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Attorney Advisor (Litigation)

Smithsonian Institution

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What are Trust Fund Positions?
Trust Fund positions are unique to the Smithsonian. They are paid for from a variety of sources, including the Smithsonian endowment, revenue from our business activities, donations, grants and contracts. Trust employees are not part of the civil service, nor does trust fund employment lead to Federal status. The salary ranges for trust positions are generally the same as for federal positions and in many cases trust and federal employees work side by side. Trust employees have their own benefit program, which may include Health, Dental & Vision Insurance, Life Insurance, Transit/Commuter Benefits, Accidental Death and Dismemberment Insurance, Annual and Sick Leave, Family Friendly Leave, 403b Retirement Plan, Discounts for Smithsonian Memberships, Museum Stores and Restaurants, Credit Union, Smithsonian Early Enrichment Center (Child Care), Flexible Spending Account (Health & Dependent Care). 
 
Conditions of Employment
  • Pass Pre-employment Background Check and Subsequent Background Investigation for position designated as moderate risk.
  • Complete a Probationary Period
  • Maintain a Bank Account for Direct Deposit/Electronic Transfer.
  • The position is open to all candidates eligible to work in the United States.  Proof of eligibility to work in U.S. is not required to apply.
  • Applicants must meet all qualification and eligibility requirements within 30 days of the closing date of this announcement. 

OVERVIEW

The Smithsonian Institution’s Office of General Counsel seeks an Assistant General Counsel to provide professional legal advice and services primarily in the area of litigation, in support of the Smithsonian’s complex operations and expansive educational mission in a demanding environment under the supervision of the Chief Legal Officer. This position requires mature litigation and counseling skills and experience, and a thorough understanding of the Smithsonian’s unique legal status as well as the nuances of representing a complex and multi-faceted institution with many and diverse stakeholders.

The essential requirements for this position are a high degree of legal expertise, significant litigation and counseling experience, and good judgment. The Smithsonian is a trust instrumentality of the United States and a 501(c)(3) organization. Its unique nature differs from Executive Branch departments or agencies and enhances the complexity of the work of the Office of the General Counsel, requiring careful analysis, originality, and excellent judgment in developing and supporting the Institution’s legal positions and arguments.

This position has promotion potential to IS-0905-15.

DUTIES AND RESPONSIBILITIES

As an Attorney Advisor (Litigation), the incumbent’s duties include, but are not limited to:
  • Represents the Smithsonian Institution in legal matters pending before federal adjudicating bodies (including the Equal Employment Opportunity Commission, the Merit Systems Protection Board, the Government Accountability Office, the Court of Federal Claims, Federal Courts of Appeal, and United States District Courts).
  • Conducts affirmative discovery and coordinates responses to discovery requests for matters filed in federal courts and federal administrative forums, including the preservation, identification and production of documents, and the taking and defending of depositions.
  • Represents the Smithsonian in hearings and administrative proceedings in several federal administrative forums, and in arbitrations under the Collective Bargaining Agreement. 
  • Responds to subpoenas to the Smithsonian and requests for expert witness testimony.
  • Provides legal advice in matters related to federal laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Rehabilitation Act (including requests for reasonable accommodation), the Federal Labor Relations Act, the Equal Pay Act, and the civil service laws; the Federal Tort Claims Act; Federal Acquisition Regulations and contract law; copyright law; property law; and federal environmental laws.
  • Collaborates with attorneys of the Department of Justice in the conduct of federal court litigation to which the Smithsonian is a party.
  • Prepares motions and memoranda of law supporting positions taken by the Smithsonian.
  • Provides legal advice in matters that affect the Smithsonian’s operations and activities.  Performs legal oversight, as requested, for the planning, initiation, and direction of Smithsonian policies and programs.

QUALIFICATION REQUIREMENTS

Required Knowledge and Skills
  • Knowledge of and experience with federal court litigation, involving defense in the following areas: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Rehabilitation Act, the Federal Labor Relations Act, the Equal Pay Act, and the civil service laws; the Federal Tort Claims Act; bid protests; breach of contract; copyright infringement; property; and federal environmental laws.
  • In-depth experience in the application of sound legal judgment in matters concerning civil and administrative law. 
  • Knowledge of federal laws, regulations and procedures, in the following areas: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Rehabilitation Act, the Federal Labor Relations Act, the Equal Pay Act; and the civil service laws; the Federal Tort Claims Act; Federal Acquisition Regulations and contract law; copyright law; property law; and federal environmental laws.
  • Ability to communicate effectively with a wide variety of senior-level decisionmakers, as well as officials from other federal and state agencies, legal organizations, and businesses, as demonstrated by past professional experience.
  • Ability to gather data and conduct research using legal and non-legal sources, to formulate alternatives and clearly communicate recommendations based on the findings. 
  • An applicant must have professional law degree (J.D.) from an accredited law school. (Submit a copy of your Official or Unofficial Transcript)
Bar Membership
  • An applicant must currently be a member in good standing of the Bar of the highest court of a state, U.S. commonwealth, U.S. territory or the District of Columbia. It is a requirement to submit a copy of proof of membership.
Required Specialized Experience
  • Applicant must possess five (5) years of specialized legal experience relevant to the duties of the position and which has enabled the applicant to perform complex legal work and to operate with a substantial degree of independence and responsibility at the grade 14 level. For this position, specialized experience is defined as experience representing clients in all phases of litigation from the investigation, pleadings, and discovery stages through the pre-trial, trial, settlement, and appeal processes.
  • Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.
  • Part-time and/or unpaid experience related to this position will be considered to determine the total number of years and months of experience. Be sure to note the number of paid or unpaid hours worked each week.

Education completed outside the United States must be deemed equivalent to higher education programs of U.S. Institutions by an organization that specializes in the interpretation of foreign educational credentials. This documentation is the responsibility of the applicant and should be included as part of your application package.
 
Any false statement in your application may result in rejection of your application and may also result in termination after employment begins.
  
The Smithsonian Institution values and seeks a diverse workforce. Join us in "Inspiring Generations through Knowledge and Discovery."
 
Resumes should include a description of your paid and non-paid work experience that is related to this job; starting and ending dates of job (month and year); and average number of hours worked per week.  

What To Expect Next: Once the vacancy announcement closes, a review of your resume will be compared against the qualification and experience requirements related to this job. After review of applicant resumes is complete, qualified candidates will be referred to the hiring manager.
 
Relocation expenses are not paid.
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