Deputy Legal Counsel

North Carolina Real Estate Commission   Fayetteville, NC   Full-time     Legal
Posted on November 20, 2023
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Salary: $78,620 - $99,061

General Statement of Duties

Performs responsible advanced professional legal work as a staff attorney in support of the Real Estate Commission.

Distinguishing Features of the Class

Employees in this class perform a full range of legal services and are assigned to cases of moderate to high level complexity, serve as legal counsel for the Commission in disciplinary cases and in civil litigation; conduct settlement negotiations and write articles and text or material of a legal and/or educational nature, and supervise application cases and investigations conducted by Commission auditor/investigators. Employees are expected to develop an expertise in a specialty area such as timeshare or fraud. An employee in this class assists in the supervision of a team of employees who perform difficult and specialized work investigating often complex trust account and disciplinary cases. Employees in this class may also provide technical advice to Commission members in disciplinary cases. Employees perform extensive legal research, settlement drafting, and assist in drafting legislation. Independent professional judgment, initiative and public contact skills are essential in performing various duties. Work requires extensive knowledge of State laws regulating real estate and related statutes intricately interwoven with real estate law such as bankruptcy, fraud, environmental, timeshare, local zoning ordinances as well as civil law. Work also requires in-depth knowledge of Commission policies and rules, and requires strong analytical skills. Work is performed under general supervision by the Director and Assistant Director of Regulatory Affairs and is reviewed through discussion, results achieved, and feedback from management, Commission, licensees and the public.

Duties and Responsibilities

Essential Duties and Tasks
Prosecutes often complex complaints before the Commission alleging violations of the North Carolina Real Estate License Law and Commission rules, including preparation of notices of hearing, subpoenas, stipulations, orders, appeal briefs and other documents in regard to administrative hearings. 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.
Supervises a team of consumer protection officers processing inquiry cases and field auditor/investigators who perform specialized work investigating often complex trust account and disciplinary cases; monitors the progress of the investigations; receives the final reports and provides guidance and coaching to team members throughout the investigation process.
Supervises a team of attorney and non-attorney staff in the review and prosecution of cases involving character qualifications of applicants.
Conducts settlement negotiations of contested cases in person and by telephone with attorneys and through extensive hearings; develops and presents settlements for consideration by the Commission ensuring consistency with previous Commission actions and policy. Prepares and responds to assigned disciplinary and litigation cases; conducts necessary research on real estate and interrelated laws relating to the 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.
Assists Director in drafting proposed legislation and formulating rules for consideration by the Commission and may act as one of the Commission’s legislative liaisons.
Represents Commission in civil litigation proceedings at State level; 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.
Advises Commission on specialized legal issues such as timeshare registration, fraud, bankruptcy, etc. and on all interrelated statutory laws and rules. Provides advice to varied internal staff; and advises administrative staff on policy questions and operating problems having legal complications.
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.
Advises field investigators on legal aspects of investigations, 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.
Writes informational materials 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; teaches courses.

Additional Job Duties
Attends conferences and workshops to maintain law license in accordance with State Bar requirements.
Performs other duties as required.
Recruitment and Selection Guidelines

Knowledge, Skills, and Abilities
Considerable knowledge of case, statutory, regulatory, common and constitutional law, specifically in real estate licensure and other interrelated applicable State and Federal laws and court rulings.

Considerable knowledge of judicial and quasi-judicial procedures and the rules of evidence, Demonstrated skills to independently conduct courtroom litigation.

Demonstrated skills to interpret and apply laws, court decisions, administrative regulations and other 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, judges, other attorneys, other employees, and the public contacted in course of work.

Ability to exercise sound professional judgment.

Physical Requirements
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

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