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The classes in this series are used in the Department of Industrial Relations to provide a wide variety of specialized legal services to the Department's various divisions, boards, and commissions.
Incumbents in these classes may be responsible for preparing and litigating cases before boards, commissions, hearing officers, trial courts, or appellate courts; providing legal advice and opinions to management or members of the public on legal issues arising out of the programs of the Department; analyzing, proposing, and drafting legislation; preparing legal opinions as directed by one of the Department's several semi judicial, adjudicative bodies; testifying before legislative committees; conducting hearings, performing legal research, directing the work of lower-level attorneys, and other staff. Incumbents in this class have the ability to analyze situations accurately and take effective action; apply legal principles and precedents to particular sets of facts; effectively interpret laws and rules; and develop, interpret, and implement new procedures.
This series is available for use only in the Department of Industrial Relations.
Entry into this class series for State employees is typically from the class of Legal Counsel, which requires membership in The California State Bar. The class of Graduate Legal Assistant, which requires eligibility to take The California State Bar examination, is also used to recruit those interested in pursuing legal careers in the State service.
All classes in this series generally perform similar duties. Differences between classes are essentially differences in the level of service and expertise incumbents can be expected to provide and in the difficulty of assignments which they receive.
Incumbents in this class are experienced practicing attorneys capable of performing difficult legal work with increased independence and responsibility. Incumbents are assigned a variety of legal work depending on their appointing authority's responsibilities. This may include preparing and litigating civil and criminal industrial relations law cases before boards, commissions, and the courts; drafting legal opinions; analyzing and drafting legislation; and providing legal advice to management concerning their respective industrial relations law programs. Incumbents may also assist higher level attorneys in the more difficult legal work.
Incumbents in this class are the more experienced attorneys who have demonstrated the capacity to benefit from increased independence and responsibility and demonstrated the ability to perform the more difficult legal work in the Department. Incumbents are assigned the more difficult and sensitive work of the employing division, commission, or board; and may serve in a lead capacity over lower-level staff.
Incumbents in this class are well-experienced, well-qualified attorneys who have the expertise necessary to capably perform the most complex and sensitive labor and employment law work of the Department on an independent basis. Typically, under the general direction of a program's chief administrator, incumbents provide policy and program direction to staff and advise their program administrator on various program legal matters. Incumbents work with broad discretion and independence and are expected to develop strategy and tact in handling the most complex legal issues in the Department; and may serve in a lead capacity over lower-level staff.
Incumbents in this class are the most experienced attorneys who are experts in a broad or exceedingly complex area of industrial relations law. Incumbents have demonstrated the ability to independently perform assignments consisting of the most complex and sensitive legal work within the Department and to consistently produce favorable results on these proceedings. Assignments typically consist of litigation of the greatest difficulty, negotiations, legislative liaison, hearings, legal research, and opinion drafting; render legal advice and opinions to Department management; respond to difficult legal correspondence; and develop strategy and tactics in the most complex disputes or litigation. Incumbents act in a lead capacity over lower-level attorney staff.
All candidates must have membership in The California State Bar. (Applicants must have active membership in the California State Bar before they will be eligible for appointment.) (Applicants who are not members of The California State Bar but who are eligible to take the California State Bar examination or are in their final year of law school will be admitted to the examination but will not be considered eligible for appointment until they are admitted to The State Bar.)
Experience in the "practice of law" or "performing legal duties" is defined as: (1) only that legal experience acquired after admission to any State Bar, or (2) experience as a judicial clerk for a federal court, California's state courts, or any other state's courts, or (3) legal experience acquired while practicing under a provisional license to practice law issued by the State Bar of California’s Provisional Licensure Program, to constitute experience in the practice of law. For an individual's judicial clerkship to qualify as experience in the practice of law or performing legal duties, the experience must have been gained after receipt of a Juris Doctor or equivalent degree.
Special Experience is defined as that experience in the practice of law dealing with one or more of the following: fair employment; workers' compensation; wages, terms, and conditions of employment; occupational safety and health; or other areas of labor law, or employee-employer-related matters that will have provided a knowledge and understanding of the special problems and laws associated with securing protection of the law to persons in the labor market.
Two years of experience in the practice of law of which includes the Special Experience defined above. (Applicants who have completed one year and six months of the required experience will be admitted to the examination, but must complete two years of such experience before being eligible for appointment.)
Four years of responsible full-time experience in the practice of law of which three years includes the Special Experience defined above. (Applicants who have completed three years and six months of the required experience will be admitted to the examination, but must complete four years of such experience before they will be eligible for appointment.)
Six years of experience in the practice of law of which four years includes the Special Experience described above. (Applicants who have completed five years and six months of the required experience will be admitted to the examination, but must complete six years of such experience before they will be eligible for appointment.)
Ten years of experience in the practice of law, consisting of labor and employment law or directly related legal experience, including administrative and/or civil litigation. (Applicants who have completed nine years and six months of the required experience will be admitted to the examination, but must complete ten years of such experience before they will be eligible for appointment.)
Knowledge of: Legal principles and practice with particular reference to industrial relations law; legal research method, court procedures, and rules of evidence and procedure; administrative law and the conduct of proceedings before administrative bodies; legal terms and forms in common use; statutory and case law administered or enforced by and the purpose, organization, and procedures of the Department of Industrial Relations; and obligations of public officials and administrative boards and agencies.
Ability to: Analyze legal principles and precedents and to apply them to complex legal and administrative problems; perform and direct legal research; present statements of fact, law, and argument clearly and logically; interpret, analyze, and draft opinions, pleadings, rulings, regulations, and legislation; negotiate effectively; recognize the special legal problems of employee/employer relations and protective labor laws; independently prepare and present difficult and complex cases before boards, commissions, trial courts, and appellate courts; and in a lead capacity, oversee the work of clerical staff, professional assistants, and lower-level attorneys.
A greater degree of these knowledge and abilities is required at each higher level.
Knowledge of: All of the above, and principles of personnel management, supervision, and training; and a manager's/supervisor's responsibility for promoting equal opportunity in hiring and employee development and promotion, and for maintaining a work environment that is free of discrimination and harassment.
Ability to: All of the above, and plan, organize, direct, and evaluate the work of others; and effectively promote equal opportunity in employment and maintain a work environment that is free of discrimination and harassment.
All employees shall have general qualifications as described by California Code of Regulations, title 2, section 172.