Litigation Attorney

TX-HHSC-DSHS-DFPS • Austin, TX

2d • Hybrid

About The Position

Join the Texas Health and Human Services Commission (HHSC) and be part of a team committed to creating a positive impact in the lives of fellow Texans. At HHSC, your contributions matter, and we support you at each stage of your life and work journey. Our 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. Explore more details on the Benefits of Working at HHS webpage.

This position is an Attorney in the Litigation Department on the Medicaid Litigation Team. 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 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.

The Attorney IV performs complex legal work as part of the Medicaid Litigation Team. The job involves working primarily on Medicaid litigation, including the Frew class action and Medicaid procurement litigation, among others, 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 and prosecute lawsuits involving the agency, assisting in the preparation of cases for trial, depositions, and hearings, and other duties as assigned. 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.
• Knowledge of the federal and state rules of civil evidence and procedure.
• Skill in researching, reviewing, analyzing, interpreting and applying federal and state laws, rules, and other regulations affecting the agency. Skill in writing, communicating, and solving complex problems using reasoning and logic. Skill in hearing, deposition, and trial preparation.
• Ability to use agency computers and software platforms, conduct legal research, summarize findings and advice, and communicate effectively and professionally; ability to prioritize workloads and to use good judgment to identify appropriate courses of action and legal strategy in lawsuits and other matters as assigned.
• Graduation from an accredited law school with a Bachelor of Laws (LLB) or a Juris Doctor (JD) degree.
• A minimum of 3 years of litigation experience.

Responsibilities

• The Attorney IV will draft summaries of new litigation identifying parties and claims, identify defenses, and evaluate potential risks to the agency and its employees. The Attorney IV will draft timely, accurate, and concise updates for the Associate Director and Director of Litigation and Chief Counsel concerning the status of, and new developments in, agency lawsuits. The Attorney IV will research legal issues related to litigation and provide timely, accurate, and concise analysis and advice. (30%)
• The Attorney IV will draft letters to the OAG requesting representation in litigation. The Attorney IV will work with the assigned Assistant Attorney General (AAG) and agency staff to respond to complaints and petitions. The Attorney IV will research claims and defenses and ensure appropriate motions are filed timely by the OAG. The Attorney IV will draft and review briefs and motions as needed. (20%)
• The Attorney IV will review discovery requests and work with agency staff to identify responsive information and documents. The position will draft or review discovery responses and objections. The Attorney IV will use e-discovery software to review documents and other information for production. The Attorney IV will draft or review discovery requests as needed. The Attorney IV will ensure the OAG pursues offensive discovery as needed. (20%)
• The Attorney IV will review settlement recommendations from OAG and draft settlement recommendations for review by the Associate Director and Director of Litigation and Chief Counsel. The Attorney IV will participate in settlement negotiations and ensure that all settlement documents adequately protect the agency's interests. The Attorney IV will work with OAG and agency staff to ensure appropriate compliance with and implementation of court orders. (20%)
• The Attorney IV will draft recommendations for review by the Associate Director and Director of Litigation and Chief Counsel on whether to appeal court rulings. The Attorney IV will draft or review appellate briefs and arguments and work with OAG to ensure appeals are filed timely. (10%)
• Attends work on a regular and predictable schedule in accordance with agency leave policy and performs other duties as assigned.

Benefits

• Our 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