Trial Attorney - MHLD Northampton

Overview

The Mental Health Litigation Division is seeking a full-time Trial Attorney to represent clients in involuntary civil commitment proceedings. This includes trials and a limited number of appellate cases for the Northampton Commitment Defense Unit.

Responsibilities primarily involve cases initiated by psychiatric facilities operated by the Massachusetts Department of Mental Health (DMH) and private psychiatric facilities licensed by DMH.

Responsibilities

Mental Health Litigation Division Trial Attorneys provide zealous, trial-focused representation in mental health cases, primarily for indigent persons in proceedings seeking:

• Initial involuntary commitment
• Recommitment
• Authorization to involuntarily treat someone who has been committed
• Competency to make informed medical decisions and substituted judgment determinations

Key duties include, but are not limited to:

• Visiting and interviewing clients at locked psychiatric facilities
• Conducting pre-trial investigation and discovery, including obtaining and reviewing facility and other medical and psychiatric records
• Interviewing facility staff and other potential witnesses
• Working extensively with forensic psychiatric and psychological clinicians and other experts
• Locating and interviewing witnesses and consulting with service providers
• Working with the staff social services advocate to find alternatives to hospitalization
• Conducting extensive legal and medical research
• Conducting legal research and writing
• Representing clients in pretrial proceedings, hearings, trials, interlocutory appeals, and post-commitment relief proceedings
• Other duties as assigned

Trial Attorneys are supervised by, and report to, the Attorney in Charge.

Qualifications

Minimum entrance requirements

• Applicants must be eligible to practice law in Massachusetts, either as a member of the Massachusetts bar or as an attorney licensed in another jurisdiction who is covered by Supreme Judicial Court Rule 3:04
• Applicants must be committed to serving a culturally diverse, low-income population
• Trial Attorney positions require travel; access to reliable transportation throughout the Commonwealth is necessary
• Access to home internet access sufficient to work remotely

Preferred Qualifications

• Foreign language skills to support interaction with limited English proficient groups in the region
• Trial experience in mental health cases
• Strong interpersonal and analytical skills
• Ability to work in a community and defense-oriented capacity, both independently and collaboratively

Location

• Northampton Commitment Defense Unit
• District Court proceedings include Franklin, Northampton, Holyoke, and Springfield
• Probate and Family Court proceedings include limited guardianships and/or community treatment plans (Roger’s Orders) in Hampden and Hampshire Counties

Attorneys will primarily appear remotely in District Court sessions from the facility where the client is detained. Less frequently, attorneys may appear in:

• Superior Court divisions within Hampden, Hampshire, or Franklin counties
• Probate and Family Court in Hampden and Hampshire counties
• Appellate Divisions of the District and Municipal Courts
• Other facilities and courts throughout the Commonwealth, as required

Compensation & Benefits

Compensation and benefits details were not provided in the job posting.

Application Requirements

To apply, submit:

• Resume
• Cover letter detailing your interest in the position
• Legal writing sample

Equal Opportunity

This employer is an equal opportunity employer and does not discriminate based on race, color, national origin, ethnicity, sex, disability, religion, age, veteran or military status, genetic information, gender identity, or sexual orientation, as required by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and other applicable federal and state statutes and organizational policies.