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Counsel

Job Title: Counsel

Department: Office of Counsel

Immediate Supervisor: Executive Director

Positions Supervised: All lawyers in the Office of Counsel, director of investigations, director of the Attorney Client Assistance Program, and director of operations of the Office of Counsel

Purpose of the Job: Serve as general counsel to the North Carolina State Bar and to the State Bar Council and its officers, committees, boards, and commissions. Represent the State Bar in discipline and disability proceedings before the Grievance Committee, in the Disciplinary Hearing Commission, and in the courts. Represent the State Bar in litigation in the state and federal courts. Provide legal opinions to the officers, boards, and commissions of the State Bar. Manage and direct the operations of the Office of Counsel. Supervise directly and indirectly all employees of the Office of Counsel.

About the North Carolina State Bar and the Office of Counsel:

The North Carolina State Bar was created in 1933 by the North Carolina General Assembly as the government agency responsible for the regulation of the legal profession in North Carolina. The State Bar currently regulates over 30,000 licensed lawyers. Protection of the public and protection of our system of justice are the objectives of regulation.

The Office of Counsel is the legal department of the North Carolina State Bar. The primary responsibility of the Office of Counsel, under the direction of the counsel, is to investigate and, when appropriate, prosecute lawyers for violating the Rules of Professional Conduct.

Essential Job Responsibilities

Work with Grievance Committee:

  • Supervise processing and investigation of grievances involving North Carolina lawyers
  • Supervise preparation of reports of investigations and recommended dispositions of grievances
  • Field questions from complainants and respondent attorneys
  • Supervise the Random Audit program
  • Supervise the Trust Account Compliance program
  • Implement new initiatives of the Grievance Committee
  • Supervise the representation of the State Bar before Grievance Review Panels
  • Communicate with the chair of the Grievance Committee regarding issues of policy
  • Supervise the appointment of trustees for disbarred, disabled, deceased, and missing lawyers
  • Recommend and draft proposed new discipline and disability rules and rule amendments

Trial and Appellate Work:

  • Try and supervise the trials of discipline, disability, reinstatement, grievance noncompliance, and show cause proceedings before the Disciplinary Hearing Commission
  • Represent the State Bar in appeals from proceedings before the Disciplinary Hearing Commission
  • Represent the State Bar in discipline, disability, and injunctive proceedings in the state and federal trial and appellate courts
  • Represent the State Bar in proceedings in the state courts to enjoin the unauthorized practice of law
  • Represent the State Bar in miscellaneous litigation in the state and federal trial and appellate courts and administrative tribunals
  • Coordinate with the North Carolina Department of Justice regarding litigation in which it represents the State Bar

Services to Standing and Ad Hoc Committees, Boards, and Commissions of the State Bar

  • Provide legal opinions to committees, boards, and commissions
  • Complete research projects for committees, boards, and commissions
  • Supervise the preparation of meeting agendas and minutes
  • Supervise deputy counsel staffing the Authorized Practice Committee
  • Supervise deputy counsel staffing the Client Security Fund

Management of the Office of Counsel:

  • Manage the administration of the Office of Counsel including the analysis of the processes and procedures utilized by the Office of Counsel to maximize efficiency and effectiveness
  • Supervise directly or indirectly all employees in the Office of Counsel
  • Draft quarterly and annual reports to the council and to the State Bar officers reflecting activities of the Office of Counsel
  • Hire deputy counsel and non-attorney staff
  • Train and mentor deputy counsel
  • Consult with the director of human resources concerning personnel issues
  • Assess and request as needed improvements to the IT and other resources of the Office of Counsel

Additional Responsibilities

  • Communicate with media representatives regarding issues involving the State Bar
  • Consult with the officers of the State Bar regarding State Bar policy
  • Prepare annual reports of all pending, completed, and threatened litigation for annual State Bar audits
  • Supervise responses to public records requests
  • Advise upon insurance issues involving the State Bar
  • Review contracts to be entered into by the State Bar
  • Review proposed amendments to the fiscal, operational, and personnel policies of the State Bar
  • Prepare the quarterly discipline and disability column for the State Bar Journal

Accountability and Authority

The counsel reports to the executive director of the State Bar. The counsel exercises independent judgment concerning the operation of the Office of Counsel but is expected to consult with the executive director as necessary concerning matters of policy and administration. Counsel is also expected to confer as necessary with the executive director about legal matters impacting the State Bar.

The counsel directly supervises the lawyers in the Office of Counsel, director of investigations, director of ACAP, and director of operations for the Office of Counsel. The counsel indirectly supervises all the employees in the Office of Counsel.

Desired education, experience, and skills:

  • Active North Carolina law license (or licensed in another state and eligible to sit for the North Carolina bar exam or apply for admission via comity) with no professional discipline required
  • Prior experience as professional regulation counsel preferred
  • Minimum of ten years of experience in the practice of law, preferably in North Carolina
  • Minimum ten years of trial experience
  • Excellent communication skills, including written and verbal communications, required
  • Excellent interpersonal skills, especially in the management of diverse staff
  • Supervisory experience

Working Conditions:

  • Position is exempt from wage and hour requirements
  • Hours: 9:00 a.m. to 5:00 p.m. Monday – Friday, one hour lunch break
  • Overtime: as required, unpaid
  • Travel: some, usually in state, mileage reimbursed

Application Deadline: November 1, 2023

Please send a résumé, cover letter, and a recent writing sample to mfletcher@ncbar.gov.

Applications without a résumé, cover letter, and writing sample will not be considered. Your cover letter must describe your interest in this position and the relevant experience that you possess.

The North Carolina State Bar is an equal opportunity employer, and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, age, national origin, disability status, genetic information, protected veteran status, or any other characteristic protected by law.

This job description is not an employment agreement or contract. Management has the exclusive right to alter this job description at any time without notice.

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