Litigation Attorney IV (DSHS)

TX-HHSC-DSHS-DFPS•Austin, TX

3d•$10,384 - $10,680•Hybrid

About The Position

This position is an Attorney IV in the Litigation Department on the General Litigation Team and will be primarily supporting the Department of State Health Services (DSHS). The Litigation Department is one of seven departments in the Legal Services Division of the HHS Office of Chief Counsel (OCC). The Litigation Department provides legal advice and support for pending or threatened litigation against HHS or HHS employees in their official or individual capacities. The Litigation Department serves as the primary point of contact with the Office of the Attorney General (OAG) to prosecute and defend lawsuits and administrative actions filed against HHSC or DSHS concerning employment decisions, tort claims, agency rules and policies, alleged constitutional violations, federal and state statutes, and contract and procurement disputes. The Attorney IV performs complex legal work as part of the General Litigation Team. The job involves legal research, interpreting state and federal laws and rules related to programs administered by the agency, drafting legal documents and informational memoranda, responding to third party subpoenas, and rendering legal advice and counsel to DSHS General Counsel, agency management, and program staff. The position also requires managing litigation and coordinating with the OAG to defend and prosecute lawsuits including discovery and motion practice, attending hearings, and preparing cases for trial. The Attorney IV has latitude for the use of initiative and independent judgment.

Requirements

Must be licensed as an attorney by the State of Texas and a member in good standing with the State Bar of Texas.
Must have graduated from an accredited law school with a Bachelor of Laws (LLB) or a Juris Doctor (JD) degree.
Must have at least five years of experience in litigation.
Knowledge of legal principles, practices, and proceedings.
Knowledge of federal and state rules of civil procedure and evidence.
Knowledge of agency administrative rules and regulations.
Skill in legal research, writing and analysis.
Ability to apply federal and state laws, rules, and other regulations affecting the agency.
Skill in handling multiple projects and meeting tight deadlines.
Skill in demonstrating sound judgment.
Ability to effectively multi-task.
Skill in identifying and analyzing complex problems, evaluating alternatives, and implementing solutions using sound reasoning and logic.
Skill in working collaboratively and cooperatively with client representatives, other government employees, and stakeholder groups.
Ability to organize and manage multiple tasks of varying priorities and to make efficient use of time and resources.
Ability to communicate effectively and professionally with a wide range of audiences both verbally and in writing.
Ability to maintain effective and collegial relations with all levels of management, staff and the public.
Ability to analyze complex factual and legal issues related to a wide variety of federal and state laws.
Ability to use computer applications and databases related to essential functions of the job, including computer-assisted legal research, word processing software, and Microsoft Office including Outlook, Excel, PowerPoint, and Teams.
Ability to effectively represent the agency at hearings and depositions, to prepare motions and briefs, and to prepare cases for trial.
Ability to plan and organize workloads and to supervise the work of others as necessary.

Responsibilities

Draft summaries of new litigation identifying parties and claims, identify defenses, evaluate potential risks to the agency and its employees, and develop litigation strategy.
Oversee and coordinate legal and administrative activities.
Formulate and establish policies and procedures.
Draft timely, accurate, and concise updates for the Associate Director, Director of Litigation, DSHS General Counsel, HHS Deputy Chief Counsel, and HHS Chief Counsel concerning the status of and new developments in agency lawsuits.
Work closely with DSHS General Counsel and attorneys from other departments that support DSHS, 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 and petitions.
Research claims and defenses and ensure appropriate motions are filed timely by the OAG.
Draft, review and edit briefs and motions as needed.
Review discovery requests and work with agency staff to identify responsive information and documents.
Draft, review and edit discovery responses and objections.
Use e-discovery software to review documents and other information for production.
Draft and review discovery requests as needed.
Ensure the OAG pursues offensive discovery as needed.
Review settlement recommendations from OAG and draft settlement recommendations for review by the Associate Director, Director of Litigation, DSHS General Counsel, HHS Deputy Chief Counsel, and HHS Chief Counsel.
Participate in settlement negotiations and ensure that all settlement documents adequately protect the agency's interests.
Work with OAG and agency staff to ensure appropriate compliance with and implementation of court orders.
Draft recommendations for review by the Associate Director, Director of Litigation, DSHS General Counsel, HHS Deputy Chief Counsel, and HHS Chief Counsel on whether to appeal court rulings.
Draft, review and edit appellate briefs and arguments and work with OAG to ensure appeals are filed timely.
Attends work on a regular and predictable schedule in accordance with agency leave policy and performs other duties as assigned.