Attorney IV - Litigation

Texas Health & Human Services Commission•El Paso, TX

36d•$8,000 - $11,000•Hybrid

About The Position

This position serves as an Attorney IV with the Litigation Department in the Legal Services Division (LSD) of the HHS Office of Chief Counsel (OCC). The Litigation Department is responsible for providing legal advice and support for pending or threatened litigation against HHS or HHS employees in their official or individual capacities. The Department serves as the primary point of contact with the Office of the Attorney General to defend lawsuits and administrative actions filed against HHSC or DSHS concerning employment decisions, tort claims, agency rules and policies, alleged constitutional deprivations, contract and procurement disputes, federal and state statutes, including the Medicaid Act, and to prosecute cases of Medicaid fraud. This position primarily handles complex litigation, collaborates with other LSD departments and areas of OCC, and appropriately and effectively communicates with HHS system clients, executives, and state and federal partners. The position performs highly advanced legal work under minimal supervision with extensive latitude for the use of initiative and independent judgment.

Requirements

Must have graduated from an accredited law school with a Bachelor of Laws (LLB) or a Juris Doctor (JD) degree.
Must be licensed as an attorney by and a member in good standing with the State of Texas.
At least five years’ experience in litigation.
Knowledge of legal principles, practices, and proceedings; state and federal laws, regulations, and rules, including civil procedure and evidence, and specifically within the area of constitutional law; HHS system administrative rules and regulations; and HHS system operational policies.
Skill in identifying problems and reviewing related information to develop and evaluate options and implement solutions; in using logic and reasoning to identify the strengths, weaknesses, and legal of alternative solutions, conclusions, or approaches to problems.
Skill in building and maintaining positive working relationships within OCC, across the HHS system, and with external stakeholders.
Ability to prepare legal documents, to prepare policies and procedures, to conduct research, to interpret and apply laws, to summarize findings, to prepare legal issues for presentation to executive, legislative, judicial and/or other audiences, and to communicate effectively.
Ability to conduct legal research using Westlaw and other online legal research tools.
Ability to summarize and communicate research findings verbally and in writing.
Ability to effectively represent the agency at hearings and depositions, to prepare motions and briefs, and to prepare cases for trial.
Ability to use and train staff on current technology and identify, implement, and train staff on new technology.

Nice To Haves

At least three years’ experience in the areas of complex litigation, appellate law, or administrative law.
Experience handling a variety of litigation activities including preparation of cases for hearings and trial, discovery and motion practice, preparing witnesses for deposition and trial, and attending hearings.
Experience interpreting and applying laws and policies related to state agencies in Texas.
A general understanding of defenses unique to governmental agencies, including sovereign and Eleventh Amendment immunities and official/qualified immunity.

Responsibilities

Reviews, analyzes, and advises on the interpretation, application, and implementation of laws, rules, and policies affecting the HHS system and its operation and administration.
Reviews, analyzes, and advises on the claims and defenses in litigation, and uses sound judgment to devise litigation strategy in coordination with the Office of the Attorney General.
Provides legal advice to HHS system staff and decision-makers.
Provides legal briefings and reports to HHS system executives and decision-makers.
Performs related work as assigned.