"JOB DESCRIPTION AND DUTIES OKLAHOMA BAR ASSOCIATION GENERAL COUNSEL"
JOB DESCRIPTION AND DUTIES OKLAHOMA BAR ASSOCIATION GENERAL COUNSEL 1. General Summary. The General Counsel (“GC”) supervises the daily operation of the Office of the General Counsel, which investigates grievances and prosecutes violations of the Oklahoma Rules of Professional Conduct or the Rules Governing Disciplinary Proceedings, supervises the attorney diversion program, and makes presentations to lawyers and non- lawyers concerning lawyer ethics and disciplinary issues. In addition to overseeing the performance of the Assistant General Counsels and other staff members, the GC personally handles a complaint caseload. The GC also works with the Professional Responsibility Commission on administrative matters and serves as a liaison to the Oklahoma Bar Association Board of Governors, Oklahoma Bar Association Committees, the courts, and other local and national entities concerning lawyer ethics issues. The GC is responsible for investigation and taking appropriate action to prevent the unauthorized practice of law. The GC also provides legal representation for the Association and its members when those members are sued in their official capacity as a representative of the Association. The GC provides advice to elected leadership and Association management on all legal matters. The GC answers to the Professional Responsibility Commission regarding disciplinary matters. On all other matters the GC answers to the OBA Board of Governors. The Office of the General Counsel also provides administrative assistance to the Clients’ Security Fund. The Clients’ Security Fund determines claims for reimbursement submitted by clients based on alleged dishonest conduct by Oklahoma attorneys. The Office of the General Counsel oversees investigation of all Clients’ Security Fund claims, handles reimbursement disbursements to claimants, initiates subrogation claims against attorneys, and works with the Clients’ Security Fund on administrative matters. The GC is also responsible for compliance and oversight of trust account overdraft reporting. The position of the General Counsel is a full time position. No outside employment may be undertaken without the prior approval of the President of the Oklahoma Bar Association. 2. Specific Duties and Responsibilities. The GC also fulfills specific duties and responsibilities as set forth in the Rules Governing Disciplinary Proceedings Rule 3.2. Rule 3.2. Duties. The General Counsel of the Oklahoma Bar Association shall have the following powers and duties in the area of discipline under these Rules: 1 (a) With the approval of the Commission, to employ and supervise staff needed for the performance of the duties of the office; (b) To investigate all matters involving possible misconduct or alleged incapacity of any lawyer, or the unauthorized practice of law, called to the General Counsel’s attention by complaint or otherwise; (c) To report to the Commission the results of investigations made by or at the direction of the General Counsel, and to make recommendations to the Commission concerning the institution of formal complaints for alleged misconduct or personal incapacity of lawyers; (d) To prosecute all proceedings under these Rules; (e) To appear at hearings conducted with respect to petitions for reinstatement of suspended or disbarred lawyers or lawyers suspended for incapacity to practice law, to cross-examine witnesses testifying in support of said petitions, and to marshal and present available evidence, if any, in opposition thereto; (f) To file with the Supreme Court certificates of conviction of lawyers for crimes; (g) To maintain permanent records of all active and inactive discipline and disability matters, subject to the expungement requirements of Rule 3.2(h), as follows: (1) All inactive disciplinary matters where a formal complaint has been filed with the Supreme Court, shall be maintained indefinitely; (2) All inactive disciplinary matters where a member has resigned pending disciplinary proceedings or pending investigation which might result in disciplinary proceedings, shall be maintained indefinitely; (3) All inactive disciplinary matters where a private reprimand has been issued by the Professional Responsibility Commission shall be maintained indefinitely; (4) All inactive disciplinary matters where the General Counsel’s Office has investigated a grievance and reported the grievance to the Professional Responsibility Commission or its predecessor for action, shall be maintained for a period of three (3) years from the date the grievance is made inactive; (5) All inactive disciplinary matters where the General Counsel has disposed of the grievance by informal procedures, shall be maintained for a period of three (3) years from the date the grievance is made inactive; (h) To expunge after three (3) years all records of the Commission relating to grievances terminated by dismissal, except that the General Counsel shall retain a docket showing the names of each respondent and complainant, the final disposition, and the date all records 2 relating to the matter were expunged, except the General Counsel may, prior to the expiration of the three (3) years, apply to the Commission for an additional three (3) years which application shall be granted upon a showing of good cause and with notice to respondent; expunge other grievances as directed by the Commission pursuant to Rule 5.3 (b). (i) To use the services of other members of the Oklahoma Bar Association (including, but not limited to, any state or county Bar grievance committee) in carrying out the duties imposed upon the General Counsel concerning the general supervision of all disciplinary matters affecting lawyers. 3