Assistant Attorney General State Agency Counsel
The State Agency Counsel Division of the Attorney General’s Office seeks a dynamic attorney with five or more years of experience to represent the Utah Department of Human Services (DHS). This attorney will represent the Utah State Hospital in court, litigation and provide general counsel work.
General in-house counsel work will include assisting with administrative rules and policy, training, HIPAA compliance and contracts. Attorney will assist with representation of other divisions within the Department of Human Services. Litigation experience is required and a knowledge of mental health and human services preferred. This Attorney will office at the State Hospital or be co-located with the Department of Human Services.
Membership or the ability to become licensed immediately with the Utah State Bar is required. Applicants must be in good standing with any state bar in which they are licensed. Background checks are required.
- Prepares cases by conducting legal research and gathering evidence.
- Provides consultation, makes recommendations, gives appropriate advice, and/or facilitates decisions.
- Determine needs in discovery, and/or completes discovery; participates in decision making and strategy sessions in preparing cases for court and determining evidence to be used.
- Writes or drafts correspondence, reports, documents and/or other written materials.
- Receives, researches and responds to incoming questions or complaints; provides information, explains policy and procedures, and/or facilitates a resolution.
- Represents the state or the employing agency in lawsuits, grievances, and complaints.
- Drafts litigation working documents; prepares documents consisting of concise decisions based upon facts of case interpretations of law and compliance with state and federal standards.
- Conduct conferences with defendants and/or attorneys and negotiate settlements.
- Represents clients at formal or informal hearings.
- May be required to travel to various locations and stay overnight.
(includes knowledge, skills, and abilities required upon entry into position and trainable after entry into position)
- agency and/or organizational program(s)
- communicate information and ideas clearly, and concisely, in writing; read and understand information presented in writing
- read, interpret and apply laws, rules, regulations, policies and/or procedures
- speak clearly, concisely and effectively; listen to, and understand, information and ideas as presented verbally
- legal processes and procedures
- applicable laws, rules, regulations and/or policies and procedures
- civil and criminal justice laws
- understand and apply case and statutory law
- evaluate information against a set of standards
- use logic to analyze or identify underlying principles, reasons, or facts associated with information or data to draw conclusions
- laws, legal codes, precedents, government regulations, executive orders, the democratic political process, and legislative history
- perform legal research using case law and appropriate techniques
- laws governing access to public and private records (Government Records Access and Management Act)
- make a decision or solve a problem by using logic to identify key facts, explore alternatives, and propose quality solutions
- deal with people in a manner which shows sensitivity, tact, and professionalism
- provide consultation and/or expert advice or testimony
- rules of evidence
- interpret and apply legal decisions and identify current and emerging trends in interpretation
- Fair Labor Standards Act and related employment legislation
- principles, theories, and practices of judicial or administrative law
- A Juris Doctorate is required.
- Risks found in the typical office setting, which is adequately lighted, heated and ventilated, e.g., safe use of office equipment, avoiding trips and falls, observing fire regulations, etc.
- Typically, the employee may sit comfortably to perform the work; however, there may be some walking; standing; bending; carrying light items; driving an automobile, etc. Special physical demands are not required to perform the work.
- A conditional offer of employment will be made pending a satisfactory completion of a background investigation.
- Must be able to travel as required.
- Valid driver license required to drive a motor vehicle on a highway in this state per UCA 53-3-202(1)(a).
- Active membership in the Utah State Bar.