The incumbent serves as an Attorney Advisor (eDiscovery and Litigation Support) providing legal and technical advice, opinions, and guidance on eDiscovery in the contexts of litigation, the Freedom of Information Act (FOIA), internal and external investigations, and Congressional oversight inquiries as it relates to the Department's legal obligations and compliance functions.
Duties- Provide legal advice and counsel to agencies of the USDA.
- Serve as liaison between agencies of the USDA and the Department of Justice in litigation concerning USDA programs.
- Represent agencies of the USDA in formal administrative adjudication.
- Conducts legal research and prepares written memoranda, guidance, reviews proposed litigation hold and search criteria for legal sufficiency, and provides document review support to Departmental litigation teams, etc.
- Draft and review legal documents, including briefs, contracts, legal opinions, and agency documents.
- Assists in developing policies, procedures, regulations, and guidance related to eDiscovery that is consistent with the intent of the law and are administratively sound and efficient in operation.
- Recommends Agency policy, procedures, and regulations related to eDiscovery and assists with the Agency’s litigation efforts in administrative matters and eDiscovery in federal court related to ESI, both as requesting and a producing party.
- Assists case teams with litigation preparation related to eDiscovery and other related issues and, as necessary, provides testimony related to eDiscovery issues.
- Develops or updates written guidance, standard operating procedures (SOPs), processes, templates and other materials to support and enhance USDA’s eDiscovery program.
- $117,962 - $181,216/year
- You must be a US Citizen or US National.
- Males born after 12/31/1959 must be Selective Service registered or exempt.
- Subject to satisfactory adjudication of background investigation and/or fingerprint check.
- Direct Deposit – Per Public Law 104-134 all Federal employees are required to have federal payments made by direct deposit to their financial institution.
- Successfully pass the E-Verify employment verification check. To learn more about E-Verify, including your rights and responsibilities, visit E-Verify at https://www.e-verify.gov/.
- Must submit Cover Letter, Resume, Proof of Bar Membership, Law School Transcripts, and Narrative.
- Review of the OF-306, Declaration for Federal Employment, and the Electronic Questionnaires for Investigations Processing (eQIP) entries have been reviewed and determined to be satisfactory.
- Requires a favorable credit check as part of the background investigation.
- Additional selections may be made from this announcement.
- Selectee must be able to obtain and maintain a security clearance.
- Obtain and use a Government issued charge card for business-related travel.
- May be subject to satisfactory completion of a two year probationary or trial period, unless previously served.
- Successful completion of a full course of study in a school of law accredited by the America Bar Association (ABA) and have a professional law degree (J.D. or equivalent degree) (Law School transcript required); AND
- Currently be a member in good standing of the bar of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.
Applicants should have demonstrated specialized experience in legal research, excellent writing and communication skills, and a strong academic record. This experience should be clearly documented in the cover letter and resume.
GS-13: One year of specialized experience, equivalent to the (GS-12) level in the Federal service or equivalent responsibility in the private sector/pay systems that has equipped you with the particular competencies to successfully perform as an Attorney Advisor. Examples of such experience include: Providing professional legal services to major components of an agency or organization; Knowledge of the principles and techniques of legal analysis and practice in order to (1) prepare pleadings, motions, briefs, litigation reports, and related documents (2) determine nature of legal issues involved; and (3) effectively represent agencies or organizations; Thorough knowledge of activities and program initiatives of agencies or organizations to provide timely and relevant legal advice regarding program operations to management officials and to expertly represent clients in negotiations and legal proceedings.
The duties listed below are described at the FPL GS-14, the GS-11, GS-12, and GS-13 are developmental leading to such performance.
- Mastery of statutes, regulations, and legal precedents related to major USDA program areas or relevant subject matter expertise to provide expert legal advice in regard to the assigned program area, develop or recommend litigation strategies and procedures, aid the Department of Justice in the trial of important or precedent-setting cases, and negotiate or participate in negotiating settlements on behalf of the Department
- Mastery of a large and complex body of law in which precedents are frequently conflicting or non-existent to make determinations and reach conclusions which guide the Department or the Agency in resolving subsequent, similar problems; provide legal advice to
heads of programs and Agencies on complex and difficult legal questions or factual issues; and write opinions and case assessment memoranda after conducting detailed factual and legal research - Mastery of the principles and techniques of legal analysis and practice in order to prepare pleadings, motions, briefs, litigation reports, and related documents in connection with suits by and against the Government and determine in each case the nature of action or defense, the legal issues involved, the most effective course of action, and optimal strategies and tactics to be employed.
