General Counsel

Responsible for advising, acting on behalf of, and providing legal counsel to the Board of Directors, officials, credit union management, and employees of the credit union on legal issues involving the credit union to ensure compliance with applicable laws, regulations, and credit union policies while reducing risk. Update and disseminate information regarding laws and regulations. Provide legal counsel and handle legal matters. Manage the processing of legal department activity.

Responsibilities
Direct and control the activities of the Legal Department, Asset Recovery Department, and Security Department.

Provide legal and risk management advice to the Board of Directors, officials, President/CEO and other senior credit union management on corporate, regulatory, and compliance matters. Analyze issues in light of state and/or federal legal requirements. Provide legal opinions in the context of business objectives.

Serve as a member of the credit union’s senior management team and participate significantly in developing overall policies, program, objectives and goals.

Establish the procedures and design processes that result in departmental productivity and efficiency.

Participate in the development of long-range plans and budgets that contribute to overall profitability and growth.

Manage and oversee expenses.  Pursue cost-saving measures.

Effectively supervise personnel, ensuring optimal performance.

Provide leadership to assigned personnel through effective objective setting, delegation, and communication. Conduct staff meetings as required.  Assign, direct, and coordinate work.

Ensure that personnel are well trained, effective, and optimally used.  Instruct personnel regarding policy, procedure, and program changes and ensure that they are well informed regarding related legal and regulatory developments.

Conduct performance appraisals as required.  Formulate and implement corrective actions as needed.

Ensure that staffing levels are appropriate and human resources are effectively utilized.  Conduct interviews and assist with hiring as needed.

Assume responsibility for ensuring that professional business relationships are established and maintained with members, vendors, the business community, and trade organizations.

Contribute advice during Strategic Planning sessions to ensure that corporate goals and objectives are developed with sound legal principles in mind.

Recommend policy changes to senior management and/or the Board of Directors that will facilitate the credit union’s compliance program, reduce risk, and reflect changes in regulations.

Advise on corporate and board governance issues.

Work closely with President/CEO in the acquisition of real property for additional credit union branches.

Provide legal counsel and opinions to senior management on operational issues to ensure compliance with laws, regulations, and credit union policy. Advise credit union senior management concerning the implications of new or revised laws affecting the credit union.

Act as agent of credit union on various transactions.

Maintain a current knowledge of law, with emphasis in the area of financial institutions, in order to provide expertise in legal counseling/consulting. 

Provide legal support to management, supervisors and employees on problem matters involving members and other situations arising on a day-to-day basis.

Review business contracts and advise management concerning possible implications of such contracts.

Make recommendations on regulation/law change impact on operations, forms and services. Participate in review of documentation changes and updates.

Assist with training on compliance, legal and risk management topics.

Coordinate efficient use of and manage relationships with outside counsel either retained by the credit union (i.e. employment matters, complex bankruptcies) or retained by the insurer on behalf of the credit union including review of invoices for legal services.

Respond to correspondence from attorneys directed to credit union. Review incoming legal documentation for any necessary response by the credit union.
 

Prepare regulatory comments and correspondence to government and regulatory agencies.
 

Serve as Records Retention Compliance Officer which includes researching and informing employees the length of time records should be maintained.

 
Assist with special projects as requested.

Marginal Functions 

Review subpoenas and government agency requests, received by the credit union, for compliance with state and federal financial privacy regulations and respond appropriately. Provide legal advice and guidance to BSA, Fraud and Financial Privacy functions.

Represent, or when necessary assist outside counsel with representation of the credit union, the credit union in a variety of actions including civil and criminal suits, foreclosure, and bankruptcy actions.

Provide legal support to Collection efforts. Work with Collection Staff, Legal Assistants, and when necessary outside counsel to insure legal action is timely, appropriate and cost effective.

Prepare and file with the appropriate entity a number of legal documents such as complaints, summons, wage garnishments, levies on assets, probate claims, bankruptcy claims, etc. Review incoming documentation for any necessary response.

Respond to telephone calls from members and members’ attorneys regarding collections, bankruptcies, and other matters.

Perform other duties as required and/or assigned.

Qualifications
Bachelor’s degree from an accredited university or college and a Juris Doctorate from an ABA accredited law school. Must be licensed with the State Bar of Tennessee, or complete the licensing requirements within a negotiated timeline.

 
Eight to ten years of related experience in legal and regulatory compliance within credit unions and/or financial institutions, or a governing regulatory agency (NCUA, OCC, state regulatory agencies, etc.) is desired.
 

Other certifications, designations and/or licenses such as NAFCU Certified Compliance Officer designation are desirable but not required. Equivalent certification and/or licenses are also desirable.
 

Knowledge of:

State and federal laws governing creditor practices.
Financial Privacy Regulations.
UCC.
Trusts and Estate laws.
State and federal laws governing guardianship, conservators, power of attorney or other types of representative capacity.
BSA, Fraud, Identity Theft, OFAC, and AML regulations.
 

A high level of problem solving skills.
 

A high degree of poise, professionalism, and tact to represent the credit union positively in outside contacts of importance to the credit union.
 

Excellent verbal and written communication skills to communicate professionally.
 

Effective organizational and analytical skills with high degree of computer literacy and fluency in various Microsoft programs as well as standard spreadsheet tools.
 

Interpersonal skills must include the ability to motivate or influence others which requires a high level of diplomacy and tact. Must be able to obtain cooperation (internally and externally).
 

Regular and reliable attendance is required.
 

Possession of a valid, unrestricted driver's license.
 

Must be able to operate or have the ability to be trained to operate related office equipment, including calculator, personal computer, multifunction copier and telephone.

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