Attorney 4 General Law Unit

47/50594569/ATT4/01.17.25-TM
Section 47 Legal - General Law Unit
Attorney 4

About this Position:
This position requires a license to practice for a minimum of 3 years. This position serves as an Attorney 4 to the State and the DOTD's legal specialist in the recovery from third parties liable to the Department for all matters related to insurance laws and insurance regulations, including but not limited to property insurance and commercial general liability (CGL). As a senior attorney in the Office of General Counsel, this position is highly responsible and serves the State and the Louisiana Department of Transportation and Development throughout its various offices and facilities as legal counsel. Incumbent provides legal support to DOTD's Office of Management and Finance. Further, the Third-Party Liability Recovery and Collections Section performs legal collection work for DOTD.

While in official capacity, DOTD employees must comply with all applicable Louisiana and Civil Service laws, rules, and regulations, as well as DOTD policies, procedures, manuals, and directives.
 
This position may be filled as either a probational appointment (open to all qualified applicants); a promotion (open to all statewide classified and Agency-wide permanent status employees); or by detail to special duty.

**Special Entrance Rate (SER)**
Attorney 4 - $2,740.80/biweekly

** Progressive Premium Pay for hours actually worked**
0 months to less than 2 years - $1.00/hour
2 years to less than 4 years - $1.50/hour
4 years or greater - $2.00/hour

Please visit our DOTD Career Center for more information about our agency:
http://wwwsp.dotd.la.gov/Inside_LaDOTD/Divisions/Mgmt_Finance/HR/Pages/Career_Center.aspx

No Civil Service test score is required in order to be considered for this vacancy.

To apply for this vacancy, click on the "Apply" link above and complete an electronic application, which can be used for this vacancy as well as future job opportunities.
  
Applicants are responsible for checking the status of their application to determine where they are in the recruitment process. Further status message information is located under the Information section of the Current Job Opportunities page. Applicants can check the status of their application at any time by selecting the ‘Application Status’ link after logging into their account.

*Resumes WILL NOT be accepted in lieu of completed education and experience sections on your application. Applications may be rejected if incomplete.*
 
For further information about this vacancy contact:
Melissa Willard
Administrative Program Specialist – Legal
225-242-4667
melissa.willard@la.gov

The Louisiana Department of Transportation and Development (DOTD) is an equal employment opportunity employer and serves as a model employer for individuals with disabilities. DOTD does not discriminate in employment on the basis of race, color, religion, sex, national origin, political affiliation, disability, age, or pregnancy, and prohibits harassment of any type.
 
Information on the Louisiana Workforce Commission, Louisiana Rehabilitation Services is available: https://www.laworks.net/workforcedev/lrs/lrs_rehabilitation.asp

MINIMUM QUALIFICATIONS:
Possession of a current Louisiana license to practice law plus three years of experience as a practicing attorney.

Function of Work:
To serve as a senior attorney in a legal unit and serve as a specialist of the most complex law areas.

Level of Work:
Program Manager.

Supervision Received:
Broad review from an Attorney--Deputy General Counsel 1 or equivalent/higher ranking attorney, administrative law judge, or other agency administrator/executive. Note: Attorney 4's should not report to an Attorney Supervisor.

Supervision Exercised:
May supervise a lower ranking attorney or administrative law judge.

Location of Work:
May be used by all agencies.

Job Distinctions:
Differs from other Attorney jobs by the level of independence exercised, supervision received, supervision exercised, and the complexity of the specialized programmatic areas or hearings conducted.  The Attorney 4 is intended to be a specialist level. Not all staff level positions will be allocated to the Attorney 4 job.

Differs from Deputy General Counsel 1 by subordinate relationship.

Incumbent must be capable of making independent decisions and working with minimum supervision; Incumbent is responsible for independently managing caseload of TPL and collection/recovery cases with minimal supervision. This position is responsible for providing highly skilled representation to the department; job duties are complex and mandate strict adherence to confidentiality laws. The incumbent must be capable of making difficult decisions in the course of effectively representing the Department on complex issues of state and federal laws. Incumbent must perform all job duties in accordance with established principles of the legal profession and the legal and operational policies of the agency. Incumbent must exercise the highest level of professional conduct and must exercise extremely good judgment in dealing with complex and sensitive matters. Job duties require an expertise in the agency's programs, policy and regulations, and state and federal laws governing the operations of programs administered by the Department. The incumbent reports directly to the Deputy General Counsel I and provides legal counsel and support to the Secretary, Executive Staff, and Legal Section in matters related to property insurance and commercial general liability practices such as Collection, Negotiation, Litigation, and Procedure.

Incumbent is required to possess a license to practice law in Louisiana and have a minimum of four years as a practicing attorney. Incumbent is required to be admitted to all state courts in Louisiana, and be eligible to be admitted to practice in all federal courts within Louisiana. The incumbent should also have a notarial commission to provide notary services to the agency. The job duties require statewide, as well as occasional nationwide, travel on behalf of the agency, for activities such as hearings, trials, seminars, meetings, and depositions of experts and witnesses.

As a senior attorney in the TPL Recovery and Collection Sections, incumbent acts for the Attorney Supervisor of the TPL Recovery and Collections Section, when said supervisor is not available. This position may serve as a functional supervisor to the Paralegal 1-2 specifically tasked with assisting the damage claims recovery process.

