Law Society of Ontario

  • Forensic Auditor, Investigation Services, Professional Regulation - contract to July 31, 2019

    Job Location CA-ON-Toronto
    Job ID
    2018-1624
    # Positions
    1
    Job Type
    Full Time
    Years of Experience
    5
    Term
    1-year contract
  • OVERVIEW

    JOB PURPOSE

     

    The Forensic Auditor is an Accounting Specialist engaged in the timely, consistent investigation of a wide range of issues relating to the professional conduct and competence of lawyers and paralegals (“licensees”), in accordance with the Law Society’s public interest mandate, legislation, by-laws and policies.  This includes independent planning, conduct and closure of investigations in a manner consistent with forensic accounting practices, identifying potential breaches by licensees of the Society’s regulations regarding the maintenance of proper accounting records, investigating mortgage fraud, estates, conflict of interest, and other issues, and providing recommendations regarding further pursuance of files, including settlement and/or discipline of licensees.  In addition, the Forensic Auditor is required to act as expert witness at legal proceedings, provide key testimony in court and regulatory proceedings, and may initiate practice controls during an investigation.

     

    QUALIFICATIONS REQUIRED

     

    • A university degree, or equivalent training and / or experience, coupled with a professional accounting designation, and membership in a recognized Canadian professional accounting body.
    • As the Forensic Auditor is required to investigate the propriety of complex financial transactions to determine compliance with strict regulatory accounting obligations, the incumbent is required to have a minimum of five (5) years’ forensic experience, preferably in a regulatory environment.
    • The incumbent is required to work out of the office on a regular basis, attending at licensees’ offices.  A few times per year the incumbent may be required to stay out of town while on an investigation for up to one week at a time.
    • Solid understanding of the Law Society’s mandate, services, legislation and policies.
    • In depth understanding of current trends and developments in accounting practices, their practical applications and forensic investigation techniques
    • Knowledge of a variety of dispute resolution techniques and their appropriate application.
    • Computer literacy, including word processing software, advanced spreadsheet functions and accounting system software.
    • Broad understanding of the application of technology preferably in a regulatory / legal environment.
    • Expressive and persuasive in both spoken and written language in the collection of evidence and facilitation and resolution and disposition of complaints.
    • Concise, well organized writing skills in the preparation of a full range of investigative documents and memoranda which may form the basis for disclosure to Discipline Counsel and agreed statement of fact.
    • Analytical skills to reason through complex spoken and written information.

    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. 
    • Independently plans, conducts and makes recommendations for the disposition of a variety of serious and complex investigative assignments relating to professional conduct and competence, either as a member of an investigation team or as sole investigator. 
    • Identifies risk and conducts ongoing risk assessments.
    • Applies the principles of forensic auditing and fraud detection to the investigation and resolution of matters involving allegations of misuse or mishandling of client property entrusted to lawyers. 
    • Develops case files to prosecutorial and evidentiary standards, including authorization memos, Investigation Reports, and in the event of prosecution, acts as expert witness at legal and administrative proceedings. 
    • Assesses the need for and makes recommendations with respect to resolution of investigation files, including but not limited to, establishment of practice controls, seizure of lawyer practices, freezing of lawyer trust accounts, payments made by the Compensation Fund, and license revocation.
    • Identifies potential candidates for remedial diversion initiatives, seeking out opportunities for alternative dispute resolution and settlement of investigations files. 
    • Assists Discipline Counsel in the preparation of cases for hearing and testifies as a witness, as required.
    • Follows procedural and administrative requirements with respect to handling, cataloguing, securing and continuity of evidence gathered during an investigation.
    • Interviews witnesses and prepares witness statements.
    • Prepares reports for the Proceedings Authorization Committee (PAC) related to non-discipline recommendations (i.e. Invitation to Attend, Letter of Advice and file closure). 
    • Prepares clear 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. 

    Policy / Regulatory Compliance

     

    • Examines and audits accounting records and files maintained by a licensee, identifying issues of compliance with rules, regulations, bylaws and policies. 
    • Follows procedural and administrative requirements with respect to searches and seizures, including the handling, cataloguing, security and control of evidence gathered during a forensic investigation. 

    Performance Goals, Targets and Standards

     

    • Contributes to the development of standardized practices, guidelines and procedures in the appropriate conduct and resolution of investigations files from a forensic accounting perspective. 
    • Conducts own caseload, and works with other members of the Investigation Services Department to establish, monitor and continuously improve processes and case management performance targets. 

    Policy Development

     

    • As a member of the Investigation Services Department, continually assesses policies and procedures, and identifies opportunities for policy development or change in areas related to investigative activity. 
    • Participates in the development of policy when assigned. 

    Team Membership

     

    • Promotes the sharing and transfer of knowledge and information amongst members of the Investigation Services Department and Professional Regulation. 
    • Acts as an expert witness and advisor in the prosecution of forensic audit case files.

    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.

     

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