General Information:

Position Title:

Legal Expert

Reports to:

Additional Director - Program Monitoring

Department:

Bihar Vikas Mission

Job Code:

Key Accountabilities

Policies

• Facilitate development of legal policies and practices for the State departments by providing advice and suggestions

• Provide expert advice to State departments in driving and monitoring policies and processes related to all legal aspects

Legal

• Provide reliable and effective advice on all legal aspects, at request or at own initiative, to State departments, in order to enable the State departments to function effectively whilst being legally and statutorily sound

Litigation

• Provide expert advice to State departments in preventing and / or solving disputes via litigation,

• Facilitate selection of and coordination with external counsel in managing court proceedings (including arbitrations, mediations and tribunals) assessing the companys legal position and guiding in conducting negotiations in litigation matters

Compliance

• Recommend monitoring systems and mechanisms and assist State departments in monitoring adherence to regulatory and compliance requirements

• Create awareness of relevant rules and regulatory and statutory requirements and of corresponding legal implications by facilitating design and rollout of relevant policies and programs

Contracting & Negotiation

• Provide expert advice to State departments on drafting of contracts and preparation of legal agreements with external parties (vendors, suppliers etc.) in line with the with established guidelines and procedures

• Assist State departments with RFP preparation, tendering process, and preparation of project proposals and other documents for due diligence, by providing inputs from a legal standpoint, in line with established guidelines and procedures

• Provide guidance to State departments in carrying out negotiations with external parties and personally lead / participate in major negotiations, ensuring favorable terms and conditions for the State departments

• Assist State departments with legal review of the proposals and reviewing the profile of the contractors and service providers and the applicable registrations

Intellectual Property

• Monitor and oversee trademark and other intellectual property related activity ensuring compliance to established regulations and guidelines and provide advice on resolving related issues, as required

Continuous Improvement

• Identify opportunities for continuous improvement of systems, processes and practices taking into account international and national best practices, in order to facilitate cost optimization and productivity improvement

Policies, Systems, Processes & Procedures

• Recommend improvements to functional procedures and follow all relevant departmental policies, processes, standard operating procedures and instructions so that work is carried out in a controlled and consistent manner

Related Assignments

• Perform other related duties or assignments as directed

Qualifications and Experience

Essential

• Bachelors degree in Law (full time) from any of the top 125 institutes as published under the National Institutional Ranking Framework issued by MHRD and / or QS World University Rankings and / or UGC recognized University Rankings, as updated from time to time

• Qualified to be registered as an advocate in any State Bar Council of India in terms of Advocates Act, 1961

• Minimum 15 years of post-qualification experience in legal and litigation with specialization in service matters

• Minimum 5 years of experience in providing advice on all legal aspects and dealing with litigation matters in central / state government organizations / multilateral / bilateral development agencies (e.g. World bank, DFID, UNDP, ADB)

Preferred

• Less than 70 years of age as on 1st January 2017

• At least 3 years of experience as Head of Legal Department or at least 5 years as Senior Legal Counsel in a reputed private organization / multinational corporation (Revenue > 100 crores; Total employees > 100)

• Proven track record of providing independent advice (orally and in writing) to senior level government stakeholders on highly technical and complex legal matters

• Honors / Awards / discourses / recognized publications in relevant area will be an added advantage

Knowledge and Other Skills

• Strong negotiation, relationship management and communication skills necessary for interaction with the departments, the judiciary and negotiating parties

• Excellent knowledge of, and significant experience with, laws dealing with government and commercial contract administration, particularly contract negotiation, preparation and administration

• Excellent knowledge of latest and new laws and litigation matters

• Good understanding of laws and legal aspects across different sectors and industries

• Experience in successfully managing and conducting a variety of litigation matters

Competencies

Basic

Proficient

Expert

i.

Strategic/Innovative Thinking

ii.

People First

iii.

Consultation and Consensus Building

iv.

Initiative & Drive

v.

Problem Solving

Basic

Proficient

Expert

Aware of principles and their application

Sufficiently competent to work alone

Competent to support and advise others