The Law Society of Upper Canada

Practice Lead, Discipline Counsel, Enforcement, Professional Regulation

CA-ON-Toronto
Job ID
2017-1462
# Positions
1
Job Type
Full Time
Years of Experience
10
Term
Permanent

OVERVIEW

JOB PURPOSE:

 

The Practice Lead is a prosecutor, legal authority and mentor who will lead and supervise a group of Discipline Counsel, Associate Discipline Counsel and Discipline Paralegals, and carry own file load in the area of legal specialization of factually complex files involving breaches of the rules of conduct and regulatory requirements.  These duties will include maintaining expertise in assigned issues as they emerge, developing templates and other resources to support the department in dealing with these issues, evaluating and recommending improvements in work product or processes, and providing advice to discipline counsel and paralegals with carriage of files involving these issues.  Examples of issues that may be assigned to the Practice Lead are: real estate and mortgage fraud; interlocutory suspensions; abuse motions; licensing of paralegals and lawyers; summary hearings; capacity hearings; and appeals and stays pending appeal.  The Practice Lead’s duties include full accountability for leadership, advice, guidance and substantive supervision to a team of Discipline Counsel, Associate Discipline Counsel, and Discipline Paralegals reporting to the position. 

 

QUALIFICATIONS REQUIRED:

 

  • You possess an LL.B. or J.D., plus a licence with the Law Society of Upper Canada, and are entitled to practise law in Ontario*.
  • The Practice Lead is required to prosecute regulatory matters concerning the conduct and/or competence of lawyers and paralegals both generally and specific to the area of specialization and other legally and factually complex matters. The incumbent requires 10 or more years’ direct experience in a private practice, litigation or regulatory environment, or a combination thereof.  In particular, the incumbent must have had significant litigation experience, ideally in front of both courts and administrative tribunals. Prosecution experience in the criminal courts would be considered an asset.
  • Experience defending or prosecuting sexual assault cases is required. 
  • In depth understanding of the Law Society’s mandate, services, legislation and policies.
  • In depth understanding, and ability to conduct research and analysis in factually and legally complex matters.
  • Knowledge of current trends and developments in the legal profession, their practical applications and prosecution techniques, including the rules of evidence.
  • Computer literacy, including word processing software, spreadsheet functions, and internet search capabilities.
  • Broad understanding of the application of technology preferably in a regulatory / legal environment.
  • Expressive and persuasive in both spoken and written language in prosecution of case files.
  • Ability to conduct hearings in French is an asset.
  • Able to reason through highly complex spoken and written information.

 *By submitting your application for employment, you agree to a clearance check of your regulatory history with the Law Society, and to the use of this information in assessing suitability for employment at the Law Society.

 

 

 

 

KEY ACCOUNTABILITIES

Client / Customer Service Planning 

 

  • Analyzes case requirements from a legal expertise perspective, and makes determinations with respect to legal strategy and evidence required to prosecute complex files, including assigned emerging issues. 
  • Reviews case files subject to investigation and discipline for substance, precedent and potential impact on current and future prosecutions, and provides leadership to case planning, prioritization and prosecution strategy. 
  • Provides substantive supervision to Discipline Counsel, Associate Discipline Counsel, and Discipline Paralegals, engaged in the execution of said files, monitors file execution, acting as mentor and expert legal resource, and providing guidance and informal liaison for Counsel and Paralegals with colleagues engaged in investigation and resolution activities, as appropriate.
  • Informs and consults with Special Counsel as required, including strategic decisions and high profile cases.
  • In conjunction with Enforcement Department Investigation Team Leads, provides advice on investigation files. 

Client / Customer Service Delivery 

 

  • Leads the prioritization and preparation of complex prosecutorial assignments, supporting a team of Counsel, Associate Counsel and Paralegals. 
  • Prosecutes serious and/or complex matters of conduct and competence relating to factually and legally complex matters, in particular, cases involving assigned emerging issues. 
  • Prepares witnesses, drafts documents, including agreed statements of fact and requests to admit, negotiates to narrow issues of fact and law, and attends at pre-hearings. 
  • Represents the Law Society in hearings and appeals before the Law Society Tribunal and in the courts, and communicates with Law Society staff and complainants regarding the process and disposition of cases.  

