Investigation Counsel (Indigenous Matters), Investigation Services, Professional Regulation (Remote, Toronto)

JOB PURPOSE

Investigation Counsel (Indigenous Matters) will specialize in, but not be limited to, the investigation of issues involving Indigenous complainants and/or licensees, and possesses knowledge and expertise in Indigenous culture that can be applied to investigations. The role conducts investigations in a professional manner, gathering, processing and analyzing evidence for possible breaches of Rules of Professional Conduct, By-laws and regulatory requirements. The role deals with a wide range of issues relating to the professional conduct, competence and capacity of licensees. The role participates in the development of case plans and disposition proposals that are consistent with the Law Society’s public interest mandate, legislation and policies, and provides legal advice and expertise to members of the Investigation Services Department and the Professional Regulation Division.

• 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.*

• As a legal expert with responsibility to independently undertake, plan and execute significant investigations of licensees.

• The role requires a minimum of 7 years’ experience in specific areas of law, such as real estate, family wills and estates, civil or criminal litigation, immigration and administrative law, gained through private practice, in a regulatory environment, or combination thereof.

• Investigation Counsel (Indigenous Matters) is expected to be “culturally competent” in Indigenous matters, with an understanding of Indigenous culture, beliefs and values which will engender appropriate communication and interaction with Indigenous people and communities.

• Knowledge of historical and contemporary impacts of colonization on Indigenous communities.
• Understanding of Indigenous culture, beliefs and values.
• Thorough understanding of the Law Society’s mandate, services, legislation and policies.
• 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 complicated, 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 for disclosure to Discipline Counsel and agreed statement of fact.
• Superior analytical ability. 
• Computer proficiency, including familiarity with word processing software, data processing, accounting system software (general, trust) and internet search capabilities.
• Broad understanding of the application of technology preferably in a regulatory / legal environment.
• Specific familiarity with Microsoft One Drive and SharePoint and Adobe Pro are definite assets. 
• 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, testifying as a witness in court and regulatory proceedings as required.

Policy / Regulatory Compliance

• Follows procedural and administrative requirements with respect to searches and seizures, including the handling, cataloguing, security, and control of evidence gathered during an investigation.
• Records and produces witness statements in accordance with the Rules and cooperates with Litigation Services’ staff in the preparation of cases for hearing, and testifying as a witness, 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, and in particular, with respect to policies that impact the management of Indigenous investigations.
• Participates in the development of policy and processes when assigned.
• Participates on working groups as requested. 

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, with an emphasis on their specialized knowledge relating to Indigenous investigations.

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 and 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.

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 hr@lso.ca or call 416-947-3475. We appreciate all interest and will directly contact candidates under consideration.