ROCHDALE BOROUGH COUNCIL JOB DESCRIPTION

SERVICE: Corporate Services

SECTION: Legal Services

LOCATION: Number One Riverside

JOB TITLE: Litigation Lawyer

POST NUMBER:

Grade: 9

Accountable to: Senior Litigation Lawyer

Accountable for: -

Hours of Duty: 37 flexible working hours in accordance with the needs of the service.

Any Special Conditions of Service: The Authority operates a Smoke Free Policy for all its employees and applies to any building and associated grounds within in the immediate vicinity of the building which is wholly owned, leased or operated and occupied by Rochdale Borough Council.

Casual user Car Allowance

Attendance at meetings which will be compensated in accordance with Local Conditions of Service.

The Post is subject to restriction on public political activity in accordance with the provisions of Part 1 of the Local Government & Housing Act 1989.

The Council is committed to safeguarding and promoting the welfare of children, young people and vulnerable adults and expects staff to share this commitment.

PURPOSE AND OBJECTIVES OF THE JOB

To provide an effective, efficient and professional in-house legal service to the Council.

To provide in-house legal support to the Council in relation to general litigation (including anti-social behaviour related litigation) with a focus on local authority regulatory work, prosecutions and licencing and miscellaneous local government legal work.

To take responsibility for the provision of accurate and robust legal advice in order to support Legal Section and Council priorities.

To support effective and informed decision making.

To assist in the development of staff within Legal Services and other Council services through training, support and advice.

To actively contribute to the development of Legal Services to ensure value for money.

To act as an Ambassador for Legal Services and the Council at all times and develop and maintain effective and professional relationships within Legal Services and the Council/partners to raise the profile of Legal Services.

To contribute to the delivery of Legal Services and the Council’s objectives, policies and procedures.

Control of Resources

Personnel

To be responsible for the direction, support and motivation of self.

Financial

To work in accordance with the financial regulations and procedures of the Council.

To negotiate, maintain and arrange payment of external lawyers’ fees and any other third party fees properly incurred together with any other related expenses.

To time record as required.

Equipment/Materials

To be responsible for the effective use and security of legal systems relevant to the post including software and ICT equipment.

To be responsible for the efficient and effective use of the premises, furniture, equipment and consumable goods used in relation to the work of the post holder.

Health/Safety/Welfare

Responsibility for the safety and welfare of self and colleagues in accordance with the Health and Safety Policies of the Council.

Equality and Diversity

To work in accordance with the Authority’s Policy relating to the promotion of Equality and Diversity.

To be responsible for completing Equality Impact Assessments where appropriate and relevant to the post holder’s areas of responsibility.

Training and Development

The post holder will be responsible for assisting in the identification and undertaking of his/her own training and development requirements in accordance with the Council’s Employee Development Scheme.

The post holder will assist in developing colleagues within Legal Services knowledge in relation to relevant legal work.

The post holder will be responsible for the delivery of training to a range of audiences including non-specialists, Elected Members and colleagues

Relationships (Internal and External)

Internal:-

All staff in Legal Services

Other staff of the Legal & Democratic Services

Officers of other Council Service Areas

Members of the Council

External:-

Parties to proceedings (including their representatives)

Members of Parliament

Officers of the Courts / Tribunals

General public

Offices of other Local Authorities, Public Bodies and Government Departments and Agencies

Members of the Public

Responsibilities

The post holder must -

• Perform his/her duties in accordance with all Rochdale Council’s Policies, including Equality and Diversity Policy.

• Ensure that Rochdale Council’s commitment to public service orientation and care of our customers is provided.

• Be responsible for the legal work they undertake.

• Act as a legal representative for the council and to provide advice and guidance to elected Council Members and to Officers.

Values and Behaviours

Approach the job at all times using the values set out below

• Proud

• Passionate

• Pioneering and Open

Be aware of and apply these behaviours at all times.

Principal Duties

1. To advise on general litigation with a focus on local authority regulatory work, prosecutions and licensing (including anti-social behaviour related litigation) relating to the Council’s functions and to prepare, conduct and appear on behalf of the Council in the Courts or to instruct Counsel in appropriate cases.

2. To provide advice and undertake legal work in respect of the Council’s duties, functions and powers ensuring that the Council’s interests are protected at all times.

3. To prepare and conduct proceedings before the Courts and to appear as an advocate on behalf of the Council in the Magistrates Court, the County Court and other Courts and Tribunals and to instruct Counsel in appropriate cases.

4. To attend and advise at Committees and sub-Committees of the Council and other meetings with Elected Members as appropriate.

5. To attend, advise and (if required) chair any inter-service Working Group, Working Party, Panel, Multi Agency meeting or similar and provide advice ensuring that the Council’s interests are protected and represented.

6. To provide advice and assistance to colleagues within Legal Services and other Council Services in relation to legal work and any potential impact on their respective duties.

7. To provide verbal and legal written advice on any aspect of a matter requested and falling within the post holder’s remit to a high quality and professional standard including with the support of external legal advisers where appropriate.

8. To negotiate and arrange payment of external lawyers’ fees and any other related expenses.

9. To time record.

10. To keep the Head of Legal Services/the Assistant Director (Legal and Governance) briefed and updated as requested.

11. To provided training to and enable the transfer of skills and knowledge to colleagues within Legal Services.

12. To prepare reports and provide legal comments within reports in order to ensure that Officers and decision makers are fully informed of the legal implications of proposed courses of action and to ensure that reports include reference to the legal position.

13. To prepare and draft documentation for Court as required.

14. To promote compliance with the Council’s Constitution and procedure rules and to draw to the attention of the Monitoring Officer/Deputy Monitoring Officer any matters which require attention.

15. To keep up to date with all legal and policy changes affecting the post.

16. To perform all functions and duties effectively and in accordance with the following:- The Council’s Constitution; The Council’s Policies and Codes of Practice; Legal Services Standards, objectives, targets and timescales as appropriate; Legal Services Quality Procedures as appropriate.

17. To be responsible for the day to day organisation of personal workload.

18. To work flexibly as part of Legal Services and to cover other work as required and as is appropriate to the post holder’s remuneration and status.

19. To carry out such other duties as may be reasonably required which are commensurate with the post holder’s grade, experience, training and level of responsibility within the Council at N1R or at or from any other of the Council’s establishments.

Secondary Duties

1 To participate in Council programs of in-service training as a trainee and when required as a trainer facilitator.

2 To undertake such other legal work in other areas of law as may be determined by the Borough Solicitor, Assistant Borough Solicitor, and Senior Litigation Solicitor/Lawyer.