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Posted December 14, 2019

Litigation Counsel - Healthcare/HCBS

Disability Rights California
Los Angeles, CA Full Time
Reference: DisabilityRightsCalifornia02f81fda-7100-483b-86d1-573e3510901a

If you require an accommodation due to a disability to complete this application OR you are experiencing issues submitting your application and...

If you require an accommodation due to a disability to complete this application OR you are experiencing issues submitting your application and accompanying
materials please e-mail [email protected].

DEADLINE: Open until filled.

SALARY RANGE (Depending on Experience): $107,757 - $144,417 annually

Location: Sacramento, Oakland, Los Angeles, OR San Diego

WHO WE ARE
Disability Rights California (DRC) is a statewide, non-profit legal organization dedicated to advancing the rights of Californians with disabilities and their right to live with autonomy, dignity, and respect in a barrier-free, inclusive, and diverse world that values each individual and their voice.
PURPOSE OF THE JOB
DRC is seeking a creative, bold, and experienced litigator to co-lead our Healthcare/Home and Community Based Services (Healthcare/HCBS) Practice Group.
In our Practice Groups, the Managing Attorneys bring a wealth of substantive expertise and handle supervisory and administrative tasks for the team with a shared responsibility for advocacy. Along with the Managing Attorney and team members, the Litigation Counsel shape our team-wide litigation vision, support experienced litigators in their cases, mentor junior attorneys, and—most importantly—provide a leadership role in litigation and other systems’ change advocacy. Structurally, the Litigation Counsel report to the Managing Attorneys. But in practice, they lead our team together. Litigation Counsel also partner with staff in other practice groups to maximize our impact in cross-program cases and projects.
The Litigation Counsel ensures the excellence of the Practice Group’s legal work and provides leadership and mentorship to Practice Group attorneys on all advocacy efforts, including litigation in Federal and State court. The Litigation Counsel works with the team to identify complex legal and policy challenges to create and drive forward our systemic and impact work. The Litigation Counsel also provides technical assistance to, and collaborates with, other legal services organizations and community based organizations.
Driving our work in the Healthcare/HCBS Practice Group is the right of children and adults under the Americans with Disabilities Act and the Supreme Court’s Olmstead decision to receive the public benefits they need to live at home and avoid institutionalization.
Our current Healthcare/HCBS Practice Group priorities include a variety of advocacy projects to fulfill the promise of Olmstead:
· Enforcing rights of children and adults to receive community-based supports that enable them to live at home, such as In-Home Supportive Services (IHSS), Medi-Cal Waiver services, California Children’s Services.
· Systemic litigation to challenge illegal regulations and policies that pose barriers to community living
· State legislative and budget advocacy to maximize the ability of people in institutions to return home, by keeping their housing and receiving necessary transition support
· Policy advocacy to oppose harmful federal proposals, and to influence state HCBS program changes
JOB RESPONSIBILITIES
Litigation Counsel essential functions include:
Litigation and Leadership – 75%
- Identify and address complex legal challenges through impact litigation and policy advocacy efforts.
- Lead teams in litigation or major policy advocacy which may include targeted representation, complex litigation and/or appeals, or major policy advocacy at the state level.
- Provide technical assistance and substantive training to staff in areas of expertise and participate in the identification and development of substantive and skills-based training for staff.
- Monitor, summarize, and analyze case law, legislation, and administrative policy and practices for staff and other organizations.
- Mentor DRC legal advocacy staff on litigation or advocacy projects and provide training in substantive law and litigation skills.
Administrative/Management – 10%
- Participate as a member of the DRC legal management team to assist in the development and advancement of the Legal Advocacy Unit’s strategic direction.
- Collaborate with other Litigation Counsel to fulfill various administrative and litigation-related responsibilities.
- Co-review and approve the team’s requests to commence new litigation.
Community-Based Advocacy – 15%
- Engage in community-based advocacy and community leadership, representing the agency as the voice of our clients.
- Prepare training materials, publications, reports, or prepare presentations about legal work, which may include reports to funding entities and the Board of Directors.
SUPERVISORY RESPONSIBILITIES
Litigation Counsel do not directly supervise staff. But they do provide leadership, training, and mentoring to Practice Group staff on litigation.
TRAVEL REQUIREMENTS
Ability to travel occasionally for activities such as out-of-town meetings, client visits, and hearings up to 25% of the time.
WORKING CONDITIONS
