Counsel II

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Counsel II
Duties: Handle an active state and federal civil litigation caseload involving constitutional issues, including trials and appeals, as well as to provide in-house counsel on a variety of matters. Litigation duties of this position include travel to 16 state correctional facilities and state and federal courts located throughout the Commonwealth. Responsible for helping to shoulder the Department of Correction Legal Division’s heavy litigation workload of approximately 3,800 active civil rights, tort, sentencing, and medical care cases. These cases involve multiple day trials, hearings, and labor-intensive discovery. Responsible for conducting jury and non-jury trials as well as motion hearings before any of the Commonwealth’s state courts, the Massachusetts Appeals Court, the Supreme Judicial Court, Federal District Courts, the First Circuit Court of Appeals, or administrative tribunals, with the vast majority of cases filed in counties. Conducting pre-hearing conferences to clarify issues; interviewing witnesses at 16 state correctional institutions and gathering relevant institutional records; consulting other DOC staff and legal representatives and parties involved; reviewing case files, transcripts of prior hearings, administrative decisions, and other records of case proceedings; defending clients at depositions; conducting legal research; preparing motions, legal briefs, and memoranda of law; and reviewing memoranda submitted by litigant representatives for rebuttal to determine issues involved, legal precedents, and the need for further investigation to provide additional documentation. Also responsible for providing legal advice as in-house counsel to all employees, to include the interpretation of applicable laws, regulations and case decisions impacting.

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