Trial Attorney (Bivens)

Constitutional Torts (Bivens) Staff, Trial Attorneys represent individual federal employees who are sued or otherwise face personal liability as a result of their on-the-job conduct. Constitutional Tort attorneys also represent the United States and its agencies in suits in which both the government and individual employees are named.

Duties

As an Constitutional Torts/Bivens Section Trial Attorney you would:

• Aids preparation for and conduct of hearings, settlement negotiations, and trials of cases. Prepares memoranda such as pleadings, motions, briefs, and other documents on the basis of factual and legal research.
• Reviews and analyzes facts and assists development of evidence during the preparation of cases.
• Receives instruction from the Assistant Director, Deputy Director, and Director as to the policy of the Department in related litigation. Applies the applicable legal principles to a given statement of facts; examines witnesses; consults with more senior attorneys in planning trial strategy for their cases.
• Works with opposing counsel in the formulation of settlements in consultation with more senior attorneys in the office.
• Discusses legal and policy questions related to statutes administered by the Section with more senior attorneys.
• Reports on the status of cases and matters related to legal issues within the assigned area of litigation with the Assistant Director, Deputy Director, and Director, as appropriate.
• Works to establish personal contacts; works closely with officials and employees of the Division on litigation and policy-related matters.
• May assist with responses to inquiries from the White House, Congress, federal departments and agencies, state and local authorities, and private individuals on matters within the scope of assigned statutory responsibilities.
• As requested, performs special legal and administrative projects requiring legal experience and sound judgment.

Salary

• $120,579 - $195,200/year

Conditions of Employment

• Must be a U.S. Citizen or National
• Must complete and pass a drug test.
• Selective Service Registration is required, as applicable
• May require completion of a 2-year trial period. (Please refer to the trial period statement under Qualifications.)
• Must be able to successfully complete a background investigation and may be required to obtain a clearance.
• It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.
• Financial Disclosure: If selected, you will be required to disclose financial information in accordance with DOJ and Federal ethics guidelines.
• May require completion of a fourteen month temporary appointment, subject to extension, pending the completion and adjudication of your background check.

Qualifications

Interested applicants must possess a J.D., or equivalent, degree, be duly licensed and authorized to practice as an attorney under the laws of any State, territory of the United States, or the District of Columbia, and be an active member of the bar in good standing.

Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level.

• To qualify at the GS-13 grade level, applicants must have minimum 1.5 years post-JD legal experience.
• To qualify at the GS-14 grade level, applicants must have minimum 2.5 years post-JD legal experience.
• To qualify at the GS-15 grade level, applicants must have minimum 4 years post-JD legal experience.

Preferred qualifications: Applicants should be outstanding writers, have strong interpersonal skills, exhibit good judgment, and have an interest in litigation. Experience with federal court motions practice is preferred. The ideal candidate would be interested in developing expertise in all and have experience in at least one of the following areas: dealing with individual clients; asserting personal defenses by way of a dispositive motion; handling discovery; or preparing cases for trial. Applicants should enjoy working independently and as part of a team, feel comfortable in varied federal courtroom settings, and enjoy occasional travel. Applicants must exhibit the ability to work in a supportive and professional manner with clients, staff, attorney supervisors, and Department officials.

Trial Period Statement
As a condition of employment for accepting this position in accordance with section 11.5 of Executive Order 14284, you will be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:

• your performance and conduct;
• the needs and interests of the agency;
• whether your continued employment would advance organizational goals of the agency or the Government; and
• whether your continued employment would advance the efficiency of the Federal service.

Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

Education All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov. OR Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www.ed.gov/about/initiatives/international-affairs/recognition-of-foreign-qualifications All documentation must be in English or include an English translation. Other Information Veteran Preference: If you are entitled to or claim veterans' preference (VP), you should indicate the type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at: http://www.opm.gov/policy-data-oversight/veterans-services/vet-guide/. There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veterans' Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). DOJ EEO Statement/Policy: http://www.justice.gov/jmd/eeos/08-eeo-policy.pdf Reasonable Accommodation Statement: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. Schedule A: DOJ welcomes and encourages applications from persons with disabilities and is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department. DOJ also encourages eligible Schedule A applicants to submit their resumes to resume@benderconsult.com, and reference "Federal Career Opportunities" in the subject line. Additional information is found at: www.benderconsult.com. Selective Service: If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law. Additional information is found at: www.sss.gov. Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement. Required Documents

You must submit the following documents:

• Cover Letter
• Resume showing relevant experience. (Must be 2 pages or less)
• Writing Sample (not more than 15 pages in length, and written in the past 3 years)
• DD-214 and/or veteran documentation, (if applicable).

How to Apply

To apply for this position, you must complete the online application questionnaire and submit your supporting documentation. Your complete application package must be submitted by 11:59 PM (EST) on 11/18/2025 to receive consideration.
1. Click "Apply Online" to get started.
2. If you're not logged in to your USAJOBS account, you will need to login. If you don't have an account, please create one.
3. You will be prompted to select one of your stored (or uploaded) resumes, and any supporting documents you have uploaded to USAJOBS. If you have not uploaded these documents, you can do so later before submitting your application.
4. After acknowledging you have reviewed your application package, you will be asked to submit your demographic information (if you have provided this in your profile). Submission is optional and anonymous.
5. You'll be asked to confirm your choices and certify the accuracy of your information before you're able to continue to the Application Manager system. Until you see the blue border and DOJ logo, you are still on USAJOBS. You'll see a folder animation just before you leave USAJOBS.
6. Once you reach DOJ's Application Manager system, you'll be asked to verify the information you transmitted from USAJOBS. You will then respond to the application assessment questionnaires and indicate your eligibility options.
7. After responding to the questionnaires, you will have the opportunity to attach the documents you brought over from USAJOBS *OR* upload documents directly from your computer or device.
8. If you opt to upload a document directly, click the "Upload" button and select the document on your device, then wait for the upload to finish. Repeat as needed. Documents must be less than 3 MB each and should be in a compatible file format.
9. Once all your documents are uploaded, you must assign the uploads to the appropriate document category. You may attach more than one document to each category. Click the drop-down menu for a document category, and select one of the available options in the menu. The document will be listed under this category. You can click the drop-down again to add other documents, as needed. You can have up to 15 document assignments.
10. Once you've uploaded and assigned all your documents to an appropriate document type, you can proceed to the final verification step, and click Submit.
11. If you have correctly submitted your application, you will receive an automated e-mail notification within 30-60 minutes. Be sure to review the announcement fully to make sure that your application contains everything that is required.

If you need help with the application process, please see the USAJOBS Help Site (for everything on the USAJOBS-side), or the Application Manager Help Site (for everything on the DOJ-side).

Regrettably, the Department of Justice cannot assist you with USAJOBS account issues. If you contact us for assistance and the problem is related to your USAJOBS account, we will have to direct you to USAJOBS to remedy the issue.