JOB
*** THIS IS AN EXEMPT POSITION *** The Transportation Attorney 3 in this position will serve in the Real Property Law Section of the Legal Division. This incumbent perform more complex legal duties assigned by the Legal Division Director and Legal Division Manager for the Real Property Unit, including but not limited to work in the area of condemnation law and real property law: represents the agency in trials and hearings on complex cases before various judicial forums; conducts interviews and depositions of witnesses; prepares legal documents such as pleadings, briefs, legal opinions, proposed findings of facts and conclusions of law, settlement agreements, contracts, and motions; performs legal research of case law, statutes, and rules; and performs similar or related work as required. Must be able to make determinations about case strategy and defense in matters assigned. Will work closely with Right of Way and assigned outside attorneys and provide support. Will be mentoring and training attorneys and administrative staff within practice section. Other duties as assigned. This position is a principle lead advisor. In this position there is a responsibility to solve more complex problems that may come from both within and outside of the Agency which may require extensive analysis and probing to develop a conclusion. Must possess excellent written and oral communication skills and be able to work with and maintain confidential information. The successful applicant must be discreet and tactful in safeguarding sensitive information and be able to work with and maintain confidential information.Paygrade 22
EXAMPLE OF DUTIES

• Provide lead advisor support to Division staff of a specialized legal practice area including attorneys, and administrative support in determining case strategy, developing litigation tactics, research, investigations, and conducting litigation.• Report to the Director and/or Attorney Manager.• Rendering legal advice and opinions to their Director and/or Attorney Supervisor and to section’s clientsrelated to the sections area of legal specialization.• Must use independent judgment in the interpretation and adaption of policies and guidelines• Represents the agency in various administrative and judicial forums• Performs complex legal work in connection specialized area of assignment such as contract law, employment law, real property law, collections and civil litigation matters• Makes recommendations to Director and/or Attorney Manager regarding further appeal of contested cases• Analyzes and makes recommendations to the Director and/or Attorney Supervisor regarding settlements and/or legal strategy• Consults with agency staff on the interpretation of court opinions and statutes, the application of rules and regulations, and related matters where a serious legal issue is involved• Collaborates with groups or individuals from outside the Department of Transportation in a moderately unstructured setting• The work involves isolating and defining unknown conditions, resolving critical problems, or developing new theories• Answering telephone inquiries, written inquiries including Freedom of Information Act requests and correspondence• Performs related duties as assigned• Travel may be required; therefore, a valid driver’s license is required.

SUPPLEMENTAL INFORMATION
REQUIRED TRAINING/EDUCATION Admission to practice law by the West Virginia State Bar. REQUIRED EXPERIENCEFive (5) years of full-time or equivalent part-time paid experience in the practice of law.Substitution: One (1) year of full-time or equivalent part-time paid employment as an attorney with the agency to which assigned shall be considered the equivalent of two (2) years of experience.