Legal Counsel

McGill University

About The Position

Reporting to the General Counsel and Director of Legal Services and with administrative reporting link to the Executive Director, Advancement Operations, the incumbent is responsible for providing legal advice to University Advancement staff, University officials, faculties as well as interacting with benefactors and their legal and financial advisors in contractual matters including the various legal and financial implications when major gifts, bequests and planned gifts and/or gifts-in-kind are being solicited, cultivated, and negotiated. The incumbent is also vested with the interpretation of the privacy law in reference to the various activities of the Unit.

Requirements

Knowledge of financial planning, corporate, tax, trusts, estates, charity and not for profit law in Canada, U.S., and international
Understanding of various development instruments
Experience in drafting and negotiating contracts, with a strong ability to articulate challenges and solutions.
Focus and self-motivation with a demonstrated ability to function autonomously and collaboratively, to use good judgement in dealing with clients and colleagues to achieve desired result.
Proactive, pragmatic and creative approach in solving complex problems, facilitating the resolution of disputes and the protection of University Advancement’s best interests, considering the it’s strategic priorities.
Ability to work in a collegial environment where differing interests must be reconciled with tact to achieve the desired results. To that end, experience of the higher education sector will be an advantage.
Demonstrated ability to deliver high quality work to meet strict deadlines , with excellent multi-tasking and prioritizing skills.
Strong sense of ethics, leadership and ability to share experience and expertise with client groups.
Demonstrated superior oral and written communications skills.
Fluency in English and French (oral and in writing) is required.
Advanced knowledge of MS Office, namely Word, and working experience with databases
Bachelor's Degree
8 Years Related Experience

Nice To Haves

experience of the higher education sector will be an advantage.

Responsibilities

Provide legal counsel to support development activities by facilitating the resolution of gifts (monetary and gifts-in-kind) made to the University. This would involve the development and review of financial and legal arrangements that benefit the donor and University to meet government and taxation requirements.
Investigate the legal implications of various financial vehicles (trusts, annuities, endowments, securities, land, stocks, insurance, real estate, gifts-in-kind, etc.) and their alignment with University policies.
Advise Development staff and University officials on legal and financial issues, including the application and interpretation of Canadian and U.S. tax laws, which affect planned gifts, corporate gifts and other development areas.
Review and negotiate Memorandums of Agreement (contractual agreements with donors regarding donations) as well as legal documents (e.g. estate wills, deeds, release and discharge forms, etc). Identify and research issues, potential liabilities, and concerns. Ensure agreements comply with laws, regulations, and University policy. Identify and quantify potential risks in proposed agreements.
Provide counsel on issues relating to estates and trusts functions to ensure proper administration and protection of the University's interests.
Provide counsel on matters related to affiliated charitable organizations (e.g. Friends of McGill, McGill University Trust…) and liaise with their legal counsel, when needed.
Coordinate advice on matters related to the application of privacy laws in reference to the operations of the Unit.
Provide counsel on issues related to the various Advancement programs and policies.
Work with University Advancement staff to resolve negotiations, misunderstandings or disputes related to contractual agreements. As required, provide counsel and coordinate advice with the support of outside counsel in cases under investigation and before outside tribunal/agencies (Access to information, OQLF).
Litigation involving University Advancement: Direct outside legal counsel, in consultation with the University’s Legal Department. Maintain functional supervision of cases to ensure protection of the University’s legal interests.
Conduct information sessions for University Advancement staff on legal, financial and tax issues pertaining to development matters to ensure awareness and compliance with current legislation, legal trends and rulings.
With the support of University Advancement staff, prepare bulletins to inform of changes in current legislation affecting development areas (e.g. contractual obligations, Canada / U.S and international tax laws, etc.).
Participate in the review or drafting of University policies or revision of existing University policies where University Advancement is the Executive Sponsor.

Benefits

Competitive benefits package (Health, Dental, Life Insurance)
Defined contribution pension plan (with employer contribution up to 10%)
Group Registered Retirement Savings Plan (RRSP) and Tax Free Savings Account (TFSA)
Competitive vacation policy
Two (2) personal days
Two (2) floating holidays
Nine (9) "Summer Fridays" - paid days off between the St-Jean Baptiste holiday and Labour Day
Paid time off over the December holiday period
Tuition waiver for regular employees and their dependents
Up to two (2) days of remote work per week where the position permits