Trial Attorney - MHLD Brockton - Fall River

Commonwealth of MassachusettsFall River, MA
Hybrid

About The Position

The Mental Health Litigation Division (MHLD) of the Committee for Public Counsel Services (CPCS), the Massachusetts public defender agency, is seeking an experienced, full-time Trial Attorney for civil commitment cases, competency to make informed medical decisions, and substituted judgement determinations, including trials and a limited number of appellate cases for its Brockton Commitment Defense Unit. This office is responsible for civil commitments filed by Bridgewater State Hospital and other facilities in the Plymouth and Bristol County regions. This Trial Attorney position will be a member of the Brockton Commitment Defense Unit but will be seated in the CPCS office in Fall River and will be responsible for civil commitments filed by selected facilities in the Plymouth and Bristol County regions. This position is eligible for a hybrid work schedule. The Mental Health Litigation Division is committed to protecting the legal and constitutional rights of citizens facing civil commitment to a psychiatric facility, guardianship petitions, and involuntary treatment orders including the administration of antipsychotic medications. Mental Health Litigation Division Trial Attorneys receive training on issues relating to mental health and the statutory and constitutional rights of our clients. Mental Health Litigation Division Trial Attorneys provide zealous representation in mental health cases, primarily to indigent persons in proceedings seeking commitment to, continued confinement at, or authorization to treat by psychiatric facilities operated by the Massachusetts Department of Corrections, Department of Mental Health (DMH) and private psychiatric facilities licensed by DMH. Attorneys will appear primarily in District Court sessions conducted at facilities for which the office is responsible or in Superior Court divisions within the county in which the facilities are located but may be required to represent clients in proceedings emanating from other facilities and conducted in other courts of the Commonwealth. Trial Attorneys may also represent clients in appeals to the Appellate Divisions of the District and Municipal Courts. Trial Attorneys will be supervised by, and report to, the Attorney in Charge.

Requirements

  • Eligible to practice law in Massachusetts, either as a member of the Massachusetts bar or as an attorney licensed in another jurisdiction who is covered by Supreme Judicial Court Rule 3:04
  • Access to reliable transportation throughout the Commonwealth is necessary
  • Access to home internet access sufficient to work remotely

Nice To Haves

  • Foreign language skills to support interaction with limited English proficient groups in the region are desirable
  • Trial experience in mental health cases is preferred
  • Strong interpersonal and analytical skills
  • Ability to work in a community and defense-oriented capacity, both independently and collaboratively

Responsibilities

  • Visiting with and interviewing clients at the facilities
  • Conducting pre-trial investigation and discovery, including obtaining and reviewing facility and other medical and psychiatric records, and interviewing facility staff and other potential witnesses
  • Working extensively with forensic psychiatric, psychological and other clinicians
  • Locating and interviewing witnesses and consulting with service providers
  • Conducting legal research and writing
  • Representing clients in pretrial proceedings, hearings, trials, and interlocutory appeals
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