The legislation of the Russian Federation provides Russian lawyers with the opportunity to organize their work in several forms of professional activity. What kind of institutions can we talk about? What are the criteria for choosing those that are optimal in terms of career prospects for a lawyer?
The essence of advocacy
Before studying the various forms of lawyers established in the Russian Federation, let us first consider what constitutes the corresponding type of activity of lawyers. Its definition is given in special regulatory acts. In accordance with the provisions that are enshrined in them, advocacy should be understood as the qualified assistance of a professional lawyer, which is provided by persons having the status of a lawyer in the manner prescribed by federal laws. Recipients of this assistance can be individuals and legal entities, by law, being trustees.
Forms of lawyer formations in the Russian Federation are fixed at the level of federal law. Consider them.
What forms of lawyers are provided for by the legislation of the Russian Federation?
The main forms of legal entities provided for by the legislation of the Russian Federation are presented in the following spectrum:
- office;
- board;
- the Bureau;
- consultation.
The lawyer has the right to choose any of the noted forms of activity, as well as his place of work, provided that one or another of the requirements for experience and qualifications is met. However, he is obliged to notify his choice of a special body, the council of the bar, in accordance with the procedure established by federal law. Note that in some cases provided for by law, advocacy can only be carried out in the form of legal advice. But this rule applies only to certain categories of legal relations.
We study the specifics of each of the considered types of legal activity in more detail.
Law Office
The law office as a form of legal education can be established by a lawyer who has experience in the relevant field of work lasting 5 years or more and decides to conduct his own affairs independently. The lawyer must send a notification to the special body (council of the bar of law) about the formation of his own office by registered letter. This document contains information about the founder of the cabinet, his address, contact details, as well as the procedure for maintaining communication between the lawyer and the council of the chamber.
It can be noted that the law office, as a form of legal education, is not considered from the point of view of the legislation of the Russian Federation as a legal entity. But its founder opens current accounts in financial institutions, makes seals, stamps, special forms with contact information about the office.
Contracts for the provision of legal services are concluded between the founder of the office and his client, and are also registered as part of the workflow at the appropriate institution. An attorney working in this format is not required to rent an office. He can provide his services in his apartment, in rented premises, or those belonging to his family members.
Collegium of Advocates
The Bar Association is a form of bar associations that can be established by 2 or more lawyers. Each of them should have experience in the framework of the corresponding line of activity of 5 years or more.
In contrast to the cabinet, the institution in question, from the point of view of legislation, is a legal entity in the status of NPO. Its activities are carried out on the basis of the charter, which is adopted by the founders of the board. Another major constituent document of this form of lawyer formations is an agreement between the founders of the organization.
The founders of the collegium may be lawyers, data on which are present in the general regional registry. The property that is transferred to the company as contributions is considered to be its property. Lawyers who have established a collegium are not liable for the obligations of this organization, as well as vice versa - the relevant entity is not responsible for the activities of the founders.
The organization in question has the status of a tax agent in relation to lawyers who are members of this professional association. She also makes settlements with their principals, third parties, and helps partners resolve other working issues. The college should send notifications to the bar association about changes in the personnel structure.
Despite the fact that the lawyers of the college form a common professional association, the legislation of the Russian Federation guarantees their right to carry out their activities independently of their colleagues. Therefore, when deciding on what form of legal education to choose for conducting work, many experts choose a college due to the presence of the noted advantage.
It will be useful to study in more detail the specifics of the constituent documents of the corresponding lawyer education - the contract and the charter.
The memorandum of association and the charter of the bar association: the nuances of drafting
So, the establishment of a college of lawyers as a form of lawyer formations requires the preparation of 2 major documents - the contract and the charter. The first source reflects:
- the conditions for the formation of the property of the organization on the basis of the transfer from the founders of the board;
- the procedure for the participation of lawyers in the activities of the organization;
- the procedure for admission to the college of other specialists;
- the rights and obligations of partners within the organization;
- the procedure for the founders and other participants in joint activities to leave the board.
The charter of the attorney association under consideration records:
- name of institution;
- address of the collegium;
- subject, goals of the organization;
- sources of formation of property of the institution, as well as methods of its use;
- regulations for managing the activities of the board;
- data on the branches of the organization - if any;
- regulations for the reorganization and liquidation of the institution;
- the procedure for making adjustments to the charter;
- other provisions that do not contradict the federal legislation of the Russian Federation.
Those provisions that are reflected in the memorandum of association and the charter of the board are binding on the partners who founded the organization. Now we will study in more detail the registration procedure of the considered professional association of lawyers.
Registration of a bar association: nuances
Collegiums of law as forms of bar associations are registered, like any other legal entity, with the Federal Tax Service. For this, the Federal Tax Service serves a set of documents provided by law. The relevant association should maintain its own balance sheet, use current accounts in financial institutions, apply printing, special forms.
Information about the registered bar association, as in the case of the cabinet, is sent by registered letter to the chamber council. Also, this body must be notified of the reorganization and liquidation of the relevant association. The notice sent to the chamber council must include information about the founders of the organization, the board address, contact details of the institution, as well as the procedure for establishing communication between him and the chamber council. The document sent to the appropriate body must be accompanied by copies of the contract and the charter, drawn up in order to establish a college. They must be notarized.
It will also be useful to consider how affiliates of bar associations are established.
Establishment of branches of bar associations: nuances
So, an appropriate form of legal activity allows partners to establish branches of an institution throughout Russia, as well as abroad, if this is allowed from the point of view of the legislation of another state. The fact that the organization has opened or closed one or another branch should be notified:
- The council of the chamber of the constituent entity of the Russian Federation in whose territory the main office of the institution is open;
- Council of the chamber of the region in which the branch of the organization is open.
