Description:

Division Overview:
The State's Attorney's Office in the Montana Department of Justice is dedicated to ensuring justice and upholding the rule of law on behalf of the people of Montana. The office includes the Solicitor General's Office, Criminal Prosecution and Appellate Services, Civil Services and Consumer Protection. The functions within the office include defense of Montana's laws as passed by Legislature and ballot initiatives passed by the voters, including cases that challenge the constitutionality of the State, prosecution of criminals, handling all phases of litigation from district court proceedings through appeal, and complex litigation of antitrust matters, including various economic markets (pharmaceutical, healthcare, agricultural and information technology industries). Legal counsel and advice to state agencies is provided on a contract, fee-for-service basis. Services typically include litigation, provision of hearings officer services, and may relate to any legal matter.

Job Overview:
This position is an Agency Legal Counsel (Lawyer 2) with the State's Attorney's Office. Agency Legal Services Bureau represents the State of Montana in civil matters before state and federal courts and provides legal counsel and advice to state agencies on a fee-for-services basis. The bureau has up to 12 attorneys and 5 support staff who work in a collaborative environment to serve the people of Montana.

This is a diverse practice that offers incredible opportunities to gain experience in many fields of law, litigation, and administrative law in various judicial forums, while offering a work-life balance in beautiful Helena, Montana. Attorneys in the bureau take on a broad variety of work from state agencies and boards, which opens the door to become experts in a variety of areas of law. Attorneys will have an opportunity to appear in all levels of state and federal court and serve as hearing examiners for administrative agencies pursuant to the Montana Administrative Procedures Act. Work may include tort defense, defending constitutional challenges to state statutes, transactional work, administrative law, environmental law, and employment issues, among a variety of other topics. These cases involve varying degrees of complexity and encompass any issue regulated or encountered by state agencies. Additionally, Agency Legal Counsel serve as in-house counsel for a variety of boards across the State, attending hearings and providing other legal advice as needed.

We are seeking an innovative and self-motivated candidate to provide quality legal services, and to promote an understanding of the role of the law while achieving and protecting goals of the bureau's various agency clients. The incumbent is responsible for independently handling all phases of civil litigation, including complex litigation, in district court and on appeal. This involves case review, legal research, drafting pleadings, engaging in discovery, motions practice, presenting evidence to a court or jury, and participating in settlement conferences and mediations. Examples of complex litigation include multiple party actions, class action lawsuits, and cases with significant potential liability exposure. The incumbent may oversee and direct the work of a team of attorneys and support staff on complex projects or oversee case development and trial presentation phases in cases involving junior attorneys. A key area of this opportunity is the career ladder, which provides a career path within the State's Attorney's Office. The Agency Legal Counsel is responsible for 120 monthly hourly billing requirements, and there is an incentive program for meeting the billing requirements. Billing credit is provided for sick leave, vacations, and holidays.

Candidates will be reviewed on a rolling basis.

Minimum Qualifications:
  • Juris Doctor Degree.
  • At least two years of specialized law and litigation experience.
  • Admission to and maintenance of licensure from the State Bar of Montana.
  • If licensed in another state, must be able to become licensed to practice law in Montana within six months of hire. Individuals with 5 years of practice in another state in good standing are eligible to be admitted on motion. Individuals who have passed the Uniform Bar Exam may be eligible to transfer. Bar Admission Rules
  • Other combinations of education and experience will be considered on a case-by-case basis.