Investigation Counsel, Investigation Services, Professional Regulation (Rem

at  Law Society of Ontario

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 immigration/refugee law, civil litigation and/or administrative law, 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 immigration/refugee law, civil litigation, and/or administrative law.
• 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.

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 alltimes.
• 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.

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.