Litigation Solicitor

The Law Society of New South Wales; Sydney; On-site; AUD 120,000 - 180,000; Full time

Job summary

The Law Society of New South Wales is seeking a full-time Litigation Solicitor to join the Legal Regulation team in Sydney. You will conduct regulatory litigation on behalf of the Council, handling queries about unqualified practice and pursuing matters before NSW courts and tribunals.

Admission as an Australian lawyer with a current practising certificate is required, along with strong advocacy skills and the ability to work within KPIs and standards.

Qualifications

• Admission as an Australian lawyer with current practising certificate.
• Ability to understand the privileges and responsibilities that attend a solicitor in practice.
• Demonstrate knowledge of the Uniform Law and relevant Acts and Rules.
• Experience litigating to protect the public and uphold standards.
• Strong written and oral advocacy and ability to communicate clearly.

Responsibilities

• Conduct litigation before NCAT, Supreme Court, Court of Appeal, Local Court, and District Court on behalf of the Council.
• Draft and prepare documents for proceedings, including Applications, originating processes, subpoenas and bills for costs.
• Provide advices to the Council and to the Professional Conduct Committee when delegated powers are exercised.
• Analyse investigations reports, external advice, and counsel's guidance to progress matters.
• Guide Professional Standards staff on investigations, evidence gathering and litigation preparation.
• Notify stakeholders of court results and orders in a timely manner.

Skills

Admission as lawyer

Practising certificate

Uniform Law knowledge

Litigation experience

Communication skills

MS Word

PowerPoint

Excel

Tools

MS Word

PowerPoint

Excel

Job description

The Law Society of New South Wales is Australia’s largest membership body for solicitors. It shares co-regulatory duties with the NSW Legal Services Commissioner to ensure professional standards and integrity within the profession.

We are currently looking for a full time Litigation Solicitor to join our Legal Regulation team.

About the role

The Litigation Solicitor will undertake litigation on behalf of the Council of the Law Society of New South Wales in the exercise of its regulatory functions in routine matters. You will investigate queries and allegations about persons who may have engaged in unqualified legal practice and/or held themselves or other entities out as entitled to engage in legal practice whilst not qualified. You will be able to exercise judgment, set priorities, and schedule work to meet deadlines, always adopting the standards of the model litigant.

What you'll be doing

• Conduct litigation before the NSW Civil and Administrative Tribunal (NCAT), the Supreme Court, the Court of Appeal, the NSW Local Court, the NSW District Court and other courts on behalf of the Council in routine matters, including preparing for and appearing in proceedings before the Courts and NCAT.
• Drafting and preparation of documents in proceedings before the Courts and NCAT, including Applications/Originating processes, Court Attendance Notices, Statements of Facts, subpoena and summonses, Instruments of Consent; gathering evidence; marshalling witnesses; researching relevant legislation and cases; preparation of submissions; briefing counsel as required and when approved; preparing responses to subpoena and completing itemised bills for recovery of costs.
• Prepare advices for and take instructions from the Council and from the Professional Conduct Committee when it exercises delegated powers from the Council.
• Expeditiously peruse, analyse and master facts and issues in reports prepared by Investigations Solicitors and external interveners, Council's instructions, and counsel's advice.
• Provide guidance to professional staff in the Professional Standards Division of the Legal Regulation Department in relation to the conduct of investigations, gathering of evidence, and preparation and conduct of matters referred for litigation or commenced against the Council by external parties.
• Notify stakeholders of court results and orders in a timely fashion.
• Investigate queries and allegations about persons who may have engaged in unqualified legal practice and/or held themselves and other entities out as entitled to engage in legal practice whilst not qualified. Take action to address alleged unqualified legal practice by issuing reminder of obligation or warning letters, suggesting amendments to social media profiles, commencing a prosecution or seeking an injunction under the applicable legislation.
• Establish and maintain effective working relationships with effective working relationships with the Director, Legal Regulation; the Deputy Director, Litigation and External Intervention; Deputy Director, Legal Regulation, Deputy Director, Investigations; Principal Litigation Solicitors; Senior Litigation Solicitor; Litigation Solicitor; Litigation Paralegals; External Intervention Solicitors; External Intervention and Costs Recovery Paralegal; Team Leaders-Investigations; Investigations Solicitors; PSD Paralegals; PSD Support Staff; Trust Account Investigators; External Interveners; External Investigators; and the Office of the Legal Services Commissioner of New South Wales.

About you

• Admission as an Australian Lawyer.
• Holder of a current local practising certificate.
• Possess the ability to obtain a thorough understanding of the privileges and responsibilities that attend a solicitor in practice.
• Demonstrate knowledge coupled with practical experience and the ability to identify a relevant alleged breach of the law and litigating it with a view to protecting members of the public from similar breaches by other lay associates or solicitors.
• Demonstrate the ability to acquire knowledge and understanding of the Uniform Law, ancillary Acts and Rules and relevant Court and Tribunal Acts and Rules and the ability to apply the same.
• Capable of listening and assimilating information from others, identifying various potential outcomes and consequences, presenting dispassionate and persuasive arguments.
• Has the ability to use clear, concise language in correspondence, reports, advices and submissions.
• Has the ability and willingness to practise open communication.
• Leads by example in being a litigant of reason, fairness, objectivity, integrity and professionalism.
• Demonstrates an ability to develop clear plans and timelines, regularly communicates with the Deputy Director, Litigation and External Intervention and Principal Litigation Solicitor – Team Leader, other team members and other stakeholders and progresses litigation in accordance with key performance indicators and in compliance with the required standards.
• Demonstrates an ability to plan and organise self to ensure the timely and effective completion of tasks.
• Demonstrates an ability to structure, engage and present information clearly and dispassionately in communication with stakeholders and before Courts and Tribunals.
• Has the ability to digest and analyse facts and evidence, prepare reports and conduct litigation in a manner consonant with the Council’s regulatory and protective role.
• Can appropriately prioritise cases, gather and analyse the required information to identify issues; and identify, gather and adduce the most probative evidence to seek to prove allegations to the requisite standard.
• Demonstrates computer skills, including word processing capabilities, proficiency with email and internet and data base applications, and experience using programs, such as MS Word, PowerPoint and Excel