August 2017
NORTHERN IRELAND HEALTH AND SOCIAL SERVICES
BUSINESS SERVICES ORGANISATION
JOB DESCRIPTION
JOB TITLE:Solicitor (Consultant)
REPORTS TO:Assistant Chief Legal Adviser
RESPONSIBLE TO:Chief Legal Adviser
MAIN FUNCTIONS:
The Solicitor will assist in the provision of legal services to a range of clients within the Health and Personal Social Services. The postholder will provide advice and representation in the areas of procurement and commercial/contract law to clients within the Health and Social Care. The postholder will provide legal support to all HSC Bodies, including the BSO Procurement and Logistics Service, in its role as Centre of Procurement Expertise to NI Health and Social Care. He/she will provide these services in accordance with the standards established by the Chief Legal Adviser and the Organisation’s Service Level Agreements with its clients.
MAIN DUTIES:
A.
(i)To provide timely specialist legal advice, assistance and representation for clients in procurement and commercial/contractual matters.
(ii)To provide legal support in tendering processes for BSO Procurement and Logistics Service, and all clients in respect of HSC procurement exercises: in particular providing advice and assistance in the development of individual tenders and standard and special terms and conditions of contract; to attend meetings, provide verbal and written advices, and correspond with relevant third parties. To provide consultancy support as part of a procurement team, on major ICT projects which are commissioned by HSC Board.
(iii)To provide legal advice on general issues, relating to procurement and commercial/contract law, in order to assist procurement staff, and HSC clients, in taking measures to prevent or minimise threats of legal action by third parties, to participate as a team member on procurement projects particularly in the area of information technology.
(iv)To undertake requisite research on legal issues, particularly relating to procurement and commercial/contract law, and alert clients to key developments in case law which might affect established procurement arrangements of processes.
(v)To provide training for BSO staff and HSC clients as required on relevant legal issues.
(vi)To comply with relevant court rules and practice directions and orders and directions of the court when managing High Court Litigation, and to comply with clients’ instructions.
(vii)To instruct counsel in High Court actions and liaise with clients to carry out Counsel’s directions.
Please note: the post holder may be required by the Chief Legal Adviser to undertake duties in other areas of law in order to assist the efficient delivery of the service to clients.
B.Other duties will include a mix of the following:-
1 (a)Investigate and assess BSO and HSC clients legal liability (including both negligence and causation) in respect of individual claims. This involves gathering and considering relevant information, taking detailed statements from HSC staff, instructing expert opinions in relevant specialisms and use of professional judgment by the job holder. This allows for the accurate assessment of legal liability and for recommendations to be made to clients regarding practical and cost effective solutions which they may choose to follows, often in very high value (multi-million pound), complex claims involving issues of considerable sensitivity and importance. To defend and contest cases in respect of liability and quantum on behalf of clients; and protect their interests (financial and professional). To obtain the best possible outcome for clients resulting in savings for the public purse.
(b)Give timely legal advice and opinions to clients in respect of their statutory responsibilities pursuant to child protection law and adoption law. In particular the need to act proportionately and fairly, in recognition of balancing rights and freedoms. This includes the gathering and consideration of relevant instructions and evidence, to evaluate same and consider if the necessary legal criteria can be established, and further to assist clients with case management and planning both for legal intervention, if necessary and/or engagement with the family. To review statements, to collate discoverable documentation, to review assessments of risk; to consider past, current and proposed assessments to endeavour to abate such risks, and to consider care plan arrangements for children. Further, when necessary, to liaise with clients in respect of issues for experts to consider, and to then draft a letter of instruction, if possible on a joint basis and seek the leave of the Court, if necessary for such an appointment and further for examination or assessment of children or their family. Toat all times assist clients to comply with their statutory obligations pursuant to recognised Court standards of good practice.
