This position is a unique opportunity for a senior attorney to litigate, advise clients and serve on a commission. The litigation will involve interesting and technical topics such as the financial stability of insurers. The advising will involve guiding governmental officials on the scope of their authority and providing guidance on insurance coverage issues. The service on the commission will involve matters related to insurance coverage for State employees who are sued in their individual capacity. These duties will immerse the attorney in a critically important environment representing the N. C. Department of Insurance and the Boards and Commissions affiliated with the Department of Insurance.
Responsibilities
Participation in Litigation:
The primary purpose of this position is to represent NCDOI in complex litigation and independently render litigation assistance and advice to the Commissioner, to the various divisions of NCDOI, and boards and commissions for which NCDOI has responsibilities.
This attorney will assimilate the facts, research the law, and prepare pleadings, motions, discovery and other legal documents required for judicial and administrative proceedings. This attorney is responsible for court appearances at the trial and appellate level, for conducting and defending depositions, for negotiating settlements as appropriate and is in most instances required to operate with maximum independence.
This attorney can be expected to receive a significant number of the section’s most complex litigation cases.
Legal Advice and Counsel for NCDOI:
This attorney independently provides legal assistance and advice to the Commissioner, to the various divisions of NCDOI, and boards and commissions for which NCDOI has responsibility and to all the agencies represented by the section. Responsibilities lie in all areas over which NCDOI has regulatory authority.
Service on POELIC and Advising on Insurance Coverage Issues:
This attorney will serve as the Attorney General’s designee on the Public Officers and Employees Liability Insurance Commission (POELIC), N.C.G.S. §58-32-1, requiring the attorney to complete a Statement of Economic Interest with the State Ethics Commission. The attorney will attend meetings and to provide updates on cases implicating the State’s excess insurance coverage pursuant to N.C.G.S. §58-32-15.
To fulfill this responsibility the attorney will be responsible for independently mastering insurance coverage concepts, the general terms and conditions of professional liability policies and the specific terms and conditions necessary to best protect the State’s interest.
Criminal appeals:
This attorney handles criminal briefs on appeal by the defendant to the North Carolina Court of Appeals and the Supreme Court. Upon assignment of a case, the attorney reviews the trial transcript, researches applicable law and files the brief in accordance with the Rules of Appellate Procedure. If decisions made by the Court of Appeals are appealed, the attorney follows the matter through to final disposition by the Supreme Court. If a case is selected for oral argument by the Court of Appeals or the Supreme Court, the attorney represents the State at the oral argument.
Qualifications
Licensed to practice law by the North Carolina State Bar and four years of progressively responsible professional legal experience. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.
