Attorney

This position will be based in Philadelphia, Pennsylvania, or Washington, D.C. FIRE operates on a hybrid work schedule that allows for a mix of in-the-office and remote work days for eligible employees. This position is not eligible for fully remote work.

The Foundation for Individual Rights and Expression’s mission is to defend and sustain the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

Attorneys report to the Chief Supervising Attorney and work collaboratively in a supportive team with other attorneys and staff across other FIRE departments. In this role, you will litigate strategic First Amendment cases in support of FIRE’s mission. In addition to developing their own cases through each stage of litigation, FIRE attorneys are expected to serve as advocates outside the courtroom through media appearances, writing, and public speaking engagements.

• Identify matters for potential litigation;
• Recruit and vet potential plaintiffs;
• Draft memoranda and demand letters for pre-litigation matters;
• Draft pleadings, motions, briefs, and supporting documents;
• Develop strategies for cases;
• Direct discovery strategy, including drafting and reviewing discovery requests and responses;
• Review documents received in response to discovery or public-records requests;
• Take and defend depositions;
• Attend and participate in hearings, trials, and other proceedings;
• Work with paralegals to identify and negotiate with legal vendors for litigation services (e.g., court reporters, discovery vendors), as needed;
• Assist in drafting amicus curiae briefs;
• Work with the Communications team to promote and ensure accurate coverage of FIRE’s cases; and
• Assist in devising strategies for securing First Amendment rights in new and unique contexts.

• Conduct outreach to allied organizations;
• Regularly write for popular audiences and make media appearances; and
• Present at conferences or other speaking engagements.
• Supervise and mentor staff attorneys, litigation fellows, summer fellows, and semester law clerks.

This position involves approximately 20% of travel. However, travel requirements change depending on volume and location of cases. Nationwide travel is required. Occasional work on weekends and evenings should be expected.

Candidates must demonstrate a knowledge and passion for FIRE’s mission and an ability to articulate that passion in a way that will make others enthusiastic about our cause. A candidate must have a minimum of 6 years of civil-litigation experience and must also be able to demonstrate:

• Ability to articulate FIRE’s mission to various audiences;
• Excellent written and oral advocacy skills;
• Excellent legal research skills;
• Excellent editing skills, including providing actionable feedback to junior attorneys;
• Exemplary planning and organizational skills, including meticulous attention to detail;
• Excellent time-management skills and ability to manage a full caseload and handle dynamic and challenging situations;
• Ability to explain legal concepts to students and non-attorneys;
• Expertise in discovery rules and methodology;
• Expertise in the Federal Rules of Evidence and Civil Procedure;
• Expertise in conducting factual investigations into potential cases.

Candidates must have graduated from an ABA-accredited law school and be members of the bar of the jurisdiction in which they are based.

Applicants should provide a resume, cover letter, a prospective start date, contact information for at least two references, and three short (1–3 page) writing samples. Writing samples must reflect the applicant’s own work, demonstrating their best legal analysis and writing abilities, with minimal editing by others. All applications are confidential. Please address applications to Cait Scanlan, Chief People Officer.

Applicants must be legally authorized to work in the United States.

FIRE is an equal opportunity employer, and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability status, protected veteran status or any other characteristic protected by law.

As part of FIRE's hiring process, all candidates receiving a conditional offer of employment will be required to undergo a background check as permitted by and in compliance with federal, state, and local law.