(c)Investigate title deeds and other related documents of title in the preparation of contracts for the sale and or lease of HSC, Board, Trust or Agency property. To prepare and reply to pre contract enquiries and other requisitions of title in all land transactions for HSC clients. To discharge all responsibilities in respect of proceeds of sale. To attend, when necessary at public auctions to ensure all queries in respect of title can be immediately clarified. To consider issues in respect of easements, rights of way, and other impediments upon title. To correspond and communicate in respect of general practitioner loans and charges upon surgery properties. To liaise with Registry of Deeds and Land Registry Offices, and carry out appropriate searches to ensure good title. To liaise with purchaser and or vendor’s Solicitors and or agents in a prompt and professional manner so as to ensure the efficient completion of all conveyancing and leasing transactions. To include all responsibilities in respect of proceeds of sale or lease.
(d)Action clients’ instructions in relation to the pursuit or defence of claims and possible settlement. This involves taking witness statements, instructing and assessing expert opinion, and other relevant evidence, drafting pleadings and other court documentation, preparing support documentation in the form of productions for Court. Tribunal or other proceedings, appearance on behalf of clients in the capacity of instructed Solicitor, researching the law, and either appearing personally to present evidence and legal arguments to the Court, or other judicial body, or instructing Counsel to do so, all to ensure that the interests of clients and public funds are adequately protected.
(e)Provide timely legal advice frequently in complex situations both in writing and in person in relation to specific claims and situations and specific areas of law, or more generally, to a wide range of Executive (including Chief Executive) and Non-Executive Directors of HSC Board, Trusts, Agencies and managers, administrators and professional staff to ensure that they have accurate professional advice to enable them to plan and carry out their health and social care functions lawfully.
(f)Where the job holder is a member/chair of a specialist group, to develop and maintain up-to-date, in depth, specialist knowledge in the area of law concerned.
(g)Provide specialist advice in situations of high clinical and commercial sensitivity and urgency including advice concerning end of life decisions, interdicts and judicial review.
(h)Ensure that a high quality of legal service is delivered by clients by planning and organising the schedule of his/her own work in accordance with the operational requirements of their own and their Teams’ allocated client base in co-operation with the Chief Legal Adviser, and other Team members and with colleagues in relation to general or specialist group work, using his/her initiative, professional skills and organisational acumen.
(i)Will, as required, complete sufficient training and self development to meet the requirements laid down by the Law Society in terms of Continuous Professional Development.
(j)As an Officer of the Court will have a direct individual professional obligation to the courts. The job holder also has direct individual professional responsibility and accountability to the Law Society.
(k)Work in close association with Solicitors and support staff within DLS, sharing information and experience and participating in the development of the various sections to enable the Directorate to enhance its expertise and meet present and future demands and expectations of clients in the most efficient and effective way.
(l)Participate in lectures, seminars and at Conferences organised by DLS and other bodies speaking to groups of HSC staff in order to develop the knowledge and level of training of HSC, Board, Trusts and Agencies in relation to legal topics relevant to HSC in Northern Ireland.
(m)Provide clients on a regular basis and as requested with accurate legal risk rating assessments in respect of their claims portfolios and estimates of projected settlement and expense values to support clients in the preparation of their annual financial performance budgets.
2.The Solicitor Consultant will assist in the training of administrative staff.
3.The Solicitor Consultant will ensure that staff are treated in accordance with the Organisation’s core values, policies and procedures.
4.The Solicitor Consultant will be required to participate in the Out-of-House Duty Rota, at the discretion of Senior Management.
5.The Solicitor Consultant will participate as required by the Chief Legal Adviser in management issues in particular the Directorate’s Quality Initiatives.
6.The Solicitor Consultant will participate in the Directorate’s Performance Management procedures
7.The Solicitor Consultant will participate where necessary in job rotation arrangements/movement within the Directorate as required by service delivery requirements.
8.The Solicitor Consultant will undertake such other duties as may be required from time to time by the Chief Legal Adviser.
The duties outlined in this Job Description serve as a guide to the current and major responsibilities of the post. The duties and obligations associated with the post will inevitably vary and develop and the Job Description will be reviewed on a regular basis. Change will be subject to consultation with the postholder.
The postholder will be expected to help develop the work of not only the Directorate but the Business Services Organisation in general by identifying areas where change can create a more efficient, effective and responsible quality of service.
The successful candidate will be expected to comply with the Business Services Organisation’s No Smoking Policy.
THE BUSINESS SERVICES ORGANISATION IS AN
EQUAL OPPORTUNITIES EMPLOYER.
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