The Law Society of Upper Canada

Discipline Counsel, Enforcement, Professional Regulation

CA-ON-Toronto
Job ID
2017-1469
# Positions
1
Job Type
Full Time
Years of Experience
7
Term
Permanent

OVERVIEW

JOB PURPOSE:

 

Discipline Counsel represent the Law Society in various regulatory proceedings, appearing before the Law Society Tribunal Hearing and Appeal Divisions, and in the courts in appeals and judicial review applications.

 

QUALIFICATIONS REQUIRED: 

 

  • An LLB and a membership in good standing with the Law Society of Upper Canada*.
  • As Discipline Counsel is expected to work independently, conducting a variety of hearings and prosecutions, the incumbent is expected to have a minimum of 7 years’ litigation experience with excellent advocacy and negotiation skills, and sound judgment.  Experience gained in a professional regulation context would be advantageous. 
  • Experience in Indigenous law will be considered an asset.
  • In‑depth understanding of the Law Society’s mandate, services, legislation and policies
  • Thorough knowledge of investigation practices, rules of evidence and admissibility of records
  • Litigation skills for appearances before bencher panels and the judiciary
  • Basic computer literacy, including familiarity with word processing.
  • Reason through complex spoken and written information
  • Expressive and persuasive in both spoken and written language for individual and / or group situations.
  • The incumbent may be required to travel locally to attend meetings at licensee’s offices and occasional travel within the province to interview witnesses or attend hearings outside of Toronto.

 

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

 

KEY ACCOUNTABILITIES

Client / Customer Service Delivery 

 

  • Prepares for hearings, including developing case strategy, assessing evidence, providing direction to investigation teams concerning any necessary reinvestigation and prosecutorial issues arising out of problems in investigations, preparing witnesses, drafting documents, negotiating to narrow issues of fact and law, and attending prehearings. 
  • Prepares memoranda for the authorization of proceedings. 
  • Represents the Law Society in hearings and appeals. 
  • Communicates with Law Society staff and complainants regarding the process and disposition of cases. 
  • On occasion, represents the Law Society in court in circumstances in which employees or Law Society material are summonsed. 

Policy Development 

 

  • As directed by Senior Counsel and Manager, Discipline, or by their Practice Lead, initiates, researches, and recommends appropriate policy changes related to the improvement of the Regulatory process. 
  • Participates on Bencher committees and working groups. 

Performance Goals, Targets and Standards 

 

  • Contributes to and participates in the development of standardized practices, guidelines and procedures for the prosecution of discipline files.
  •  Conducts caseload as directed by Senior Counsel and Manager, Discipline, or by their Practice Lead, ensuring compliance with caseload priorities and time lines, strategy and conduct of prosecutions. 
  • Works with other members of the Discipline Department, as well as counterparts in the Regulatory Division to establish, monitor and continuously improve processes and case management performance. 

Team Membership 

 

  • Promotes the sharing and transfer of knowledge, applicable standards and information amongst members of the Discipline Department and Professional Regulatory Division.
  • As directed, works with and shares expertise with other regulatory bodies, other legal organizations. 

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.

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