The Buddy Check and the Legal Record
One of the first things you learn as a scuba diver is the buddy check. Before you go under, you and your dive partner verify each other's equipment — not because you assume something is wrong, but because the environment you're entering is one where a problem that seems small on the surface becomes serious quickly once you're underwater. I've been thinking about that practice a lot in the context of legal risk management.
Corporate attorneys do something that functions very similarly. Before a deal closes, the parties conduct diligence — reviewing the other side's representations, verifying that what's been disclosed is accurate, checking that the conditions for closing have actually been met. It's a systematic process, and like the buddy check, its value isn't visible when everything goes right. It's visible when something could have gone wrong but didn't, because someone ran the process correctly.
White-collar criminal defense begins where that process ends — or where it failed. An investigation, an enforcement proceeding, or a criminal case involving financial conduct starts with a question: what did the record actually show? The attorney works backward through the documentation, looking for what was done and what wasn't, trying to determine whether the gaps that exist were innocent or intentional.
The connection between the two practices is clearest when you think about what good corporate work actually prevents. A transaction that's been properly structured, documented, and disclosed leaves very little room for a white-collar case to take hold. The pre-dive checklist, run correctly, makes the post-incident review a much shorter conversation.
I want to practice in both directions. Scuba diving is just a hobby that keeps the framework in mind.
















