Legal Careers
Trial Attorney (Bivens)
Constitutional Torts (Bivens) Staff, Trial Attorneys represent individual federal employees who are sued or otherwise face personal liability as a result of their on-the-job conduct. Constitutional Tort attorneys also represent the United States and its agencies in suits in which both the government and individual employees are named.
As an Constitutional Torts/Bivens Section Trial Attorney you would:
- Aids preparation for and conduct of hearings, settlement negotiations, and trials of cases. Prepares memoranda such as pleadings, motions, briefs, and other documents on the basis of factual and legal research.
- Reviews and analyzes facts and assists development of evidence during the preparation of cases.
- Receives instruction from the Assistant Director, Deputy Director, and Director as to the policy of the Department in related litigation. Applies the applicable legal principles to a given statement of facts; examines witnesses; consults with more senior attorneys in planning trial strategy for their cases.
- Works with opposing counsel in the formulation of settlements in consultation with more senior attorneys in the office.
- Discusses legal and policy questions related to statutes administered by the Section with more senior attorneys.
- Reports on the status of cases and matters related to legal issues within the assigned area of litigation with the Assistant Director, Deputy Director, and Director, as appropriate.
- Works to establish personal contacts; works closely with officials and employees of the Division on litigation and policy-related matters.
- May assist with responses to inquiries from the White House, Congress, federal departments and agencies, state and local authorities, and private individuals on matters within the scope of assigned statutory responsibilities.
- As requested, performs special legal and administrative projects requiring legal experience and sound judgment.
Interested applicants must possess a J.D., or equivalent, degree, be duly licensed and authorized to practice as an attorney under the laws of any State, territory of the United States, or the District of Columbia, and be an active member of the bar in good standing.
Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level.
- To qualify at the GS-13 grade level, applicants must have minimum 1.5 years post-JD legal experience.
- To qualify at the GS-14 grade level, applicants must have minimum 2.5 years post-JD legal experience.
- To qualify at the GS-15 grade level, applicants must have minimum 4 years post-JD legal experience.
Preferred qualifications: Applicants should be outstanding writers, have strong interpersonal skills, exhibit good judgment, and have an interest in litigation. Experience with federal court motions practice is preferred. The ideal candidate would be interested in developing expertise in all and have experience in at least one of the following areas: dealing with individual clients; asserting personal defenses by way of a dispositive motion; handling discovery; or preparing cases for trial. Applicants should enjoy working independently and as part of a team, feel comfortable in varied federal courtroom settings, and enjoy occasional travel. Applicants must exhibit the ability to work in a supportive and professional manner with clients, staff, attorney supervisors, and Department officials.
Trial Period Statement
As a condition of employment for accepting this position in accordance with section 11.5 of Executive Order 14284, you will be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:
- your performance and conduct;
- the needs and interests of the agency;
- whether your continued employment would advance organizational goals of the agency or the Government; and
- whether your continued employment would advance the efficiency of the Federal service.
Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
To apply to this position please use the link below:
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 conflicts of interest or disqualification issues that may need to be addressed under those circumstances.
$120,579.00 to $195,200.00 Per Year
Department Policies
The United States government does not discriminate in employment on the basis of race, color, religion, sex, pregnancy, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service or other non-merit factor. To learn more, please visit the U.S. Equal Employment Opportunity Commission.
This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements. Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority. Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.
Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.
It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis.
There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
Assistant United States Attorneys must reside in the district to which appointed or within 25 miles thereof. See 28 U.S.C. 545 for district specific information.
This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.