This position is located in the Office of the Chief Counsel, Litigation Division, Washington, D.C. The attorney serves as an advocate and legal advisor on a wide variety of matters involving litigation on behalf of the Bureau.
Two attorneys positions in the Litigation Division will be filled with the vacancy. Both attorneys will be required to serve as advocates and legal advisors on a wide variety of matters involving litigation on behalf of the Bureau. Conducts extensive research and analysis, applying the pertinent laws, regulations, judicial decisions, administrative opinions, and the Department and Bureau rulings, to defend actions brought against the Bureau, its employees and the laws it is charged with administering and enforcing. This includes providing thorough and comprehensive litigation reports, motions, memorandum and briefs to the Department of Justice; attending hearings, settlement conferences, meditations, and other forms of alternative dispute resolution; gathering, organizing, and providing responses to discovery requests, and seeking discovery.
Reviews decisions by the courts and other tribunals that were unfavorable to the Government to determine whether to recommend seeking appellate review, which includes considering the effect of the decision as precedent if allowed to stand, the need for consistent application of the law in all jurisdictions, the sufficiency of evidence, and the amount of damages at issue. If an appeal is recommended and approved, may assist in the preparation of the Government’s case before the appellate court.
Provides advice on questions of law or policy involved in the Bureau’s operations, conducts briefings on case status, gives guidance as to litigation risk to ATF officials, and confers with other Department and Government attorneys to defend lawsuits.
In addition, one attorney serves as agency counsel in litigation involving the Federal Tort Claims Act (FTCA), Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, and to a lesser extent, the Freedom of Information Act, the Privacy Act, challenges to the Federal firearms and explosives laws and regulations pursuant to the Administrative Procedure Act, and constitutional challenges. Responsible for determining the resolution of administrative claims under the FTCA and the Military Personnel and Civilian Employees Claims Act.
The other attorney serves as the agency representative in litigation before the Merit System Protection Board (MSPB) and Equal Employment Opportunity Commission and acts as the second chair in MSPB and EEOC litigation reaching the Federal district and appellate courts.
GS-13: Applicants must have three (3) years of specialized experience as a practicing attorney in litigation. Must have superior communication, analytical and writing.
GS-14: In addition to the experience listed in the GS-13, applicants must have five (5) years of specialized experience as a practicing attorney in litigation. Must have superior communication, analytical and writing.
Specialized Experience is experience which is in or directly related to the line of work of this position and which has equipped the applicant with the particular knowledge, skills and abilities needed to successfully perform the duties of the position.
- Demonstration of original thinking, mature judgment, and sound reasoning are continually required as new problems of law, policy and procedures are presented for solution.
- Demonstrated ability to provide legal advice on FOIA case law and the application of exemptions, particularly law enforcement exemptions.
- Demonstrated ability to provide legal advice on litigation matters to include those under the Federal Tort Claims Act (FTCA), Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, and the Administrative Procedure Act (APA).
- Superior analytical, written and communication skill.
This job is filled through a 3-step on-line application process.
STEP ONE - (Online Resume - USAJOBS) You must create a user account and
at least one Federal resume at USAJOBS. Information you provide in
USAJOBS is general information completed by all applicants. The
information you provide and your Federal resume will become part of your
application and will automatically be transferred to CareerConnector
when you apply online. If you have an existing USAJOBS account, simply
login and select the resume you wish to include with your application
package for this announcement.
STEP TWO - (Vacancy Specific Questions USAJobs) In USAJobs, you will
answer vacancy specific questions necessary to evaluate your
qualifications for the job to which you are applying. When completed,
the information you provided at USAJOBS and the answers to the USAJob
questions will become your application package.
STEP THREE - (Supporting Documentation) You may upload supporting documentation in one of two ways:
(l) Once you finish answering the questions in the job announcement, you
will be prompted to upload your document(s) to your application
package. You will be given the choice to either upload the document as
part of the application process, or you can select a document that
you've already loaded on USAJOBS, or simply fax supporting
documentation, which will provide you the necessary cover sheets for
each of your documents so that they will be correctly submitted to the
appropriate vacancy announcement. The fax number will be available on
the cover sheet.
(2) You can upload a document to an existing application by logging into
your USAJOBS account profile. Click on "My Applications" and search for
the vacancy. Once you have located the vacancy, click on the vacancy
and select "Apply Online". Move through your existing application to the
Documents page and select "Upload" in order to add a document to your
application. Be certain to review your complete application for
confirmation that the document uploaded and click on "Finished" to be
returned to USAJOBS. Your complete online application and any required
supplemental documentation (e.g. DD-214) must be received by 11:59 p.m.
Eastern Time (ET) on the closing date of this announcement.
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.
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Department Policies
Equal Employment Opportunity: The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, protected genetic information, pregnancy, status as a parent, or any other nonmerit-based factor. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.
Reasonable Accommodations: This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
Outreach and Recruitment for Qualified Applicants with Disabilities: The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements. Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority. Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.
Suitability and Citizenship: It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.
Veterans: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
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This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.
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