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POSITION DESCRIPTION Public Guardian and Trustee of British Columbia POSITION TITLE: Paralegal DIVISION: (e.g., Division, Region, Department) Child & Youth Services UNIT: (e.g., Branch, Area, District) Legal Services APPROVED CLASSIFICATION SUPERVISOR’S TITLE: SUPERVISOR’S CLASSIFICATION: AO18 Legal Research Supervisor AON21 POSITION NUMBER(S): 00089830 00093875 LOCATION: Vancouver CLASS CODE POSITION NUMBER PHONE NUMBER: 00097381 604-775-2480 PROGRAM The Public Guardian and Trustee of British Columbia is a corporation sole, created under the Public Guardian and Trustee Act which operates independently under provincial legislation to protect the legal and financial interests of minors; manage the legal, financial, health and personal care interests of adults under mental disability; and administer the estates of deceased and missing persons. As a result of obligations created by statute, the Public Guardian and Trustee exercises quasi-judicial authority in specified situations. In addition, the Public Guardian and Trustee is called upon to provide independent comments to the Court when the legal or financial interests of minors, adults under mental disability or estates are at risk. The Public Guardian and Trustee is independent of government in its case-related decision making responsibilities. The Public Guardian and Trustee strives to promote family involvement in securing appropriate protection for individuals or their estates. The Public Guardian and Trustee must observe prudent business practices, is bound by fiduciary principles and is ultimately accountable to the Court. The Services of the Public Guardian and Trustee extend to clients resident throughout the province and, less frequently, in other provinces and countries throughout the world. The Child and Youth Services Division provides direct service to vulnerable children and youth under such authorities as Guardian of Estate, Trustee, Legal Administrative, Litigation Representative, and Monitor. In all of these capacities, Child and Youth Services discharges the Public Guardian and Trustee’s duties as a substitute decision maker in the context of a philosophy of service which envisions that a decision made on behalf of vulnerable children or youth is in their best interest. PURPOSE OF POSITION The Paralegal plans and conducts research using research methodologies and investigative techniques in order to support the Child & Youth legal team. The paralegal supervises administrative support staff. The paralegal can carry a caseload, manage projects and maintain legal precedents. Page 1 of 8 NATURE OF WORK AND POSITION LINKS CYS Staff – working closely with in house counsel, liaises with and gathers information from Guardianship and Trust Officers in order to provide seamless service to clients. Outside Counsel and Government Agencies – liaises with and gathers information from outside counsel, social workers, accountants and other professionals in order to provide a high quality service to clients. Parents and Guardians – describes the PGT’s roles and responsibilities, provides guidance in relation to a variety of legal matters , and provides advice on accessing other services such as: lawyers, Courts, etc. Public Guardian and Trustee – links in with other colleagues through client specific work and on corporate committees, works with the Deputy’s office to ensure budgets are accurately tracked and monitored. External agencies – provides education regarding the Public Guardian and Trustee’s role to external agencies and service providers. Courts/Registry – ensure cases of interest are monitored, analyzed, researches and shared; actions are commenced on time on behalf of clients. Land Titles Office – confirms valuation and outstanding court restrictions on registered properties. SPECIFIC ACCOUNTABILITIES / DELIVERABLES Provides legal research, statistical and analytical services by selecting research methodology, determining resource requirements, and providing advice, preparing reports and forwarding results to in house counsel for review. Researches and evaluates specific cases in relation to relevant case law to determine comparability and to develop recommendations for best options to in house counsel Identifies and collects qualitative and quantitative data from established information sources such as BC Courts Registry or pursues new information sources relating to relevant issues. Reviews and verifies the value and accuracy of information, and defines relationships, differences and anomalies in information sources. Reviews and interprets legal case studies in order to produce summary reports and conclusions. Coordinates, collects, stores and maintains electronic data using statistical and database software packages. Assists legal counsel in managing tort claims brought forward for Guardian of Estate clients Manages notices given to the Public Guardian and Trustee of British Columbia pursuant to section 7 of the Limitation Act to ensure the minor’s claim is resolved or a writ filed prior to the expiration of the limitation period Develops descriptive reports and presents diverse issues using statistical summaries, fact sheets, discussion papers and briefing notes that are subject to review by the Director and Deputy Public Guardian and Trustee Participates in projects by leading and attending planning meetings, documenting project plans, gathering information and preparing summary reports. Researches proposed legislation and policy related to child and