Under capitalism, every company needsin the organization of legal services by professionals and experts in their field. Young entrepreneurs and businessmen are not so well versed in legal matters, so they hire personal lawyers and lawyers to avoid resorting to outside companies if necessary. This practice is common in recent decades. Most large organizations employ entire legal departments. But if the citizen does not have a personal lawyer or he only plans to hire him, what documents will be needed and where to apply? About this and talk further.
What is Legal Services?
The organization of legal services is the firstturn advising on all branches of law, representation in court, examination and representation of the interests of the customer or employer. So they are written about in the agreement on the Eurasian Economic Union. This definition does not reflect the full essence and meaning of the services, but gives an approximate understanding of what can be required from a lawyer. However, here there are some nuances.
First, lawyers do not risk contacting illegal interests. Therefore, drug dealers do not have permanent lawyers, they appear when the business stops working.
Secondly, remember that a lawyer can not decide the outcome of a lawsuit or a transaction, he only promotes law enforcement (courts, for example). The lawyer is bound by the law.
Thus, legal services and lawyers, theironly help clients understand their rights, and use these rights or not, they are decided solely by employers: an individual or a legal entity.
And here it is worth noting, as far asfor the most part, companies and corporations, simply putting all their worries on the shoulders of lawyers is impossible. A lawyer can not, for example, sign a CEO or respond to a court instead of a client. Legal services to citizens and organizations can not work without their participation.
When is a lawyer recommended?
Ordinary ordinary citizens, or individuals,constantly worry about its legal security is not worth it, it is the prerogative of legal entities, companies and organizations. Physical and legal persons need jur. assistance in varying degrees.
Individuals
For individuals, the most common attraction of legal services in the following areas:
- Labor: reinstatement (with defamation, unfair dismissal), recovery of wages, disciplinary penalties.
- Family: payment of alimony, divorce (and subsequent division of property), deprivation of parental rights.
- Housing: HOAs, eviction, determination of rights of use, HBC.
- When interacting with legal organizations and government bodies.
- In case of compensation for loss and other harm to the position and health.
- In the preparation of examinations and accompanying contracts.
- When concluding transactions related to real estate, mortgage.
To legal entities
Organizations also often participate in transactions with other companies and government agencies, but there are also aspects that imply legal entities, and not physical entities:
- Subscriber support business, production.
- Drawing up acts, claims, powers of attorney and other local acts. Examination of other legal acts.
- Resolution of disputable situations by pre-trial settlement.
- Permanent representation in various instances of the court.
- Drafting and certification of various contracts.
Depending on the situation, other legal services may be provided to the public organization or individuals. Predict all possible coincidences difficult.
Evaluation of the quality of legal services
The experience and reputation of a lawyer is only the tip of the iceberg. The desires that are voiced by clients when hiring a lawyer usually look like this:
- Empathy for the client, goodwill - this ensures that the lawyer is completely immersed in the client's problem, which is important for quality service.
- Subscriber accompaniment, immediate response (at any time of the day or night, without lunch and weekends).
- Ability to keep secrets.
- Clarity of explanation, eloquence. The client must participate in the legal. processes, but to participate you need to understand what's what, and only a lawyer can explain.
- Of course, considerable experience and pure reputation.
- As low as possible price.
Experience and reputation are evaluated at the search stage and atthe result of the services have little effect. It is not uncommon for young university graduates to work more responsibly than experienced lawyers. Actually, it is possible to evaluate the quality of work only not earlier than its implementation For this reason, the organization of legal services is a complex task.
What organizations provide legal services
If you or your organization is not requiredthere is no need to hire a specialist on a permanent basis, but it is still necessary to know the organizations providing legal services. Have the right to provide legal assistance:
- Public reception of the state and other levels.
- Courts of all instances.
- Bar is an institution dedicated to the protection of rights, freedoms and interests in court.
- Notary - an institution engaged in the certification of transactions, giving them legal force.
- The prosecutor's office is an institution that oversees compliance with the Constitution of the Russian Federation.
- Public organizations for the protection of the rights and freedoms of citizens, including international ones, such as Memorial.
