Attorney Interne

City of New York•New York, NY

21h

About The Position

The Legal Process and Records Access Unit (LPRAU) handles all incoming requests for DSS/HRA/DHS agency records, including providing statements and legal responses, quashing subpoenas that seek records that are not subject to release; responding to Freedom of Information Law (FOIL) requests pursuant to the NYS Public Officers Law, defending any appeals challenged through New York City Practice Law and Rule (CPLR) Article 78 proceeding, and responding to client case requests pursuant to agency policy or procedures. The LPRAU is also responsible for tracking incoming legal process and maintains files according to city and state records retention requirements; retrieving requested records directly from the various administrative and program areas; determining whether records may be released under applicable federal, state, and local laws; providing records subject to release; intake and tracking of legal papers served on the agency to ensure all documents are properly routed to the appropriate division within the Office of Legal Affairs and handled in a timely fashion. The unit also manages sensitive Housing Court cases, defends against client discrimination complaints, and oversees the HIPAA Unit, ensuring compliance with health information privacy regulations. The LPRAU works with attorneys and staff in all departments and offices to impart expert procedural advice and coordinate court-related services. The Office of General Counsel is requesting to recruit for an Agency Attorney Interne to function within the Employment Law Unit of the Office of Legal Affairs. . Under close supervision of a Supervising or Senior Attorney, with some latitude for independent judgment and un-reviewed action and decision, performs legal work, including the following: - Under direction of the Associate General Counsel with some latitude for independent judgment and un-reviewed action and decision, the Attorney shall perform legal work, including the following:

Requirements

Graduation from an accredited United States law school as defined in the Rules of the New York Court of Appeals (Sections 520.3 or 520.5) or admission to the New York State Bar.

Responsibilities

Handle Freedom of Information Law (FOIL) requests from outside requestors to determine availability of responsive materials and assists in reviewing, in conjunction with more senior attorney staff, whether documents may be released pursuant to statute.
Handle requests for records not under the FOIL statute including client requests, court subpoenas, letters from advocates, media, and other requestors to determine availability of materials, and legal adequacy of subpoenas, releases, and court orders in consultation with supervisors and management staff.
Provides guidance on whether release of materials are consistent with applicable laws and rules, making legal determinations on initiating legal actions including motions to quash, withholding materials pursuit to confidentiality status, and other privacy laws and rules on behalf of the New York City Department of Social Services (DSS) / the New York City Human Resources Administration (HRA) / the New York City Department of Homeless Services (DHS).
Handle New York Civil Practice Law and Rule (CPLR) Article 78 proceedings in FOIL litigation and motions to quash subpoenas and handles counseling questions including appearing in court proceedings, drafting pleadings, stipulations, and memoranda;
Conduct legal research on privacy and the FOIL statute and prepare relevant memoranda for consideration by Agency managers.
Provide legal counseling and legal assistance to all agency program areas and departments within DSS/HRA/DHS by researching legal questions; interpret the intent/legal ramifications of, agreements, laws, rules and regulations related to the delivery of services.
Draft and review legal documents and prepare legal opinions on matters of importance to the Agency: pleadings, motions, agreements, contracts or statements to obtain court agreements, stipulations or judgments, including but not limited to: objections, rebuttals, and affidavits in order to obtain successful outcomes for Agency litigation; prepare legal memoranda and advisory opinions as requested.
Represent the Commissioner in judicial proceedings: motions before the courts, trials and/or hearings, petitions, appeals, etc. to pursue or avert further litigation; negotiate on behalf of the Agency in order to obtain contracts, settlements or judgments.
Conduct legal discovery to obtain evidence and research more sophisticated legal issues by reviewing statutes, case law, regulations and other legal material to formulate legal arguments and strategy in furtherance of the Agency's position.
Perform other related tasks.