youth services, identifies potential impacts regarding service delivery Prepares follow up information in response to inquiries and requests for information requiring detailed research, analysis and interpretation of program/ministry issues. Drafts correspondence and court documents Monitors legal bills from outside counsel and ensures completion of work in compliance with established budget amounts and Public Guardian and Trustee policy and payment schedules. Provides supervision to the paralegal administrative assistants, including monitoring and assigning work, conducting performance evaluations and discussing or resolving work related issues. Monitors and manages general workload of the unit, ensuring resources are allocated appropriately and service expectations are met. Provides coverage during the absence of other paralegals in the Division. Page 2 of 8 FINANCIAL RESPONSIBILITY Monitors legal bills received from outside counsel Acts as qualified receiver for legal related invoices DIRECT SUPERVISION (i.e., responsibility for signing the employee appraisal form) # of Regular FTE’s Role Directly supervises staff # of Auxiliary FTE’s 1 Supervises staff through subordinate supervisors PROJECT /TEAM LEADERSHIP OR TRAINING (Check the appropriate boxes) Role # of FTE’s Supervises students or volunteers Lead project teams Provides formal training to other staff 1+ # of FTE’s Role 1+ Assigns, monitors and examines the work of staff 1 SPECIAL REQUIREMENTS Security clearance checks are a condition of employment in this position. Please refer to PGT documents, policy #404 and procedure #404, for a complete list of the mandatory security checks required. TOOLS / EQUIPMENT Computerized client trust accounting system (COMET), computerized client case management system (CASE), Microsoft Office (Word, Excel, Outlook, PowerPoint, Access and Internet Explorer), fax and photocopier WORKING CONDITIONS Fast paced, high profile office environment. Work to meet deadlines. Demanding workload with shifting priorities. Work in open space environment with consistent background noise WORK EXAMPLES See Addendum #1 – Listing of relevant Acts and legislation Researches proposed legislation including other jurisdictions monitors proposed Bills and watches their progression. Develops recommendations including the impact such legislation may have on the Public Guardian and Trustee of British Columbia. Conducts research on assigned files by, but not limited to, accessing documents such as company and land titles, driver’s licenses, liens, probate and will searches, medical records, police records, incident reports, invoices, photographs, school records, other government file information; contacting and personally interviewing children in care, social workers, foster parents, witnesses, police, crown counsel, insurance adjusters, teachers, medical practitioners, employers, etc. Conducts research of legal issues and conducing quantum assessments using legal databases such as Westlaw, eCarswell, CLE Case Digests, CanLII, Courts of BC Reasons for Judgement Website, etc. COMMENTS Page 3 of 8 PREPARED BY NAME: DATE: Sara Campbell January 4, 2010 EXCLUDED MANAGER AUTHORIZATION I confirm that: 1. the accountabilities / deliverables were assigned to this position effective: 2. the information in this position description reflects the actual work performed. 3. a copy has / will be provided to the incumbent(s). NAME: SIGNATURE: DATE: Page 4 of 8 ORGANIZATION CHART Director SL Administrative Coordinator Clk 11 Manager, CYS BL 8 x Legal Counsel Administrative Team Leader CS14 Financial Officer EO21 Manager, CYS BL Guardianship & Trust Officer AO21 Team Administrative Aide CS9 Financial Assistant Clk14 Guardianship & Trust Officer AO21 Guardianship & Trust Officer AO21 Team Administrative Aide CS9 Financial Assistant Clk 14 Guardianship & Trust Officer AO21 Guardianship & Trust Officer AO21 Team Administrative Aide CS9 Guardianship & Trust Officer AO21 Guardianship & Trust Officer AO21 Team Administrative Aide CS9 Guardianship & Trust Officer AO21 Guardianship & Trust Officer AO21 Paralegal AO18 Paralegal Admin Asst Clk 9 Paralegal AO18 000 00000 145 Team Administrative Aide 000May CS9 Guardianship & Trust Officer AO21 Legal Secretary CS11 Legal Researcher AO21 Legal Secretary CS11 Paralegal AO18 Legal Secretary CS11 Paralegal Admin Asst Clk 9 Legal Intake Liaison Clk 9 Legal Secretary CS11 Paralegal AO18 GTO (.5) AO21 Paralegal Admin Asst Clk 9 Page 5 of 8 STAFFING CRITERIA Education and/or Occupational Certification University Degree in behavioural sciences, law, political science or a related field or Recognized Paralegal Certificate with a minimum of 3 years experience in a legal environment Experience and/or Achievements Minimum of three years of satisfactory work experience in a related field (e.g. legal environment or justice system). Minimum of 2 years experience supervising staff Experience using word processing, spreadsheet and database applications. Knowledge Excellent knowledge of Child and Youth Services, including relevant statutes covering the services provided by the Division Excellent working knowledge of legal procedures, including how to draft court documents and legal research methods. Excellent knowledge of provincial and higher court procedures and legal terminology Excellent knowledge of proper form of business letters, business English and contract language Good knowledge of ICBC procedures and management of personal injury files Good knowledge of will and estate law and probate procedures