ATTORNEY II

ATTORNEY II

Position Summary: The Attorney II will function as Associate Counsel. This position is responsible for conducting legal research and preparing legal documents for use in regulating the insurance industry and in litigation, as well as providing legal assistance to the Arkansas Insurance Department. In addition, this Associate Counsel is responsible for insurance regulation in one or more of the following lines of authority: life and health, property and casualty, and any subsets of these lines of authority. Associate Counsel may also be responsible for regulating the insurance industry as it relates to market conduct (insurance companies) and agent misconduct (insurance producers). The Associate Counsel may further be responsible for regulating non-insurance-related products and entities, such as acting as counsel for the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; prepaid funeral benefit contracts and permits; professional employer organizations; service contracts; motor vehicle service contracts; pharmacy benefit managers; and multiple employer welfare arrangements. The Associate Counsel may also regularly provide legal advice not only to specific Divisions within the Department, but also to boards associated with those Divisions. Special Job Requirements: Occasional to frequent in-state travel is required to attend fact-finding meetings, advisory meetings, hearings, and administrative and judicial proceedings. Occasional out-of-state travel related to agency legal matters may also be required. This position requires on-site employment with no remote or hybrid options available. Required Certificate: Must be licensed as an Attorney in the State of Arkansas. Preferred Qualification: Three years' experience practicing law, and knowledge of the Arkansas Administrative Procedure Act and the Arkansas Freedom of Information Act strongly preferred.

Job Responsibilities and Expected Results: Associate Counsel is responsible for conducting legal research and preparing legal documents for use in litigation and administrative proceedings, as well as providing legal assistance to the agency. The Associate Counsel analyzes and interprets state and federal laws to determine any impact on Department programs. Associate Counsel further provides legal services and advice to management and divisions on a broad range of matters, and represents the agency in litigation, including administrative proceedings and judicial proceedings in state and federal courts. These responsibilities include drafting pleadings, briefs, and subpoenas, as well as responding to subpoenas. The Associate Counsel drafts legislation and other policy documents and promulgates new Department rules and amendments to existing rules. The Associate Counsel may also be responsible for handling FOIA requests. This position is governed by state laws and agency policy. Associate Counsel performs other duties as assigned.

Job Summary: The Attorney II is a mid-level legal professional within the state government, responsible for providing legal counsel, conducting legal research, drafting documents, and representing the agency in administrative and judicial proceedings. This position builds upon the foundational legal knowledge of Attorney I by requiring more independent decision-making, case management, and complex legal analysis.

Primary Responsibilities: Provide legal guidance to state agencies, boards, and commissions on matters of compliance, policy implementation, and statutory interpretation. Review and analyze proposed legislation, administrative rules, and agency policies for legal sufficiency. Interpret state and federal laws, court decisions, and regulatory changes that impact agency operations. Prepare and present cases in administrative hearings, state courts, and appellate proceedings. Assist in defending or prosecuting claims on behalf of the state. Develop legal arguments, draft pleadings, and participate in discovery processes. Represent the agency in settlement negotiations, mediation, and arbitration when applicable. Conduct in-depth legal research on statutory, regulatory, and constitutional issues. Draft legal memoranda, contracts, interagency agreements, and official opinions. Review and approve agency contracts, procurement agreements, and administrative decisions to ensure compliance with state laws. Advise agencies on ethics, administrative law, public records, and employment-related legal issues. Assist in developing and implementing regulatory policies to ensure compliance with state and federal laws. Monitor and evaluate court rulings, attorney general opinions, and legislative changes that affect agency procedures.

Knowledge and Skills: Strong understanding of Arkansas state laws, administrative regulations, and judicial procedures. Advanced legal research skills, with proficiency in using legal databases (Westlaw, LexisNexis, Fastcase). Ability to draft and review legal documents, contracts, and policy statements with precision. Experience with litigation, case management, and dispute resolution processes. Ability to assess complex legal matters and develop sound legal strategies. Strong written and verbal communication skills to convey legal concepts to various stakeholders. Capacity to provide strategic legal advice and anticipate legal risks. Ability to manage multiple legal matters and deadlines simultaneously. Ability to advocate for the agency's interests while working toward fair resolutions.

Minimum Qualifications: Must possess a Juris Doctorate from an accredited law school, plus two years of experience as an Attorney. Satisfaction of the minimum qualifications, including years of experience and service, does not entitle employees to automatic progression within the job series. Promotion to the next classification level is at the discretion of the department and the Office of Personnel Management, taking into consideration the employee's demonstrated skills, competencies, performance, workload responsibilities, and organizational needs. Licensure/Certifications: Must be licensed as an Attorney in the State of Arkansas. Other job-related education and/or experience may be substituted for all or part of these basic requirements, except for certification or licensure requirements, upon approval of the Qualifications Review Committee.