Associate Counsel, Regulatory Services, Professional Regulation - 12-month contract/secondment (Hybrid, Toronto)

JOB PURPOSE:

Associate Counsel, Regulatory Services, maintains primary carriage of cases in Trustee Services, Regulatory Compliance and the Compensation Fund, and may assist in the conduct of more complex matters. The Associate Counsel, Regulatory Services, primarily reports to the Director, but is assigned as needed among the teams within the Department, and, in those contexts, also reports to the Team Manager or Manager in the relevant team.

QUALIFICATIONS REQUIRED:

• An LL. B or J.D. plus a Class L1 license with the Law Society of Ontario or equivalent education and training and the entitlement to practice law in Ontario.
• Articling or post-call litigation experience is required. Experience working for a regulatory body would be an asset.
• Understanding of the Law Society's mandate, services, legislation and policies.
• Knowledge of the rules of evidence, the rules of procedure, and the law concerning privilege and documentary disclosure.
• Developing advocacy skills for the conduct of formal proceedings.
• Superior legal research skills.
• Ability to analyze and digest complex spoken and written information.
• Ability to communicate clearly and persuasively in both spoken and written language.
• Hold a valid driver's license.
• Computer literacy, including familiarity with word processing programs, spreadsheets, Portable Document Format (PDF) related software, case management systems and accounting software.
• Understanding of the application of information technology preferably in a regulatory / legal environment.

*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.

Client / Customer Service Delivery

• Responsible for conducting court proceedings, enforcing orders of the Law Society Tribunal and the Ontario Superior Court of Justice, conducting the administration of trusteeships and custodianships, and the evaluation and disposition of inquiries and claims to the Compensation Fund.
• Participates in the orderly wind-up of professional businesses when a licensee dies, disappears, becomes incapacitated, abandons his or her professional business, or has had his or her license suspended or revoked, and inadequate provisions have been made to protect client property and the public interest.
• Involvement may also be required where a licensee is under investigation for conduct that creates a risk to client property or the public interest.
• Representation of the Law Society in proceedings in the Ontario Superior Court of Justice related to freeze orders and trusteeships pursuant to ss. 49.44 to 49.52 of the Law Society Act and relevant sections of the Trustee Act, as well as the negotiation of custodianship arrangements with licensees or their representatives.
• Participates in the administration of trusteeships and custodianships, including on-site practice recoveries, the review and triage of client files, identifying active and urgent matters, the analysis of books, records and accounting data to determine entitlement to trust funds, and the proper distribution of funds recovered from professional businesses.
• Assists with the monitoring and enforcement of orders of the Law Society Tribunal and the Ontario Superior Court of Justice, and may participate in a variety of enforcement activities, including filing writs of seizure and sale, conducting examinations in aid of execution, and attending at places of business to monitor licensee's compliance with the Law Society Act, its by-laws and guidelines.
• Provides critical assessment and analysis of allegations of financial loss due to licensee dishonesty, including misappropriation, fraud and other forms.
• Gathers and evaluates relevant evidence from claimants, licensees, witnesses, third parties and other Law Society departments, seeks licensee representations, and assists in facilitating the disposition of claims in accordance with the Law Society Act and Guidelines established by Convocation.
• With guidance from the Manager and Counsel in the Compensation Fund, engages in negotiations and other measures to achieve a fair and justifiable resolution in each case.
• Responsible for the preparation of memoranda to the Manager and the Compensation Fund Committee recommending the payment of grants from the Fund.
• May also assist the Manager and Counsel with policy related matters from time to time, including research and drafting.

Performance Goals, Targets and Standards

• Participates in the development of precedents, standardized practices, guidelines, strategies and procedures for cases in Trustee Services, Regulatory Compliance and the Compensation Fund.
• Manages a caseload as directed and ensures compliance with Court Orders, Rules of Civil Procedure, relevant legislation, deadlines and departmental guidelines.
• Works with others in Regulatory Services to establish, monitor and continuously improve processes and case performance.

Policy Development

• In conjunction with the Managers and Director, Regulatory Services, the Associate Counsel, Regulatory Services participates in the initiation, research and recommendation of appropriate policy changes related to the improvement of Trustee Services, Regulatory Compliance and the Compensation Fund.

Team Membership

• Expected to promote the sharing and transfer of knowledge, applicable standards, and information amongst members of Regulatory Services and the rest of the Professional Regulation division.

The Law Society has introduced a Distributed Workforce Model to leverage flexibility and agility, and to maximize employee productivity and engagement. Work arrangements will be determined by role and departmental requirements. The working arrangement for this position has been classified as hybrid, where the employee will regularly flex their work location between home and office. The specific application of this will be communicated to applicants contacted during the recruitment process.