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Litigation Counsel/Senior Litigation Counsel

About the New Civil Liberties Alliance:

You may have heard that NCLA took down Chevron deference last year. Well, we are just getting started, and now is a great time to join us! NCLA pursues precedent-setting litigation to enforce constitutional limitations against the Administrative State. NCLA has devised and executed strategies for four significant Supreme Court cases, including Relentless v. Dept. of Commerce (companion case to Loper Bright) and Cochran v. SEC. Having accomplished one of our founding objectives—to overturn Chevron—NCLA has other equally ambitious goals left to pursue. NCLA seeks to immediately hire experienced trial counsel and top-notch constitutional thinkers who share its passion for restoring constitutional constraints on governmental entities.

Founded in 2017 by Columbia Law School professor Philip Hamburger, the New Civil Liberties Alliance is a nonpartisan, nonprofit law firm, which engages in public-interest litigation to defend and restore the liberty established by the U.S. Constitution. NCLA fights unlawful administrative power’s disregard of constitutional freedoms, such as jury-trial rights, due process of law, and free speech. If you are a lawyer who lives, eats, and breathes constitutional law but doesn’t mind getting into the administrative weeds where the Constitution is too often forgotten, but ever useful, then we want to hear from you!

Description of the role. NCLA is hiring for both Litigation Counsel and Senior Litigation Counsel positions.

Litigation Counsel must be deeply committed to NCLA’s mission and possess sufficient experience and wherewithal to run his/her cases. Litigation Counsel should be highly strategic about case and client selection as well as excel as a litigator.

Litigation Counsel will also be expected to participate in media presentations about their cases, identify viable litigation opportunities, participate in making decisions about which cases the organization will bring, and engage with NCLA’s network of supporters and allies. NCLA is seeking a Litigation Counsel who will advance a culture of excellence, entrepreneurial zeal, and strategic action. If being an influential member of a constitutional litigation shop and saving liberty from federal bureaucrats sounds like a challenge you’d enjoy, NCLA may be a good fit!

Senior Litigation Counsel must meet all the qualifications of Litigation Counsel and additionally possess greater experience and the leadership capability to independently initiate and oversee cases. They are expected to assist in overseeing the Litigation Department and to mentor junior counsel.

Requirements

JD with four or more years of active trial litigation experience, including complex case-management experience, preferably in federal court

Ability to exercise good judgment, working independently on complex matters but seeking supervision or advice when needed

Articulable passion for the NCLA’s mission

Excellent discovery, research, writing, and oral advocacy skills

First-rate analytical and critical thinking skills

Top-notch interpersonal skills with demonstrated capability to develop a strong rapport with clients, colleagues, partners, and the media

Excellent organizational and time-management skills

Ability to find clients who have standing to challenge administrative action

Plus factors: Experience pursuing constitutional liberty litigation in the non-profit setting; experience suing or defending federal agencies for administrative and constitutional law issues; experience handling cases that garner significant media attention; federal court or state supreme court clerkship; experience authoring legal articles and op-eds; member in good standing of the DC or VA bar; commitment to working in person at NCLA’s offices in Arlington’s Ballston neighborhood

Additional Requirements for Senior Litigation Counsel

Eight or more years of active trial litigation experience in complex cases, including first-chair trial experience, preferably in federal court

Experience litigating administrative law and constitutional law cases, including experience suing the federal government or defending against such cases as a government attorney

Demonstrated capacity for identifying strategic litigation opportunities, taking innovative approaches and succeeding

Strong leadership skills, good judgment, and problem-solving skills

Responsibilities

Running multiple leanly staffed litigation matters, plus second-chairing additional matters

Developing cases from scratch and managing them through to a successful resolution

Identifying high-impact opportunities to bring strategic litigation

Running trial-level and appellate cases

Appearing in court for conferences, hearings, trial, and appeals and associated travel

Advising clients and keeping them informed about developments in their cases

Assisting on colleagues’ cases/matters as needed

Acting as a spokesperson as appropriate on issues related to NCLA or its clients’ cases

Working with communications staff to craft public-relations strategy for each case that advances NCLA’s overall mission

Mentoring staff and exhibiting a commitment to personal growth; instilling professionalism and promoting culture of hard work, continual improvement, and fun

Drafting op-eds, blog posts, talking points, and other public advocacy pieces in support of NCLA’s mission and cases; accepting related speaking engagements

Supporting the development team’s efforts to describe cases and outcomes to donors and potential donors

Additional Responsibilities for Senior Litigation Counsel

Assisting in running the Litigation Department

Mentoring and developing Litigation Counsel

Ensuring quality control for all of NCLA’s litigation work product

Compensation for these positions is market-driven, competitive with other non-profit legal organizations, and based on a candidate’s level of experience. It will include health care, dental/vision, PTO, federal holidays, life and disability insurance, maternity/paternity leave, 401(k)-type plan with employer match component, VA/DC bar dues paid, and other benefits.

HOW TO APPLY

Qualified candidates should submit the following application materials in one PDF document:

A cover letter including:

1) An introductory paragraph(s) describing three distinct reasons you are drawn to NCLA’s mission and how you came to those beliefs. Be sure to include at least one specific issue, case, or policy area that resonates with you

2) Which position you are applying for and how your experience relates to the requirements and responsibilities of that role

3) Complete list of bar memberships (if not already on your résumé)

4) Salary requirements

Résumé

Two writing samples of publicly filed legal papers that accurately reflect your legal writing abilities in active litigation practice; one or more samples of either popular or academic writing that you think relevant to NCLA

References appreciated but not required at this stage

Applications should be submitted to Talent Market via this link: talentmarket.org/apply-for-your-dream-job/.

Questions can be directed to Stephanie Keaveney, Senior Manager of Outreach at Talent Market, who is managing the search process: Stephanie@talentmarket.org.

There is no application deadline for this position. Applications are accepted on a rolling basis. This job will remain posted until it is filled.

While we thank all applicants in advance for their interest in this position, Talent Market is only able to contact those to whom we can offer an interview. No phone calls, please.

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