Litigation Attorney

Closing Date: 19th June, 2024

Description:

A Government Entity is recruiting for a Litigation Attorney
General Position Summary: Can you picture yourself in this position? The Litigation Attorney provides participating public entities with legal defense against covered liability claims, with a focus on defending law enforcement. This includes defending excessive force, wrongful arrest, and civil rights claims against law enforcement, as well as law enforcement related employment practice claims. Although the focus is on law enforcement, the Litigation Attorney will be called on to defend other liability claims filed against local government in Oregon, on an as needed basis. The Litigation Attorney will primarily support the Supervising Litigation Attorney, while handling a separate caseload under the guidance and oversight of A Government Entity' General Counsel.
CIS Offers: Why is A Government Entity a great place to work? Meaningful work that impacts Oregon's communities, job stability, 100% employer-paid retirement plan (Oregon PERS), regular salary increases, 90% of health insurance premium paid by A Government Entity, professional development opportunities, and respect and appreciation for what you do.
Please come join A Government Entity. As a nationally recognized leader in risk pooling and trust management, our values are service, stewardship, integrity, innovation, collaboration, and equity, which not only benefits local communities, but also delivers a great benefit to you! It is a win-win for everyone. Our average employee tenure is 8 years; whether you are joining our team for two years or 20 years, you will have the opportunity for professional development. We would be honored to have you join our team.
Position Highlights/Job Description
Essential competencies of this job are described under the headings below. They may be subject to change at any time. The omission of specific statements of duties does not exclude them from the position, if the work is similar, related, or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and may be changed by the employer at any time.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions, providing that an accommodation(s) does not create an undue hardship for the employer, remove an essential job function, and/or create a direct safety threat to the individual, or others.
General Position Summary:
The Litigation Attorney provides participating public entities with legal defense against covered liability claims, focusing on defending law enforcement. This includes defending excessive force, wrongful arrest, and civil rights claims against law enforcement, as well as law enforcement related employment practices claims. Although the focus is on law enforcement, the Litigation Attorney will be called on to defend other liability claims filed against local government in Oregon on an as needed basis. The Litigation Attorney will primarily support the Supervising Litigation Attorney, while handling a separate caseload under the guidance and oversight of A Government Entity' General Counsel.
Essential Functions:
Temporary modifications to provide reasonable accommodations, or transitional work assignments, do not waive any of the essential functions for this position.
Driver License
The ability to drive is an essential job function, and it is related to a business purpose.
The following information may not be all-inclusive:

• Communicate effectively orally and in writing, including public speaking and the ability to convey legal concepts, to a non-legal audience.
• Communicate effectively with members, external panel counsel and law firms, other insurance pools (including special districts), judges and court staff, defense counsel, opposing counsel, and expert witnesses.
• Compose various requests to be served to the plaintiff. These include requests for admissions and interrogatories, as well as motions asking that the court order compliance with these requests; respond to plaintiff's counsel's similar requests.
• Conduct trial-review list of potential jurors, select jury, give the opening statement (including the use of demonstrative evidence), cross-examine adverse witnesses, direct examination of defense witnesses as part of case in chief, give closing argument, and prepare judgment order, statement of costs and satisfaction of judgment.
• Consult with claims adjusters regarding potential liability and settlement value of non-litigated claims.
• Court appearances and teleconferencing with court and counsel for trial settings, and presentation of oral argument.
• Determine liability, comparative fault, injuries and damages, settlement value, and verdict potential.
• Formulate defense strategy, and plan for investigation of lawsuits; refine these strategies as litigation progresses.
• Keep assigned claims adjusters informed of the status of litigated claims, including drafting regular reports, such as, initial case evaluations, litigation budgets, deposition summaries, pretrial reports, and other reports as requested.
• Legal research via Westlaw or Lexis.
• Locate and interview witnesses, visit the scene of the occurrence and take photographs if necessary. Arrange for depositions of plaintiff and plaintiff's important witnesses, prepare client and other witnesses for deposition, and defend depositions.
• Obtain, organize, review, and analyze medical records, investigative reports, i.e., police, fire, internal affairs, etc., DMV, employment, financial, scholastic, and criminal conviction records, and provide summary of same. This includes subpoenaing records.
• Preparation for trial/arbitration, including, review of file and depositions, conferencing with witnesses, preparation of subpoenas for witnesses, organizing exhibits, drafting motions in limine, preparing trial memos and statement of issues for court, drafting jury instructions, verdict form, exhibit list, witness list, and assembling trial notebook. When cases are in Federal Court, prepare mandatory pre-trial order, expert witness narrative report, and prepare requested jury selection questions.
• Prepare and receive correspondence (either in hardcopy or e-mail format) from attorneys, court, city, and county representatives; make and receive telephone calls to those listed.
• Prepare various motions, i.e., to dismiss, issuance of summary judgment, and the supporting declarations and memorandums of law. Prepare motions against the complaint, discovery motions, and dispositive motions.
• Provide advice and guidance on potential claims and lawsuits received via tort claim notice.
• Provide formal training, both at DPSST and at large member-attended conferences, and CLEs.
• Provide general advice and guidance to law enforcement members on pre-litigation legal issues.
• Provide general advice and guidance to members on litigation-related matters, such as responding to subpoenas, public records requests, and other legal processes.
• Read and analyze pleadings, respond to plaintiff's complaints, including crossclaims and counter claims when applicable.
• Represent A Government Entity at member-attended functions and meetings.
• Research and advise for claims on various litigation issues such as statute of limitations application, discovery rule, perfection of service, and “course and scope” issues.
• Review plaintiff's settlement proposals, formulate settlement strategy and proposals, prepare for and participate in, settlement negotiations and settlement and pre-trial conferences, with court and opposing counsel, and draft settlement documents, i.e., releases and judgments of dismissals.
• Speak to members of local government law enforcement regarding legal updates and best practices and write articles regarding the same.
• Track relevant litigation involving non-members on similar or related cases.
• Walking with, speaking to, and listening to employees of members who are being sued, informing them of the legal process; help them understand the process and risks.

Education, Certification, Certificates, Knowledge & Experience:
Education and experience requirements listed are minimum standards. Other equivalent combinations of education, certifications, training, and experience may be considered.
Education: Doctor of Jurisprudence.
Knowledge: Top-notch verbal and written communication skills, including public speaking and ability to convey legal concepts to a non-legal audience. Familiarity with the insurance industry, and confidence in dealing with public officials.
Certificates: None.
Certifications: None.
Licenses:

• Valid driver's license: employee must maintain a safe driving record while employed with A Government Entity.
• Oregon State Bar membership, admission to the U.S. District Court and U.S. Court of Appeals Ninth Circuit.

Experience: Five or more years of:

• Litigation.
• Defense of police, sheriff's offices, and/or corrections.
• Defending law enforcement cases.
• Public sector tort and civil rights law.

Special Qualifications:
None.
Non-essential Job Functions:
Other duties as assigned.

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