- Comprehensive knowledge and understanding of missions and functions of the USDA and its agencies or relevant subject matter expertise, as appropriate in order to provide legal services in support of USDA programs and activities that are consistent with the strategic goals of USDA and the priorities of the Secretary of Agriculture.
- Mastery of the principles and techniques of written and oral communication to speak and write with clarity and tact to provide guidance on complex legal issues, secure acceptance of recommendations, prepare complex legal opinions, and effectively represent the Department in a variety of external interactions.
- Knowledge of the litigation discovery process, including the handling of ESI and the technology and systems employed in storing and producing ESI, particularly in connection with requirements imposed by the Federal Rules of Civil Procedure and other controlling legal authorities.
- Knowledge to advise the development of comprehensive Departmental systems, policies and procedures for organizing, archiving, preserving, and retrieving ESI.
- Knowledge in the area of litigation information technology and the law and principles concerning eDiscovery to assist less knowledgeable OGC and Departmental staff in performing eDiscovery duties.
- Experience working with litigators and information technology experts both on an enterprise-wide basis and in connection with specific legal matters to develop and implement plans for the storage, retrieval, production and gathering of ESI.
This is a bargaining unit designated position. This position is represented by AFGE, Local 1106.
If you are a male applicant born after December 31, 1959, certify that you have registered with the Selective Service System or are exempt from having to do so.
Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc) should contact: USDA's TARGET Center at 202-720-2600 (voice and TDD).
If you are selected for a position with further promotion potential, you will be placed under a career development plan and may be non-competitively promoted if you successfully complete the requirements and if recommended by management. However, promotion is neither implied nor guaranteed.
Relocation expenses are not authorized.
Career Transition Assistance Plan (CTAP), Reemployment Priority List (RPL), or Interagency Career Transition Assistance Plan (ICTAP): Visit the OPM website for information on how to apply as a CTAP, RPL, or ICTAP eligible. To exercise selection priority for this vacancy, CTAP/RPL/ICTAP candidates must meet the basic eligibility requirements and all selective factors. CTAP/ICTAP candidates must be rated and determined to be well qualified (or above) based on an evaluation of the competencies listed in the How You Will Be Evaluated section. When assessed through a score-based category rating method, CTAP/ICTAP applicants must receive a rating of at least 85 out of a possible 100.
CONFIDENTIAL FINANCIAL DISCLOSURE REPORT: If selected, you will be required to submit Form OGE-450 within 30 days of your initial appointment date and annually thereafter. Selectee is subject to financial Disclosure Requirements in accordance with 5 CFR, Part 2635, Sub part E regarding business or personal transactions with applicants, borrowers, or business contacts who have or who are seeking business with this Agency. Selectee must be able to obtain and maintain a security clearance. If selected, you will be subject to a National Agency Check and Inquiry (NACI) and a credit report.
You must submit a complete Application Package prior to 11:59 ET on the closing date of this announcement. The following documents are required for your applicant package to be complete. Our office cannot be responsible for incompatible software, your system failure, etc. Encrypted documents will not be accepted. Failure to submit required, legible documents may result in loss of consideration.
All applicants must submit:
- Resume that includes: 1) personal information such as name, address, contact information; 2) education; 3) detailed work experience related to this position as described in the major duties, including work schedule, hours worked per week, dates of employment; and title, series, grade (if applicable); 4) supervisor's phone number and whether or not the supervisor may be contacted for a reference check; 5) other qualifications. If you need assistance in creating a federal resume please click here.
- Your application may be disqualified if you include any of the information listed here: What should I leave out of my resume?
- Law School Transcript: An unofficial copy is sufficient with the application; however, it must include student name, school name, and enough information to validate qualifications such as course names, prefixes, grades, semester or quarter credit hours, date degree was awarded, etc.
- Bar Membership: Proof of Bar Membership
- Written Narrative: In order for your application to be considered, you must submit a written narrative not to exceed 1,200 words, showing you possess the knowledge, skills, abilities, and competencies listed in this announcement.
- DD-214 (Member 4 Copy): If claiming Veterans' Preference, you must submit a DD-214, Certificate of Release from Active Duty, which shows dates of service and discharge under honorable conditions. If currently on active duty, you must submit a certification of expected discharge or release from active duty service under honorable conditions not later than 120 days after the date the certification is submitted. Veterans' Preference must be verified prior to appointment. Without this documentation, you will not receive Veterans' Preference and your application will be evaluated based on the material(s) submitted.
