Staff Attorney - Civil Liberties

The Electronic Frontier Foundation is looking for a full-time litigator to join our team of attorneys dedicated to promoting civil liberties and ensuring that our rights and freedoms are enhanced as our use of technology grows. We’re looking for an excellent writer who thinks big and creatively about how impact litigation can advance human rights and justice in the digital world.

We value candidates who bring diverse experiences and perspectives, professional and otherwise, to our team and to EFF as a whole. If you believe you can add value to EFF’s legal team, please apply.

What You’ll Do:  Most staff attorneys at EFF are litigators first and foremost. If you’re hired, you will have the opportunity to work on all aspects of impact litigation, including case development and management, working with clients, collaborating with outside organizations, and writing amicus briefs for cases in state and federal courts in the U.S. and abroad.

EFF staff attorneys advocate in other ways as well. You will be consulting on legislative and regulatory matters; counseling public interest clients, security researchers, and outside attorneys; speaking to the public and the press on our issues; and writing for EFF’s blog and social media. Don’t worry if you don’t already have experience with these aspects of the job – we will help you develop these skills.

The following skills are required:

• Excellent legal and non-legal writing and analytical skills, with experience drafting dispositive motions and/or appellate briefs.
• Experience managing day-to-day projects and deadlines.
• An eagerness to be part of a team of highly motivated lawyers and activists working collaboratively in a nonprofit environment.
• Knowledge and understanding of EFF’s mission.
• Commitment to public interest law.

Also required is familiarity with and some litigation experience in one or more of the subject’s on EFF’s civil liberties docket, including:

• First Amendment and free expression.
• Fourth Amendment and privacy.
• National security.
• Civil rights.
• Issues at the intersection of technology and the public interest, especially those issues involving emerging technologies, such as artificial intelligence.

Experience: 3-5 years.

The following skills and experience are highly desirable:

• Security research, data collection and management, or evolving technologies.
• Devising and carrying out case strategy, at the trial and/or appellate levels

This position is based at EFF’s offices in San Francisco with the ability to work from home several days per week as determined in collaboration with the Legal Director. Because we are highly collaborative and value our in-person time together, applicants seeking to work remotely full-time will not be considered.

As an advocacy organization, EFF is committed to being part of a diverse community. Diversity of life experiences makes a big difference in how we identify and litigate legal issues, design privacy-enhancing software, and organize our activism. To that end, we deliberately seek applicants with different perspectives, identities, and experiences to build an inclusive workplace to better inform our advocacy and defense of freedom in our digital world. EFF is an equal opportunity employer and encourages people of all races, genders, ages, abilities, orientations, ethnicities, and national origins to apply.

Pursuant to the San Francisco Fair Chance Ordinance, we will consider for employment qualified applicants with arrest and conviction records.

EFF is looking to fill this position as soon as possible so please submit your application promptly, and no later than Friday June 30, 2023. Please know we value hearing about you, so applications without a cover letter will not be considered.

Detailed Job Description

Position Summary

Staff Attorneys advance digital rights by means of integrated legal advocacy, including: developing and prosecuting substantive lawsuits, filing amicus briefs, counseling clients, enforcing public records requests, lobbying legislators, communicating with the general public, helping develop EFF policy, and supporting the work of EFF’s activists and technologists.

Essential Functions:

