Job Responsibilities
Your main job is to protect and defend the public fisc and the
interests of the United States in various tax and tax-related
cases throughout the Federal district and bankruptcy courts, as
well as the very occasional state-court probate case. You will
prosecute and defend cases, and have a docket of about 40-60
cases, on average. You will only take about 5% or fewer cases
to trial, winning most on motions and oral argument.
You will be a litigator, but the subject will be in the tax
realm. You will use the rules of civil procedure as much or
more than you use the tax code. You do NOT need to know tax;
your client, the IRS, has that responsibility, and is charged
with making you knowledgeable about your subject material for
that case. But do take responsibility to check and thresh out
any advice they give you.
You will take a large number of depositions, say 20 or more per
year (large in comparison to how many you would be taking if you
were at the same year in private practice). You will write all
of your own briefs, but samples abound. You will argue your own
cases, but appeals are handled in our Appellate Division. When
you get to trying a case, they will add another attorney onto
the case to assist. Most cases you will handle on your own, at
least for record purposes, but everyone helps out with legal
analysis if you will ask them to. If you have a big, notable
case, at least two attorneys will be assigned. If it is a
really important case, you will work with one of the three
Senior Litigation Counsels on your case. (They are the big dogs
here at DOJ, and are above the pay grade of the attorneys.) You
will travel about 25% of the time.
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Job Requirements
You must have a identifiable interest in civil litigation. A
tax class is required (I was in my first tax class when I
applied and was interviewing for the job). You must have an
expressed interest in travel. You must be good on your feet,
and be articulate. You must not be afraid to step up in court
and address the judge and argue your position with well thought
out arguments and analysis.
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Uppers
You are treated like a sole-practitioner, and will control your cases. No one
is trying to make partner, so everyone will help you out with your cases, your
analysis, and your research if you just ask. No one wants to reinvent the wheel,
here. Help and assistance abounds.
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Downers
You will make about 1/2 to 2/3 of the money you would make in
private practice, at your year/level.
In DC, first years in private practice make about $125K, plus
bonus. By the fourth year, they are making $175K, plus bonus.
At DOJ, by the fourth year you are at GS-14 ($92k) and are
creeping up on GS-15 ($108K).
Also, the litigation assistants (secretarys) are a mixed bag.
Some are excellent and thorough; others you have to continually
check up on, to make sure your documents were copied and mailed
properly.
There are only two paralegals per section, so in the Tax
Division of 300 attorneys, there are only 12 paralegals.
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Lifestyle
Depending upon your region, you will either wear a business suit (all regions
but Western), or casual Friday wear (Western).
You will work about 50 hours per week, but will significantly increase your
hours when prepping for depositions or trials. My longest week ever was 90
hours, but that was while I was on the road taking depos in a very big/important
case, which required a lot of time and thought. I average 50-55 hours a week
most weeks. A lot of people here get away with working 40 hours a week, but that
will impact the type and significance of the cases you get. The harder you work,
the better your docket will be, case-wise. Number-wise, you will have a similar
load as the other attorneys. If you are on a significant case which demands a
lot of time, you Chief will recognize that and not assign you new cases, or at
least any serious cases, until your load lightens. They're not here to kill you.
If a family function comes up, you will make it. Seriously. You will take all
of your vacation, as you have scheduled it. Other attorneys will watch your back
and cover hearings for you during this time if you need it. This happens all the
time.
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Compensation
If you are a lateral hire, you will likely come in as a GS-14.
If you come in through the Honors program, you will be GS-11 for
six months, then GS-12 for a year, then GS-13 for a year, then
GS-14 for a year to 18 months, then GS-15. The base salaries
vary a bit year-to-year, averaging about a 3.5% increase in base
salary due to inflation, and that increase comes at the
President's discretion (so some years it comes very late, but is
retroactive to the first pay period of the year). You can do an
internet search to find out what the pay rates are at the
present time. Be sure to look for the "Washington DC area" for
the locality pay upgrade. As of 2006, a GS-14 made $92k in DC.
Once you reach GS-15, you will step along the pay scale in small
increments of a few thousand a year (where before you were
jumping grades at 10-20k per jump). There is no bonus plan, but
if you get the AG's Outstanding Attorney award you get about
$3600 in lump sum (you will usually get the award for winning a
big case). You do get a health plan, life insurance, 13 days
vacation, 13 days sick time, and the 13 federal holidays. There
is also a 401(k) plan, with the DOJ matching your first 5%
contribution.
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Advice to Jobseekers
Applicants: Have a demonstrated interest in litigation, a
willingness to travel, an ability to write persuasively, a
conservative suit for the interview, smile and remember the
names of your interviewers (if you forget their names, say that
before you forget to ask, do they have a business card?), be
able to talk about everything on your resume, listen to the
questions asked and answer them directly, be clear and concise
in your answers to questions, be able to demonstrate an interest
in tax by having taken at least one tax course, have fun, have
questions to ask, write a thank you letter or even an email. If
you have your interview in Main Justice, go down to the DOJ
Store to get some clothing, cufflinks, etc. to give you your
family and friends. If you don't get the job, you will at least
have mementoes that no one else will have had access to.
New hires: Ask questions. You are not here to reinvent the
wheel. Discuss your cases with your colleagues. Get samples
from them. Take advantage of training opportunities, and get
down to the DOJ's National Advocacy Center for the Civil Trial
Advocacy course. (The NAC offers a lot of courses. The DOJ pays
you to travel there and attend them, so take full advantage.
The teachers are senior DOJ lawyers, AUSAs, and big names in the
field. They are very skilled. The Civil Trial Advocacy course
is presided over by actual Federal district court judges, so you
get great critiques of your trial skills. Don't miss this
opportunity.) Network with your bosses and the IRS attorneys
you work with. There is institutional memory, so treat people
with respect--your reputation will preceed as well as follow
you. Ask for the big cases. Work as hard as you can and your
efforts will be recognized and rewarded.
Outlook: Business is booming, and great, big cases are coming
down the pipeline. If you are a hard worker, you will get the
chance to help litigate these cases.
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