Attorney IV- Litigation

TX-HHSC-DSHS-DFPS • Austin, TX

14d • Hybrid

About The Position

Attorney IV: This position is an Attorney in the Litigation Department. The Litigation Department is one of seven departments in the Legal Services Division of the HHS Office of Chief Counsel. The Litigation Department provides legal advice and support for all 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 disputes, federal and state statutes, including the Medicaid Act, and to prosecute cases of Medicaid fraud.
The Attorney IV performs complex legal work and will be responsible for handling a variety of litigation activities related to programs and services administered by HHSC. The attorney will be responsible for interpreting state and federal laws and rules related to programs administered by the agency, drafting documents, rendering legal advice and counsel to agency management and program staff, working with the Office of Attorney General (OAG) to defend lawsuits involving the agency, assisting in the preparation of cases for trial and hearings, and other duties as assigned.

Requirements

• Knowledge of the federal and state rules of civil evidence and procedure and of agency administrative rules and regulations.
• Skill in researching, reviewing, analyzing, interpreting and applying federal and state laws, rules, and other regulations affecting the agency.
• Skill in the use of a computer and applicable software; in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; in mediation and negotiations; and in using sound judgment to identify courses of action.
• Ability to take initiative, exercise independent judgment, and complete tasks with minimal supervision, while at the same time working effectively with others as part of a team.
• Ability to collaborate with other team members on legal representation and coordinate with others to ensure the timely completion of large scale legal projects.
• Ability to effectively communicate with other team members on legal matters and participate meaningfully in team discussions of law and legal strategy.
• Ability to represent the agency at hearings, to prepare opinions and briefs, to prepare cases for trial, to interpret and apply laws, to use legal reference materials and to communicate effectively and professionally (both verbally and in writing).
• Ability to plan and organize work and to supervise the work of others.
• Ability to conduct legal research using Westlaw and other online legal research tools.
• Ability to summarize and communicate research findings verbally and in writing.
• Must be licensed as an attorney by the State of Texas and a member in good standing with the State Bar of Texas.
• Graduation from an accredited law school with a Bachelor of Laws (LLB) or a Juris Doctor (JD) degree.
• A minimum of 3 years of civil litigation experience required.

Nice To Haves

• Experience with complex litigation, appellate law, or administrative law.
• Experience interpreting and applying laws and policies related to state agencies in Texas.

Responsibilities

• Draft summaries of ongoing litigation identifying parties, claims, and defenses, and evaluating potential risks to the agency and its employees.
• Keep agency staff, including executive staff, apprised of lawsuit developments and updates.
• Organize and coordinate legal and administrative activities.
• Communicate regularly with agency staff to provide advice and support in relation to agency efforts to comply with court orders.
• Formulate and establish policies and procedures.
• Draft timely, accurate, and concise updates for the Director of Litigation and Chief Counsel concerning the status of, and new developments in, agency lawsuits.
• Research legal issues related to litigation and provide timely, accurate and concise analysis and advice.
• Draft letters to the OAG requesting representation in litigation.
• Work with the assigned Assistant Attorney General (AAG) and agency staff to respond to complaints, petitions, and relevant motions.
• Coordinate case preparation for interviews, depositions, hearings and trials.
• Review discovery requests and work with agency staff to identify responsive information and documents.
• Draft or review discovery responses and objections.
• Use e-Discovery software to review documents and other information for production.
• Research claims and defenses and ensure appropriate motions are filed timely by the OAG.
• Draft and review briefs and motions as needed.
• Draft recommendations for review by the Director of Litigation and Chief Counsel on whether to appeal court rulings.
• Draft or review appellate briefs and arguments and work with the OAG to ensure appeals are timely filed.
• Review settlement recommendations from the OAG and draft settlement recommendations for review by the Director of Litigation and the Chief Counsel.
• Participate in settlement negotiations and ensure that all settlement documents adequately protect the agency's interests.

Benefits

• comprehensive benefits package includes 100% paid employee health insurance for full-time eligible employees, a defined benefit pension plan, generous time off benefits, numerous opportunities for career advancement and more

What This Job Offers

• Job Type: Full-time
• Career Level: Mid Level
• Education Level: Ph.D. or professional degree