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SR DEVELOPMENT COUNSEL
Job Title: SR DEVELOPMENT COUNSEL
Job Code: 2216
FLSA: E
Job Level: 98
Revised Date: 07/01/2025
Job Family: JF 34
Occupational Summary
Provide advice and counsel regarding complex charitable gift transactions, risk management, gift planning/estate administration, and fundraising policy across the campus-wide fundraising enterprise, including frontline fundraisers and leadership of Alumni Engagement and Development (AED), Duke Health Development and Alumni Affairs (DHDAA), and schools and units. Develop and maintain relationships with Office of University Counsel (OUC), Treasury, Endowment/Investment Administration, and DUMAC, LLC. Serve as primary liaison with Office of University Counsel (OUC) on all alumni and development-related legal matters; also assist prospects, advisors, donors, and donor families in complex gift matters. This position will report to the Senior Associate VP for Fundraising & Campaigns and Chief Development Officer.
Work Performed
Support the work of development officers in structuring and closing complex gift arrangements and work with external advisors and Duke officials to complete gift documents.
Assist in drafting and review of gift and endowment agreements where a donor interest or gift situation requires a unique or complex solution, especially involving restrictions on use/designation.
Assist in responding to donor/advisor/fundraiser questions regarding the Long Term Pool and Endowment Administration matters.
Provide internal counsel regarding gift acknowledgment and recording.
Oversee cy pres matters in coordination with OUC.
Liaise with DUMAC, LLC regarding acceptance and appropriate liquidation strategies for gifts of complex business interests.
Oversee and manage reputational risk assessment and review process.
Assist with the creation, oversight and management of standardized gift agreement template/review process across the university.
Serve as a resource for development officers in each school and unit to ensure a cohesive and centralized approach to risk assessment and review.
Act as a resource on charitable remainder trust and charitable gift annuity agreements and related documents; support related negotiations.
Assist gift officers in identifying potential tax implications for the donor and the university of potential gifts with complex or unusual structures or situations.
Represent the university in routine probate and trust administration matters.
Oversee all probate litigation in coordination with OUC.
Provide strategic advice and counsel for charitable trust and deferred giving programs.
Assist in developing, refining and interpreting gift planning guidelines and policies.
Review marketing materials as needed to ensure technical accuracy and appropriate clarity regarding the role of gift planners vs. professional advisors.
Assist with due diligence on proposed gifts of privately held assets and other intangible personal property.
Assist Real Estate Office in conducting due diligence on proposed gifts of real estate.
Assist Associate Vice President of Individual Giving in evaluating proposed gifts of life insurance, intellectual property, and outdoor objects.
Represent the interests of fundraising and alumni offices campus-wide in dealings with OUC.
Collaborate with OUC regarding establishing, reviewing and updating university policies and procedures that affect development efforts, such as naming approval requirements, memorial gift policies, gift acceptance and disposition, among others.
Collaborate with OUC regarding structuring complex gift arrangements and preparing associated documentation, endowment matters, UPMIFA issues, university-wide policies and templates, and other legal matters.
Provide counsel to fundraisers regarding international gifts, identifying potential issues and solutions.
Oversee creation and management of appropriate entities and/or vehicles for the receipt of offshore gifts; interface with third parties to accept offshore gifts as needed.
Draft campaign counting guidelines and interpret their application.
Draft matching gift rule sets.
Serve as Chair of Duke Trust Committee and as counsel, officer and/or director of university supporting organizations
Establish collaborative and supportive culture to best leverage his or her abilities and encourage her commitment to shared goals.
Provide paralegal associate professional development opportunities.
Required Qualifications at this Level
Education/Training
Work requires JD.
Experience
Work requires ten years' combined experience in: i) practicing law in the field of exempt organizations, education, taxation, probate, estate planning, and/or family wealth, and/or ii) as a fundraiser in major, planned, and/or principal gift fundraising, preferably in an education setting, OR AN EQUIVALENT COMBINATION OF RELEVANT EDUCATION AND/OR EXPERIENCE
Skills
Commitment to Duke University's mission; Demonstrated ability to handle multiple, complex fundraising activities simultaneously and coordinate solicitation strategies in a decentralized environment; Excellent oral and written communication skills; High level of creativity, initiative, and motivation; Team orientation and willingness to set an example for real leadership; Ability and willingness to travel; Strong interest and commitment to sharing knowledge with colleagues through effective training programs.
The intent of this job description is to provide a representative and level of the types of duties and responsibilities that will be required of positions given this title and shall not be construed as a declaration of the total of the specific duties and responsibilities of any particular position. Employees may be directed to perform job-related tasks other than those specifically presented in this description.
Duke University is an Equal Opportunity Employer committed to providing employment opportunity without regard to an individual's age, color, disability, gender, gender expression, gender identity, genetic information, national origin, race, religion, (including pregnancy and pregnancy related conditions), sexual orientation, or military status.
Duke aspires to create a community built on collaboration, innovation, creativity, and belonging. Our collective success depends on the robust exchange of ideas-an exchange that is best when the rich diversity of our perspectives, backgrounds, and experiences flourishes. To achieve this exchange, it is essential that all members of the community feel secure and welcome, that the contributions of all individuals are respected, and that all voices are heard. All members of our community have a responsibility to uphold these values.
Essential Physical Job Functions
Certain jobs at Duke University and Duke University Health System may include essential job functions that require specific physical and/or mental abilities. Additional information and provision for requests for reasonable accommodation will be provided by each hiring department.
