Assistant Bar Counsel at the Office of Bar Counsel

The Office of Bar Counsel in Massachusetts (OBC) investigates and prosecutes ethical misconduct by Massachusetts attorneys, educates attorneys on the Rules of Professional Conduct, and strives to better the profession.  The OBC is seeking an experienced attorney to join us in our mission to protect the public and promote professionalism.

GENERAL SUMMARY

Investigates and prosecutes allegations of professional misconduct before hearing committees, the Board of Bar Overseers (BBO), and the Supreme Judicial Court (SJC).  Renders ethical advice to lawyers and provides outreach to educate the bar on ethics.

ESSENTIAL JOB FUNCTIONS

• Investigates allegations of misconduct by attorneys through witness interviews, subpoenas, and collection of other relevant information.
• Analyzes whether facts as determined through investigation involve violations of the Massachusetts Rules of Professional Conduct meriting discipline.
• Synthesizes facts, rules and caselaw in charging memoranda and petitions for discipline for approval by Bar Counsel and reviewing member of BBO.
• Negotiates and prepares stipulations concerning facts, rule violations and sanctions for resolution of charges without hearing; prepares affidavits of resignation, admonitions, and diversion agreements.
• In preparing matters for hearing, participates in discovery, attends pre-hearing conferences, submits and responds to pre-hearing motions, prepares witnesses and assembles documentary evidence.
• Conducts full evidentiary hearings before hearing committees.
• Post-hearing prepares proposed findings of fact, conclusions of law, and supporting legal memoranda for post-hearing submission to hearing committees.
• Writes appellate briefs and presents oral arguments in appeals of hearing committee reports to BBO and appeals of board decisions to SJC.
• Renders informal ethical opinions to members of the Massachusetts Bar by telephone for several hours each month.
• Represents Bar Counsel in attorney reinstatement proceedings.
• Makes presentations at bar association and affinity group meetings, continuing legal education seminars and other events concerning professional responsibilities of attorneys.
• Participates in various office initiatives on ad hoc basis, including writing articles on ethical issues, developing office policies, organizing research materials, and presenting internal training.  Participates in hiring of staff and oversees the work of investigator(s) and secretary(ies) assigned to assist with their casework.

• Performs additional duties as assigned.

• Admitted to practice and in good standing in Massachusetts.
• Minimum five years legal practice, including trial and appellate experience.
• Knowledge of or experience in several areas of legal practice such as real estate, corporate law, immigration law, personal injury, criminal practice, domestic relations, probate law, bankruptcy, and civil litigation.
• Knowledge of bar discipline and rules of professional conduct preferred.
• Demonstrated litigation, oral advocacy, and legal writing skills.
• Demonstrated oral and written communication skills.
• Well-developed interpersonal skills.
• Ability to manage and develop staff.
• Demonstrated commitment to diversity, equity, and inclusion.

• Supervises investigative and secretarial staff.

• Normal office working conditions including frequent sitting, standing, walking, and computer monitor use. Occasional lifting up to 50 lbs.

The above statements are intended to describe the general nature and level of work being performed by people assigned to do this job.  The above is not intended to be an exhaustive list of all responsibilities and duties required. 

*External and internal applicants, as well as position incumbents who become disabled as defined under the Americans with Disabilities Act must be able to perform the essential job functions (as listed) either unaided or with the assistance of a reasonable accommodation to be determined by management on a case-by-case basis. 

COMPENSATION AND BENEFITS

The Assistant Bar Counsel are members of the OPEIU, Local 6, AFL-CIO collective bargaining unit, and the salary and benefits are negotiated and set-forth in the collective bargaining agreement.  The starting salary range for the Assistant Bar Counsel role is $108,192 – $134,176 based on experience.  As a unionized workplace, the BBO respects the rights of its employees under the existing collective bargaining agreement and applicable labor law.

APPLICATIONS AND INQUIRIES

Applicants should submit their application by November 30, 2024.

At the BBO, we embrace diversity, and we are seeking to nurture our DEI efforts so diversity will thrive because it benefits our organization, the bar, and the public we serve. Our goal is to attract, develop, and retain exceptional people and to provide equal employment opportunities to all employees and applicants for employment without regard to race, color, ethnicity, religion, sex, gender, gender identity and expression, sexual orientation, national origin, disability, age, marital status, veteran status, pregnancy, parental status, genetic information, or characteristics. In addition to federal law requirements, the BBO complies with applicable state and local laws governing nondiscrimination in employment. The BBO actively encourages applications from candidates, including those from marginalized communities, who would both contribute to and learn from working in a diverse, equitable, and inclusive workplace. We invite you to include in your application materials an expression of your commitment to DEI and how you will contribute to the BBO’s ongoing efforts.