JOB DESCRIPTION. Commercial Litigation Lawyer PO3/5. Chief Executive Department. None PRIMARY JOB FUNCTION

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1 JOB DESCRIPTION POST TITLE: GRADE: DEPARTMENT: SECTION: REPORTS TO: MANAGES / SUPERVISES Commercial Litigation Lawyer PO3/5 Chief Executive Department Legal Services - Corporate and Commercial Litigation Senior Litigation Lawyer (Commercial Litigation)(PO5/6) None PRIMARY JOB FUNCTION To assist in planning and co-ordinating litigation and work in respect of the Council s leaseholder functions To undertake complex legal work and advocacy to the highest professional and client care standards. DUTIES AND RESPONSIBILITIES 1 To assist the Senior Litigation Lawyer (Commercial Litigation) in planning and co-ordinating legal work allocated to the team. 2. To undertake a substantial personal caseload of litigation including general debt recovery, annual and major works service charges recovery, Leasehold Valuation Tribunal disputes, former tenants arrears recovery and other debt recovery. 3. To draft negotiate and agree legal documentation arising out of the exercise of the Council s leaseholder and litigation functions, including pleadings, affidavits and Instructions to Counsel. 4. To provide specialist and proactive legal advice on all aspects of litigation and service charges law, law relating to debt recovery, enforcement of debt orders and Leasehold Valuation Tribunal practice and procedures. 6. To act as an advocate on behalf of the Council, where appropriate in relevant Courts, tribunals and inquiries and instruct Counsel to represent the Council where necessary.

2 7. To maintain an up-to-date comprehensive knowledge of developments in the relevant areas of law and disseminate that information and any implications for the Council to relevant senior council managers and members of the Team, including preparing and presenting briefing papers and reports as required and delivering training. 8. To draft reports for, and to comment on and prepare legal implications for reports to, Council its committees and sub committees, the Executive and other member and officer level meetings and to attend such meetings as the representative of the Director of Legal and HR Services as required. 9. To ensure that relevant decisions of the Council and its committees and the Executive are implemented, in the context of any legal constraints, in an efficient and timely manner. 11. To assist (and at the higher grade) take a lead in developing policy and good practice within the postholder s area of responsibility. 12 To assist with litigation, advice, and general work of Legal Services as required. 13. To meet the chargeable hours target for the post and to ensure that the agreed performance and quality standards as fixed by the Legal Services Management Team are met. 14. To assist the Senior Litigation Lawyer (Commercial Litigation) in developing effective procedures and reporting mechanisms on the performance of the Commercial Litigation team. 15. To work in a corporate and co-operative way both within the Team and within Legal Services and with other Council Officers and members. 16. To deputise for the Senior Litigation Lawyer (Commercial Litigation) where necessary. 17. To undertake other duties commensurate to the grade of the post. ADDITIONAL: To use and assist others in the use of information technology systems to carry out duties in the most efficient and effective manner. To achieve agreed service outcomes and outputs, and personal appraisal targets, as agreed by the line manager.

3 To undertake training and constructively take part in meetings, supervision, seminars and other events designed to improve communication and assist with the effective development of the post and post holder. The post holder is expected to be committed to the Council s core values of public service, quality, equality and empowerment and to demonstrate this commitment in the way they carry out their duties. Ensure all the services within the area(s) of responsibility are provided in accordance with the Council's commitment to high quality service provision to users. Ensure that duties are undertaken with due regard and compliance with the Data Protection Act and other legislation. Carry out duties and responsibilities in accordance with the Council s Health and Safety Policy and relevant Health and Safety legislation. At all times carrying out responsibilities/duties within the framework of the Council's Dignity for all Policy. (Equal Opportunities Policy). Linked Grade Progression of the post holder to the substantive grades within the career grade for the post will be subject to the approval of the Director of Legal and HR Services following an assessment of the post holder s performance with regard to the complexity and quality of work undertaken and chargeable hours achieved. At the higher grades the post holder will be expected to undertake work which is more legally and practically complex and of greater significance to the Council and to take a lead in policy matters. Post holder Declaration Name: Signed: Date

4 PERSON SPECIFICATION The person specification is a picture of skills, knowledge and experience required to carry out the job. It has been used to draw up the advert and will also be used in the short-listing and interview process for this post. You should demonstrate on your application form how you meet each of the following essential criteria. Please ensure that your address each one of the criteria as this will be used to assess your suitability for the post. Department: Chief Executive Department Section: Legal Services Designation: Commercial Litigation Lawyer Grade: PO3/5 REQUIREMENTS EDUCATION and EXPERIENCE /T E1 Admitted solicitor or qualified barrister in England (or comparable jurisdiction) A E2 E3 E4 E5 E6 E7 E8 E9 Significant post-qualification experience in the legal profession or exceptional experience of shorter duration Significant post-qualification experience of litigation including dealing with complex cases, or exceptional experience of shorter duration KNOWLEDGE, SKILLS and ABILITY A thorough knowledge of and ability to apply the law and practice relating to litigation, service charges, debt recovery, and local government A thorough knowledge of County Court, High Court and Leasehold Valuation Tribunal practice and procedure. Ability to obtain and evaluate evidence, draft pleadings and prepare complex cases for hearing Ability to appear as an advocate on behalf of the Council in Courts, Tribunals and enquiries. Ability to communicate clearly and concisely in writing and orally and present arguments in a confident, articulate and persuasive manner at a senior level, with good attention to detail. Ability to assist the Senior Litigation Lawyer (Commercial Litigation) with the development and implementation of procedures, practices and systems for the provision of an effective litigation service and to comply with good practice management standards /T /T /T E10 Ability to review and advise on new legislation, case law and other developments

5 E11 Ability to work as part of a team and develop and maintain good working relations with clients and colleagues LINKED GRADE Additional requirements for linked graded posts P04 E12 Ability to deal with complex general litigation and service charge cases PO5 E13 Ability to deal with very complex general litigation and service charge cases COMMITMENT TO EQUAL OPPORTUNITIES E14 Ability to adhere to the Council s Dignity for All policy. E= Essential *Assessed by: A= Application I= Interview T= Test

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