Transportation Attorney 3 - Kanawha County

Nature of Work

*** THIS IS AN EXEMPT POSITION ***

The Attorney 3 for the West Virginia Department of Transportation, in this position, will perform more complex legal duties assigned by the Legal Division Director and Legal Division Manager for Litigation Section, including but not limited to work in the area of tort law and litigation: supervising the Claims Recovery Section of Litigation; represents the agency in trials and hearings on complex cases before various judicial forums including the West Virginia Legislative Claims Commission, Circuit Court and Supreme Court of Appeals; conducts interviews and depositions of witnesses; prepares legal documents such as pleadings, briefs, legal opinions, proposed findings of facts and conclusions of law, settlement agreements, contracts, and motions; performs legal research of case law, statutes, and rules; and performs similar or related work as required. Must be able to make determinations about case strategy and defense in matters assigned. Will work closely with state insurance carrier and assigned outside attorneys and provide support. Mentoring and training attorneys and administrative staff within practice section. Other duties as assigned. Must possess excellent written and oral communication skills and be able to work with and maintain confidential information. The successful applicant must be discreet and tactful in safeguarding sensitive information and be able to work with and maintain confidential information.

Typical Duties and Responsibilities

• Provide lead advisor support to Division staff of a specialized legal practice area including attorneys, and administrative support in determining case strategy, developing litigation tactics, research, investigations, and conducting litigation.
• Report to the Director and/or Attorney Manager.
• Rendering legal advice and opinions to their Director and/or Attorney Supervisor and to section’s clients

• Must use independent judgment in the interpretation and adaption of policies and guidelines
• Represents the agency in various administrative and judicial forums
• Performs complex legal work in connection specialized area of assignment such as contract law, employment law, real property law, collections and civil litigation matters
• Makes recommendations to Director and/or Attorney Manager regarding further appeal of contested cases
• Analyzes and makes recommendations to the Director and/or Attorney Supervisor regarding settlements and/or legal strategy
• Consults with agency staff on the interpretation of court opinions and statutes, the application of rules and regulations, and related matters where a serious legal issue is involved
• Collaborates with groups or individuals from outside the Department of Transportation in a moderately unstructured setting
• The work involves isolating and defining unknown conditions, resolving critical problems, or developing new theories
• Answering telephone inquiries, written inquiries including Freedom of Information Act requests and correspondence
• Performs related duties as assigned
• Travel may be required; therefore, a valid driver’s license is required.

Skills and Knowledge

• Knowledge of statutes, court opinions, and Attorney General opinions
• Knowledge of judicial and quasi-judicial procedures
• Ability to conduct complex civil and administrative litigation in trial and appellate courts.
• Ability to interpret and apply laws, constitutional provisions, statutes, administrative regulations, and court decisions
• Ability to establish and maintain effective working relationships with other agencies, other WVDOT divisions, the public, and the federal government
• Ability to communicate effectively and express conclusions and arguments clearly and logically both orally and in writing
• Significant education or training is required to carry out duties in this level
• Work is generally administrative or professional requiring knowledge pertinent relted education and experience
• Ability to supervise and direct the work of subordinate attorneys and other staff members in the conduct of legal affairs and establish and review results
• Ability to effectively coordinate staff functions in the provision of competent legal assistance to the Agency
• Ability to determine issues in various cases
• Ability to analyze complex legal issues and render formal opinions
• Ability to creatively develop case strategy and tactics and have excellent skills in problem solving
• Ability to demonstrate discretion
• Ability to mentor, develop, and train subordinate attorney and administrative staff

Minimum Requirements

REQUIRED TRAINING/EDUCATION

• Admission to practice law by the West Virginia State Bar.

REQUIRED EXPERIENCE

• Five (5) years of full-time or equivalent part-time paid experience in the practice of law.
• Substitution: One (1) year of full-time or equivalent part-time paid employment as an attorney with the agency to which assigned shall be considered the equivalent of two (2) years of experience.