THE STARTING SALARY FOR A NEW HIRE TO THIS POSITION IS LIMITED TO THE RECRUITMENT RANGE OF $ 95,200 to $ 97,104. This position is client funded.
Salary offers are based upon the candidate's education andexperience related to the position, as well as departmental budget and equity considerations.
**For Current State Employees, please note that as of June 1, 2018, promotional priority and salary administration will be based on the new Statewide NC Classification System.**
The North Carolina Department of Justice, led by the Attorney General of North Carolina, represents the State of North Carolina in court and provides legal advice and representation to most state government departments, agencies, officers, and commissions. The Department also represents the State in criminal appeals from state trial courts, and brings legal actions on behalf of the state and its citizens when the public interest is at stake.
This position is located in the Services to State Agencies section and is not subject to the Fair Labor Standards Act.
This attorney independently litigates to enforce collection of personal property, cash and securities from corporations, banks, federal agencies, and insurance companies; files actions to have real property declared escheated and may intervene in special proceedings, eminent domain, and tax foreclosure actions, and joins bankruptcy actions to obtain delivery of net proceeds from the sale of escheatable property; files actions against the \"holders\" of unclaimed property to establish inspection rights and access to their internal accounting practices; files enforcement actions against property finders for violations of N.C.G.S. 116B-78 and Chapter 75; defends claims for unclaimed property filed by individuals, their heirs, insurance policy holders, and their beneficiaries, bond holders, depositors, customers, and employees.
The attorney will also independently handle employment law litigation, IT breach of contract actions, and other litigation of DST, as needed.
The attorney independently reviews a host of documents, including wills, trusts, insurance policies, powers of attorney, stock certificates, etc., in advising the UPD on whether a claim for unclaimed property should be denied or approved. The attorney must have a thorough understanding of the following areas of law: trust, wills, bankruptcy, privacy, public records, tax, insurance, power of attorney, UCC, corporate, securities, etc. The attorney advises and assists in the drafting of policies and procedures regarding how the UPD processes claims for unclaimed property. The attorney advises the UPD on its enforcement authority with regards to unclaimed property audits and property finders. The attorney will be requested to draft and review legislation and rules.
The attorney independently advises DST on HR matters, and drafts and reviews IT contracts, and contracts for the UPD.
The attorney serves as an advisor to the Agency Legal Specialist at UPD.
In-depth understanding of federal and state statutes, rules, and case law related to the duties of the North Carolina Department of State Treasurer.
Thorough knowledge of North Carolina rules of procedure, court and practice (administrative, trial and appellate).
Ability to draft, analyze, interpret and act upon statutory and regulatory provisions.
Ability to conduct complex litigation in administrative tribunals and trial and appellate courts.
Ability to draft and review contracts to govern complex transactions, including IT products and services, between the Department of State Treasurer and vendors.
Ability to express arguments and conclusions logically and correctly, both orally and in writing.
Ability to use good judgment and discretion in exercise of job responsibilities.
Good negotiation skills.
Good communication skills.
Ability to maintain effective working relationships with persons contacted in course of work.
Licensed to practice law by the North Carolina State Bar and four years of progressively responsible professional legal experience. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.
Management prefers an advanced level attorney who has litigation experience and signficant experience providing counsel to clients, ideally to governmental agencies. Additionally, management prefers an attorney with experience drafting and reviewing contracts, particularly IT contracts.