- Human Rights Commissioners. There are representatives in every region.
- Private companies and organizations.
In addition to such large organizations, there are companiesoffering a narrow organization of legal services, such as a patent office or credit bureau. Such companies specialize in specific services, and you should contact them with a lawyer.
If necessary, all citizens are entitled to receive legal assistance in accordance with article 48 of the Constitution of the Russian Federation.
Provision of services to non-profit organizations
A lawyer cannot be a specialist at the same timeIn all areas, most often in companies there are lawyers in civil and criminal cases. And there is a commercial and non-profit organizations. Consider first legal services to non-profit organizations. Here, the most common question is how to apply for a charitable organization, what documents and powers of attorney are needed, what state support is.
Legally form charitable organizationshelps the regional Ministry of Justice. Documents describing the scope of activities, the charter of the organization serves exactly there. After approval, you can put the fund on tax accounting and the FFOMS.
Non-profit organizations can count on some feasible assistance from local governments:
- Privileges for taxes, taxes, etc.
- Benefits for the use of state. property.
- Benefits to participants of the organization for the payment of taxes, etc.
- Placement of state. and municipal orders, according to the law.
The organization provides legal services to the organization itself. But in matters of treatment to the state. organs - courts, prosecutors - can be counted on benefits.
Provision of services to commercial corporations
The internal structure of legal entities is notgoverned by applicable law, that is, the owner or owners still have the full right to create their own legal service. In matters of economy, it is much more convenient than signing an agreement on legal services for an organization and putting its company in partial dependence on a foreign company.
Modern legal regulation nothingspeaks about the position of lawyers in the corporation, and the decision of the Government of the Russian Federation No207 of April 2, 2002 does not include commercial companies. Thus, the legal service can be represented as a single lawyer or state. Such a service is formed as an administrative-management unit within the company. It is called a department, office or bureau.
The position of a lawyer
Должность начальника такого бюро или отдела named accordingly: the head of the legal department, office, bureau, etc. It is not uncommon and quite favorable situation when the head jur. department simultaneously occupies the post of deputy gen. legal director or becomes a member of the board, board of directors, etc.
Worry about the organization of activitieslegal services are not worth it. At each stage of development and the formation of the company there are moments that require legal settlement: the organization’s resolution is registered with the tax and other government agencies. bodies, clearance of new employees, interaction with other companies, etc.
According to modern legislation, staffLawyers are called legal advisers or corporate lawyers, since in practice they take a long time to resolve the internal legal issues of the organization.
Provision of services to state companies
Another type of company that stands aloneconsider - these are government organizations. But everything is much simpler here. Legal services to state organizations, if the need arose, are provided by the Prosecutor General of the Russian Federation. The same that provides free assistance to individuals. However, this does not mean that state bodies have an advantage, because they are protected by “their own people”. Legal service is an independent body regulating legal norms, regardless of the client’s position.
There are cases when in the state. The enterprises have their own lawyers. They are doing the same thing as their commercial counterparts.
Legal Services Agreement
Contracts for the provision of legal services aresix types: orders, contracts, commissions, agency services, paid services, mixed contracts. Legislation has not built a rigid framework between these types, so the client has the right to choose the most convenient for him.
- Discrete (one-time) agreement - the client and the lawyer cooperate only in one legal action.
- Targeted (multistage) contracts - a lawyer needs to perform a number of actions in the interests of the client (for example, to conduct the case in court not at one instance, but at all four) in order to achieve the goal.
- The Subscription Agreement is equivalent to hiring a lawyer to regulate a company's legal regulations. This implies working permanently indefinitely or for several years.
The subject matter of the contract is the action takenthe performer (lawyer, lawyer, etc.) for the client. In subscriber and target contracts - this is a set of actions. The subject matter depends on terms, remuneration, and procedure for disbursing funds.
Thus, the provision of legal services ismulti-stage complex system, strictly regulated by law. However, the structure of the legal organization is not determined by law and can be of any size and with any set of personnel. Full-time lawyers work either on a temporary or permanent basis. And the larger the organization, the more the headquarters of lawyers.
