Attorney 2 - Civil

Base Pay: $86,028.80 Annual

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SUMMARY: Performs routine civil legal services involving either litigation or non-litigation issues in the Nueces County Attorney’s office.

The employee is required to be on duty before, during, and after natural disasters and emergencies, as directed by the Department Head.

ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.

Perform legal research necessary for legal issues involving civil litigation or non-litigation issues affecting the county (Elected Officials Statutory Authority, election laws, public information, employment law, contracts, right-of-way land acquisition, eminent domain, etc.). Prepare written legal advisories as needed.

Screens and reviews cases, issues or contracts for legal and factual sufficiency and directs the gathering of additional information.

Conducts investigations and negotiations to determine best court or non-court action under the circumstances.

Prepares cases for trial or prepares legal questions or issues for other final legal disposition.

May litigate civil defense cases including but not limited to §1983 claims, Title VII claims, Texas Tort claims, Breach of Contract, or Injunctions.

May litigate Child Protective Services cases, Protective Order cases, or involuntary mental commitment cases, Bail Bond Forfeitures, including conference with various agency representatives, victims, family members, social workers, doctors, law enforcement and other witnesses.

May advise various county boards, including Board of Park Commissioners, Beach Management Advisory Committees, Bail Bond Board; Attend Board Meetings, Advice Regarding Open Meetings Act Researches and briefs areas of the law specifically related to the cases(s) or issue and to any potential appeal.

Takes depositions, drafts and responds to discovery documents and assures the issuance or creation of related legal documents including subpoenas, motions and other related documents.

May Handle Public Information Requests or County Department Heads and Officials, to include evaluating documentation of disclosure and preparing and submitting necessary papers to Attorney General.

May provide limited legal services to state officials, E.G. District Attorney, District Court Judges.

Confers with supervisor, clients, opposing attorneys, witnesses and other parties concerning discovery, preparation of legal documents and matters germane to case litigation or other appropriate disposition.

Responds to correspondence from clients and/or other persons making inquiry to or requesting information from the department.

Assists clerical and legal secretarial staff as needed.

May represent County Attorney in community gatherings/outreach.

May supervise clerical or secretarial staff on the processing of assigned cases(s), legal issues, or contracts.

May prepare training materials.

May assist in training other attorneys.

May compile statistical and case reports.

May monitor bond forfeiture docket and, where appropriate, litigate cases before the court, seeking default judgments, abstracts and execution on judgments.

Serves as a resource to other county departments on a variety of legal issues.

Presents cases before appropriate court and/or jury.

Drafts final orders, temporary orders, motions, or other court documents applicable to litigation of civil matters.

Performs such other duties as may be assigned.

SUPERVISORY RESPONSIBILITIES: Does not supervise other employees; but may assign and review work of Paralegals and Legal Secretaries.

QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Any employee who drives a vehicle on official business must have a driving record which meets standards set by the County and the County’s insurance carrier.

EDUCATION and/or EXPERIENCE: J.D. or L.L.B. degree from an accredited law school and at least 18 months of work experience as either: an attorney, preferably in civil law; or a paralegal in a civil law firm or a County Attorney’s office handling non-criminal matters.

Knowledge of the following areas is preferred: Child Protective Services procedures and law; Protective Order procedures and law; Condemnation, Probate and Property law and related litigation; personal injury defense; civil rights and employment litigation; State and Federal civil procedure and evidentiary rules, including knowledge specifically required for litigation; and State and Federal appellate practice and procedure.

LANGUAGE SKILLS: Ability to read, analyze, and interpret common legal documents.

REASONING ABILITY: Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret and deal with several abstract and concrete variables.

CERTIFICATES, LICENSES, REGISTRATIONS: A license from the Texas State Bar to practice law in the State of Texas is required. A license to practice in Federal District Court is desirable.

Texas Operator's Driver's License.

OTHER SKILLS AND ABILITIES: Thorough knowledge of judicial principles and of civil law and procedures including constitutional and statutory law.

Depending upon assignment, may require any combination of the following specific knowledge areas: Texas Family Code; and Texas Rules of Evidence and Civil Procedure, Federal Rules of Civil Procedure, Texas Tort Claims Act, Texas Property Tax Code and/or real estate, construction, general contracts and public law. Ability to analyze and appraise facts, procedures and legal precedents affecting complex court cases or legal issues in various areas of specialty.

Ability to present facts and precedents effectively in writing in moderately complex cases.

Good judgment and management abilities. Familiarity with general investigative techniques.

Ability to make persuasive presentations in court and before juries.

Ability to conduct complex legal research and to apply negotiating skills.

Ability to establish and maintain effective working relationships with other county employees and officials, court personnel, other attorneys and the general public.

PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly required to sit and talk or hear. The employee frequently is required to use hands to finger, handle, or feel objects, tools, or controls. The employee is occasionally required to stand; walk; reach with hands and arms; and stoop, kneel, crouch or crawl. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception and the ability to adjust focus.

WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Employee could possibly be exposed to a dangerous respondents or mentally unstable person capable of violence. The noise level in the work environment is usually moderate to loud.

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