TENTATIVE

Occ. Code 6504300

SENIOR TRIAL ATTORNEY, GRADE 26

New York State Department of Civil Service

Classification Standard

BRIEF DESCRIPTION OF CLASS

            Positions in this series represent the New York State Insurance Fund in premium collection and claims litigation cases involving substantial financial and legal issues.  Incumbents administer the heavier legal caseloads and oversee subordinate Senior Attorneys.

            These positions are found only at the New York State Insurance Fund (SIF).

DISTINGUISHING CHARACTERISTICS

            SENIOR TRIAL ATTORNEY:  represents SIF in difficult premium collection and claims litigation, and in insolvency proceedings; and oversees Senior Attorneys.

RELATED CLASSES

            Insurance Fund Hearing Representatives prepare and present workers' compensation claims cases at hearings before Compensation Law Judges or the Workers' Compensation Board and represent the SIFs position at such hearings.

            Senior Attorneys provide legal assistance and support to agency program administrators by analyzing legal opinions, briefs and other material, preparing memoranda of law and conferring with administrators or parties to legal action to mediate, negotiate or settle legal issues directly related to the agency's program.  Senior Attorneys function either as specialists in a single program governed by law or in a more general atmosphere as evidenced by their concern with laws governing numerous programs.

ILLUSTRATIVE DUTIES

Interview the expert witnesses, and parties to pending litigation, for discovery proceedings, trial, and certain hearings.

Coordinate discovery proceedings and examinations before trial.

Compile and serve complaints, and review responses.

Represent SIF at pre-trial conferences administered by judges and officers of the various courts to attempt to define and settle the issues of specific legal cases.

• Review all relevant claims, underwriting, and premium audit documents.

• Consult with expert witnesses.

Prepare SIFs legal case for litigation if parties fail to reach a settlement at pre-trial conferences.

• Compile motions for summary judgments and/or responses to motions made by the defendant(s), as well as responses to requests for discovery.

• Prepare expert witnesses for testimony.

Oversee the preparation of judgments after trials. 

• Arrange for payment of necessary bills incurred in litigation.

• Arrange for collection of monetary judgments through the use of legal devices such as restraining notices, Department of Motor Vehicle searches, and property executions.

·         Represent SIF in all insolvency proceedings to ensure that claims against an insolvent policyholder or unpaid premium are adequately protected with regard to the claims of other creditors.

Review records after a legal decision has been rendered and, if unfavorable, recommend whether SIF should file an appeal against the judgment ordered.

MINIMUM QUALIFICATIONS

Promotion:  one year of experience as a Senior Attorney.

Date:  3/10

            NOTE: Classification Standards illustrate the nature, extent and scope of duties and responsibilities of the classes they describe.  Standards cannot and do not include all of the work that might be appropriately performed by a class.  The minimum qualifications above are those which were required for appointment at the time the Classification Standard was written.  Please contact the Division of Staffing Services for current information on minimum qualification requirements for appointment or examination.