Lawyers Beyond Private Practice: An Ombudsperson Officer
How lawyers can build a career at an independent office of the legislature
Everyone who goes through the trouble of completing law school and being called to the bar must have always dreamed of becoming a lawyer, and the reality of legal practice must be a dream come true. But that is not the case for every lawyer. For some, law school wasn’t a lifelong dream fulfilled. It was the search for a marketable skill when the graduate program in counselling psychology had higher entry requirements.
After three years of law school, one year of articling and a few years of private practice, I found my calendar was governed by work. My calendar was full of office hours, networking events, charitable causes and bar association activities. This was not a lifelong dream fulfilled, and it didn’t leave much room for personal endeavours and family.
To find balance in life, there are more options beyond using one’s legal knowledge and connections to work in arbitration and mediation, join academia or leave law completely to start a landscaping business. Balance can be restored at an independent office of the legislature.
Many legal skills, such as research, writing, critical thinking, the ability to understand legislation, inter alia, can be transferred to a career at a provincial ombudsperson’s office. Investigating allegations of administrative unfairness can be an intellectually stimulating challenge. It requires a deep understanding of administrative law and the concept of procedural fairness. It requires people skills—oh the people skills! You often deal with complainants and public servants with a range of backgrounds. Doctors, immigrants, criminals, farmers, assistant deputy ministers and teachers. It also requires becoming an “instant expert” in public programs and services that you hadn’t heard of the day before.
An ombudsperson officer (aka: an investigator) applies the principles of administrative law in reviewing decisions, acts, omissions and procedures of public authorities. Investigators in this role frequently act in a quasi-judicial capacity pursuant to delegated authority under their enabling statutes. Much like a traditional barrister and solicitor, investigators examine whether applicable legislation, regulations, policies and procedures may have breached administrative law principles. Investigators engage in fact-based persuasive oral and written communication, including negotiations with various stakeholders to resolve complaints and to prevent future instances of administrative unfairness. An ombudsperson officer also gets to suggest practice and policy improvements to public authorities. Perhaps most rewarding, there are opportunities to provide mentorship and coaching to a multi-disciplinary professional staff.
All this fun while receiving paid vacation and sick leave, extended health and dental benefits and accruing a pension.
When it’s time for a change from the excitement of procedural fairness and speaking truth to power, there are many opportunities in public service. These include working for a different oversight body, becoming a policy analyst and conducting regulatory investigations or prosecutions, thus becoming the potential subject of a future complaint to the Ombudsperson. The administrative law expertise gained is valuable and highly transferable.
