Trial Attorney

Clarification from the agency

Applications will be accepted on a rolling basis with first consideration given to candidates that that apply by 10/23/2026.

Attorneys in the Office of the General Counsel (OGC) Litigation, Employee & Labor Relations Division "first chair" litigation before administrative agencies in a broad range of employment and labor matters including adverse actions, reductions in force, suitability, labor relations, and discrimination.

• Serving as lead counsel in important and sensitive litigation before the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), the Federal Labor Relations Authority (FLRA), the OPM Suitability Exchange Agent Program (SuitEA) Appeal Section, and similar tribunals.

• Preparing cases for litigation, including writing motions, briefs, and other papers, conducting discovery, and participating in administrative hearings.

• Making recommendations regarding settlement of litigation and appeal of adverse decisions, including the exercise of OPM's special statutory authority to obtain review of adverse MSPB decisions with a substantial impact on the civil service.

• Serving as agency counsel for the U.S. Department of Justice on personnel litigation matters in Federal courts. This includes gathering discovery, preparing administrative records, brief preparation or review, and other duties as assigned.

• Providing pre-litigation advice and counsel to agency management on performance, disciplinary, equal employment opportunity (EEO), labor relations, and other personnel matters, including the review of adverse actions and performance-based actions.

• Providing internal human resources policy advice to OPM management on employee relations, labor relations, EEO, performance management, suitability investigations, and other personnel matters
• Other duties as assigned

Conditions of employment

• Must be a U.S. Citizen or National
• Males born after 12-31-59 must be registered for Selective Service
• Suitable for Federal employment, determined by a background investigation
• May be required to successfully complete a probationary period.
• Candidates will not be hired based on their race, sex, color, religion, or national origin.
• This position is not eligible for inclusion in a bargaining unit

Qualifications

Basic Qualifications:

At the GS-12 level and above: Applicants with one or more years of post Juris Doctorate (J.D.) legal work experience as a practicing attorney, such as a judicial clerkship or in general law practice, must have:

• A J.D. from a law school accredited by the American Bar Association;
• Active membership, in good standing, of the Bar of a State, territory of the United States, or the District of Columbia; and
• At least one year of experience to qualify at the GS-12 level; at least two years of progressively responsible experience to qualify at the GS-13 level; at least three years of progressively responsible experience to qualify at the GS-14 level; and at least four years of progressively responsible experience to qualify at the GS-15 level.

At the GS-11 level: Applicants with less than one year of post J.D. legal work experience as a practicing attorney, such as a judicial clerkship or in general law practice, must have:

• A J.D. from a law school accredited by the American Bar Association;
• Active membership, in good standing, of the Bar of a State, territory of the United States, or the District of Columbia;
• Academic standing in the upper third of the attorney's law school graduating class (to the extent an applicant's law school has class rank); and
• Advanced educational attainment that indicates the ability to independently perform legal work, such as work or achievement of significance on a law school's official law reviews or journals; special high-level honors for academic excellence in law school (e.g., membership in the Order of the Coif or winning a moot court competition); full-time or continuous participation in a legal clinic program as opposed to one-time, intermittent, or casual participation; significant summer clerk experience; or other evidence of clearly superior accomplishment or achievement.

Preferred Qualifications:

• Experience "first chairing" MSPB, EEO, or Federal personnel litigation or similar litigation experience in the private sector or state administrative tribunals is a must;
• The ability to provide excellent customer service and to exercise sound judgment and decision making in challenging situations;
• Strong oral and written communication skills;
• High competence in legal research and analysis, including the ability to effectively integrate and synthesize facts and law to make legally sound decisions, including in compressed timeframes;
• The ability to work both independently and as a team member in a demanding environment;
• Willingness to consider diverse perspectives and ability to navigate changing circumstances;
• Ability to effectively manage multiple work assignments and competing priorities concurrently;
• Ability to develop and maintain collaborative working relationships, both within and outside OGC.

You must meet all qualification and eligibility requirements by the closing date of this announcement.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

You will be evaluated for this job based on how well you meet the quali?cations above.

To apply for this position, you must provide a complete Application Package which includes:

1. Your Resume (limited to 2 pages total, or 1 page front and back) that includes your bar number and issuing state.
2. Other supporting documents, as applicable:

• Transcript (only required if you are applying at the GS-11 level)
• Veterans' Preference documentation, if applicable (e.g. DD-214 Member Copy 4 showing type of discharge/character of service; Current Active Duty members must submit a certification of expected discharge or release from active duty under honorable conditions dated within 120 days; SF-15 Form and related documentation; VA letter.) There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, OPM considers veterans' preference eligibility as a positive factor in attorney hiring.
• Performance Appraisals: Current Federal employees must submit their last three performance appraisals or explain why three are not available (e.g. employed in the government for fewer than three years).
• Responses to four Merit Hiring essay questions described below (optional)

Merit Hiring Questions: Applicants may choose to submit responses to the four essay questions below. The use of artificial intelligence (AI) tools to generate or assist with these responses is not permitted. By submitting responses, you certify that the essays are your own work and were completed without the use of AI.

1. How has your commitment to the Constitution and the founding principles of the United States inspired you to pursue this role within the Federal government? Provide a concrete example from professional, academic, or personal experience.
2. In this role, how would you use your skills and experience to improve government efficiency and effectiveness? Provide specific examples where you improved processes, reduced costs, or improved outcomes.
3. How would you help advance the President's Executive Orders and policy priorities in this role? Identify one or two relevant Executive Orders or policy initiatives that are significant to you, and explain how you would help implement them if hired.
4. How has a strong work ethic contributed to your professional, academic or personal achievements? Provide one or two specific examples, and explain how those qualities would enable you to serve effectively in this position.

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