Attorney IV

Job Description

Office of Chief Trial Counsel

Annual Salary Range: $154,135 - $231,023

FLSA Exempt / Union Represented

This position allows for up to four days of remote work per week

About the Office

The Office of Chief Trial Counsel (OCTC) is the enforcement arm of the attorney discipline system. OCTC handles intake, investigation, and prosecution up through and including appeal in State Bar Court of allegations that attorneys have violated the State Bar Act or the Rules of Professional Conduct. The office also receives, reviews, and investigates complaints alleging unauthorized practice of law by non-attorneys.

The Ideal Candidate

OCTC seeks an attorney with an appellate background to join the office's appellate unit. At least 5 years of appellate experience (either as an appellate practitioner or appellate court counsel), is required. Knowledge of State Bar case law and procedures is preferred. The ideal candidate will possess at least some public agency experience; exceptional analytical, research, and writing skills; the ability to work collaboratively with others; strong attention to detail; and sound judgment. Excellent written and oral communication skills and the ability to work effectively both independently and in a team setting is required.

Responsibilities

• Handle appellate cases, including researching legal issues, drafting appellate briefs, and presenting oral arguments in both State Bar Court and other State and Federal Courts;
• Participate in, and conduct, unit and office-wide trainings, meetings, and calibration sessions;
• Monitor case trends and outcomes and make recommendations as to when OCTC should affirmatively appeal cases, seek publication, or seek other remedies such as rule or statutory changes;
• Work closely with other attorneys, both inside and outside of the appellate unit, to develop case strategies.

Although this position is listed as an appellate position, rotations through the office may occur and the selected candidate may be assigned to do trial, investigation, or intake work for the office in the future.

Definition

Under general direction, the Attorney IV performs highly complex legal and litigation work that includes the identification of legal issues; recommendations of appropriate action; resolution of legal problems; interpretation and application of laws, rules, regulations, and other legal authorities; legal research and analysis; and preparation of legal documents, opinions, and other memoranda. The Attorney IV takes lead responsibility in case/project management presentations and in the formulation, determination, and effectuation of management policies of the State Bar. Incumbents in this class are well-experienced attorneys with expertise in a broad or specialized area of law and have demonstrated their ability to independently perform assignments consisting of complex and sensitive legal work of the State Bar and to consistently produce favorable results in these proceedings.

Distinguishing Characteristics

The Attorney I is the entry-level classification in the attorney series. The Attorney I differs from the Attorney II classification in that the latter handles more complex assignments, works under less supervision, and may serve as the lead over a small team of administrative and/or professional staff, or as a lead counsel in trials.

The Attorney II differs from the Attorney III in that the latter has a more complex and voluminous caseload, works under less supervision, and may also serve as a lead over a small team of attorneys and/or other administrative and professional staff.

The Attorney III differs from the Attorney IV in that the latter has a more complex caseload and serves in a lead capacity over other attorneys and/or administrative and professional staff.

The Attorney IV differs from the Attorney V in that the latter independently handles the most complex legal matters; develops and delivers training, projects, and protocols for the improvement of their assigned office; and may supervise other attorneys and administrative and professional staff.

Examples of Essential Duties:

Duties may include, but are not limited to, the following:

When Assigned Outside of the Office of General Counsel:

• Independently researches, analyzes, interprets, and applies legal principles of a highly complex nature within the assigned work area.
• May assume lead role in the selection, evaluation, training and direction of attorneys, investigators and legal support staff.
• Conducts highly complex legal research in various areas of federal, state, and State Bar Court law, including case decisions, evidentiary law, statutory law, procedural and court rules, and legislation.
• Independently prepares complex legal documents, including pleadings, subpoenas, memoranda, letters, proposals, tentative or draft decisions, and/or other documents.
• Guides and mentors attorneys and other staff, as needed, in researching, interpreting, and applying complex legal principles and preparing them for trial.
• Maintains well-organized case, file, and related records to ensure effective completion of projects assigned and assists in the evaluation of the work product.
• Stays informed and keeps staff within areas of responsibility informed concerning the applicable law, rules, procedures, policies, and practices relating to the functions assigned.
• Provides lead direction to and review the work of other staff.
• Provides substantive and procedural guidance to other attorneys to assist them with their cases or prepare them for trial.
• Provides legal advice to management, executive staff, judges, sub-entities, commissions, Page 3 and/or oversight bodies.
• Reviews complaints to identify ethical violations and legal issues and makes decisions regarding the disposition of applications, claims, files, and complaints.
• Reviews applications for program eligibility and provides guidance related to eligibility.
• Prepares cases for hearing or trial, including directing the gathering of evidence, preparing and filing required pleadings and motions, and preparing witnesses for testimony.
• Performs trials, including delivering opening and closing statements, conducting direct and cross-examinations, and preparing post-trial briefs.
• Writes complex legal analysis setting forth facts and legal conclusions.
• Serves as lead attorney on trials or appellate cases.
• Conducts informal and formal discovery to ensure that legal analyses and recommendations have sufficient evidentiary and legal bases.
• Performs independent review of the record of moral character and disciplinary proceedings on appeal from the Hearing Department of the State Bar Court.
• Evaluates administrative problems and procedures and recommends solutions or alternative methods of procedures.
• Communicates with members of the public regarding complaints, applications, rules and procedures, and State Bar processes.
• Presents matters before State Bar sub-entities, commissions or oversight bodies, including preparing, reviewing, or editing draft decisions and agenda items.
• Participates in developing and delivering training and professional development activities.
• Performs similar or related duties, which may not be specifically included within this job description, but which are consistent with the general level of the job and the responsibilities described.

Employment Standards

Knowledge of:

• Substantive law, rules, decisions, practices and procedures of the State Bar, California Supreme Court, State Bar Court, and California Legislature.
• Advanced investigation techniques, and/or case management and presentation of matters to administrative bodies.
• Scope and character of federal and California statutory law and provisions of the federal and California constitutions.
• Rules of evidence and conduct of proceedings in trial and appellate courts in California.
• Rules and procedures for public meetings.
• Advanced principles of effective work coordination and strong case/project management.
• Advanced principles of effective time management.
• Advanced principles of oral advocacy.
• Advanced legal research and preparation of reports, briefs opinions, and pleadings.
• Advanced principles of conflict resolution.
• Rules and regulations governing the practice of law in the State of California.

Ability to:

• Communicate effectively whether through oral or written communications.
• Receive and relay detailed information through verbal and written communications.
• Conduct legal research using computer technology and traditional library resources.
• Work under the pressure of short deadlines.
• Effectively address conflict.
• Review and analyze complex written documents.
• Obtain and present material in oral and/or written form.

Minimum Qualifications:

Education:

• Successful completion of a Juris Doctorate Degree from an accredited law school.

Experience:

• Minimum of five (5) years progressively responsible experience in litigation and/or legal advice demonstrating the knowledge and skills necessary for this position.

Demonstrated verifiable reputation for integrity and no history of disciplinary offenses as an attorney or in any other capacity.

Applicants who meet the Minimum Qualifications will be required to successfully complete the State Bar's selection process for this classification.

License, Certificate, and Registration Requirements:

• Must be an active member, in good standing, of the State Bar of California.

About the State Bar

The State Bar of California's mission is to protect the public and includes the primary functions of licensing, regulation, and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.

Our Values

Clarity | Investing in Our People | Excellence | Respect | Growth Mindset

Learn more about our values.

DEI Statement

We are a diverse, equitable, and inclusive workplace where all of our employees and prospective employees experience fairness, dignity, and respect.

Learn more about our commitment to DEI.

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• The State Bar of California

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