Senior Legal Advisor

About Discovery

Discovery’s core purpose is to make people healthier and to enhance and protect their lives. We seek out and invest in exceptional individuals who understand and support our core purpose, and whose own values align with those of Discovery. Our fast-paced and dynamic environment enables smart, self-driven people to be their best. As global thought leaders, Discovery is passionate about innovating in order to not only achieve financial success, but to ignite positive and meaningful change within our society.

About Discovery Bank

Discovery Bank is a bank like no other – a shared-value bank, designed with our clients in mind. We’re all about sharing the value that clients create when they manage their money well, back with them through exceptional interest rates and rewards. Our Vitality Money programme measures how well clients manage their finances, informs them of what it means to be financially healthy, and empowers them with the knowledge to get enhanced rewards for managing their money well. If you’re adaptable, a problem-solver, always questioning the way things are done, passionate about doing what is right, and obsessed with providing a quality service experience, we have a job for you where you can be your best in an environment that’s safe and nurturing.

Job Purpose

The Senior Legal Advisor is part of the Legal Team. The incumbent will report to the Head of Legal and will act in an advisory capacity to internal business stakeholders on a variety of legal matters, including those related to intra-group contracts, service provider negotiations and contracting (specifically including technology related contracts), product terms and conditions,  court pleadings as well as other legal contractual arrangements.

Areas of responsibility may include but are not limited to:

• Providing senior legal support to the Head of Legal, by providing accurate and timely legal advice to the relevant business stakeholders and where required, to Senior Management, on a variety of legal topics.
• Providing strong senior legal support to the Head of Legal, by independently vetting, drafting and conducting contract negotiations on complex legal, banking and technology related contracts including, ICT Procurement Agreements, Master Agreements, Services Agreements, Service Level Agreements, Software License Agreements, Software Development Agreements, Software Configuration and Integration Agreements, Support and Maintenance Agreements, Hardware Related Agreements and Consultancy Agreements.
• Collaborating with the relevant business stakeholders to draft client specific legal requirements including product terms and conditions, legal notices and other contractual documentation.
• Conducting research and analysing legislation with a view to identifying legal risks to be highlighted to the Head of Legal for effective management and resolution thereof.
• Communicating and negotiating with external parties (external counsel, service providers etc.) in respect of drafting of legal documentation.
• Reviewing, editing and drafting templates, revised clauses to templates and ensuring alignment to best practice in the market.
• Drafting well-structured legal responses to letters of demand.
• Drafting, vetting, amending and advising on client facing terms and conditions to Bank products. Providing an advisory role to business in the legal construct of Bank products. Drafting, vetting, amending and advising on client facing marketing material prior to publication.
• Collecting, recording and execution of 3rd party legal investigation requests, regulatory inspection requests and court pleadings such as, subpoenas, summons, court orders, warrants of execution.    
• Responses to dispute resolution matters and court processes.
• Identifying complex problems and mitigating legal, technical and commercial risks for the business and providing solutions to management.
• Supporting the Head of Legal and various business stakeholders by dealing with complex legal matters across multiple stakeholders. Legal Risk Analysis and Reporting to management.
• Providing clarity on legal language or specific interpretation to various stakeholders.
• Internal and External Stakeholder Management. Conducting research on various legal matters from time to time.

Education and Experience

• Bachelor of Laws (LLB) or equivalent law degree
• Admitted Attorney would be advantageous (preferred).
• At least 5 years’ post admission, legal working experience specifically within the Information Technology Law sector (required).
• At least 3 years’ post admission, legal experience within the financial services / banking sector.
• At least 2 years’ post admission, legal experience specifically within retail banking (preferred).

Technical skills and Knowledge

• Strong and technically competent working knowledge and legal contract drafting and negotiation skills on technology related agreements, such as software and hardware licensing, software and hardware support and maintenance, development, configuration, implementation, related service level and other professional service agreements.  
• Interpretation of legislation to mitigate Legal risk.
• Ability to convert business requirements into contractual clauses.
• Commercial and retail banking contract drafting across various stakeholders, including negotiation in respect of contracts.
• Ability to advise and agree on legal construct and to negotiate best position for bank in inter group agreements.
• Working knowledge of applicable legislation, including the Banks Act, the National Credit Act, FAIS, FICA, ECTA, POPIA and Code of Banking Practice.
• Ability to translate legislative requirements into technical specification of respective products.
• Ability to draft documents aligned to legislative requirements in respect of all related. Business documentation.
• Ability to draft Terms and Conditions.
• Enabling business decisions through advice on legal construct.
• Providing legal opinions within the Bank.
• Drafting reports for submission to the Head of Legal in respect of various matters in the legal department.

EMPLOYMENT EQUITY   
                             
The Company’s approved Employment Equity Plan and Targets will be considered as part of the recruitment process. As an Equal Opportunities employer, we actively encourage and welcome people with various disabilities to apply.