• Managing all aspects of litigation, including:
  • case and issue identification; factual development and investigation; legal research and writing; client identification and communications; co-counsel identification and communications where needed; and formulation of legal strategy;
  • litigating in federal and state courts, including meeting and management of deadlines; researching and drafting pleadings; client relationship-management and communication; coordinating and communicating with attorneys outside EFF (opposing counsel, co-counsel, parties’ counsel, etc); identifying and coordinating with outside experts and amici curiae; and court appearances and oral argument;
  • coordinating with other teams at EFF concerning interests implicated by litigation; formulating press strategy;
  • submitting amicus briefs in non-EFF litigation
• Developing and communicating EFF policy positions, including:
  • identifying and articulating policy positions on emerging tech issues;
  • coordinating and participating in discussions across teams and subject-matter experts at EFF, including through participation in the EFF working group process, on the development of policy;
  • factual and legal research and writing;
  • collaborating with other stakeholders (NGOs, companies, academics) and subject-matter experts outside EFF on the development of, and advocacy for, EFF policy;
  • communicating policy positions to the public through blog posts, white papers, or providing commentary to the press;
  • communicating policy positions to government through testimony, formal comments, or other direct or indirect communications (e.g., administrative/regulatory rulemakings, lobbying)
• Counseling clients on non or pre-litigation matters:
  • conducting intake of potential clients;
  • identifying legal issues, conducting legal research, and assessing legal risk for clients;
  • communicating risks to clients and counseling about legal options and alternatives for avoiding risks;
  • maintaining communication and relationships with clients; addressing questions and concerns clients have;
  • communicating with adverse parties (e.g., responding to demand letters)
• Communicating EFF positions to the public, including:
  • providing spoken and written commentary to the press about EFF issues;
  • speaking about EFF issues at conferences, schools, or other public events;
  • writing about EFF issues for the public, including in blog posts, editorials, etc.;
  • maintaining dialogues and relationships with stakeholders (other NGOs, companies, government officials or employees, academics, private attorneys) working on issues relevant to digital rights
• Organizational, administrative, and other support, including:
  • attending and contributing to team meetings;
  • providing summary of work, on a quarterly basis, for board book;
  • providing feedback, input, advice, or legal review to other members of the legal team or other teams at EFF;
  • coordinating interns and/or supervising their work;
  • travel;
  • tracking time for reporting lobbying hours and obtaining fees in litigation

Qualities We’re Seeking (i.e. Competencies)

In addition to legal and policy expertise, staff attorneys must have:

• Experience and enjoyment exploring and advocating on digital rights issues.
• Strong time management skills.
• High level of organization, attention to detail, and follow-through.
• Ability to work independently.
• Excellent research, analysis, written and verbal communication skills
• Excellent judgment, especially when dealing with complex policy issues and unexpected questions.
• Must demonstrate care and respect toward coworkers, outside partners, members of the public, donors, and others with whom this role interacts;
• Must work to positively and collaboratively resolve conflicts and overcome challenges
• Must be able to understand and articulate with accuracy EFF’s mission, positions, and work
• Must be available and responsive to colleagues, outside partners and others over email, phone, and online chat, with the ability to respond and reliably to time-sensitive requests for assistance and opportunities during agreed upon work hours;
• Contribute to the creation of a diverse, equitable and inclusive work culture that encourages and celebrates differences including race, ethnicity, age, gender identity and expression, sexual orientation, religion, disability and socio-economic circumstance

Required Education & Experience

• Law degree
• California Bar admission (which may occur after being hired by EFF)

Preferred Education & Experience

• At least three years litigation experience.

Classification: Exempt, union, full-time

Compensation: $125,000 - $145,000 DOE

Expected hours of work: Typically Monday - Friday

Reports to:  Either an Assistant Director or a Director on the Legal Team

Supervisory responsibilities: None formally, but may supervise interns on specific projects

Physical Demands:  This position requires the ability to lift up to 5 lbs on occasion.

Travel:  EFF hosts two one-week all-staff gatherings at our San Francisco offices each year in the spring and fall, and all staff are expected to attend. There will also be opportunities to attend relevant professional conferences remotely or in person.

Location:  This position is based at EFF’s offices in San Francisco with the ability to work from home several days per week as determined in collaboration with the Legal Director.

Commitment to Diversity

As an advocacy organization, EFF is committed to being part of a diverse community. Diversity of life experiences makes a big difference in how we identify and litigate legal issues, design privacy-enhancing software, and organize our activism. To that end, we deliberately seek applicants with different perspectives, identities, and experiences to build an inclusive workplace to better inform our advocacy and defense of freedom in our digital world. EFF is an equal opportunity employer and encourages people of all races, genders, ages, abilities, orientations, ethnicities, and national origins to apply.

Pursuant to the San Francisco Fair Chance Ordinance, we will consider for employment qualified applicants with arrest and conviction records.