ASSOCIATE LEGAL COUNSEL II
General Statement of Duties
Performs responsible professional legal work as a staff attorney in support of the Real Estate Commission.
Distinguishing Features of the Class
Employees in this class perform legal services for areas of law that are limited in scope and complexity in comparison with the Senior Attorney level, may assist higher level attorneys with cases, serves as legal counsel for the Commission on simple disciplinary cases and in civil litigation, conducts settlement negotiations, and may manage investigations conducted by Commission auditor/investigators. Work involves providing advice to staff on cases, investigating consumer complaints, writing informational materials, and giving presentations on legal matters. Employee prepares legal documents and presents cases to the Commission. Employee conducts legal research in the law relating to licensing and professional discipline, and keeps informed of Commission policies and actions. Independent professional judgment, initiative and public contact skills are essential in performing various duties. Work requires considerable knowledge of State real estate laws and Commission policies and rules, as well as strong analytical skills. Work is performed under the general supervision of the Director and Assistant Director of Regulatory Affairs and is reviewed through discussion, results achieved, and feedback from the Commission, licensees and the public.
Duties and Responsibilities
Essential Duties and Tasks
- Determines when cases are ready to be closed or presented to the Commission for determining whether to pursue disciplinary action, and assesses whether further research is required; provides consultation to staff on further action.
- Prepares varied legal documents, correspondence, and administrative rule drafts.
Prosecutes cases before the Commission involving less complex allegations of violations of Real Estate License Law and Commission rules; issues notices of hearing, subpoenas, and orders; conducts settlement negotiations of contested cases under the supervision of the Director and/or Assistant Director; develops and presents settlements for consideration by the Commission under the supervision of the Director and/or Assistant Director; examines and cross examines witnesses; makes opening statements and closing arguments; may handle appeals. - Prepares and responds to assigned disciplinary and litigation cases; conducts necessary research on real estate and laws relating to Commission cases and court rulings; determines merits of a case and points of law; analyzes pertinent statutory, common and case law, administrative and procedural rules; develops case strategy and legal arguments.
- Assists the Director and/or Assistant Director in improving and enhancing the case processing systems and procedures.
- Represents the Commission in civil litigation at State level in conjunction with the Attorney General’s office; prepares documents such as discovery, interrogatories, and depositions; drafts pleadings; prepares witnesses; prepares and presents arguments before judge; prepares and argues various appropriate legal motions; and may participate in jury selection in limited cases and defend cases before a jury under the supervision of the Director and/or Assistant Director of Regulatory Affairs.
- Receives and answers inquiries from licensees and the public relating to legal aspects of the Real Estate License Law, Commission rules, departmental policies, real estate brokerage, and real estate transactions generally.
- Provides advice to varied internal staff; and advises administrative staff on policy questions and operating problems having legal complications.
- Writes informational materials and prepares and delivers speeches to licenses and the public on legal topics related to the Real Estate License Law, Commission rules, real estate brokerage, and real estate transactions generally; and, prepares and delivers speeches to various licensee and public groups on such subject areas.
- Responds to inquiries from the public and licensees relating to the Real Estate License Law, Commission rules, real estate brokerage, and real estate transactions generally.
- Directs field investigators on legal aspects of investigations, coordinates investigations so as to assist the Director and Assistant Director in improving and enhancing the case investigations and processing systems and procedures, and advises administrative staff on policy questions and operating problems having legal complications.
- Fosters and actively participates in collegial operating approach within the Commission; seeks and shares collaborative advice.
- Assists in drafting legislation proposed by the Commission and formulating Commission rules.
Additional Job Duties
- Attends conferences and workshops to maintain law license in accordance with State Bar requirements.
- Performs related duties as required.
Recruitment and Selection Guidelines
Knowledge, Skills, and Abilities
- General knowledge of case, statutory, common and constitutional law as it pertains to real estate and real estate brokerage, particularly the Real Estate License Law and Real Estate Commission rules and policy.
- Familiarity with real estate brokerage customs and practices.
- Ability to understand and interpret constitutional provisions, statutes, administrative regulations and precedents.
- Ability to research and analyze facts, evidence, and legal instruments.
- Ability to express conclusions and arguments clearly and logically in oral and written form.
- Ability to maintain effective working relationships with Commission members, management, other attorneys, other employees, and the public contacted in the course of work.
- Ability to exercise sound professional judgment. Ability to communicate effectively by telephone and to express oneself clearly and in a pleasant manner.
Physical Requirements
- Must be able to physically perform the basic life operational functions of walking, fingering, talking, hearing and repetitive motions.
- Must be able to perform sedentary work exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to move objects.
- Must possess the visual acuity to prepare and analyzing data and figures, to operate a computer, and to read extensively.
Required Experience
- Some responsible professional experience in the practice of law.
Necessary Special Qualification
- Law degree from a recognized school of law.
- Licensed to practice in the State of North Carolina.
- Successful completion of State Bar required hours of annual CLE credits.