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Investigation Counsel, Investigation Services, Professional Regulation 15
2 months ago
JOB PURPOSE
Investigation Counsel 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 Investigation Services 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. or J.D. or equivalent education and training, coupled with being a licensee in good standing of the Law Society of Ontario.*
- A domain legal expert with responsibility to independently undertake, plan and execute significant and complex investigations of licensees.
- A minimum of 7 years' experience in specific areas of law, such as civil litigation, immigration, administrative law, real estate, and/or wills and estates, 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 such as civil litigation, immigration, administrative law, real estate, and/or wills and estates.
- Knowledge of interview and investigation methodologies, principles, and practices, or willingness to learn.
- Knowledge of Law Society accounting and bookkeeping requirements.
- 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.
- Expressive and persuasive in both spoken and written language in facilitating 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 of disclosure for Discipline Counsel and agreed statement of fact.
- Superior analytical ability.
- Able to reason through complex spoken and written information.
- Computer proficiency, including familiarity with word processing software, data processing, accounting system software (general, trust) and internet search capabilities.
- Specific familiarity with Microsoft One Drive and SharePoint and Adobe Pro are definite assets.
- Broad understanding of the application of technology preferably in a regulatory / legal environment.
Travel
- The incumbent is required to work out of their home office and on an as needs basis, attend at licensees' offices.
- Incumbents are also required to attend their official work office as required and directed. There are occasional requirements for overnight travel in the conduct of investigations.
*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
- Investigates serious and / or complex matters including professional misconduct, conduct unbecoming, competence, licensing, capacity and unauthorized practice.
- Prepares case plans, determining investigation strategies and evidence required to prove allegations, 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, Regulatory Meeting and file closure) as well as other legal practice and other evidentiary matters.
- Prepares clear, brief and comprehensive Investigative Reports.
- Assists staff from the Litigation Services department in the preparation of cases for hearings, recording and producing witness statements in accordance with the Rules, testifying as a witness in court and regulatory proceedings as required.
Performance Goals, Targets and Standards
- Contributes to the development of standardized practices, guidelines and procedures in the appropriate conduct and resolution of investigation files.
- Conducts own caseload, and works with other members of Investigation Services, as well as colleagues in Intake and Resolution and Litigation Services to establish, monitor and continuously improve processes and case management performance targets.
- Manages a varied and substantial investigation caseload.
Policy Development
- Identifies, informs, and advises the Director and Team Managers of Investigation Services 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 regulation procedures.
- Participates in the development of policy and processes when assigned.
Team Membership
- Works closely with the Team Manager and Investigation Services staff in the conduct of coordinated investigative and regulatory response to identified issues involving subjects of investigations.
- Promotes the sharing and transfer of knowledge and information amongst team members.
Relationship and Alliance Building
- Develops and maintains mutually beneficial relationships with law enforcement, government agencies, and various levels of the Federal and Provincial Judicial systems as well as financial institutions to facilitate the exchange of information.
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 primarily remote, with a requirement to attend the office on an occasional basis. The specific application of this will be communicated to applicants contacted during the recruitment process.
