Senior Counsel

Summary

Join American Oversight, a nonpartisan nonprofit watchdog, as a Senior Counsel reporting to the Chief Counsel. You will play a key role in advancing the organization's mission by managing a diverse caseload of federal and state open records litigation. Responsibilities include litigating FOIA requests, overseeing local counsel, drafting legal documents, conducting discovery and oral arguments, mentoring junior attorneys, developing future cases, collaborating with research teams, negotiating with government officials, and maintaining expertise in open records laws. The ideal candidate possesses significant experience in civil litigation, strong legal research and writing skills, and a commitment to public interest advocacy. American Oversight offers a comprehensive benefits package including health insurance, a retirement plan, and remote work options.

Requirements

• Juris Doctor degree and admission to practice in at least one state (with eligibility to join District of Columbia bar)
• Minimum years of experience: External Candidates : 10+ years of relevant legal experience, including 2+ years leading civil litigation in federal and/or state court (including determining case strategy; writing briefs on contested procedural and/or substantive motions; examining witnesses in trial and/or depositions; and/or oral arguments on motions and/or appeals)
• Minimum years of experience: Internal Candidates or Former AO Employees : 7+ years of relevant legal experience, including 2+ years leading civil litigation in federal and/or state court (including determining case strategy; writing briefs on contested procedural and/or substantive motions; examining witnesses in trial and/or depositions; and/or oral arguments on motions and/or appeals) and 3+ years at AO
• Experience with civil and appellate practice and procedure
• A keen interest in American Oversight’s mission of government accountability and transparency; commitment to public interest advocacy
• Demonstrated commitment to public interest work
• Strong skills in the following areas: Litigation and Case Management : Demonstrated ability to handle fast-moving litigation caseload within healthy and regular hours, with effective management of varied litigation demands and minimal supervision, including the ability to ask for and accept help and to collaborate productively where needed, all while contributing to other organizational initiatives and projects
• Strong skills in the following areas: Legal Research : Demonstrated ability to efficiently identify relevant legal authorities, accurately distill and effectively convey relevant and complex legal principles, and appropriately analogize to and distinguish from relevant facts. High legal acumen and the knowledge of, or ability to learn very quickly, federal and state open records laws and related civil procedure
• Strong skills in the following areas: Negotiation : Effectively represent AO’s interests—e.g., in connection with pending records requests, coalition working groups, litigation settlement discussions—to achieve the organization’s goals while fostering our reputation for professionalism and integrity
• Strong skills in the following areas: Communication : Written : Superb legal writing skills with exceptional attention to detail, quickly producing high level legal analysis in a persuasive, concise and impactful manner. Demonstrated ability to produce high-quality, public-facing work with limited supervision; adapt language or style to target audiences; and convey information with clarity and accuracy that is free from grammatical or spelling errors
• Strong skills in the following areas: Communication : Oral : Confident; ability to synthesize persuasive and authoritative information efficiently and in a manner likely to further the goals of the communication; highly professional, courteous, and effective interpersonal communications, including with internal staff, opposing counsel, or government officials
• Strong skills in the following areas: Project Management: Drives, tracks, and proactively reports on the status of projects; understands and engages the necessary stakeholders, tools, resources, and information to produce desired results; is responsive and able to move nimbly among a variety of projects with varying timelines; is proactive and has independent organizational skills, sets realistic timelines for task achievement and makes steady progress towards each milestone; effectively manages high volume of correspondence with internal and external parties; manages expectations; is curious, asks questions early; anticipates and prepares next steps and outcomes
• Strong skills in the following areas: Judgment and Decision Making : Makes sound, well-reasoned decisions that support highly impactful outcomes in litigation, investigation, or communication targets. Escalates and addresses concerns or challenges appropriately and in a timely manner
• Strong skills in the following areas: Problem Solving & Critical Thinking : Identifies issues and surfaces creative solutions to achieve desired outcomes; scans the landscape and connects dots among many disparate data points and situations
• Strong skills in the following areas: Collaboration : Is an inclusive, enthusiastic, highly engaged team player; proactively seeks and provides thought partnership, assistance, and/or resources with/to colleagues; shows respect for all team members and others, including effective project and case management that fosters trust
• Self-starter who excels at identifying opportunities, taking ownership, and delivering results with minimal supervision
• Experience working in and/or desire to contribute to workplaces with a commitment to diversity, equity, and inclusion
• Excellent confidentiality, judgment, discretion, professionalism, integrity, diplomacy, and ethics
• Position is located in the United States; must be available to work East Coast business hours with occasional evening and weekend hours, as needed

