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The North Carolina Real Estate Commission is seeking an experienced legal professional to serve as Chief Deputy Legal Counsel, a senior leadership role within the Regulatory Affairs Division.
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.
Supervises a team of 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.
Assists in the supervision of a team of employees who perform difficult and specialized work investigating financial fraud, including complex, large-scale mortgage fraud cases; monitors the progress of active financial fraud investigations; reviews final reports and provides guidance and coaching to team members throughout the investigative process.
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 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.
Cooperates with other members of local, state and federal law enforcement agencies, including coordination of investigations among law enforcement agencies and working with state agencies where appropriate in seeing criminal prosecution and injunctive remedies.
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 the Commission on specialized legal issues such as timeshare registration, fraud, bankruptcy, etc., and on all interrelated statutory laws and rules.
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 administrative staff on policy questions and operating problems with legal complications.
Fosters and actively participates in collegial operating approach within the Commission; seeks and shares collaborative advice.
Assists in drafting legislation proposed by the Commission and formulating Commission rules for consideration by the Commission and may act as one of the Commission's legislative liaisons.
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.
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.
Required Experience
10 years of progressively responsible professional legal experience, including litigation.
Special Requirements
Law degree from a recognized school of law.
Licensed to practice in the State of North Carolina.
Successful completion of State Bar required hours of annual CLE credits.
Candidates must reside within a commutable distance of the Raleigh metropolitan area and be available to work on-site at the Commission's office as required
Required Application Materials
Applicants must submit a writing sample as part of the application.