Good knowledge of the Limitation Act Good knowledge of office technology (computers, faxes, photocopiers, etc) Good knowledge of Microsoft office software Good knowledge of Microsoft office software Skills and Abilities Ability to conduct legal research Ability to review, analyze and summarize legal issues in order to make sound recommendations Ability to interpret and apply Section 7 of the Limitation Act, and other legislation as required. Ability to organize large volumes of work Ability to demonstrate excellent supervisory skills Ability to demonstrate excellent oral, written and interpersonal skills Ability to work independently with minimal supervision and exercise initiative Ability to organize workloads, set priorities, work under pressure and meet deadlines while maintaining a high degree of accuracy Ability to use initiative, good judgement and maturity in problem solving and decision-making Ability to act in a professional and tactful manner, using discretion with the Judiciary, legal profession, clients, their parents, collateral agencies and the general Public Guardian and Trustee of B.C. Ability to maintain strict confidentiality and impartiality Ability to demonstrate excellent conflict resolution skills Ability to demonstrate excellent Microsoft Office skills Ability to correctly cite case and statute law Ability to work as a team member Page 6 of 8 COMPETENCIES Analytical Thinking is the ability to comprehend a situation by breaking it down into its components and identifying key or underlying complex issues. It implies the ability to systematically organize and compare the various aspects of a problem or situation, and determine cause-and-effect relationships ("if...then…") to resolve problems in a sound, decisive manner. Checks to ensure the validity or accuracy of all information. Information Seeking is driven by a desire to know more about things, people or issues. It implies going beyond the questions that are routine or required in the job. It may include "digging" or pressing for exact information; resolution of discrepancies by asking a series of questions; or less-focused environmental "scanning" for potential opportunities or miscellaneous information that may be of future use. Initiative involves identifying a problem, obstacle or opportunity and taking appropriate action to address current or future problems or opportunities. As such, initiative can be seen in the context of proactively doing things and not simply thinking about future actions. Formal strategic planning is not included in this competency. Listening, Understanding and Responding is the desire and ability to understand and respond effectively to other people from diverse backgrounds. It includes the ability to understand accurately and respond effectively to both spoken and unspoken or partly expressed thoughts, feelings and concerns of others. People who demonstrate high levels of this competency demonstrate an understanding of others, including cross-cultural sensitivity. Leadership implies a desire to lead others, including diverse teams. Leadership is generally, but not always, demonstrated from a position of formal authority. The "team" here should be understood broadly as any group with which the person interacts regularly. Results Orientation is a concern for surpassing a standard of excellence. The standard may be one’s own past performance (striving for improvement); an objective measure (achievement orientation); challenging goals that one has set; or even improving or surpassing what has already been done (continuous improvement). Thus, a unique accomplishment also indicates a Results Orientation. Teamwork and Co-operation is the ability to work co-operatively within diverse teams, work groups and across the organization to achieve group and organizational goals. It includes the desire and ability to understand and respond effectively to other people from diverse backgrounds with diverse views. Service Orientation implies a desire to identify and serve customers/clients, who may include the public, co-workers, other branches/divisions, other ministries/agencies, other government organizations, and non-government organizations. It means focusing one’s efforts on discovering and meeting the needs of the customer/client. Page 7 of 8 Addendum #1: The Public Guardian and Trustee operates within the legislative authority and jurisdiction provided for under the following acts. Adult Guardianship Act Child, Family & Community Service Act Estate Administration Act Estates of Missing Persons Act Family Relations Act Health Care (Consent) Care Facility (Admission) Act Infants Act Insurance Act Insurance (Motor Vehicle) Act Patients Property Act Power of Attorney Act Public Guardian and Trustee Act Representation Agreement Act Trust and Settlement Variation Act Wills Variation Act Other Acts (also available at the Queens Printers web site) that directly or indirectly affect the operations of the Public Guardian and Trustee’s office are the: Canada Pension Plan Act Community Care Facility Act Company Act Criminal Injury Compensation Act Escheat Act Family Compensation Act Financial Administration Act Freedom of Information and Protection of Privacy Act BC Benefits (Income Assistance) Act Health Act Hospital Act Hospital Insurance Act Human Rights Code Income Tax Act Indian Act Land Title Act Limitation Act Mental Health Act Old Age Security Act Probate Fee Act Residential Tenancy Act Trustee Act Unclaimed Money Act Vital Statistics Act Wills Act Workers Compensation Act Page 8 of 8