- If claiming 10-point Veterans' Preference you must provide the DD-214 or certification requirements (see above bullet), plus the proof of entitlement of this preference as listed on the SF-15 Application for 10-point Veterans' Preference. The SF-15 should be included but is not required. Failure to submit these documents could result in the determination that there is insufficient documentation to support your claim for 10-point preference. For more information on Veterans' Preference, visit FEDSHIREVETS
- Surplus or displaced employees eligible for CTAP, RPL, or ICTAP priority must provide: proof of eligibility (RIF separation notice, notice of proposed removal for declining a transfer of function or directed reassignment to another commuting area, notice of disability annuity termination), SF-50 documenting separation (as applicable), and your most recent SF-50 noting position, grade level, and duty location with your application per 5 CFR 330.
- Worker's Compensation Separation: Agency certification of inability to place employee AND Notification of Separation OR Separation SF-50.
- Disability Annuity Termination: Notification from OPM of disability annuity termination AND Separation SF-50 of the last position held. Military Reserve or National Guard Technician Special Disability Retirement Annuity under 5 U.S.C. 8337(h) or 8456: Certification of special disability retirement annuity from a military department or National Guard Bureau AND Separation SF-50 of the last position held.
Your application package may be reviewed and screened at any time during the announcement period. If you decide to submit a revised application package during the announcement period, please notify the Agency contact person listed below.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
NOTE: Please verify that documents you are uploading from USAJOBs transfer into the Agency's staffing system as there is a limitation to the number of documents that can be transferred. However, once in the Agency's staffing system, you will have the opportunity to upload additional documents. Uploaded documents must be less than 5MB and in one of the following document formats: GIF, JPG, JPEG, PNG, RTF, PDF, TXT or Word (DOC or DOCX). Do not upload Adobe Portfolio documents because they are not viewable.
Please read the entire announcement and all instructions before you begin. You must complete this application process and submit all required documents electronically by 11:59p.m. Eastern Time (ET) on the closing date of this announcement.
Applying online is highly encouraged. We are available to assist you during business hours (normally 8:00a.m. - 4:00p.m., Monday - Friday). If applying online poses a hardship, contact the Agency Contact listed below well before the closing date for an alternate method. All hardship application packages must be complete and submitted no later than noon ET on the closing date of the announcement in order to be entered into the system prior to its closing.
This agency provides reasonable accommodation to applicants with disabilities on a case-by-case basis; contact the Agency Contact to request this.
To begin, click "Apply Online" and follow the instructions to complete the Assessment Questionnaire and attach your resume and all required documents.
Step 1: Create a USAJOBS account (if you do not already have one) at www.usajobs.gov. It is recommended that as part of your profile you set up automatic email notification to be informed when the status of your application changes. If you choose not to set up this automatic notification, then you will have to log into your USAJOBS account to check on the status of your application.
Step 2: In your USAJOBS account, you will have the opportunity to select your stored USAJOBS resume, create a new resume or upload a resume, and upload other relevant documents. All uploaded documents must be less than 3MB and in one of the following document formats: GIF, JPG, JPEG, PNG, RTF, PDF, or Word (DOC or DOCX). See "Required Documents" for details. Select the document you want to submit.
Step 3: Click "Apply Online," answer all required questions, verify the documents you selected from USAJOBS transferred into the Agency's staffing system, and attach any additional documents that may not have transferred or be required. If qualifying based on education, you must submit a legible copy of your college transcript(s), with your application package, showing your conferred degree (if any) and/or applicable coursework as proof that you qualify based on education. If you have not yet graduated, submit your current transcript.
NOTE: It is an applicant's responsibility to submit updated information. You can update your application or documents anytime while the announcement is open. Simply log into your USAJOBS account and click on "Application Status." Click on the position title, and then select "Update Application" to continue.
If you do not have access to the Internet, you are strongly encouraged to visit your library, state employment office, or another establishment that provides internet service to complete the online application and the assessment questionnaire. If this is not an option, refer to the Alternative Methods for Applying section below for specific instructions.
Alternative Methods for Applying: If you are unable to apply using the internet, please fax your request for an application package along with your name and mailing address to: HR (Branch 1) 1-833-840-9220.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Learn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.