Regulation Counsel in Calgary, Canada

Our client, the Law Society of Alberta, is a respected leader in the regulation of the legal profession, committed to serving the public interest and upholding the highest standards of ethics, competence, and professionalism among lawyers. Guided by its strategic vision and mission, the Law Society plays a vital role in maintaining trust and accountability within the legal system and are currently seeking a Regulation Counsel to join their Custodianship Department.

The Custodianship Department operates in alignment with the Law Society’s vision, mission, and strategic plan, and is governed by ss. 95 and 96 of the Legal Profession Act (“LPA”). The Law Society oversees the appointment, administration and discharge of court-appointed custodians as well as informal custodianship arrangements. In circumstances where a lawyer is unable to practice law due to, for example, suspension, disbarment, illness or death, Custodianship takes the necessary steps to appoint a custodian, manage and store the client files of the practice and ensure that client’s interests are protected.

The Custodianship Department also manages the oversight of unauthorized practice of law (UPL) complaints and performs searches for wills and other corporate files for members of the public, lawyers, law firms and agents. The Custodianship team works in collaboration with the Trust Safety department to ensure that lawyers comply with all trust accounting and anti-money laundering requirements. The enforcement of trust safety requirements is an important part of the Law Society’s mandate to protect the public.

If you value integrity, innovation, and making a meaningful impact on the legal profession, the Law Society offers an environment that is both challenging and rewarding.

Job Description – Regulation Counsel

As a key member of the Custodianship team, Regulation Counsel will support the Custodianship Department as assigned and will work with Trust Safety to support lawyer compliance with trust accounting rules. Regulation Counsel will also work on aspects of the UPL process and other compliance processes of the Law Society, as required. As workloads allow, Regulation Counsel may also support the work of the other regulation departments.

Work assignments may vary over time, according to organizational requirements. Work may be performed independently, or under the supervision of the Senior Manager, Regulation, the Supervisor, Custodianship, or other members of the Custodianship team as appropriate for the given assignment.

Success in this position requires excellent communication, judgment, analytical, time management, and organizational skills as well as sound knowledge of the Legal Profession Act and the Rules of the Law Society of Alberta. Knowledge of trust accounting practices and accounting principles is an asset.

Key Accountabilities and Responsibilities

· Address and provide legal advice on custodianship related issues on behalf of the Law Society.
· Attend Court to obtain Custodianship Orders and Discharge Orders as required.
· Manage active custodianship files and provide advice to the appointed Custodian as needed.
· Work with the Senior Manager, Regulation and the Supervisor, Custodianship to oversee the Law Society’s collection of custodianship costs.
· Provide legal advice on requests for closed files and file destruction.
· Draft and issue statements of claim in debt for outstanding custodianship or other costs and fines.
· Manage and attend to litigation steps relating to the collection of custodianship costs including examination in aid of execution and appearing in court when necessary.
· Provide support and advice to the Trust Safety department on matters of regulatory compliance with trust safety Rules and processes.
· Provide the necessary support to Senior Manager, Regulation and the Supervisor, Custodianship for issues related to the unauthorized practice of law, including drafting of relevant pleadings and attendance in court.
· Appear at all levels of court and work with professionals to provide legal and strategic expertise to Law Society departments.
· Assist Legal Counsel in providing advice on operational and public policy matters including assisting in the analysis, drafting, and implementation of initiatives.
· Research unique legal issues and identify applicable statutes, judicial decisions, and codes.
· Participate in settlement negotiations as required.
· Assist in negotiating, writing, and executing agreements that minimize risks and protect legal rights.
· Other tasks as assigned

Additionally, you will:

· Maintain professional and collaborative working relationships with staff, departments, managers, and external stakeholders.
· Support department operations, analyze various work processes, and prepare recommendations for improvement and development of new business processes.
· Monitor and report on determined metrics, key measurables and completed goals and objectives.
· Ensure record keeping meets regulatory requirements and corporate procedures, including setting up and maintaining of files and the recording and maintenance of data in relevant databases.
· Prepare detailed reports and recommendations.
· Manage various projects and deadlines.
· Anticipate issues and assess risks strategically. Proactively identify solutions to eliminate or mitigate risks and base decision making processes on ethics and integrity.
· Remain knowledgeable about and possess a strong understanding of the compliance requirements of membership in the Law Society.
· Develop specialized expertise on the management of the custodianship files held the Law Society of Alberta.
· Understand, apply and follow statutory provisions, rules, guidelines, and the principles of natural justice.
· Remain abreast of legislative changes.

Education and Professional Skills/Knowledge

· Law degree and call to the Bar, required.
· Member of, or eligible for, membership with the Law Society of Alberta, required.
· 5+ years of post-call practice experience.
· Proven problem-solving skills, with the ability to communicate with people diplomatically, tactfully, fairly, and effectively.
· Demonstrated ability to deal effectively with lawyers and others interacting with the Law Society, and particularly with those who may be in conflict with the Law Society.
· Exceptional communication skills with the ability to independently draft correspondence, reports, memos, decisions and other documents.
· Familiarity with administrative law principles and adjudicative process before hearing panels.
· Ability to work effectively as part of a dynamic team.
· Strong attention to detail while maintaining a big picture perspective.
· Ability to prioritize workloads, work under pressure, and adhere to deadlines.
· Self-starter, able to work independently with minimal supervision; knowing when to consult or seek advice.
· Effective computer literacy, including using databases and applying data stewardship practices.
· Interested in and capable of growing to meet additional challenges that may be added to this position over time
· Some travel and offsite work may be required.

This is an exclusive search.

The Counsel Network, a Caldwell company, is committed to building a diverse legal community through our inclusive business and recruitment practices. We value diversity of experience, expertise, and background, and strive to eliminate barriers historically encountered by marginalized groups. We recognize that an equitable, diverse, and inclusive workforce benefits and enriches both the legal profession and the greater community.

To apply for this position: caldwell.thriveapp.ly/job/1222

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For more information or to apply for this position, contact:

Meaghan Loughry, Consultant
mloughry@caldwell.com
647.417.4720
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Shetin Adams, Associate
sadams@caldwell.com
403.444.1768
Connect with me on LinkedIn