Job Description

Are you a strategic and mission-driven attorney with experience in federal oversight litigation? If so, Democracy Forward Foundation (“Democracy Forward”) is hiring an Oversight Counsel to join our team. The Oversight Counsel plays a key role in advancing Democracy Forward’s mission by driving legal and oversight strategies to protect against executive branch attacks on democratic institutions, threats to civil rights and liberties, abuses of power, and efforts to erode government transparency. The Oversight Counsel will play a lead role in designing strategy for Democracy Forward’s open records requests and litigation, and will independently manage a caseload related to these requests and handle all aspects of federal open records litigation, including research, complaint and brief writing, discovery, negotiation, and oral argument.

This position is full-time. Democracy Forward’s office is located in Washington, DC. While this position offers flexibility to work remotely, it requires regular in-office presence eight (8) times per month (averaging 2 times per week) to effectively support the nature of the role. Remote candidates within the United States will also be considered. If a candidate is outside of the DC area, travel to DC is expected 1-2 times per quarter.

The Oversight Counsel will report to the Director of Oversight, with active litigation matters managed by the Senior Oversight Counsel and the Legal Directors, or their delegates.

Key Responsibilities:

Below are the key areas of responsibility for this role. The specifics of each responsibility may vary based on the needs of the organization and department.

• Litigate Freedom of Information Act (FOIA) requests in federal and state court and to a limited extent, other transparency-focused litigation, on behalf of Democracy Forward and other clients, with the highest standards of legal skills, and independently manage a caseload. This includes:
• Serve as lead counsel across an active, diverse caseload of federal open records litigation in courtrooms across the country, helping to propose cases, setting litigation strategy, and handling day-to-day case management.
• Research, draft, and edit court filings, including complaints, motions, and briefs at the trial and appellate levels, including, as needed, amicus briefs.
• Conduct discovery where appropriate, including written discovery and depositions, as well as participate in evidentiary hearings.
• Conduct oral arguments in federal and state courts at the trial or appellate level.
• Draft, as needed, other advocacy materials, e.g., demand letters, administrative complaints, and other tools for demanding accountability.
• Proactively, creatively, and independently propose and develop ideas or candidates for future public records cases, including novel or creative litigation and non-litigation strategies for accountability and transparency.
• Develop and draft (or consult on) FOIA requests designed to advance DF’s litigation strategy (independent of its FOIA litigation). Work closely with litigation case teams to accomplish this.
• Work with DF’s Oversight team to research and develop investigation strategies and opportunities consistent with relevant federal and state open records laws. Review investigative plans and public records request drafts and advise on FOIA and state open records laws as well as best practices for evidentiary development and reasonable request drafting.
• Negotiate with the federal executive branch and state or local open records officials in connection with a high volume of pending open records requests. Maintain active communication and follow up with FOIA or open records officers in government agencies as DF’s point of contact for assigned active open records requests, or manage such correspondence handled by other team members.
• Partner with DF’s communications and research teams to develop messaging materials, blog posts, or other non-legal advocacy materials, as needed.
• Represent Democracy Forward in meetings with partners, coalitions, presentations, training, and meetings with congressional staff, consistent with Democracy Forward’s 501(c)(3) status.

Qualifications:

We recognize that strong candidates may not meet 100% of the qualifications listed. If you believe you can contribute meaningfully to our team, we encourage you to apply.

• J.D. from an accredited law school.
• Active membership in good standing in the bar of the District of Columbia, or membership in good standing in another state bar with the ability to become admitted in D.C.
• At least 5-8 years relevant litigation experience
• Demonstrated excellence in performing legal research and drafting legal documents (including court filings such as complaints, dispositive motions, and appeals, and/or regulatory filings such as comments and petitions for rulemaking), in a professional, timely, and self-directed manner. Excellent writing ability is a plus.
• Deep familiarity with FOIA, Federal Advisory Committee Act, Presidential Records Act, and/or federal ethics laws.
• Demonstrated commitment to public interest work.
• Demonstrated ability to think creatively and craft legal strategies to address difficult and complex social problems.
• Demonstrated ability to build and maintain relationships with legal, academic, government and nonprofit networks, build coalitions, and develop strong client and stakeholder relationships.
• Demonstrated excellence in performing and supervising legal research and drafting legal documents in a professional, timely, and self-directed manner.
• Extraordinarily high level of attention to detail and follow through.
• High degree of confidentiality and discretion, professionalism, integrity, diplomacy, and ethics.
• Ability to be a thought leader.
• Well-developed collaborative and interpersonal skills including demonstrated self-awareness, commitment to diversity and inclusivity, and ability to work with colleagues and stakeholders across diverse cultures and backgrounds.

Work Environment & Physical Demands:

• This role may require occasional travel for team retreats, conferences, or organizational meetings.
• This role may involve sitting for extended periods and working on a computer. Reasonable accommodations will be provided as needed.

The salary range for this position is $155,000 – $165,000 plus excellent benefits. Compensation is commensurate with experience.

Democracy Forward Foundation is an equal opportunity employer. We value a diverse workforce and an inclusive culture. We encourage applications from all qualified individuals. We strongly encourage people of color; LGBTQIA+ people; women; people with disabilities; and veterans to apply. Please note that all lawyer positions require a law degree and active membership in the bar of a state or the District of Columbia.

Not sure you meet all of our qualifications? Research shows that men apply for jobs when they meet an average of 60% of the criteria. Yet women and other people who are systematically marginalized tend to only apply if they meet every requirement. If you believe that you could excel in this role, we encourage you to apply. We are dedicated to considering a broad array of candidates, including those with diverse workplace experiences and backgrounds. Whether you are new to mission-based legal and policy work, returning to work after a gap in employment, or simply looking to transition or take the next step in your career path, we welcome the opportunity to have you on our radar. Please include in your cover letter the nature of your interest in legal and policy work promoting democracy and progress and what you hope to bring to our team and the role for which you are applying.

Democracy Forward is committed to providing equal employment opportunities for all, including those with disabilities. If you require a reasonable accommodation to complete this application, interview, or otherwise participate in the hiring process, please direct your inquiries to recruiting@democracyforward.org or 833-391-4732.