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Attorney II |
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Pay Grade:
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MC19
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FLSA Status:
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Exempt
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Monthly Salary Range:
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$5,791 - $7,391
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Annualized Salary Range:
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$69,492 - $88,692
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Authorized:
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11/1984
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Revised:
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8/2006
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Job Summary
This classification is primarily responsible for performing either litigation or transactional law as assigned by the Chief Legal Counsel. This is the journey, fully trained level within this series with incumbents expected to be fully competent to independently perform the full range of duties. Work mainly involves the gathering and interpretation of data, dealing with problems and unexpected situations, which includes making recommendations for alternative solutions.
Litigation Emphasis:
District litigation and defense, supervisory/administrative, and legal advisory.
Transaction Emphasis:
Drafting agreements for goods, services construction projects, and real property transactions; labor and personnel; supervisory/administrative; and legal advisory.
Supervision
Supervision Received
This class works under general direction, wherein the incumbent receives general instructions regarding the scope and approach to projects or assignments.
Supervision Exercised
This class may provide indirect supervision to lower level personnel.
Distinguishing Characteristics
N/A
Essential Functions
Litigation Emphasis
A. RT Defense
Duties may include:
Evaluate new litigation files and prepare appropriate pleadings. Direct written discovery and responses; take and defend depositions. Case management, which includes compliance with court case management requirements and monitoring case diary and deadlines. Case evaluation, which includes review of records and investigative materials and legal research. Communication with client, insurance carrier, opposing counsel, and others. Law and motion practice, which includes legal research, preparation of briefs, and oral argument. Arbitration and mediation practice, which includes preparation of briefs, witness preparation, attendance at hearing, and settlement negotiations. Develop litigation guidelines, procedures, and forms. Track and evaluate litigation statistics. Monitor legal developments affecting transit providers and public entities. Consult with other transit counsel regarding common litigation issues. Trial and appellate practice, which includes expert discovery, trial motions and research, witness preparation, attendance at trial, post-trial motions, appellate briefs, and oral argument. Other related duties as assigned.
B. Supervisory/Administrative
Duties may include:
n absence of attorney in higher classification, may direct and supervise staff’s work, act as Acting Chief Legal Counsel, and oversee file management and workloads of support staff.
C. Legal Advisory
Duties may include:
In absence of attorney in higher classification, may advise District staff, management, and Board regarding potential litigation ramifications of their practices and procedures, recommend changes in policy and procedure to prevent accidents, and educate staff regarding litigation issues. Other related duties as assigned.
D. Coordinate and Monitor Outside Legal Counsel
Duties may include:
Discuss legal issues and possible resolutions with outside counsel. Direct work and request opinions and services. Other related duties as assigned.
Transactional Emphasis
A. Research, Analysis, and Advice
Duties may include:
Conduct complex legal research. Interpret state and federal legislation, statutes, regulations, and case law. Write advisory memoranda for District staff and management regarding legal issues affecting staff action. Interpret existing District agreements and advise District management and staff of interpretation. Write formal memoranda of opinion of counsel. Analyze complex issues and make recommendations to management. Other related duties as assigned.
B. Drafting Agreements and Legal Documents
Duties may include
Draft agreements, provides legal advice and drafts contracts for commercial transactions, and other transactions including: contracts, resolutions, ordinances, settlement agreements, joint development, real property transactions, and prepare issue papers describing proposed District Board action. Other related duties as assigned.
C. Document Review/Due Diligence
Duties may include:
Analyze and comment on content of environmental documents for proposed projects, appraisals, environmental site assessments, title reports, and deeds. Coordinate with District staff performing due diligence activities. Analyze and provide comments on reviewed documents. Other related duties as assigned.
D. Coordinate and Monitor Outside Legal Counsel
Duties may include:
Discuss legal issues and possible resolutions with outside counsel. Direct work and request opinions and services. Other related duties as assigned.
E. Supervisory/Administrative
Duties may include:
In absence of attorney in higher classification, may direct and supervise staff’s work, act as Acting Chief Legal Counsel, and oversee file management and workloads of support staff. May attend Board meetings and provide assistance to other legal staff. Advise District staff, management, and Board regarding legal issues.
Job Demands
Physical and Mental Requirements:
Mobility: frequent use of keyboard; frequent sitting for long periods of time; occasional bending or squatting. Lifting: frequently up to 10 pounds; occasionally up to 25 pounds. Vision: constraint use of overall vision; frequent reading and close-up work; occasional color and depth version. Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. Hearing/Talking: frequent hearing and talking, in person and on the phone. Emotional/Psychological: frequent decision-making and concentration; frequent public and/or coworker contact; occasional working alone. Environmental: None noted
Knowledge and Abilities
Required Knowledge of:
Principles and practices of civil, constitutional, municipal, and administrative law.
Legal research.
Legal office procedures.
Legal goals and priorities.
State and federal regulations.
California Public Records Act
Public transit knowledge is highly desirable.
Litigation Emphasis
Principles and practices of tort law.
Lawsuit evaluation and settlement negotiations.
Litigation, arbitration, and case management procedures.
Rules of evidence pertaining to state and federal courts.
Litigation, arbitration, and case management procedures.
Transactional Emphasis
Principles and practices of contract and property law.
Required Ability to:
Interpret and analyze legal issues.
Provide information and documents as required by law while ensuring privacy rights are protected.
Apply legal authority to unique factual scenarios.
Provide legal advice.
Analyze complex facts, laws, and situations.
Balance priority assignments.
Conduct legal research.
Prepare legal document, contracts, and opinions.
Advise staff and management on legal issues.
Coordinate information among departments to obtain consensus on issues and agency policies and procedures.
Interpret contracts and governmental obligations.
Required Computer Skills:
Common word processing software
Common spreadsheet software
Common database applications
ERMS software concepts
Email, contact management, and scheduling software
Minimum Qualifications — Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Required Prior Experience
Two years of progressively responsible experience as a practicing attorney, preferably practicing public agency law and/or civil litigation or one year as an Attorney I with the District.
Required Education
A Juris Doctor degree and active membership in the California State Bar.