Trial Attorney-Consumer Protection Branch (Civil Defensive)

Washington, D.C
Oct 01, 2022
Oct 08, 2022
Full Time

The Consumer Protection Branch is seeking a Trial Attorney to specialize in representing the United States in a range of civil defensive litigation. Advancing the Branch's mission to safeguard Americans' health, safety, economic security, and identity integrity, the selected Trial Attorney will defend the Food and Drug Administration, Consumer Product Safety Commission, Federal Trade Commission, and other consumer protection agencies in district courts throughout the country. This work includes cases challenging, under the Administrative Procedure Act and U.S. Constitution, agency actions related to food, drugs, medical devices, tobacco, and other consumer products, as well as significant agency policies and programs. These cases typically involve complex legal issues regarding the Federal Food, Drug, & Cosmetic Act, the Tobacco Control Act, the Public Health Service Act, the Federal Trade Commission Act, and the Consumer Product Safety Act. Recent examples include the defense of: emergency use authorizations related to COVID-19 vaccines; denials of applications to market flavored e-cigarettes; determinations regarding menthol as a characterizing flavor in cigarettes; approvals of applications to market generic versions of brand-name drugs; and a rule regarding the importation of prescription drugs. The Trial Attorney will engage in all phases of litigation, preparing briefs and representing the United States in court, while working closely with agency partners.

In addition, the Trial Attorney hired under this announcement will have the opportunity to engage in the Branch's affirmative civil litigation. Working with U.S. Attorneys' Offices and federal law enforcement partners, the Trial Attorney will advance investigations using civil investigative tools, prepare pleadings, and litigate motions and trials. Areas of enforcement emphasis for the Branch include: the prescription opioid crisis, adulterated and misbranded food, drugs, and medical devices; fraud schemes affecting vulnerable individuals; deceptive trade practices and privacy violations; and hazardous consumer products.

The Trial Attorney also will be able to review and opine on policy matters and legislative proposals related to public health and safety; advise U.S. Attorneys' Offices on potential actions under the Federal Food, Drug, and Cosmetic Act and other federal laws; engage with Department leadership; and participate in training offerings and events.

As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.


Conditions of Employment

  • Must be a U.S. Citizen or National
  • You will be required to complete a pre-employment security investigation and background check which includes a drug screening.
  • Selective Service registration is required for males born on, or after, December 31st 1959. Those not registered should have an approved exemption on file.
  • May require completion of a fourteen month trial period
  • Must be able to obtain and maintain a Top Secret security clearance with eligibility for Sensitive Compartmented Information (SCI) access depending on organizational assignment / duty location.
  • Financial Disclosure: If selected, you may be required to disclose financial information in accordance with DOJ and Federal ethics guidelines.


Applicants must have a J.D. degree earned through graduation from a full course of study in a School of Law accredited by the American Bar Association and be a member in good standing of the bar of a state, territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Applicants must have at least four years of post J.D. experience to qualify at the GS-15 level. You must also be a U.S. citizen.

Applicants must have excellent writing and oral advocacy skills, as well as superior interpersonal abilities. Successful applicants will be highly motivated, exhibit sound judgment and creativity, and have active litigation experience. Prior APA litigation experience and judicial clerkship experience is strongly preferred.

Time-in-Grade: Federal employees must meet time-in-grade requirements for consideration.


All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see


Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at .

All documentation must be in English or include an English translation. .

Additional information

Veteran Preference: If you are entitled to or claim veterans' preference (VP), you should indicate the type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at: .

There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation ( e.g. , the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veterans' Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s).

DOJ EEO Statement/Policy:

Reasonable Accommodation Statement: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Schedule A: DOJ welcomes and encourages applications from persons with disabilities and is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department. DOJ also encourages eligible Schedule A applicants to submit their resumes to, and reference "Federal Career Opportunities" in the subject line. Additional information is found at: .

Selective Service: If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law. Additional information is found at: .