60% Third Party Liability and Recovery and Litigation Duties: With minimum supervision as to case activities, incumbent independently conducts collection activities in conjunction with Third Party Liability Unit when a third party is believed to be liable for damages sustained to DOTD property as a result of an accident. This attorney specializes in property insurance and commercial general liability claims. Incumbent will handle all Damage Claims, which cannot be resolved by settlement and functionally supervise staff in the recovery of costs incurred in repairing damaged property and facilities of the Department, which includes responsibility for timely processing about 1,000 claims for reimbursement annually. This work requires a thorough knowledge of private and governmental tort law, as well as state and federal collection and bankruptcy practice. It also requires the highly specialized knowledge in the field of admiralty law and procedure, since the damaged structures are often maritime in nature. Such activities include all activities necessary to effect maximum collections, including negotiating settlements, drafting and filing pleading, gathering evidence, interviewing and preparing witnesses, arguing motions and exceptions, preparing and participating in. The incumbent provides advanced and specialized legal assistance regarding litigation, including advising on litigation tactics and strategy, and is knowledgeable and skilled in the application of the Louisiana Civil Code, Code of Civil Procedure, and Revised Statutes, pertaining to this area of law. This is specialized segment of the field of law and the cases handled constantly involve highly technical points of law, complex legal and factual situations, large sums of public funds, and complex legal precedents of far-reaching consequences, which are important to the functioning of a governmental body.

Collection related duties also include the filling of interventions in state and federal courts, responding to concursus proceedings regarding distribution of funds deposited into the registry of the court, mediation, negotiation, and drafting of settlement documents. Incumbent may consult with the Attorney Supervisor as necessary. The incumbent will assist the Attorney Supervisor with insuring that attorneys hired within the General Law Unit as an Attorney 3 are imparted and instilled with the requisite knowledge regarding property insurance and commercial general liability law and are fully trained for litigation. Work is independently carried on under minimal supervision.

Incumbent will serve as the lead attorney for all of the litigation pertaining to insurance laws and insurance regulations. These cases involve insurance laws and insurance regulations in tort and breach of contract. Prepares petitions, answers, exceptions, motions, briefs, and other legal documents. Determines appropriate action to be taken in connection with the procedures, motions, and evidentiary objects in anticipation of and during trial. The incumbent communicates with representatives of insurance companies of impacted insureds to obtain additional information and/or discuss the amount of the claim determinations made for specific damaged property. The incumbent communicates the results of the damages evaluations to DOTD Assistant Secretary of the Office of Operations and the District Administrators and personnel, and maintains records of the damage claim determinations performed, including all relevant supporting documentation. The incumbent provides additional support to DOTD Assistant Secretary of the Office of Operations by coordinating the negotiation and execution of Settlement Agreements with insurance companies and insureds owing money for the repair of the damaged DOTD property. This work requires advanced knowledge of Louisiana's statutory laws, in addition to jurisprudential law, and its application on a case-by-case basis is critical to recover the maximum amount of money to repair the damaged property of the citizens of the state of Louisiana and DOTD.

The Litigation Management Team is vastly experienced and combines legal, funding and administrative expertise to make sure that every aspect is covered as part of the OGC litigation management process. LMT strives to implement the most effective, cost-efficient litigation management strategies to resolve cases appropriately. Incumbent along with other Attorney 4s will serve on the team to analyze and strategize those highly technical and complex matters primed for litigation.

Performs other duties and assignments as assigned by the Executive Counsel, General Counsel, and Deputy General Counsel(s). Works on such other miscellaneous cases, projects or activities, not necessarily related to the above described subject areas, as may be assigned to the incumbent by the Executive Counsel or General Counsel. As a senior attorney within the GLU, incumbent acts for the Attorney Supervisor of the GLU, when said supervisor is not available.

Incumbent researches and participates in the drafting of legislation, policy, rules, and regulations regarding collections under the agency's operations. Reviews legislative proposals and makes recommendations, evaluating legal implications in terms of potential impact on agency programs, policies, procedures, regulations and methods and extent of operations. Gives advice and counsel to ensure compliance with legislation relating to the Department.

Incumbent must diligently track and calendar all prescription, legal, and judicial deadlines for all DOTD property insurance and commercial general liability claims from the opening of the file to the closing memorandum prepared at the conclusion of the case. Incumbent shall participate in negotiations, mediation, conduct formal and informal discovery, including oral and written statements, depositions, interrogatories, and document production and admission requests. This position also issues subpoenas, and argues motions and exceptions in administrative hearings as well as in State and Federal Court. Incumbent is responsible for bench and jury trials, and cases on the appellate level, as may be required. This position provides reports and recommendations to the executive staff as required.

10% Complex Cooperative Endeavor Agreements: Incumbent shall provide expert-level research and drafting of complex Cooperative Endeavor Agreements (CEAs) and other specialized contracts between the Department and private and public parties, as assigned by the Genera] Counsel or Deputy General Counsels, with a minimum level of supervision. As part of this responsibility, the incumbent ensures that all provisions of assigned CEAs or contracts comply with all applicable laws and protect the interests of the Department to the extent practicable. Works with applicable Department Executives, District Administrators, Section Heads, and Project and Program Managers in order to accomplish these responsibilities.

10% In-House Counsel Training: Incumbent shall map out annual training plans for the legal section attorneys. Design and develop training programs (outsource and/or in-house). Organize meetings with management before preparing course materials to ensure a detailed understanding of training subjects and processes. Continually research methods and techniques in workplace training and remain up-to-date on procedural developments. Collect information from senior management and other departments regarding how well employees retain information and use the concepts learned in training courses. Administer tests after the completion of training courses to determine the effectiveness of training strategies. Create printed and instructional materials to be distributed during training. Actively seek current training methods and best practices to facilitate training employees. Conduct regular meetings with senior management to identify subjects to be addressed or areas in need of additional instruction. Develop, coordinate, and train maintenance team for the maintenance academy conference on tort liability and depositions.