21 Oct
|
Law Society of Ontario
|
Toronto
21 Oct
Law Society of Ontario
Toronto
Job Summary
Provides leadership and oversight into the day-to-day operations of the Trustee Services team. Serves as the legal authority for Trustee Services matters, delivering substantive legal expertise, legal counsel, guidance, and mentorship to staff to support the provision of expert advice, regulatory intervention, and complex case management aimed at protecting client property and safeguarding the public interest through the orderly wind-up of professional businesses. Oversees matters where the Law Society has agreed to become trustee or has been appointed by the court as trustee of the professional businesses of licensees, as well as matters where the Law Society has obtained a freeze order over bank accounts associated with the professional businesses of licensees.
Trustee Services involvement arises when a licensee dies, disappears, becomes incapacitated, abandons their professional business, or has had their license suspended or revoked, and inadequate provisions have been made to protect client property and the public interest. Trustee Services may also become involved where a licensee is under investigation for conduct that creates a risk to client property or the public interest. In addition, Trustee Services provides support and assistance to licensees in the area of succession and contingency planning.
Key Accountabilities
1. 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.
- Helps establish risk criteria and operational guidelines for matters such as initiating formal court action, and the timing, nature and extent of intervention into licensees' professional businesses, guidelines for the execution of Court orders in places of business and private residences, and rules directing the storage, destruction or distribution of property belonging to clients of licensees.
2. Client/Customer Service Delivery
Accountable for decisions regarding the orderly wind up of professional businesses. This includes:
Custodianships and Consulting Cases
- Oversees Custodianship cases, including formal agreements governing the Law Society's assumption of files and/or funds from licensees' professional businesses and matters involving the Law Society's de facto assumption of abandoned client property.
- Manages Consulting cases, including providing guidance and support to licensees, their families, staff, and representatives regarding the wind-up of professional businesses.
- Follows up on the disposition of practices of deceased licensees and provides support and guidance with respect to contingency and succession planning.
Counsel Services & Representation of the Law Society
- Develops case strategy and assesses complaints or evidence referred to Trustee Services, including potential risks to clients, the public, and the Law Society.
- Prepares materials for and obtains court orders, including trusteeship orders,
freeze orders, motions for directions, variations of orders, interim reports, passing of accounts, discharges of trusteeships, and other orders under the Law Society Act and Trustee Act.
- Manages matters involving extraordinary or injunctive relief, including relief that may be obtained on an ex parte basis and that may significantly affect licensees' interests, clients' property, and the Law Society's responsibilities as trustee.
- Intervenes in formal proceedings where client or Law Society interests are at risk.
- Negotiates and obtains custodianship agreements and undertakings with licensees or their representatives.
Practice Recovery & Response
- Pursuant to a court order or agreement, supervises the recovery of skilled businesses and client property, including attending at offices, residences, and other locations, and coordinating with police, landlords, locksmiths, and others where required.
- Supervises the handling, security, and inventory of client property, and conducts file review and risk assessment to determine urgency and required action on client matters.
- Determines the proper disposition of client files and documents, including client notifications, delivery of materials to clients or successor counsel, assistance from local licensees, reporting of potential negligence claims to LAWPRO, and referrals to the Law Society's Compensation Fund.
- Intervenes or communicates with courts, agencies, administrative bodies, or opposing counsel where necessary to protect clients' interests.
- Responds to inquiries from the public and the profession related to trusteeships, including the location of client files, records
📌 Team Manager, Trustee Services, Regulatory Services (Toronto)
🏢 Law Society of Ontario
📍 Toronto