DRC offers flexible workplace opportunities such as scheduling and telecommuting. Duties are performed between an office environment and the field in a wide range of settings, including courthouses, health care facilities or other institutional settings, community agencies, or in community-based outpatient settings. Work areas are often noisy. Duties frequently require sitting and communicating with others.
MINIMUM QUALIFICATIONS
Education, Experience, Licenses
Must be a member of the California State Bar. Plus:
- Ten years of practice including substantial civil litigation experience. Candidates with mixed litigation experience—such as clerkships and criminal defense—should have at least five years’ experience in civil litigation.
- Experience mentoring or supervising attorneys.
- Experience with client representation of people with disabilities.
- Experience addressing clients’ intersectional needs.
- Experience with laws, rights, and services as they pertain to people with disabilities, and/or direct representation of people with disabilities.
PREFERRED QUALIFICATIONS
- Litigation or advocacy experience in: government benefits for people with disabilities, including Medicaid, In-Home Supportive Services, HCBS Waivers; Olmstead and ADA integration mandate matters; writs of mandate or administrative mandamus.
- Proficiency in American Sign Language, Spanish, or an Asian language.
- Experience in the disability rights movement.
- Extensive contacts in the disability community.
- Experience developing impact strategies through community lawyering.
- Experience with and/or extensive contacts in ethnic or language distinct communities.
- Familiarity and/or extensive contacts with one or more of the following: homelessness, criminal justice, substance abuse or Gay/Lesbian/Bi-Sexual/Transgender/Intersex (LGBTI) communities.
Bilingual Ability
No additional language is required.
CORE COMPETENCIES
The competencies below represent the knowledge, skills, behaviors and/or abilities required to be successful at DRC, with or without disability related reasonable accommodations.
Advocacy
Ability to develop systemic advocacy litigation cases. Ability to develop public policy. Ability to represent DRC approved positions through the legislative process.
Communication
Ability to read, analyze, and interpret the most complex legal documents. Ability to write using original or innovative techniques or style. Ability to negotiate to serve the interest of the client or reconcile divergent interest and opinions. Ability to make effective and persuasive presentations on controversial or complex topics to governmental entities, facility leadership, public groups/officials, and/or boards of directors. Ability to respond effectively to the most sensitive inquiries or complaints.
Critical Thinking
Ability to apply principles of logical thinking to a wide range of complex problems. Ability to interpret and synthesize complex or diverse information. Sees relationships between information in varied forms and from varied sources. Is proficient at nuance and proactively seeks multiple options tailored to the specifics of each situation. Ability to navigate highly ambiguous situations, reaching sound conclusions that balance the needs of many stakeholders.
Diversity & Inclusion
Strives to eliminate barriers to diversity and inclusion; ensures that new barriers are not built. Promotes the creation of shared mission, vision, and values, and uses those principles to guide actions.
Relationship Building
Ability to harness, develop, and manage key relationships so stakeholders view DRC with pride and respect. Ability to serve as the main point of contact when issues arise; manage disputes or conflicts; and effectively share ideas in group discussions. Ability to interact with others within and outside of DRC to solve problems effectively. Ability to seek and provide unique/different perspectives to and from coworkers and community partners. Ability to manage peoples’ expectations. Celebrates workplace success and achievement.
If you are interested in becoming a part of DRC, please submit the following:
- Online Disability Rights California Application Form
- Your resume
- Detailed cover letter.
- Sample of legal writing (i.e., a legal argument, letter or analysis) consisting of no more than 10 pages of text.
- List of significant litigation

At Disability Rights California, we value diversity among our employees because unique perspectives allow us to effectively serve Californians with disabilities from a wide range of cultural backgrounds. As an equal opportunity employer, we hire without regard to race, color, ancestry, national origin, religion, creed, age (over 40), Disability (mental and physical), sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, military and veteran status, or any other protected characteristic.

Disability Rights California endorses and supports the intent of the Americans with Disabilities Act of 1990 (ADA) and the California Fair Employment and Housing Act (FEHA) and is committed to providing reasonable accommodations to qualified individuals with disabilities who are applicants or employees who need accommodations.

This listing expired on Feb 12. Applications are no longer accepted.

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