Family Defense Practice Complex Litigation Supervising Attorney

The Bronx Defenders (BxD) – an innovative, progressive, holistic indigent defense office in the South Bronx – seeks passionate attorneys with a commitment to public defense to join our Family Defense Practice

The Bronx Defenders is a public defender non-profit that is radically transforming how low-income people in the Bronx are represented in the legal system, and, in doing so, is transforming the system itself. BxD seeks thoughtful, creative individuals with a strong commitment to social justice to join our dynamic and diverse staff. Our staff of over 400 includes interdisciplinary teams made up of criminal, civil, immigration, and family defense attorneys, as well as social workers, benefits specialists, legal advocates, parent advocates, investigators, and team administrators, who collaborate to provide holistic advocacy to address the causes and consequences of legal system involvement. Through this integrated team-based structure, we have developed a groundbreaking, nationally recognized model of representation called holistic defense that achieves better outcomes for the people we defend. 

 Each year, we defend more than 20,000 low-income Bronx residents in criminal, civil, family, and immigration cases, and reach thousands more through our community intake, youth mentoring, and outreach programs. Through impact litigation, policy advocacy, and community organizing, we push for systemic change at the local, state, and national levels. We take what we learn from the people we represent and communities we work with and launch innovative initiatives designed to bring about real and lasting change. 

Family Defense Practice 

The Bronx Defenders’ Family Defense Practice (FDP) provides legal representation and social work support to parents charged with child abuse and neglect who are at risk of losing custody of their children. Our Family Defense Practice is at the forefront of a movement to provide holistic representation to parents in the Bronx while creating long-term solutions for the reunification and stability of families. Family Defense Practice Attorneys primarily litigate abuse and neglect cases, but occasionally appear in concurrent matters including custody, visitation, and termination of parental rights. 

Complex Family Defense Litigation

 Attorneys and Advocates in the Family Defense Practice assigned to complex litigation cases represent parents and caregivers in court cases and pre-court ACS investigations in which parents are facing the removal of their children due to medically complex allegations and in some cases after the death of a child. Those include allegations of abusive head trauma, shaking, fractures, burns, and other serious alleged non-accidental findings. These cases are as medically and strategically complex, as any criminal homicide case, and require understanding of medical findings and diagnosis, extensive record gathering, motion practice, and litigation. Representation in these cases almost always requires collaboration with medical and other experts and often includes a partnership with pro bono firm attorneys. FDP attorneys working on these cases require specific and extensive litigation support in the form of regular case conferencing, specialized training, co-counseling, and up-to-date information about the law of res ipsa, abusive head trauma and other complex medical issues, as well as new developments in the relevant science and medical research.

Responsibilities

Reporting directly to the Director of Complex Litigation, the Complex Litigation Supervising Attorney will carry a reduced caseload while supervising attorneys representing parents and caregivers in cases where parents are being investigated or have been charged with abuse or neglect based on complex medical findings and diagnosis.

Direct Representation

• Zealously represent parents in ACS investigations and child protective proceedings in Bronx Family Court and any concurrent matters including custody, visitation, and termination of parental rights cases
• Litigate legal matters in abuse and neglect proceedings in hearings and trials in family court - orally and in writing
• Effectively communicate and negotiate with judges, caseworkers, attorneys for the child(ren), and representatives of the Administration for Children’s Services on behalf of parents
• Assist parents in accessing appropriate resources and services to restore full parental rights
• Collaborate with social workers and parent advocates in the Family Defense Practice, as well as attorneys and advocates in the criminal defense, civil action and immigration practice on enmeshed issues that arise in other venues
• Collaborate to provide co-counseling and coverage for cases to ensure that all client needs are met
• Maintain client case files and data in BxD’s case management system
• Provide mentorship to junior attorneys and co-counsel support 
• Supervise and train interns and externs 
• Participate in hiring and recruitment as requested

Complex Litigation

• Zealously represent parents in ACS investigations and Family Court cases that involve allegations of physical abuse and/or complex medical findings
• Litigate every stage of abuse cases including filing motions in limine, motions to dismiss, and motions for summary judgment; identifying and preparing defense experts and lay witnesses; preparing the client for testimony; conducting investigations; and reviewing and digesting documentary evidence, including medical records
• Supervise and co-counsel with staff attorneys assigned to abuse cases and cases that raise complex medical issues
• Review written work of supervisees and provide constructive feedback
• Observe in-court advocacy
• Be available for in-court supervision where appropriate and necessary
• Assist with and review all litigation preparation
• Co-counsel complex medical cases with other attorneys, including attorneys from the criminal defense practice and attorneys at external organizations and firms
• Consult on cases alleging physical abuse or that raise complex medical issues
• Collaborate with social workers and advocates throughout the duration of legal cases
• Participate in an intake rotation to be available to consult or appear when an abuse or complex medical case is filed or comes through community intake
• Participate in and lead internal and external trainings regarding litigating complex medical cases including at conferences, hospitals, and other venues
• Contribute to the creation of an internal BXD resource bank of motions, experts, and case law memos
• Identify systemic legal issues that result in due process violations or unfair outcomes for families and collaborate with our policy, legal, and impact litigation departments to address these issues

Note: This position may require some night and weekend work to accommodate court deadlines and the availability of witnesses, including experts

Qualifications

To be eligible, candidates must have:

• J.D. from an American Bar Association-accredited law school
• Minimum of three years working as an attorney on family defense litigation
• Previous experience litigating medically complex matters or relevant complex matters as counsel or co-counsel

Applicants must demonstrate:

• Commitment to directly defending parents charged with abuse and/or neglect
• A genuine interest and commitment to learning about medically complex issues and litigation
• Experience working in and with racially, ethnically and socioeconomically marginalized communities targeted by systemic injustice
• Ability to effectively and respectfully communicate with people from various backgrounds, identities and experiences
• Ability to work well independently as well as collaboratively with lawyers and non-lawyers
• Commitment to fierce advocacy, and willingness to strategically challenge authority in defense of clients 
• Effective research, writing, and courtroom advocacy skills
• Strong analytical skills and capacity to employ non-legal resources in cases
•  Supervisory and mentoring skills, including
• Ability to provide intentional and constructive feedback
• Flexibility in balancing needs of supervisees against their own caseload
• Ability to multitask, maintain order and meet deadlines, in a fast-paced, high-stakes environment
• Meticulous attention to detail
• Ability to think critically and creatively in fast-paced settings, finding innovative solutions to unique obstacles
• Ability to receive constructive feedback, demonstrate introspection and shift behavior accordingly
• Ability to exercise excellent judgment, discretion, and confidentiality with sensitive matters
• Commitment to raising one’s cultural consciousness and challenging oppressive practices on an interpersonal and institutional level
• Supervisory experience is preferred, but not required

This is an in-person position.

• Salary is commensurate with experience. For candidates with 3

6 years of directly relevant experience, the salary range for this position would be approximately $96,400 – 105,040. Full-time employees are also eligible for a comprehensive benefits package including but not limited to medical, dental and vision coverage; a 403(b) plan with employer contribution; a generous vacation, sick leave, and parental leave policy. More specific information about salary and benefits will be provided when and if an offer is extended. 

Approximately 70% of The Bronx Defenders' staff, including attorneys and non-attorneys, are represented by UAW Local 2325 - Association of Legal Aid Attorneys (AFL-CIO). This position is not within the bargaining unit. 

This position is exempt. By law, non-exempt employees are compensated hourly based on their annual rate and therefore are entitled to over-time, whereas exempt employees are not.