Duty Counsel - Criminal and Family

November 19 2024
Industries Legal
Categories Criminal, Penal,
Remote
Perth, ON • Full time

This Duty Counsel will be required provide family and criminal duty counsel services in Perth, with Brockville as a secondary location. 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.

Family Duty Counsel is responsible for providing client service for family law matters in the courthouse, both virtually and in person once in person services resume. Family Duty Counsel will be responsible for the intake and assessment of family law clients to determine the appropriate service for the clients, including but not limited to providing procedural and summary legal advice; drafting, reviewing and commissioning of family court documents and pleadings such as Applications, Answers, Motions, Affidavits and Financial Statements; in court representation at various stages of a family court and/or child protection proceeding; and other duties as assigned.

Criminal Duty Counsel is responsible for providing client service for criminal law matters in the courthouse, both virtually and in person once in person services resume. 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 but not limited to providing procedural and summary legal advice; drafting and reviewing criminal court documents; in court representation at various stages of criminal court proceedings; and other duties as assigned.

Home Location: Perth
Secondary Location: Brockville

Reports to: Manager of Legal Services, Eastern District

• Act as Family and Criminal Duty Counsel
• Representing clients both in-person and remotely
• 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

Family:
• Advocate for clients in court and with court documents
• 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
• Providing representation in the Superior Court of Justice - Unified Family Court at first appearances, conferences, motions, negotiations, Family Responsibility Office (FRO) matters, Children's Aid Societies matters and other court hearings and services as required
• 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)
• Ability to provide advice lawyer services at the Family Law Information Centre (FLIC)
• Demonstrated ability to provide sensitive and compassionate client service to those who may be victims of domestic violence
• Provide advice lawyer services on the Summary Legal Advice (SLA) telephone service for family
• Maintain client files and conflict lists
• Other duties as assigned

Criminal
• Assisting unrepresented clients who have been charged with criminal matters
• Representing clients at bail hearings, guilty pleas and remands both in-person and remotely
• Assessing clients' needs, including the early identification of vulnerable clients, to facilitate referrals to appropriate services.
• Provide criminal law services as defense counsel in the Ontario Court of Justice
• Providing assistance and representation at federal, provincial, and youth, remand, bail and plea courts, including specialty courts (Drug Treatment Court / Mental Health Court)
• Providing summary legal advice (SLA)
• Interviewing clients, sureties, and witnesses
• Disclosure review, Crown pre-trials meetings
• Assisting with various motions and hearings (may include trials), including judicial pre-trials
• Preparing and arguing bail hearings
• Other duties as assigned

• Member in good standing with the Law Society of Ontario

FAMILY
• Knowledge of relevant family law legislation and in particular child protection law and exposure to the practice of family law
• Ability to work independently with minimal supervision
• Ability to draft legal documents effectively with little to no errors

CRIMINAL
• Legal knowledge, understanding and skills to be able to represent clients with sensitive legal issues including conducing bails hearings, and guilty pleas.
• Demonstrated commitment to social justice or public interest work
• Sound knowledge of the Criminal Code of Canada, Canadian Charter of Rights and Freedoms, criminal law procedures, rules of evidence and case law
• Demonstrated experience in providing criminal law services including experience with complex legal issues and bails hearings, guilty pleas, remands and youth court.
• Sound knowledge of the Criminal Code of Canada, Youth Criminal Justice Act, Controlled Drugs and Substances Act, Canadian Charter of Rights and Freedoms, criminal law procedures, rules of evidence and case law
• Practical understanding of the Rules of Professional Conduct
• Proven interpersonal, communication, presentation and negotiation skills coupled with strong advocacy skills
• Proven judgment and analytical ability to determine appropriate legal remedies and 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
• Awareness of the challenges faced 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 communicate with accuracy and fluency when speaking with clients and providing advice, as well as when representing clients in court.
• Ability to work independently and unsupervised in a busy environment while also demonstrating collaboration and teamwork with colleagues and other stakeholders
• Ability to work as a team with other Legal Aid Workers, staff lawyers, and per diem Duty Counsel
• Sound knowledge and understanding of Legal Aid Ontario's operations and mandate
• Demonstrated ability to use latest communication technologies including tablets and smartphones and ability to utilize video conferencing platforms in order to deliver services virtually (Zoom/Teams)
• Knowledge of Word, Excel, Outlook and PowerPoint.
• Experience with Divorcemate and Legal Files
• Ability and willingness to travel between the district court locations

Only those candidates selected for an interview will be notified.

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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Trouble applying? For telephone support please call 1-877-427-7717 or email: candidate.njoynhelp@cgi.com.

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