Clarification from the agency

This position is open to U.S. Citizens and U.S. Nationals

Subject Area Responsibility
The Deputy General Counsel (GC) for Business Affairs is primarily responsible for legal issues involving complex transactions, intellectual property, revenue generation, advancement, nonprofit tax, and sponsored projects. This includes assuming primary responsibility and oversight for Office of General Counsel advice on a broad array of questions pertaining to: complex business transactions; copyright, fair use, and reproduction issues arising from access to, and use of, Smithsonian (SI) and other owners' collections and other content; registration and protection of a broad portfolio of Smithsonian trademarks; gifts, bequests, and other contracts and agreements, including development of template licenses and agreements; compliance with nonprofit tax laws and regulations; and development of policies pertaining to digitization, open access, new technologies, standardized rights management systems and related issues.  Incumbent is also responsible for certain other areas and special projects as agreed upon with the Chief Legal Officer. These areas may change over time and will be reviewed at least annually.

Direction, Coordination and Review of Legal Matters
The Deputy GC for Business Affairs assists and supports the Chief Legal Officer, as requested:

1. Leads, directs and coordinates the handling of legal matters, in areas of responsibility, including overseeing work assignments and attorney workloads, applying legal and personal judgement to ensure that each matter is handled with excellence;

2. Ensures that legal advice receives appropriate review and/or approval prior to dissemination;

3. Prepares reports on important legal matters for the Regents, the Secretary and/or senior management;

4. Reviews and conducts final clearance of Smithsonian Policy Directives in areas of responsibility;

5. In collaboration with other senior attorneys, participates in and makes significant contributions to executive decisions affecting all aspects of the Smithsonian’s policies, programs, and priorities;

6. Disseminates legal updates and general guidance to Smithsonian employees through various means;

7. Reviews completed and non-routine work, as appropriate, for consistency with previous advice from the Office of General Counsel, legal sufficiency, established policy and overall effectiveness;

8. Reviews reports prepared by attorneys and compiles a report for the Chief Legal Officer with information to be provided to the Regents, the Secretary, and other senior management, as appropriate;

9. Advises on the application of judicial decisions and executive branch directives and regulations to Smithsonian operations within areas of responsibility;

10. Provides needed assistance and guidance in the negotiation, execution and administration of contracts;

11. Establishes and maintains contacts with officials, within and outside the government, with respect to important legal questions and issues affecting SI in areas of responsibility.

Management and Professional Development of Legal Staff 
The Deputy GC for Business Affairs is primarily responsible for the following:

1. Distributes and oversees work assignments to attorneys, including matters sent to LegalHelp, and meets with attorneys, as needed, to discuss progress and workload;

2. Ensures appropriate distribution of workload among attorneys and manages any necessary re-allocation as circumstances dictate;

3. Mentors attorneys to ensure their continued growth;

4. Ensures appropriate recognition of attorneys and staff for exceptional performance;

5. As requested, coordinates enrichment programs, including extending invitations to Smithsonian staff and external speakers to present at weekly staff meetings or other special meetings;

6. Assists the Chief Legal Officer, as needed, in establishing and administering guidelines for advancement and professional development opportunities for attorneys and staff;

7. Participates in the planning of office retreats, as requested, and promotes morale, in coordination with other senior lawyers.

Office Administration and Operations
The Deputy GC for Business Affairs assists the Chief Legal Officer with matters including recruiting and hiring attorneys and support staff, other HR matters, and office policies and procedures, including teleworking and leave policies.  Also assists, as requested, with oversight of outside counsel.

Supervisory Responsibilities
The Deputy GC for Business Affairs directly supervises associate and assistant general counsels and indirectly supervises paralegals and administrative staff who support areas of responsibility, as determined by the Chief Legal Officer.  Reviews and revises attorneys’ performance plans, conducts performance appraisals, and decides on and/or recommends personnel actions such as promotions, awards and disciplinary actions. Fully supports SI equal opportunity and diversity goals and objectives. Attends required supervisor training.

Conditions of employment

• Pass Pre-Employment Background Investigation
• May need to complete a Probationary Period
• Maintain a Bank Account for Direct Deposit/Electronic Transfer
• Males born after 12/31/59 must be registered with Selective Service

See below for requirements. 

Qualifications

There is no OPM qualification standard established for positions in the General Attorney 0905 series, and agencies may establish their own standards for these Excepted Service positions. The Office of Human Resources, Office of General Counsel, Office of the Inspector General, and Office of Contracting and Personal Property Management established the following qualifications criteria for Smithsonian attorney positions:

A. Qualified candidates must (1) possess a Juris Doctor (J.D.) from a law school accredited by the American Association of Law Schools, and (2) be a member in good standing of the Bar of a State or the District of Columbia.

B. In addition to the requirements above: 

Applicants must have at least one year of specialized experience at the GS-15 grade level or equivalent. This experience may include working as a licensed attorney with relevant responsibilities in the areas of transactional matters with an emphasis on business transactions, intellectual property, revenue generation, advancement, digitization, nonprofit tax, and sponsored projects.

Applicants must demonstrate skill in analyzing substantive legal, administrative and policy issues necessary to evaluate and advise on transactional matters including complex business agreements, intellectual property, gift agreements, and other revenue-generating transactions.

Applicants must also demonstrate skill in drafting, reviewing, and negotiating agreements, deal memos, term sheets, advice memoranda, solicitations for outside counsel and other materials necessary to enable the Smithsonian to successfully undertake complex transactions, research activities, and international projects.

Applicants must demonstrate experience in leading and managing staff and in serving as an advisor to senior decisionmakers.

Applicants must also demonstrate the ability to evaluate legal, ethical and administrative issues associated with research activities, including international projects, with emphasis on analyzing and applying relevant laws and navigating governance issues. Experience coordinating with outside counsel is valuable, as is experience handling export control issues. 

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

The qualifications listed in this document will be used along with candidates' resumes and  responses to the questions posed in the electronic application process to determine which candidates will move forward in the evaluation process.  When crafting responses to the questions, please provide concise, detailed information on your background and experience. 

Important Note:
Your resume and supporting documentation will be compared to your responses to the occupational questionnaire or other assessment tool for consistency.  If a determination is made that you have rated yourself higher than supported by your resume, you will be assigned a rating commensurate with your described experience. Your resume should provide sufficient information regarding how your education and experience relate to the major duties and qualifications criteria listed for this position.

PART-TIME OR UNPAID EXPERIENCE: Credit will be given for appropriate unpaid work on the same basis as for paid experience. Part-time experience will be credited on the basis of time actually spent in appropriate activities. To receive credit for such experience you must indicate clearly the nature of the duties and responsibilities in each position held and the average number of hours per week spent in such employment.