Demo

Trial Attorney (Appellate).

Offices-to-go
Washington, DC Full Time
POSTED ON 4/19/2026
AVAILABLE BEFORE 5/18/2026
Duties

Appellate Staff attorneys practice in all thirteen of the federal courts of appeals, and other courts as appropriate. The Appellate Staff's portfolio includes many of the most difficult and controversial cases in which the Federal Government is involved. Typical matters concern the litigation of legal questions central to the Government's business, defending federal statutes and regulations and the Executive Branch's prerogatives, preserving the public fisc and protecting national security. The Appellate Staff also works with the Office of the Solicitor General to prepare Supreme Court filings in civil cases.

In addition, the Appellate Staff represents the United States in certain types of affirmative litigation, such as consumer protection cases and False Claims Act suits to recover money fraudulently obtained from the U.S. treasury. The Appellate Staff handles a wide variety of counter terrorism and national security litigation, including challenges to enemy combatant detention and challenges to the designation of foreign terrorist organizations.

The Appellate Staff is seeking several junior attorneys to represent the United States, its agencies, and its officers in civil cases in the federal courts of appeals and other appellate courts. The trial attorney will personally brief and argue appellate cases assigned to them, draft recommendations and memoranda for the Solicitor General and other officials on a range of litigation matters, and work with the Office of the Solicitor General to prepare Supreme Court filings.

Typical Appellate Staff cases include defending against constitutional challenges to Acts of Congress, Executive decisions, and national security programs; administrative challenges to agency rules and adjudications; tort claims against the United States; employment discrimination claims against the government; and claims against federal officers in their individual capacities for the alleged violation of a person's constitutional rights (Bivens claims). The Appellate Staff also represents Executive Branch interests in separation-of-powers litigation.

This is not a remote location position. You will be required to work in person five days a week.

Requirements

Conditions of employment

  • Must be a U.S. Citizen or National.
  • Must complete a Background Investigation to include drug testing.
  • Selective Service Registration is required, as applicable.
  • May require completion of a 2-year trial period. (Please refer to the trial period statement under Qualifications.)
  • Must be able to obtain and maintain a Top Secret security clearance with eligibility for Sensitive Compartmented Information (SCI) access depending on organizational assignment / duty location.
  • It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.
  • Financial Disclosure: If selected, you will be required to disclose financial information in accordance with DOJ and Federal ethics guidelines.

Qualifications

Applicants must possess a J.D. Degree (or equivalent), be an active member in good standing of the bar (any U.S. jurisdiction), and be a U.S. citizen. The minimum years of post-law degree experience commensurate with the grade level of eligibility is shown below.

Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level.

  • GS -11 - up to 1 year post-JD legal experience
  • GS-12 - minimum 1 year post-JD legal experience

Preferred qualifications: Applicants with proven writing, research, and negotiation skills preferred; Applicants should exhibit good judgment, and have litigation experience. Federal appellate court judicial clerkship experience and appellate litigation experience are desirable. Qualifications must be met by the closing date of the vacancy announcement.

Trial Period Statement

Required

As a condition of employment for accepting this position in accordance with section 11.5 of Executive Order 14284, you will be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:

  • your performance and conduct;
  • the needs and interests of the agency;
  • whether your continued employment would advance organizational goals of the agency or the Government; and
  • whether your continued employment would advance the efficiency of the Federal service.

Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

Education

All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov.

OR

Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at

All documentation must be in English or include an English translation.

Additional information

Veteran Preference: If you are entitled to or claim veterans' preference (VP), you should indicate the type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at:

There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veterans' Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website,

DOJ EEO Statement/Policy

Reasonable Accommodation Statement: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Schedule A: DOJ welcomes and encourages applications from persons with disabilities and is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department. DOJ also encourages eligible Schedule A applicants to submit their resumes to resume@benderconsult.com, and reference "Federal Career Opportunities" in the subject line. Additional information is found at:

Selective Service: If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law. Additional information is found at:

Fair Chance to Compete for Jobs: Unless otherwise required byfrom inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding.

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.

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