Counsel, Regulatory Services, Professional Regulation (Hybrid, Toronto)

Law Society of Ontario; Mississauga; Hybrid; CAD 80,000 - 120,000; Full time

Job summary

An established industry player is seeking a skilled legal professional to represent them in court proceedings and provide essential legal support. This dynamic role involves litigation, regulatory compliance, and client service, ensuring the enforcement of orders and the management of trusteeships. The ideal candidate will have a strong background in law, with at least 7 years of litigation experience and a commitment to upholding the integrity of legal practices. This position offers a hybrid working arrangement, allowing for a balance between office and remote work, while contributing to a diverse and inclusive workplace culture.

Qualifications

• Requires LLB or J.D. and a class L1 license in good standing.
• Minimum of 7 years of litigation experience required.

Responsibilities

• Represents the Law Society in court proceedings and oversees legal practices.
• Conducts court proceedings and enforces orders of the Law Society Tribunal.

Skills

Litigation experience

Advocacy skills

Legal research skills

Communication skills

Understanding of Law Society's mandate

Education

LLB or J.D.

Tools

Microsoft Office Suite / 365

MS Dynamics

Job description

OVERVIEW

JOB PURPOSE

Represents the Law Society in court proceedings, including appearances before the Ontario Superior Court of Justice, Divisional Court, and Ontario Court of Appeal. Provides legal support to all working groups within Regulatory Services, including obtaining court-ordered trusteeships (Litigation), overseeing the winding up of law practices, and making recommendations for grants to the Compensation Fund. Responsibilities also include analyzing, monitoring, and enforcing orders issued by the Law Society Tribunal and the courts, enforcing cost orders, monitoring licensee undertakings, and managing assignments and judgments related to the Compensation Fund.

QUALIFICATIONS

• Requires an LLB or J.D. and a class L1 license in good standing with the Law Society of Ontario.
• A minimum of 7 years of experience in litigation is required.
• Must hold a valid “G” class driver’s license.
• Requires an understanding of the Law Society’s mandate, services, legislation and policies.
• Requires knowledge of the rules of evidence, the rules of procedure, and the law concerning privilege and documentary disclosure.
• Advocacy skills required for the conduct of formal court proceedings.
• Legal research skills.
• Ability to communicate clearly and persuasively in both spoken and written language.
• Requires proficiency in Microsoft Office Suite / 365 (Word, Excel, PowerPoint, etc.).
• MS Dynamics experience would be an asset.

KEY ACCOUNTABILITIES

Client / Customer Service Planning

• Develops strategies for court proceedings, assessing the necessity of legal action and key considerations such as involved parties (e.g., licensee, corporation), service requirements, potential risks, and the most effective approach to achieving the desired outcome.
• Reviews and understands information contained in undertakings, judgments, assignments of judgments, Law Society Tribunal orders, court orders and administrative orders as well as information regarding the status and requirements of licensees.
• Designs and fine tunes standard terms for undertakings and orders of Law Society Tribunal, as well as templates and forms to be used by Regulatory Compliance.
• Leads the logistical requirements for winding up a legal practice (e.g., leading third-party providers).
• Coordinates with police during practice wind-up to mitigate risks for personal safety.
• Oversees the collections and enforcement of orders pursuant to Law Society decisions and court judgments.
• Reviews medical reports and results related to capacity files and develops strategies in conjunction with the Office of the ED.

Client / Customer Service Delivery

• Conducts court proceedings during litigation and enforces orders of the Law Society Tribunal and the Ontario Superior Court of Justice.
• Represents 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.
• Represents the Law Society in bankruptcy court pursuant to the Bankruptcy and Insolvency Act.
• Administers trusteeships and custodianships. Negotiates custodianship arrangements with licensees or their representatives.
• Pursues collections of Law Society Tribunal and Superior Court of Justice judgments.
• Evaluates and responds to inquiries and claims to the Compensation Fund.
• Carries files related to 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.
• May be required to conduct interviews and act as a witness in proceedings.

Practice Recovery

• 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 ensures inadequate provisions have been made to protect client property and the public interest where a licensee is under investigation for conduct that creates a risk to client property or the public interest.
• 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.

Regulatory Compliance

• Monitors and enforces 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.

Compensation Fund

• Reviews licensees’ or former licensees’ accounting records for verification that trust comparisons are performed in accordance with Law Society Rules and Regulations to provide 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, and assists in facilitating the disposition of claims in accordance with the Law Society Act and Guidelines established by Convocation.
• Prepares memoranda to the Manager and the Compensation Fund Subcommittee recommending the payment of grants from the Fund.
• Meets with licensees, former licensees, accountants and bookkeepers to clarify requests for information made by the Regulatory Compliance department and the Law Society.
• Monitors payment of costs orders to the Law Society and the payment of other financial obligations and monies to individuals or the Law Society pursuant to orders, judgments, bankruptcy and undertakings.

Policy Development

• Identifies and establishes procedures for the collection of files from other departments that fall within the mandate of the department and participates in the development and maintenance of case management policies and procedures of the Professional Regulation Division.
• Participates in the development of precedents, standardized practices, guidelines, strategies, and procedures for cases in Trustee Services, Regulatory Compliance, and the Compensation Fund.
• Participates in the initiation, research and recommendation of policy changes related to the improvement of Trustee Services and Regulatory Compliance.
• In conjunction with the Team Managers and Director, participates in the initiation, research and recommendation of policy changes related to the improvement of Trustee Services, Regulatory Compliance, and the Compensation Fund.

Team Membership

• Provides work direction, guidance and coordination to law clerks, trustee officers, and other support staff, and frequently shares knowledge and coordinates efforts with other regulatory processes.
• Works with others in Regulatory Services to establish, monitor and continuously improve processes and case performance.

WORKING ARRANGEMENT

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.

OUR COMMITMENT

The Law Society of Ontario is an equal opportunity employer that is committed to diversity and inclusion. We welcome applications from persons representing the diversity of our community. We are committed to creating an accessible, barrier-free and inclusive workplace and are committed to continuing compliance with the Accessibility for Ontarians with Disabilities Act (AODA). Please make any requirement you may have for accommodation during the recruitment process known when contacted.

If you are unable to apply to this position due to the requirement for an accommodation of any kind, please email us at [e-mail] or call 416-947-3475. We appreciate all interest and will directly contact candidates under consideration.