Trial Attorney

Job Title

Trial Attorney (Appellate Law) GS-0905-15

The United States Trustee Program (USTP or Program) is a litigating component of the Department of Justice whose mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders, including debtors, creditors, and the public. The Program operates nationwide through twenty-one (21) regions comprised of 82 field office locations and exercises broad administrative, regulatory, and enforcement authority in bankruptcy cases. Its responsibilities extend across chapter 7 and 13 consumer matters, chapter 12 family farmer cases, small business reorganizations, and complex chapter 11 corporate restructurings.

As the only participant in the bankruptcy process with a national footprint and independent oversight mandate, the USTP is uniquely positioned to identify and address multijurisdictional misconduct and other issues of national significance that threaten the integrity of the bankruptcy system. At the same time, the Program remains equipped to respond effectively to local matters involving fraud, abuse, or other practices undermining the fair and efficient administration of bankruptcy cases.

The Office of the General Counsel (OGC), within the Executive Office for United States Trustees (EOUST), oversees the Program's legal activities. OGC formulates and oversees the Program's national legal policies and litigation strategies before the bankruptcy courts and through the appellate process, implements the Program's legal priorities, resolves significant legal issues, and provides advice to staff on constitutional and administrative law issues.

Job Description

OGC is seeking an attorney experienced in complex civil appellate litigation or complex civil litigation to provide expert legal advice and litigate complex civil appeals before federal appellate courts across the nation. The incumbent will serve as a civil appellate expert and will use his or her expertise to help OGC litigate roughly 100 appellate matters annually. Periodically, the incumbent will brief constitutional issues before federal trial courts. The incumbent will also craft administrative decisions.

Duties and responsibilities will include, but are not limited to:

• Serving as a member of a cohesive and collegial team of experienced civil appellate attorneys based in OGC and reporting to the Associate General Counsel for Appellate Practice.
• Litigating complex and important civil bankruptcy appeals across the nation. Litigating constitutional matters before trial and appellate courts. The public's interest in these matters may be substantial. Writing appellate briefs, making oral arguments, and participating in moot courts in USTP appeals.
• Overseeing appeals that attorneys in USTP field offices litigate by acting as a resource, editing draft briefs, and providing guidance.
• Researching and drafting memoranda, which recommend whether to participate in appeals, including matters before the Supreme Court, based upon cases' importance, potential impact upon federal law, and other relevant considerations.
• Providing recommendations to other governmental components, including the Office of the Solicitor General (OSG), about significant or novel appeals that the USTP is not litigating directly.
• Acting as a resource, including editing draft briefs, providing guidance, and participating in moot courts in appeals being argued by other Departmental components, including OSG.
• Implementing legal strategies in complex civil appellate matters to advance the policies and goals of USTP and the Department.
• Devising solutions to complex and challenging legal questions involved in USTP civil litigation and presenting them to OGC supervisors and EOUST Senior Leadership.
• Leading, organizing, and preparing material for training and conferences. Developing guidance, programs and procedures to govern USTP activities.
• Presenting USTP and Departmental positions to agencies, private sector organizations, congressional staff, and Departmental components. Addressing and resolving sensitive problems and helping develop guidance.
• Drafting administrative decisions to be issued by Senior Leadership.
• Providing technical advice and assistance, which may include active participation in novel cases.
• Drafting EOUST comments and recommendations on proposed changes to the Federal Rules of Bankruptcy Procedure and the Federal Rules of Appellate Procedure. Preparing congressional testimony. Tracking proposed rulemaking. Recommending action plans, guidance, and procedures. Drafting responses to congressional inquiries.
• Performing other duties as assigned.