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Years of Experience
Date Last Verified
General Attorney (FOIA and Information Law), GS 11 - 12 Duties : Perform a wide variety of analytical and operational tasks relating to FOIA and Information Law. Assignments will involve the handling of a range of complex tasks requiring comprehensive knowledge of firm's functions, procedures, methods, operations, and record systems. Understand the intricacies of the FOIA and Privacy Act ("PA") statutes and leading judicial decisions. Work on specialized OGC FOIA/PA and similar discovery-related projects that require technical expertise, detailed review, strong writing skills, and an understanding of priorities. Review and process FOIA requests in compliance with the FOIA, PA, and the Commission Rules of Practice 16 C.F.R. § 4.11. To do so, the incumbent conducts an initial search of the Commission’s electronic databases (including, but not limited to, DocSmart, Business Objects, Consumer Sentinel, IdTheft, MMS, Intra/Internet Landoc and Documentum) to determine if there may be responsive records and to identify the offices that are likely to have such records. This position also organizes the retrieval of documents that may be responsive to the requests. Analyzes the collected documents. Needs to recognize legal issues that may arise from the content of the documents and understand how to work within the Agency’s FOIA/PA processing policy depending upon changing situations. The incumbent, among other things, will need to: review the scope of the request and clarify the requester’s intent where necessary; research the category of request to identify practical applications of the FOIA/PA for asserting a statutory exemption; conduct extensive record searches; make recommendations on appropriate discretionary disclosures; draft outgoing FOIA Unit responses; coordinate with appropriate bureaus and offices; and ensure that the entire response complies with FOIA regulations and policies. Consults and coordinates with firm's bureaus, offices, and other agencies on non-routine procedural issues to ensure the FOIA unit consistently processes firm's records that may contain copies of records from other agencies. The incumbent must stay abreast of all policies and procedures effecting record retrieval practices to ensure that the records compiled adequately represent all potential responsive records. Provide suggestions regarding how to resolve issues successfully and how policy changes may affect daily activities. Makes recommendations for disclosing documents that are consistent with agency policy and applicable FOIA/PA exemptions. Additionally, take a leading role training and assisting paralegals and firm's staff in the application of all FOIA exemptions and agency policy when dealing with requests. Ensures reviewed files are complete and include the content and amount of records. May review other’s certifications and meet with appropriate staff to clarify the certification is in compliance with the FOIA. Reviews all records and makes recommendations for release based on sound legal principles. This requires the incumbent to understand and apply all FOIA exemptions and advise staff on the agency’s policy in claiming privileges and exemptions. Additionally, the incumbent may be required to notify outside submitters of records of the agency’s obligation to release all or portions of those records; and, when necessary, respond to submitters’ objections to the release of such records. Prepares legal memorandum detailing the actions taken to fulfill each FOIA request, the decisions made and substantiation thereof, and makes a final recommendation to the Associate General Counsel, lead FOIA attorney. Also prepares a final letter responding to the request to be reviewed and signed by the lead FOIA attorney. Responds to telephone inquiries from the public managing and directing routine matters involving the work of paralegals and other staff. This includes: (a) leading efforts to review and collect current case law and executive guidance regarding FOIA, electronic discovery, and information law issues; (b) preparing the annual FOIA report to Congress with some review by the lead FOIA attorney; (c) taking the lead to provide guidance and planning to maintain and update the FOIA Website; and (d) other FOIA related issues as required.
Qualification and Experience
Qualification : Must have obtained the first professional law degree (LL.B or J.D.) from an accredited law school and be an active member in good standing of the bar of a state, the District of Columbia, Puerto Rico, or a U.S. territory. If accepted for this position, will be required to submit this documentation before your start date.
For the GS-11 level: In addition to a law degree and active Bar membership, expected to fully understand the fundamentals of professional and legal ethics, and to have the basic skills required for legal analysis, writing, and oral advocacy appropriate at a minimum for the first full performance level of the occupation (the GS-9 level), including: (1) one year of professional legal experience or 12 months of time-in-grade at the GS-9 level; OR (2) the second professional law degree (LL.M.) that requires 12 months of graduate study; OR (3) evidence of superior law student work or activities as demonstrated by one of the following: (a) Academic standing in the upper third of the law school graduating class; OR (b) Work or achievement of significance on the student's law school's official law review; OR (c) Special high-level honors for academic excellence in law school, such as election to the Order of the Coif; OR (d) Winning of a moot court competition or membership on the moot court team that represents the law school in competition with other law schools; OR (e) Full-time or continuous participation in a legal aid program (one-time, intermittent, or casual participation is not qualifying); OR (f) At least two years of summer law clerk office experience; OR (g) Other equivalent evidence of clearly superior achievement.
For the GS-12 level: In addition to a law degree and active Bar membership, must have 12 months of legal experience after graduation from law school, and additional relevant experience or a graduate degree in a relevant area of study (e.g., experience or a degree in economics, publications examining aspects of intellectual property or other matter, pro bono work on behalf of under served communities).
Deadline : 04/20/2018.
Announcement number OGC-2018-0003. Apply online. No email.
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