Joe, we were able to achieve a commutation of his death sentence from then Governor George Allen three hours before Joe was scheduled to be executed. I was with Joe in the “Death House” at Greensville Correctional Center near Jarratt, Virginia while he was having what could have been his last meal when the Governor announced his action. The opportunity to be involved in helping to save someone’s life was the most trying and rewarding experience of my career. That journey also made me a better lawyer, as it afforded me many “firsts” in my career. Joe’s case was my first Supreme Court cert petition, hearing as lead counsel, appellate court argument, involvement in a media campaign and effort to convince a governor of the right political action. Each of those skills is directly transferable to my continuing practice.
After Joe’s case, I spent over a decade as the Chair of Wiley’s pro bono committee helping our lawyers pursue their ideals and interests and have a positive impact in our community. There is nothing quite like the pride I see in a lawyer who has just won asylum for our client or prevented our client’s eviction. Because I feel so strongly about the importance of young lawyers being exposed to this type of work, I have endowed a program to fund GW students to be interns at the Mid-Atlantic Innocence Project, which has been remarkably successful in achieving exoneration of those who have been wrongfully accused and convicted in D.C., Maryland and Virginia. These students are making a difference and learning lessons that will be valuable throughout their careers.
As the chair of the Government Contracts Advisory Council, you have played a critical role in the success of this council. What has motivated you to participate in the council and serve in this important role?
My primary motivation for being the GCAC chair is gratitude to GW, and in particular the Government Contracts Program. Not only did GW prepare me well for my career, but the Government Contracts program has been a resource for me and our practice throughout the last three decades. I am grateful for the opportunities GW has offered me to provide a practitioner’s perspective to its students as a guest lecturer; I am grateful for the connections the GW Program has helped me make with government contracts practitioners nationally and internationally; I am grateful for the many talented lawyers we have recruited from the Program. On key issues of the day, we can count on the Program to provide thought leadership and facilitate the discussion in the industry.
Why should other firms or companies consider joining the council?
I have been honored to be a part of the GCAC. Its membership is a who’s who of prominent representatives from every aspect of the industry—from outside counsel to in-house counsel to government policy makers to judges to trade association leaders to, of course, the foremost academics. The opportunity to connect regularly with and learn from these individuals and to help shape the direction of the number one government contracts program in the country, and maybe the world, is unique and valuable. I have found the opportunity to be a part of this discussion to be one of the most satisfying of my professional development endeavors.