The Office of the Utah Attorney General, White Collar and Commercial Enforcement Division has an immediate opening for an attorney to represent divisions of the Department of Commerce. Three years of litigation experience required.
The successful applicant will represent the Department of Commerce in enforcing laws relating to professional licensing, real estate, securities, and consumer protection. This will include representation in administrative proceedings and in civil matters in state and federal court. The successful applicant will also work closely with regulators from other states and the federal government in coordinated enforcement efforts. The successful applicant will also provide legal advice to the Department.
Preference will be given to applicants with trial experience in federal, state, or administrative forums. Experience conducting e-discovery and using Everlaw or Relativity or similar discovery platforms is preferred. Applicants must possess excellent written and oral advocacy skills and have the experience and ability to immediately take over an existing caseload. Membership in the Utah State Bar in good standing is required.
The position is located in Salt Lake City. Infrequent travel is required as incumbents will need to engage in litigation and other legal proceedings throughout the State.
Example of Duties
- Independently prepare and litigate cases from inception through trial or administrative hearing.
- Assess and decide litigation strategy and execute on that strategy, including deciding the appropriate forum, whether and what motions to file, whether or when to settle, which legal arguments to make, and how to most effectively present a case to the trier of fact.
- Draft all pleadings including complaints, petitions, answers, etc.
- Draft all types of motions necessary for successful litigation of a case, including evidentiary motions, dispositive motions, discovery motions, and the like.
- Determine discovery needs for the case and complete necessary discovery.
- Depose witnesses; interview witnesses; prepare witnesses for trials and hearings; cross-examine witnesses.
- Present oral argument on motions and other matters before federal and state court judges and administrative law judges.
- Manage all aspects of electronic discovery including preservation, collection, processing, review, and production; use electronic discovery platforms such as Everlaw and Relativity
- Give competent legal advice to the client regarding interpretation and application of statutes and rules, strategy regarding investigations of new cases and litigation or settlement of existing cases, and other legal matters as they arise.
- May be required to travel to various court locations and stay overnight.
(includes knowledge, skills, and abilities required upon entry into position and trainable after entry into position)
- Independently litigate a case from start to finish
- Analyze which claims to assert
- Assess what evidence is necessary to prove those claims
- Conduct the discovery necessary to gather that evidence
- Prepare appropriate motions and handle oral argument
- Give competent advice to client regarding the case, including settlement options
- Try cases in federal, state, and administrative forums
- Excellent verbal and written communication skills
- Be proficient in legal research and analysis, and the interpretation and application of caselaw, statutes, rules, and regulations
- Be familiar with or quick to learn the procedures for civil litigation in federal and state courts, and administrative law procedures for the Utah Department of Commerce
- Be familiar with rules of evidence
- Familiarity with laws governing access to public and private records (Government Records Access and Management Act) is a plus
- Must deal with people in a manner which shows sensitivity, tact, and professionalism
- Ability to manage and conduct e-discovery and use electronic discovery platforms such as Everlaw and Relativity
- A Juris Doctorate is required.
- Risks found in the typical office setting, which is adequately lighted, heated and ventilated, e.g., safe use of office equipment, avoiding trips and falls, observing fire regulations, etc.
- Typically, the employee may sit comfortably to perform the work; however, there may be some walking; standing; bending; carrying light items; driving an automobile, etc. Special physical demands are not required to perform the work.
- A conditional offer of employment will be made pending a satisfactory completion of a background investigation.
- Must be able to travel as required.
- Valid driver license required to drive a motor vehicle on a highway in this state per UCA 53-3-202(1)(a).
- Active membership in the Utah State Bar.