Appellate Litigation Attorney

Appellate Litigation Attorney U.S. Department of Veterans Affairs-Office of General Counsel Washington, District of Columbia, United States (Hybrid) GS -11/13 DOE Salary $82,764-$153,354 per year DOE Hybrid work schedule (must be commutable in/to DMV area) QUALIFICATIONS: BAR MEMBERSHIP: Currently an active member in good standing of the bar of a state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico and must maintain that status throughout the course of employment. CITIZENSHIP: Be a citizen of the United States. EDUCATION: Successful completion of a full course of study (JD) in a school of law accredited by the American Bar Association (ABA). Preferred Experience: Appeals, Strong writing skills, Ability to handle high case loads, previous law clerk experience, appellate litigation, appeals, oral advocacy, journal, law review, writing fellow, JAG, Veterans law, and/or previous Moot court participation. Summary: The mission of the Office of General Counsel (OGC) is to identify and meet the legal needs of the Department of Veterans Affairs (VA). Its primary objective is to ensure the just and faithful execution of the laws, regulations and policies that the Secretary has responsibility for administering, and by so doing enable the Department to accomplish its mission of service to our Nation's veterans. The General Counsel of the Department of Veterans Affairs issues written legal opinions having precedential effect in adjudications and appeals involving veterans' benefits under laws administered by VA. The General Counsel's interpretations on legal matters, contained in such opinions, are conclusive as to all VA officials and employees not only in the matter at issue but also in future adjudications and appeals, in the absence of a change in controlling statute or regulation, Court decision, or a superseding written legal opinion of the General Counsel. VA provides these opinions in order to give the public notice of those interpretations of the General Counsel that must be followed in future benefit matters and to assist veterans' benefit claimants and their representatives in the prosecution of benefit claim. About the United States Court of Appeals for Veterans Claims (CAVC) In enacting the Veterans' Judicial Review Act (Pub. L. No. 100-687) on November 18, 1988, Congress created a special federal court of appeals under Article I of the U.S. Constitution for veterans and their families. Originally named the United States Court of Veterans Appeals (COVA), its name was later changed by the Veterans' Programs Enhancement Act of 1998 (Pub. L. No. 105-368). The CAVC sits in Washington, D.C. Its judges are appointed by the President, and confirmed by the Senate, for 15-year terms. The law that created the CAVC can be found in chapter 72 of title 38, United States Code. The CAVC is an independent federal court. It is not part of the Department of Veterans Affairs. Nearly 8,500 new appeals were filed with the Court last year. In cases coming before the CAVC, the person seeking benefits from the Secretary of Veterans Affairs is called the appellant. The Secretary of Veterans Affairs is called the appellee in these cases, and is represented before the CAVC by attorneys in the Veterans Court Litigation Group of VA’s Office of the General Counsel. The CAVC reviews final decisions of the Board of Veterans’ Appeals (BVA). Only the person seeking VA benefits may appeal. Most cases appealed to the CAVC deal with entitlement to disability or survivor benefits, or the amount of compensation for those benefits, but some deal with education assistance, medical care, life insurance, home loan foreclosure, or waiver of indebtedness. Because the CAVC is a court of appeals, it does not conduct trials or take new evidence. It bases its review on the same evidence that was before the BVA when the BVA rendered the decision being appealed. In the majority of cases decided by the CAVC, the appellant has retained an attorney or a non-attorney practitioner who is versed in veterans law. Many attorney and non-attorney practitioners provide their legal services free of charge. There is a Veterans Consortium Pro Bono Program that recruits and trains volunteer attorneys to assist appellants who are unable to find representation. About the Court of Appeals for Veterans Claims Litigation Group The Court of Appeals for Veterans Claims Litigation Group of VA’s Office of General Counsel represents the Secretary of Veterans Affairs in all cases brought before the CAVC. It is the largest professional staff group in the Office of the General Counsel. With nearly 150 people and growing, the group includes approximately 95 appellate attorneys, 20 supervisors, and a support staff of paralegals, legal assistants, and clerks. Our practice consists largely of legal research and writing, including: Appellate briefs, procedural motions, legal memoranda, responses to petitions for extraordinary relief and requests for class action, and responses to applications for attorney fees and expenses filed under the Equal Access to Justice Act, 28 U.S.C. § 2412, Briefing conferences, facilitated by the CAVC’s Central Legal Staff, are held in most cases. There is frequent interaction with opposing counsel, from record development to the negotiation of fees. Oral argument is also an important part of each appellate attorney’s practice. Hundreds cases have been argued before the Court in the CAVC’s courtroom in Washington, D.C., and others have been showcased in arguments conducted at law schools throughout the country. Unlike other agencies, our attorneys are lead counsel and argue the cases in Federal court. Each appellate attorney maintains a full caseload for which he or she is fully accountable to the CAVC and to the Secretary of Veterans Affairs. Law student interns work closely with the appellate attorneys in all aspects of their cases. Legal assistants and clerks perform vital support functions, including preparation of the record of evidence for use in the litigation, operation of the group’s docket room, and numerous case-tracking tasks. Desired Skills & Experience Appeals, Strong writing skills, Ability to handle high case loads, previous law clerk experience, appellate litigation, appeals, oral advocacy, journal, law review, writing fellow, JAG, Veterans law, and/or previous Moot court participation. Why work at VA OGC? Telework (hybrid) work schedule (i.e., 3-4 days in office per week) Compressed work schedule (After probationary period) Start as GS 11-13 based on experience level; Journeyman grade GS-14 Opportunities for advancement towards GS-15 and SES positions Leadership development programs offered annually OGC offers CLE (Continuing Legal Education) qualified programs Opportunities to perform pro bono work No requirement to purchase professional liability insurance