The Law Society of Upper Canada

Investigation Counsel, Enforcement, Professional Regulation

CA-ON-Toronto
Job ID
2017-1503
# Positions
1
Job Type
Full Time
Years of Experience
7
Term
Permanent

OVERVIEW

JOB PURPOSE:

 

Conducts investigations in a professional manner, gathering, processing and analyzing evidence for possible breaches of Rules of Professional Conduct, By-laws and regulatory requirements.  Participates in the development of case plans and disposition proposals that are consistent with the Law Society’s public interest mandate, legislation and policies.  Provides legal advice and domain expertise to members of the Enforcement Department and the Professional Regulation Division. Engages in the timely, consistent and fair investigation of a wide range of issues relating to the professional conduct, competence and capacity of licensees. 

 

QUALIFICATIONS REQUIRED:

 

  • An LL.B. and a licensee in good standing with the Law Society of Upper Canada*.
  • As a domain legal expert with responsibility to independently undertake, plan and execute significant and complex investigations of licensees, the role requires a minimum of 7 years’ experience in specific areas of law, preferably real estate, but also including civil litigation and administrative law, gained through private practice, in a regulatory environment, or combination thereof.
  • Thorough understanding of the Law Society’s mandate, services, legislation and policies.
  • Extensive knowledge of specialized area of law, primarily real estate, but including civil litigation and administrative law.
  • Working familiarity with accounting practices and procedures.
  • Knowledge of current trends and developments in the legal profession, their practical applications and forensic investigation techniques.
  • Knowledge of a variety of dispute resolution techniques and their appropriate application.
  • Ability to manage a complex, multi-issue and diverse caseload.
  • Computer literacy, including word processing software, spreadsheet functions, accounting systems (general, trust), 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 facilitating resolution and disposition of complaints.
  • Able to reason through 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 Delivery

 

  •  Investigates serious and / or complex matters including professional misconduct, conduct unbecoming, competence, licensing, re‑qualification, capacity and unauthorized practice.
  • Prepares case plans, determining investigation strategies and evidence required to prove allegations of professional misconduct, and independently conducts investigations in accordance with case plans.  Identifies risk and conducts ongoing risk analysis.
  • Assesses the need for and recommends a variety of appropriate responses including, but not limited to, establishing practice controls, obtaining search and seizure orders, identifying potential candidates for remedial diversion initiatives, seeking out opportunities for alternative dispute resolution mechanisms where appropriate. 
  • Devises and implements plans of supervision with respect to licensee’s practices.  
  • Communicates with Law Society staff, complainants and licensees regarding the investigation process and disposition of cases, maintaining strict confidentiality of sensitive information at all times.
  • Follows procedural and administrative requirements with respect to searches and seizures, including obtaining necessary orders and the handling, cataloguing, securing and continuity of evidence gathered during an investigation. 
  • Interviews witnesses and prepares witness statements in accordance with legal requirements.  Prepares, and provides legal advice to other staff in the preparation of reports for the Proceedings Authorization Committee (PAC) related to non-discipline recommendations (i.e. Invitation to Attend, Letter of Advice and file closure) as well as other legal practice and other evidentiary matters. 
  • Prepares clear, brief and comprehensive Investigative Reports and Investigator Key Document Book. Assists Discipline Counsel in the preparation of cases for hearings, testifying as a witness in court and regulatory proceedings as required. 


Performance Goals, Targets and Standards

 

  • Contributes to and participates in the development of standardized practices, guidelines and procedures for the appropriate confidentiality, conduct and disposition of investigations files from a legal perspective.
  • Manages own caseload, meeting targets for production and timeliness of investigations and works with and advises other members of the Enforcement Department, as well as counterparts in the Professional Regulation Division to establish, monitor and continuously improve processes and case management performance targets. 

 

Policy Development

 

  • Identifies, informs and advises the Manager and Team Managers of the Enforcement Department of the need for policy development and/or policy change(s) based on analysis of legal issues encountered during investigations.
  • As a domain expert, continually assesses policies and procedures, and identifies opportunities for policy development or change in regulatory procedures.

 

Team Membership

 

  • Promotes the sharing and transfer of knowledge, applicable standards and information amongst members within the Enforcement Department and Professional Regulation Division. 
  • Works with and shares expertise with other regulatory bodies, other legal organizations, and lawyers from other departments, including Discipline Counsel.

 

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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