Job Description

POSITION PURPOSE

This position will be a shared resource and service both the Group Legal division and Property Management divisions.

In-house Attorney dealing on a day-to-day basis with all matters that have legal consequence to the Group & Property Management within the Company, as well as providing guidance, training, advice and, where necessary, intervention, on the day to day running of the business from a general legal risk and compliance perspective.

KEY RESPONSIBILITIES

• Reviewing, negotiating, drafting and authorizing of contracts and other legal documents.
• Provision of day-to day legal advice and opinions
• Resolving of disputes / litigious matters
• Co-Ordination and running of formal litigation, where required.
• Responsible for legal compliance and risk management, which will include effective contract risk assessment
• Interpreting and commenting on all legislation affecting
• Perform dedicated comprehensive legal services on tenant legal matters to portfolios where same is required from time to time
• Provide general legal assistance and support to the Company as required from time to time
• Liaising with 3rd party attorneys from time to time when required
• Maintaining and monitoring the Panel of Attorneys as appointed to provide services on tenant legal matters
• Drafting and maintaining legal and compliance related procedures as and when required

ESSENTIAL FUNCTIONS AND BASIC DUTIES

1. Management of Legal Matters, where required by the client/portfolio:

• Manage and provide guidance iro legal arrears on a day to day basis in conjunction with Property Management
• Liaise with attorneys and counsel in order to expedite the collection of legal arrears,
• Attend to and facilitate bad debt co-ordination and negotiations with Senior Property Managers,
• Prepare, motivate and manage write-off documentation
• Co-ordinate litigation
• Provide/obtain/assess opinions required and advise accordingly.
• Assist in negotiations for collection and settlement of debts
• Manage external legal service providers incl 3rd party attorneys on litigation files
• Ensure that legal reports are prepared accurately and distributed on time
• Review and prepare agreements as required, including but not limited to, property management agreements, service provider agreements, lease agreements, addenda, cancellations, letters of demand
• Liaise with Group Legal Services as and when required
• Assist with all and any Group legal matters as and when required
• Assist with insurance claims with regard to sourcing of information, providing guidance and management of litigation matters

2. Contract Administration

• Prepare contract documentation and templates
• Develop and manage standard terms and conditions to ensure consistency of commercial agreements from a legal and risk management perspective
• Ensure all contracts are kept current, up to date, easily accessible and placed in safekeeping
• Assume responsibility for end to end contract administration and risk management
• Ensure accuracy and completeness of all contracts, from initial preparation, discussion with management, through to contract renewal and service confirmation
• Ensure legal contracts and other documentation are prepared for signature and followed up to completion and sign-off by appropriate parties
• Ensure all relevant administration is maintained including scanning of all contracts onto the server, applicable access rights are applied and secure filing
• Liaise with vendors/contractors, clients and their legal advisors where and when necessary to conclude contracts, escalating those issues beyond authority levels
• Provide regular reporting on contract status and risks

3. Legal Counsel Management

• Provide recommendations and support for client engagements and negotiations
• Represent and assist the Group and Property Management Divisions in litigation matters, and, where necessary, through external legal resources
• Brief and manage external legal counsel
• Manage and effectively control legal fees for external counsel

4. Analysis and Research

• Analyze service provider and client issued contracts to ensure they are in line with business requirements within all relevant commercial policies and are legally sound whilst highlighting any potential risks to the business
• Research and analyze the implications of legislation and regulatory matters that affect the company and provide feedback to the company as and when required
• Remain current and up to date on legal matters which may have an impact/be of interest to the company and its various service lines

5. Risk & Compliance

• Co-ordinate and ensure knowledge and compliance with relevant local laws and supervisory requirements in SA
• Act as advisor on issues involving company compliance with governmental and regulatory standards
• Assume accountability for accurate and sound interpretation of contract law to ensure short and long term mitigation of risk
• Implement processes regarding the best legal operational practices/procedures within the Property Management Division
• Review legal risks and co-ordinate the implementation of appropriate measures and or procedures to mitigate such risks

6. General role

• Manage and interact with team members to ensure the company brand remains the employer of choice
• Provide guidance and support to the team and, where applicable, direct reports to ensure a culture of transparency and collaboration
• Identify areas for development & training on legal matters within the team
• Drafting of non-standard agreements and/or negotiate amendments on a range of contracts of varying levels of complexity
• Manage various business contractual commitments
• Advise on relevant regulations
• Provide in-house legal support & training on general legal matters and risk management
• Represent the Company and the Division on several Association bodies where required

EDUCATION/CERTIFICATION:
Admitted Attorney
Relevant degree in law (i.e. B. Proc / LLB) complimented by minimum 5 years post qualification experience in corporate /commercial law, preferably with experience in the Property industry, ideally having in-house experience at a large corporate with good generalist legal knowledge .

EXPERIENCE REQUIRED:
Experience in contract negotiation and drafting
Ability to provide independent advice (orally and in writing)
Ability to recognize matters that will require specialist legal advice
Good planning and organizational skills
Ability to communicate and interact at all levels of the Company and Client(s)
Exceptional professional written and verbal communication and interpersonal skill
Knowledge of industry specific regulations
Demonstrate knowledge and experience in dealing with various authorities relevant to the Property Industry
Demonstrate knowledge and experience in dealing with various matters relevant to Property Management and the Property industry as a sector

SKILLS/ABILITIES:
Ability to communicate effectively at all levels
Excellent drafting and analytical skills
Ability to present internally and externally to various audiences
Ability to influence decision making
Structure information in a logical manner to facilitate understanding by the
intended audience
Develop and maintain good relations at all levels
Demonstrate initiative; be self -driven and motivated.

Broll Property Group