People Leadership

 

  • Fully accountable for substantive and operational supervision of Discipline Counsel, Associate Discipline Counsel, and Discipline Paralegals, reporting to the Practice Lead. 
  • Provides input to the Manager Enforcement Department and where appropriate, Special Counsel, regarding counsel hiring, development, performance, compensation and discipline decisions with department / division-wide implications. 
  • Provides expert advice and feedback to all direct reports seeking input on issues assigned to the Practice Lead in the preparation of work product as well as advice, guidance and coaching as necessary. 
  • Fosters a team environment by demonstrating leadership behaviour, empowering employees and building team capability, and proactively shares institutional knowledge with all discipline staff and other departments as appropriate. 

Research

 

  • Researches, analyzes and prepares threat assessments with respect to assigned emerging issues as they pertain to conduct, capacity, competency and licensing of lawyers and paralegals. 
  • Identifies links between lawyers and paralegals, case content and area of activity, and prepares recommendations for the purpose of current and future investigation, prosecution and related disciplinary actions in areas of assigned emerging issues and all areas. 
  • Evaluates incoming information, selects and interprets essential elements and correlates with existing data, and provides interpretation with respect to a full range of member activity patterns. 
  • As appropriate, works with other Regulatory staff to prepare analyses and reports regarding case trends and patterns. 

Policy Development

 

  • Identifies, informs and advises the Manager, Enforcement and as appropriate, Special Counsel, of the need for policy development or change in the areas of assigned emerging issues and other complex, challenging or emerging areas of legal prosecution. 
  • Plans and conducts legal research, and drafts policy changes related to the improvement of the Regulatory process in the areas of assigned emerging issues and other factually and legally complex matters. 
  • As requested, participates on Bencher committees and working groups, undertaking research in support of the policy development process, analysis of options and implications of same, and preparation of discussion papers. 
  • Interprets legal information and assesses the potential impact of policy decisions with respect to Professional Regulation, and provides leadership in the development of policies, best practices and training materials. 

Performance Goals, Targets and Standards

 

  • Leads the development of standardized practices, guidelines and procedures in the appropriate prioritization and disposition of files in the Discipline process from a legal and subject matter expert perspective. 
  • Conducts own caseload, and works with other members of the Enforcement department, as well as counterparts in other Enforcement departments and Special Counsel, as appropriate, to establish, monitor and continuously improve processes and case management performance targets. 

Team Membership

 

  • Works closely with the Manager, Enforcement, Special Counsel, as appropriate, and other staff and colleagues within the Professional Regulation division to refine the approach to coordinated prosecutorial and regulatory responses to identified issues involving a lawyer or paralegal.
  • Promotes sharing and transfer of knowledge and information within the department, and broadly throughout the division. 

 

COMPETENCIES

Service Orientation
 
The requirement to maintain a high standard of commitment, ethics, respect, care in service delivery to clients (internal and/or external). 

 

Communication and Interpersonal Skills
 

The requirement to structure and deliver effective verbal and written communication with clients, staff, licensees, the public, and others in a non-threatening and constructive way.

  

Team Orientation
 

The requirement to share responsibility for the achievement of team goals and the associated behaviours required for individuals to contribute effectively in a team environment. 

 

Continuous Improvement
 

The requirement to demonstrate an attitude that consistently strives to improve a standard of excellence for one’s self and for the benefit of the organization, its licensees and stakeholders. 

 

Problem Solving and Judgement

 

The requirement to identify and analyze problems, determine root causes, evaluate alternative solutions and take and/or recommend appropriate solutions.

 

Technical Competence / Professional Knowledge
 

The requirement to apply knowledge and skills to carry out the work and/or provide advice. This also includes the quality of advice given, as well as the requirement to make decisions in the best interests of the organization as a whole. 

 

Embracing Change
 

The requirement to work towards, embrace and lead change in the workplace. 

 

People Leadership
 

The requirement to behave with integrity, credibility and honesty when dealing with others, as well as the requirement to mentor and develop employee capabilities.

 

Options

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