Responsibilities

• Litigate Freedom of Information Act (FOIA) requests in federal court, state open records law requests in state court (pro hac vice), and other litigation matters as assigned, on behalf of American Oversight and other clients, with the highest standards of legal skills
• Serve as lead counsel across an active, diverse caseload of federal and state open records and other litigation in diverse courtrooms across the country, helping to propose cases, setting litigation strategy, and handling day-to-day case management
• Oversee, project manage, and partner with local counsel for open records, open meetings, or similar lawsuits in state courts
• Research, draft, and edit court pleadings, including complaints, motions, and briefs at the trial and appellate levels, including amicus briefs
• Conduct discovery where permitted, including written discovery and depositions, as well as participate in evidentiary hearings
• Conduct oral arguments in federal and state courts at the trial or appellate level
• Draft, as needed, non-legal advocacy materials, e.g., demand letters, administrative complaints, and other tools for demanding accountability
• Mentor and support more junior attorneys in their own litigation, including reviewing drafts, advising on legal or evidentiary issues, guiding or assisting them in filings and litigation practices, and helping them prepare for depositions or court appearances
• Proactively, creatively, and independently develop future cases selected from a collaboratively defined list of assigned litigation candidates. Propose ideas or candidates for future cases, including novel or creative litigation and non-litigation strategies for accountability and transparency. Develop litigation strategies to support AO’s mission and/or work with partners in assigned states
• Work with AO’s research team to research and develop investigation strategies and opportunities consistent with relevant federal and state open records laws. Review investigative plans and public records request drafts and advise on FOIA and state open records laws as well as best practices for evidentiary development and reasonable request drafting
• Negotiate with the federal executive branch and state or local open records officials in connection with a high volume of pending open records requests. Maintain active communication and follow up with FOIA or open records officers in federal and state government agencies as AO’s point of contact for assigned active open records requests
• Acquire and maintain an up-to-date working knowledge of FOIA and state open records and open meetings law to advise internal and external stakeholders, brief and argue legal issues, and fulfill other job responsibilities. Develop and maintain expertise in FOIA and the open records and open meetings laws of assigned states by monitoring legal developments and through targeted research projects
• Partner with AO’s communications and research teams to develop messaging materials, blog posts, or other non-legal advocacy materials, as needed
• Represent American Oversight in meetings with partners, coalitions, presentations, training, and meetings with congressional committees, consistent with American Oversight’s 501(c)(3) status
• On a rotating basis, manage AO’s legal intern program (during intern season(s)), and postgraduate legal fellows, including hiring, supervision, and enrichment opportunities
• Lead or participate in internal organizational development initiatives, events, and/or committees
• Support organizational interests as needed, being prepared to step into the shoes of Legal Team management if chief counsel and deputy chief counsel are unavailable

Preferred Qualifications

• Experience in a nonprofit environment
• Experience mentoring and/or supervising junior attorneys, student interns, or postgraduate fellows
• Familiarity with pro-democracy issues, including but not limited to voting rights, election administration, civil rights and civil liberties, or threats like abuse of power, corruption or indue influence
• Knowledge of FOIA, state open records or open meeting laws, or government ethics laws

Benefits

• 80% of health, dental, and vision premiums paid by the organization
• A retirement plan with a matching contribution
• Remote office reimbursements for personal devices and wireless connectivity