Assistant General Counsel for Litigation and Legal Programs

Commonwealth of Massachusetts • Boston, MA

11d • Onsite

About The Position

The Assistant General Counsel for Litigation and Legal Programs serves as an attorney and manager within the Office of Consumer Affairs and Business Regulation (OCABR). Reporting to the General Counsel, this role provides legal counsel, litigation support, and oversight for legal programs and policy development for OCABR and its constituent agencies. The position advises agency leadership on legal, regulatory, litigation, and programmatic matters, and assists the General Counsel in managing daily legal operations. The Assistant General Counsel exercises independent judgment in developing and evaluating policies affecting OCABR’s legal programs, arbitration, regulatory responsibilities, public records, and litigation. This role has primary responsibility for the legal and managerial oversight of the Home Improvement Contractor Arbitration Program and the Lemon Law Arbitration Program, including supervising program coordinators and providing legal guidance. The Assistant General Counsel also provides legal advice to OCABR and its constituent agencies on operational matters, researches and interprets legal authorities, drafts legal documents, and advises on legal and regulatory requirements. The role participates in developing agency regulatory and legislative policy, drafting proposed legislation and regulations, and responding to legislative inquiries. Additionally, the Assistant General Counsel oversees compliance with the Massachusetts Public Records Law, assists in managing litigation and contested matters, and serves as a liaison with the Office of the Attorney General. The position handles legal correspondence, identifies emerging legal issues, and performs other assigned legal, litigation, regulatory, program management, and supervisory responsibilities.

Requirements

• Must be a lawyer licensed in Massachusetts
• In-depth understanding of MA administrative law
• In-depth understanding of consumer protection laws (state and federal)
• Working knowledge of the legislative process in Massachusetts
• Familiarity with applicable substantive and procedural law, both civil and criminal
• Excellent demonstrated communications skills in all areas, both written and oral
• Excellent interpersonal skills
• Experience in dealing directly with the public, including both consumers and businesses
• Demonstrated ability to interact effectively with personnel at all levels of the organization, business leaders, legislators and other government officials
• Strong ability to research and develop solutions for problem areas encountered
• Ability to complete assignments and reviews within strict timeframes
• Ability to prioritize responsibilities and successfully manage a multitude of assignments of varying complexity
• Experience in the principles and practices of management, planning and organization
• Ability to develop ideas and arguments in a concise and logical sequence
• Ability to anticipate and analyze difficult situations and take corrective action to prevent problems from occurring
• Ability to adjust to changing situations to meet emergency or changing statutory and/or regulatory requirements
• Demonstrated skills in Microsoft Office Suite and software programs necessary to support the agency’s operations
• At least six (6) years of full-time or, equivalent part-time, professional, administrative, supervisory, or managerial experience in business administration, business management, public administration, public management, clinical administration or clinical management
• Of the six years of experience, at least two (2) years must have been in a project management, supervisory or managerial capacity
• Any equivalent combination of the required experience and substitutions below: A certificate in a relevant or related field may be substituted for one (1) year of the required (A) experience. A Bachelor's degree in a related field may be substituted for two (2) years of the required (A) experience. A Graduate degree in a related field may be substituted for three (3) years of the required (A) experience. A Doctorate degree in a related field may be substituted for four (4) years of the required (A) experience.

Nice To Haves

• Experience in public sector is preferred

Responsibilities

• Oversee Arbitration Programs and Establish Program Policy: Provide legal and managerial oversight of the Home Improvement Contractor Arbitration Program and Lemon Law Arbitration Program. Formulate, determine, and implement policies, procedures, standards, and operational practices governing the administration of both programs. Exercise independent legal and managerial judgment in resolving complex or novel eligibility, procedural, statutory, regulatory, and programmatic issues and determine appropriate approaches to matters not addressed by existing policy. Ensure that both programs are administered fairly, consistently, efficiently, and in accordance with applicable law and agency objectives.
• Supervise Arbitration Program Staff and Direct Program Operations: Directly supervise the program coordinators responsible for the day-to-day administration of the Home Improvement Contractor Arbitration Program and Lemon Law Arbitration Program. Establish priorities, performance expectations, procedures, and standards for program operations; direct and evaluate staff performance; provide guidance concerning escalated or complex matters; and determine and implement changes to program practices necessary to improve consistency, effectiveness, efficiency, and service delivery.
• Provide Legal Counsel and Participate in Agency Policy Development: Provide oral and written legal advice to OCABR, its leadership, program personnel, and constituent agencies regarding legal and regulatory matters arising in the course of agency operations. Participate to a substantial degree in formulating and determining agency policy within assigned areas of responsibility by identifying policy issues, evaluating alternatives, advising agency leadership concerning legal and operational implications, and participating with the General Counsel and agency leadership in determining or modifying agency policies. Research, analyze, and interpret statutes, regulations, case law, administrative decisions, and other legal authorities and prepare legal opinions, memoranda, policies, procedures, and guidance.
• Manage and Coordinate Litigation and Contested Matters: Assist the General Counsel in managing litigation, administrative proceedings, appeals, and other contested legal matters involving OCABR and its constituent agencies. Serve as a liaison with the Office of the Attorney General and coordinate with agency personnel and assigned counsel regarding litigation strategy, factual development, discovery, document production, administrative records, pleadings, deadlines, and other litigation matters. Evaluate significant litigation developments and formulate recommendations regarding agency strategy, policy, practices, and operations in response to litigation risks and outcomes.
• Formulate Regulatory and Legislative Policy: Participate substantially in developing and determining OCABR's regulatory and legislative policies. Research, review, interpret, and draft regulations and proposed legislation; identify areas in which new or revised regulations, legislation, policies, or agency guidance may be warranted; evaluate alternative policy approaches; and formulate recommendations for agency leadership Analyze proposed statutory and regulatory changes for legal, policy, and operational implications; in coordination with the General Counsel and agency leadership, develop agency positions and responses legislative and regulatory initiatives.
• Oversee Public Records Compliance and Disclosure Policy: Oversee and coordinate OCABR's compliance with the Massachusetts Public Records Law. Establish, develop, and implement policies and procedures governing public records practices; review and evaluate public records requests; coordinate searches for responsive records; determine the applicability of statutory exemptions, privileges, confidentiality requirements, and other legal protections; review proposed productions and redactions. Exercise independent legal judgment concerning complex disclosure matters and advise agency leadership regarding significant public records, confidentiality, and information-governance issues.
• Support Agency Legal Operations and Determin Policy Within Assigned Areas: Assist the General Counsel with the day-to-day legal operations of OCABR and provide legal guidance to the Undersecretary, Deputy Undersecretary, Senior Director of Programs, and other agency leadership concerning significant legal, regulatory, policy, and programmatic matters. Regularly participate in policy-making discussions and decisions concerning matters of significant importance to OCABR's mission and objectives. Identify emerging legal, regulatory, and operational issues; evaluate policy alternatives; formulate and recommend agency responses; and, within delegated areas of authority, determine and implement policies and courses of action. Handle significant legal communications with attorneys, regulated entities, governmental entities, and other third parties and perform additional legal, managerial, policy making, and supervisory responsibilities as assigned by the General Counsel.
• Other duties, as assigned

Benefits

• Comprehensive Benefits
• Outstanding suite of employee benefits that add to the overall value of your compensation package
• Work experience that supports you, your loved ones, and your future

What This Job Offers

• Job Type: Full-time
• Career Level: Manager