SPEC: REAL ESTATE COUNSEL CALIFORNIA STATE PERSONNEL BOARD SPECIFICATION REAL ESTATE COUNSEL Series Specification (Established December 17, 1985) SCOPE This series specification describes four legal classes used in the Department of Real Estate to provide a wide range of legal services. This series is available for use only with the Department of Real Estate. Incumbents in these classes may be responsible for performing a wide variety of legal work in the Department of Real Estate such as: administer a legal program; supervise a Department of Real Estate Legal Section; represent the Department of Real Estate in hearings; review subdivision filings; draft legal memorandums or opinions; prepare pleadings; and negotiate settlements of disciplinary actions against licensees. Schem Class Code Code Class OA93 5539 Real Estate Counsel I OA92 5538 Real Estate Counsel II OA91 5537 Real Estate Counsel III (Specialist) OA90 5536 Real Estate Counsel III (Supervisor) ENTRY LEVELS Entry into this class series requires membership in The State Bar of California. The class, Graduate Legal Assistant, is used to recruit State employees interested in pursuing legal careers in the State service. DEFINITION OF LEVELS DISTINGUISHING CHARACTERISTICS Differences between classes are essentially in the level of service and expertise incumbents can be expected to provide and in the difficulty of assignments they receive. The most difficult and complex assignments are those of the Real Estate Counsel III (Specialist) and Real Estate Counsel III (Supervisor), the latter having supervisory responsibilities as well. REAL ESTATE COUNSEL I This is a recruitment and development class for persons qualified to practice law in the State of California. Incumbents in the Real Estate Counsel I class are expected to initially perform the basic legal work of the Department of Real Estate and, under direction of a higher level Real Estate Counsel, progress to the more difficult legal work with increased independence and responsibility. REAL ESTATE COUNSEL II Incumbents in this class are more experienced Department of Real Estate attorneys who have demonstrated the capacity to benefit from increased independence and responsibility and the ability to perform the more difficult legal work of the Department of Real Estate. They are assigned responsibility for more difficult and complex disciplinary cases, trials with evidentiary issues, negotiations, recommended dispositions, memorandums, mortgage loan brokers opinions, Master Management Documents and complex subdivision file review. The Real Estate Counsel II may lead lower level attorneys. REAL ESTATE COUNSEL III (SPECIALIST) Incumbents in this class are the most experienced practicing attorneys in the Department of Real Estate. Incumbents at this level are experts in a broad or exceedingly complex area of Real Estate law and have demonstrated the capacity to effectively perform the most sensitive and complex legal work of the Department of Real Estate. Real Estate Counsel III (Specialist) works with broad discretion and independence with minimum supervision on the most difficult assignments, directs the most complex investigations, negotiates with attorneys for subdividers and serves as program experts. A Real Estate Counsel III (Specialist) may act in a lead capacity when the staff size is so large or the work so complex as to require both a first line supervisor and a lead attorney. Since only a few positions may reasonably be expected to perform at this level, allocation to this level will be controlled by staffing ratios. REAL ESTATE COUNSEL III (SUPERVISOR) This is the first supervisory level. Under general direction, incumbents plan, organize, and direct the work of a small staff of Department of Real Estate attorneys and, in addition, develop strategy in the most complex real estate disputes or litigations; may personally perform the most difficult and complex litigation, negotiation, hearings, legal research, and opinion drafting; and may be responsible for all legal staff in a district office. Since only a few positions may reasonably be expected to perform at this level, allocation will be controlled by staffing ratios. MINIMUM QUALIFICATIONS ALL LEVELS: Experience applicable to one of the following patterns may be combined on a proportional basis with experience applicable to the other to meet the total experience requirement. Experience in California state service applied toward "Pattern II", in all classes, must include the same number of years of qualifying experience as required in "Pattern I" performing the duties at a level of responsibility equivalent to that described in "Pattern I". In addition, all candidates must have membership in The State Bar of California. (Applicants must have active membership in The State Bar before they will be eligible for appointment. Applicants who are not members of The State Bar of California but who are eligible to take The California State Bar examination will be admitted to the examination but will not be considered eligible for appointment until they are admitted to The State Bar.) REAL ESTATE COUNSEL I Membership in The State Bar of California. REAL ESTATE COUNSEL II Either I Two years of experience in the California state service performing legal duties* equivalent to the class of Real Estate Counsel I, Range C. (Applicants who have completed 18 months of the required experience will be admitted to the examination, but must complete two years of such experience before they will be eligible for appointment.) Or II Five years of responsible experience in the practice of law* performing duties equivalent in level or responsibility to Real Estate Counsel I. REAL ESTATE COUNSEL III (SPECIALIST) REAL ESTATE COUNSEL III (SUPERVISOR) Either I Two years of experience in the California state service performing legal duties* equivalent to the Real Estate Counsel II. (Applicants who have completed 18 months of the required experience will be admitted to the examination, but must complete two years of such experience before they will be eligible for appointment.) Or II Broad and extensive experience (more than six years) in the practice of law* equivalent in level or responsibility to Real Estate Counsel I. KNOWLEDGE AND ABILITIES ALL LEVELS: Knowledge of: Legal principles and their application; legal research methods, court procedures, rules of evidence and procedure; legal terms and forms in common use; statutory and case law literature and authorities. Ability to: Analyze legal principles and precedents and apply them to legal and administrative problems; perform and direct legal research; present statements of fact, law and argument clearly and logically in draft opinions, pleadings, rulings, regulations and legislation; negotiate effectively; conduct civil litigation; assist in crucial litigation. A greater degree of these knowledge and abilities is required at each higher level. REAL ESTATE COUNSEL II REAL ESTATE COUNSEL III (SUPERVISOR) Knowledge of: All of the above, and the Administrative Procedure Act; the Real Estate Law; the Subdivided Lands Act; the Mineral, Oil and Gas Broker Licensing Law; the Subdivision Map Act. Ability to: All of the above, and handle the more difficult and complex negotiations, disciplinary cases, subdivision file reviews; effectively represent the Department of Real Estate in administrative hearings involving complex cases; negotiate disposition of Subdivided Lands Act issues. A greater degree of these knowledge and abilities is required at each higher level. REAL ESTATE COUNSEL III (SUPERVISOR) Knowledge of: All of the above, and principles of supervision and the Department of Real Estate's affirmative action objectives; a supervisor's role in the Affirmative Action Program and the processes available to meet affirmative action objectives. Ability to: All of the above, and effectively contribute to the Department of Real Estate's Affirmative Action Program. CLASS HISTORY Date Date Title Class Established Revised Changed Real Estate Counsel I 12/17/85 -- -- Real Estate Counsel II 12/17/85 -- -- Real Estate Counsel III 12/17/85 11/18/86 -- (Specialist) Real Estate Counsel III 12/17/85 11/18/86 -- (Supervisor) *Experience in the "practice of law" or "performing legal duties" is defined as only that legal experience acquired after admission to The Bar.