Duty Counsel, Criminal and Family (15 months)

Duty Counsel, Criminal and Family (15 months)

Union: The Society

Job Number: J1124-0548

Job Title: Duty Counsel, Criminal and Family (15 months)

Job Type: Contract

Contract Duration: 15 months

City, Province, Country: St. Catharines, Ontario, Canada

Job Location: St. Catharines and area

Job Category: Legal

Role Designation: LAO Workplace Based - Role is physically based in an in-person LAO workplace.

Legal Aid Ontario employees are committed to making a difference in the lives of our clients. As an integral partner in the Justice system, working at Legal Aid Ontario is more than just a job. It's an opportunity to help people who need it the most; to ensure each client receives the access to justice afforded to them under the law.

Building a diverse workforce that represents the communities we serve while promoting a safe culture and work environment that dismantles systemic barriers, welcomes fresh perspectives and embraces differences as a priority is a core value at LAO. LAO encourages applicants from equity-seeking groups, including but not limited to individuals who are First Nations, Inuit or Métis, Black and racialized, as well as persons with disabilities, women and members of the 2SLGBTQ+ community.

Legal Aid Ontario values integrity, respect, responsiveness, excellence, independence, accountability, openness and consistency. Our recruitment process reflects our commitment to equity, diversity and inclusion. Accommodations are available throughout the recruitment process as well as during employment at LAO. Please direct any accommodation requests to our recruitment team.

Primary function

This Staff Lawyer will be required to provide criminal and/or family duty counsel services in St. Catharines and Welland. The Staff Lawyer will be assigned to duties within either criminal law or family law, with the possibility to work in the second area of law, based on ability and interest to do so.

This role may require travel throughout the district on occasion. As such, applicants with readily available transportation or an ability to rent a vehicle are preferred.

Criminal Duty Counsel is responsible for providing client service for criminal law matters, both virtually and in person at the courthouse. Criminal Duty Counsel will be responsible for the intake and assessment of criminal law clients to determine the appropriate service for those charged with criminal offences, including service through duty counsel or referrals for legal aid certificate and senior counsel representation. Duty Counsel is responsible for providing services including, but not limited to: providing legal advice; reviewing and drafting criminal court documents; negotiating resolutions with the prosecutor; in-court representation at various stages of criminal court proceedings especially bail; supporting per diem duty counsel lawyers; maintaining records, and other duties as assigned.

Family Duty Counsel is responsible for providing client service for family law matters both virtually and in person at the courthouse, as well as family law services through the Family Law Service Centre (“FLSC”), virtually and in person at the FLSC office. Family Duty Counsel will be responsible for the intake and assessment of family law clients to determine the appropriate service for the clients, including service through duty counsel, referral to enhanced services through the FLSC, legal aid certificate or senior counsel representation. Duty Counsel is responsible for providing services including but not limited to: providing legal advice; drafting, reviewing and commissioning of family court documents and pleadings such as Applications, Answers, Motions to Change, Temporary Motions, Default Disputes, Affidavits and Financial Statements; in court representation at various stages of a family court and/or child protection proceedings; supporting per diem duty counsel and other duties as assigned.

Experienced candidates may also be assigned to mentor other staff and per diem lawyers, and to represent Duty Counsel/LAO at stakeholder meetings.

Home position: St. Catharines
Secondary/Tertiary locations can include: Welland, other locations in Niagara

Reports to: Manager of Legal Services, Niagara Region

Key accountabilities

• Act as Family and/or Criminal Duty Counsel
• Ensure high quality of legal work in a cost effective manner
• File management as per LAO requirements including use of computer technology; data input for statistics measurements in a timely manner
• Maintain up to date knowledge of relevant legislation, caselaw and court procedure

Criminal Law
• Represent clients who have been charged with criminal offences in the Ontario Court of Justice at bail hearings, guilty pleas, remands and other types of appearances both in-person and remotely
• Assess clients’ needs, including the early identification of vulnerable clients, to facilitate referrals to appropriate services
• Provide assistance and representation in relation to specialized courts, including Mental Health and Drug Treatment Court (MHDTC), and Indigenous Peoples’ Court
• Assist clients with applications to the MHDTC and various diversion programs, including Extra Judicial Sanctions and Early Intervention Program for youth
• Provide summary legal advice
• Interview and prepare clients, sureties, and witnesses
• Conduct disclosure review and Crown pre-trial meetings
• Other duties as assigned

Family Law
• Advocate for clients in court and on court forms
• Provide family law duty counsel services, including providing instructions to Legal Aid Workers and students, preparation of court documents for eligible clients, make appropriate referrals when required, including to mediation services
• Provide advice and representation in the Unified Family Court at first appearances, conferences, motions, negotiations, Family Responsibility Office (FRO) matters, child protection matters and other court hearings and services as required
• Understand and assist with court filing procedures
• Assist unrepresented eligible clients with LAO family settlement conferences as required
• Assist unrepresented clients with Child Youth and Family Services Act (CYFSA) matters (with document preparation and in court appearances)
• Provide advice lawyer services at the Family Law Information Centre (FLIC)
• Provide sensitive and compassionate client service to those who may have experienced, or are experiencing, domestic violence
• Maintain client files and conflict lists
• Other duties as assigned

Required skills & experience

• Member in good standing with the Law Society of Ontario
• Demonstrated commitment to social justice or public interest work
• Practical understanding of the Rules of Professional Conduct
• Sound knowledge of relevant legislation and caselaw in criminal law and/or family law (including child protection)
• Experience representing clients in court
• Proven interpersonal, communication, negotiation and advocacy skills
• Proven judgment and analytical ability to determine appropriate legal remedies and strategies
• Demonstrated research skills
• Knowledge and appreciation of impact of court proceedings on immigration, criminal, family and other poverty law issues; and the integrated nature of legal issues faced by LAO clients
• Knowledge and appreciation of the unique considerations when serving vulnerable populations such as racialized communities, First Nations, youth and those experiencing mental health or addiction challenges or victims of domestic violence and/or homelessness
• Ability to complete tasks and manage time wisely with minimal supervision
• Ability to collaborate and communicate well with colleagues and other stakeholders
• Knowledge and understanding of Legal Aid Ontario’s operations and mandate
• Ability to use the latest communication technologies and ability to utilize video conferencing platforms in order to deliver services virtually (Zoom, Teams)
• Ability to use Word, Excel and Outlook
• Ability to travel between the district court locations

Family Law
• Ability to draft legal documents without need for review
• Familiarity with DivorceMate is an asset

Languages
• Ability to speak and write in French and/or other languages is an asset

To apply submit a cover letter & résumé.

This position is represented by The Society of United Professionals and the employee will be governed by the provisions of the collective agreement and union dues will be deducted bi-weekly from date of hire.

First Preference will be given to current members of the Society of United Professionals.

Only those candidates selected for an interview will be notified by email.

Please note that all applicants are encouraged to provide a valid email address for communication purposes. Applicants may receive written correspondence regarding this job posting directly to the email address provided on their resume or to the one used to set up their Candidate Profile if applying on Njoyn. As an applicant, it is your responsibility to ensure that you check your email regularly.

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