Job Description

****PLEASE NOTE THIS APPLICATION IS EXPRESSING INTEREST IN THIS ROLE AND NOT A FORMAL APPLICATION*****

GENERAL DESCRIPTION

The Tax Litigation Division defends the State when it is sued by plaintiffs challenging their tax liabilities, unemployment benefits decisions and wage claim decisions. The Division represents the Comptroller of Public Accounts and the Texas Workforce Commission as its clients in these cases. The Office of the Attorney General’s Tax Litigation Division seeks attorneys to defend the State of Texas at all stages of litigation in Texas courts. The OAG seeks qualified, self-motivated candidates to manage cases from inception to conclusion, drafting motions and discovery, appearing at hearings, trying cases, and handling appeals, as well as assisting other attorneys. The attorney filling this position will build on their litigation skills in a teamwork environment and gain experience in representing important clients.

Suits against the Comptroller often have millions of dollars at issue with large, well-known companies on the other side. TWC suits challenge employers’ unemployment tax liability as well as the agency’s decisions on unemployment benefits and wage claims, which allow the opportunity for frequent court appearances.

The Division’s cases generally involve discovery into a plaintiff’s business practices to determine whether their business model fits into the tax exemption they seek. Math is almost never involved, and tax experience is not required, nor preferred.

The OAG is a dynamic state agency with over 4,000 employees throughout the State of Texas. As the State’s law firm, the OAG provides exemplary legal representation in diverse areas of law. OAG employees enjoy excellent benefits ( along with tremendous opportunities to do important work at a large, dynamic state agency making a positive difference in the lives of Texans. Assistant Attorneys General (AAGs) experience the challenge and honor of public service while enjoying a healthy work-life balance; hands-on legal experience; and engaging camaraderie in Austin, the scenic and lively capital of Texas

ESSENTIAL POSITION FUNCTIONS

• Defends the Comptroller of Public Accounts in tax litigation at trial and appellate stages.
• Defends the Texas Workforce Commission in tax, unemployment and wage claim litigation at trial and appellate stages. May include third-party discovery and lien enforcement.
• Analyzes factual and legal issues and formulates case strategy.
• Drafts legal documents including pleadings, briefs and memoranda.
• Appears and argues in hearings, trials and appeals. Questions witnesses and presents evidence before a judge or jury.
• Conducts discovery.
• Negotiates settlements and resolutions.
• Mentors and trains less-tenured attorneys and legal staff.
• Provides legal advice, counsel, and assistance to the Office of the Comptroller, Texas Workforce Commission and Attorney General’s Executive
• Administration in tax litigation and unemployment matters
• Performs related work as assigned
• Maintains relevant knowledge necessary to perform essential job functions
• Attends work regularly in compliance with agreed-upon work schedule
• Ensures security and confidentiality of sensitive and/or protected information
• Complies with all agency policies and procedures, including those pertaining to ethics and integrity

Qualifications

MINIMUM QUALIFICATIONS

Assistant Attorney General (AAG) II:

• Education: Graduated from an accredited law school with a Juris Doctor (J.D.) degree
• Experience: One-year full-time experience working as a licensed attorney
• Licensed as an attorney by the State Bar of Texas
• Member in good standing with the State Bar of Texas and eligible to practice law in Texas by start date.
• Strong legal writing skills
• Skill in handling multiple tasks, prioritizing, and meeting deadlines
• Skill in effective oral and written communication
• Skill in exercising sound judgment and effective decision making
• Ability to receive and respond positively to constructive feedback
• Ability to work cooperatively with others in a professional office environment
• Ability to provide excellent customer service
• Ability to work in person at assigned OAG work location, perform all assigned tasks at designated OAG work space within OAG work location, and perform in-person work with coworkers (e.g., collaborating, training, mentoring) for the entirety of every work week (unless on approved leave)
• Ability to arrange for personal transportation for business-related travel
• Ability to work more than 40 hours as needed and in compliance with the FLSA
• Ability to lift and relocate 30 lbs.
• Ability to travel (including overnight travel) up to 25%

Assistant Attorney General (AAG) III: All of the above minimum qualification for an AAG II, plus:

• Experience: One additional year of full-time experience as a licensed attorney

PREFERRED QUALIFICATIONS

• Experience or education in tax, administrative, business, or commercial law
• Experience in civil litigation, including discovery, trials, and appellate litigation

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