ATTORNEY II

The Department of Social Services' Office of Legal Affairs provides legal guidance, litigation support, and direct representation in state and federal courts and administrative agencies to the Department of Social Services and all DSS program areas to ensure the delivery of social services consistent with federal, state and local laws and regulations.

The Support and Lien Recovery Litigation Unit (SLRLU) provides litigation services and legal counsel to the Department of Social Services (DSS), the Office of Child Support Services (OCSS) and the Investigation, Revenue and Enforcement Administration (IREA) in accord with Federal, State and City laws and regulations.

Slrlu

represents the agency in state court actions to establish paternity and support orders on behalf of DSS and assert liens and claims against Public Assistance and Medicaid recipients’ personal injury awards and estate assets.

Slrlu

defends the agency in state court actions filed against it for its administrative and lien recovery enforcement actions and regularly consults with the NYC Law Department as appropriate.

The Office of the General Counsel of Legal Affairs (OLA) is recruiting for one (1) Agency Attorney II to function as an Attorney II who will:

• Provide legal assistance to HRA and DHS program areas by researching legal questions or problems, interpreting the intent and legal ramifications of, agreements, laws, rules and regulations related to Medicaid Liens or Claims.
• Draft legal documents: pleadings, motions, agreements, contracts or statements to obtain court agreements, stipulations or judgments, including but not limited to objections, rebuttals, and affidavits in order to obtain successful outcomes for Agency litigation. Prepare legal memoranda and advisory opinions as requested.
• Represent the Commissioner in judicial proceedings, citywide motions before the courts, trials and/or hearings, petitions, appeals, etc. to pursue or avert further litigation.
• Negotiate on behalf of the Agency to obtain contracts, settlements or judgments. Conduct legal discovery to obtain evidence and research more sophisticated legal issues by reviewing statutes, case law, regulations and other legal material to formulate legal arguments and strategy in furtherance of the Agency' s position.
• Provide guidance to other attorney staff members and support staff, including staff training on policy, practices and new procedures. Review case files, recommending follow up action, and assuming full responsibility in absence of supervisor.
• Perform other related tasks.

Minimum Qualifications

• Admission to the New York State Bar; and either "2" or "3" below.
• One year of satisfactory United States legal experience subsequent to admission to any state bar; or
• Six months of satisfactory service as an Agency Attorney Interne (30086).

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

In addition to meeting the minimum Qualification Requirements: To be assigned to Assignment Level (AL) II, candidates must have one year of experience at Assignment Level I or two years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment. To be assigned to AL III candidates must have two years of experience in Assignment Levels I and/or II or three years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.

Preferred Skills

• Admission to Practice Law with the State of New York.
• Strong oral and written advocacy skills.
• Knowledge of proper courtroom etiquette, personal injury and Medicaid recovery law, estate law and civil procedure.
• Strong ability to articulate the law and advocate on behalf of the agency.
• Superior legal research and writing ability and time management discipline.
• Prior experience as a supervisor or mentor.
• 3 years of legal experience in civil litigation.

Residency Requirement

New York City Residency is not required for this position

Additional Information

The Human Resources Administration/Department of Social Services offers competitive salaries and the following benefits: Generous Pension Plans (The New York Employees' Retirement System); 401(k) and Roth 457 Retirement Savings Programs; U.S. Savings Bonds Flexible Spending Program; Health Benefits, Dental, Vision Coverage, Prescription Drug Program; Training and Professional Development; Opportunity for Scholarship; College Savings Program; Paid Holidays and Generous Annual Leave.