The Office of Foreign Litigation (OFL) is responsible for handling litigation in foreign courts in which the United States is a party or has an interest. OFL cases, which can be affirmative or defensive, civil or criminal in nature, are litigated in the courts of first instance, appellate courts, and supreme courts of foreign countries.
Defensive cases handled by the office include employment, property, contract or tort litigation; criminal actions against U.S. officials acting within the scope of their duties; and other lawsuits challenging U.S. activities abroad. In addition to defensive matters, OFL conducts affirmative litigation, including civil litigation aimed at combatting fraud perpetrated against the United States, contract and other commercial claims, debt collection matters, and fighting cross-border fraud that targets American citizens, as well as affirmative criminal suits when the United States is a victim of a criminal act abroad.
OFL has litigated in the courts of over 100 countries. In addition to its Washington, D.C. office, OFL maintains field offices in London and Rome that are responsible for litigation in European countries and a field office in Panama that is responsible for litigation in Latin America. This announcement is limited to the Washington, D.C. office only.
Because OFL attorneys are not licensed to practice law in foreign jurisdictions, they do not appear in foreign courts. Instead, OFL handles litigation through the retention of foreign counsel who represent the interests of the United States in foreign proceedings. OFL attorneys closely supervise and instruct the foreign counsel with regard to litigation positions taken on behalf of the United States. The litigation handled by the office may involve issues of foreign law, as well as public and private international law, and covers the broad range of federal programs under which the United States operates abroad.
As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
OFL is seeking experienced attorneys to work in the Washington, D.C. office. The incumbent will not litigate in court, but will work closely with client agencies and foreign counsel to investigate and litigate civil and/or criminal cases abroad. The work with foreign counsel entails providing detailed instructions and advice relating to the handling of assigned cases. An important aspect of the position is to maintain close overall supervision of assigned cases and to develop appropriate litigation strategies that are consistent with the policies of the United States, the Department of Justice, the client agencies, the local law of the forum, doctrines of public international law, and the overall foreign policy and programmatic interests of the United States.
In addition, the incumbent will provide legal advice to other DOJ components, federal agencies, and U.S. embassies on a wide variety of issues involving current or potential foreign litigation, international law, and the impact of foreign and international law on programs or activities undertaken abroad. Because foreign litigation impacts the foreign policy of the United States as well as other U.S. government policies and activities, the incumbent will closely coordinate with other agencies, including the Department of State and U.S. embassies abroad, regarding pending or potential foreign litigation.
Applicants must be a graduate from a full course of study in a School of Law accredited by the American Bar Association and be a member in good standing of the bar of a state, territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), have at least two years of post J.D. experience to qualify at the GS-13 level; have at least three years of post J.D. experience to qualify at the GS-14 level; and four years of post J.D. experience to qualify at the GS-15 level. You must also be a U.S. citizen.
An exceptional academic background, experience in international law or foreign comparative law, and significant experience in investigating and managing complex litigation are desirable.
Applicants should have a strong interest in litigation, as well as excellent interpersonal and negotiation skills. Excellent writing skills and good judgment are critical. Foreign language skills are desirable.
The incumbent must be comfortable in communicating with people, some of whom may have limited oral or written English skills or come from foreign cultures, and must be willing to adjust work schedules, as required, to accommodate international time zones and imminent deadlines. The successful applicant must be able to work independently.
All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement.
Applicants must submit a cover letter, resume, writing sample (not more than 10 pages in length), and list of references by email to: ForLit.Vacancies@usdoj.gov
On the subject line, please put “OFL – Trial Attorney Application.” No telephone calls, please.
Applicants may also send their materials by commercial courier service (FedEx or UPS) to:
U.S. Department of Justice
Commercial Litigation Branch-Office of Foreign Litigation
1100 L. Street NW, Ste 8200
Washington, D.C. 20530
Attn: Ada Bosque, Assistant Director
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.