The corresponding notice reflects information about the lawyers who organized the partnership, the address of the branch, its contacts, the procedure for communicating between this unit, the board and the councils of the chamber. The document must be accompanied by copies of the institution’s decision to establish a branch, as well as regulations on the structural unit of the board.
Those lawyers who work in the branch are simultaneously considered members of the collegium that established it. Information about them is recorded in the regional register of the constituent entity of the Russian Federation in which the corresponding structural unit of the law firm is open. Data on lawyers who work in foreign affiliates of the college are recorded in the regional register of the subject of the Russian Federation in which the main office of the organization is registered.
Consider other forms of lawyer formations provided for by the legislation of the Russian Federation. Law Office - among those.
Law Offices
The considered type of legal organizations, like collegiums, is established by two or more specialists. It can be noted that the activities of the bureau as a form of lawyer formations of the Russian Federation in key aspects are governed by the same provisions of the legislation of the Russian Federation as the work of the collegiums, unless otherwise provided for by individual legislation. In addition, it is allowed to transform a bureau into a collegium in the manner that is established in separate rules of law.
The work of the lawyer associations under consideration is carried out on the basis of a conclusion between the founders of the agreement in a simple written form. In accordance with it, lawyers join forces in order to provide legal support to citizens and organizations on behalf of all specialists within the bureau.
It can be noted that the partnership agreement between lawyers in this case should not be registered with the Federal Tax Service. We study the features of its compilation in more detail.
Partnership agreement with law firms: what are its features?
The contract under consideration contains conditions determining:
- duration of the agreement;
- the procedure for making various decisions by partners;
- the procedure for choosing a managing partner, as well as a list of his competencies;
- other important conditions for the interaction of partners.
The agreement in question may be terminated due to:
- expiration of the contract;
- cancellation of the status of a lawyer from one of the partners, if this circumstance is not taken into account in the provisions of the contract;
- the desire of any of the founders of the bureau to terminate the contract.
If the partnership agreement between the lawyers is terminated, then later they can conclude a new one. But if they do not do this within 3 months after the cancellation of the first agreement, the bureau must be transformed into a collegium or liquidated. Before the organization changes its status or until the conclusion of a new contract, lawyers are not entitled to carry out activities related to the provision of legal support to citizens and organizations.
After the corresponding agreement is terminated, all its participants will have the status of persons who are jointly and severally liable for those obligations that arose during the work and were not fulfilled. A lawyer who has withdrawn from the contract is also liable for existing obligations.
All documents on the current proceedings of lawyers leaving the bureau should be transferred to the managing partner. Consider its status in more detail.
Managing Partner at the Law Office
The managing partner in such a form of legal activity as a law office is primarily responsible for the conduct of common affairs. It may be noted that a different procedure for the interaction of lawyers can be established by partnership agreement. An agreement on the provision of legal support to a lawyer with a principal is concluded with the direct participation of the managing partner on the basis of a power of attorney. The relevant document reflects the core competencies of the person holding the position in question.
Other forms of lawyer formations provided for by the legislation of the Russian Federation are legal consultations. We study their specifics in more detail.
Lawyer consulting
Legal advice as a form of legal education is established if, in the territory of a particular judicial district, the total number of lawyers in all types of legal associations is less than 2 per 1 federal judge. The lawyer chamber organizes the appropriate structure upon the recommendation of the competent executive authority.
Legal advice has the status of NPO. The procedure for its establishment, reorganization, transformation and termination of activity is governed by the provisions of the Civil Code of the Russian Federation and other federal laws.
Consider what are the features of the submission of the state body on the establishment of legal advice.
Representation of the establishment of legal advice: what are its features?
The document under consideration should contain information:
- about the judicial district in which the establishment of legal advice is supposed;
- on the number of judges in the area;
- about the required number of lawyers in the relevant territory;
- on ensuring the activities of the created organization.
This document is compiled by the joint efforts of the authority and representatives of the bar. After all of its points have been agreed, a legal consultation is established. The procedure for inviting lawyers to work in it is determined by the council of the bar.
Choosing a form of advocacy for a lawyer
So, the forms of lawyers are, if you follow the provisions of the federal legislation of the Russian Federation, 4 types of institutions. Which of them can a lawyer choose as the most optimal option in terms of the prospects of his career, gaining experience, solving problems within the framework of his professional activity?
The table of forms of lawyer formations will help us answer this question, in which we can visually reflect the features of each of them.
Form of advocacy | Status | Benefits | disadvantages |
Cabinet | Individual | The lawyer who established the office can completely build his work completely independently, individually build a career, develop cooperation with clients | All responsibility for the obligations assumed is assumed by the lawyer. |
College | Entity | The attorneys who established the collegium are not responsible for the obligations of the respective organization, receive the opportunity to exchange experience and competencies in the course of their professional activities | Lawyers who are members of the board, despite independence guaranteed by law, are nevertheless required to coordinate a significant amount of their actions with colleagues, do not have great opportunities to promote themselves on the legal services market separately from the brand |
The Bureau | Partnership of individuals | The lawyers who established the bureau have the opportunity to fully exchange experience, but at the same time conduct activities without actively coordinating actions with colleagues | The lawyers who established the bureau are jointly and severally liable for its obligations |
Consultation | Entity | It is a reliable employer for a lawyer in case of the absence of its own clients, allows you to establish relationships with colleagues, share experience | Career growth of a lawyer is possible mainly only within the organizational structure of legal advice, its promotion in the legal services market as an independent specialist is difficult |
Which of the options to consider is best for a lawyer? Probably a lot depends primarily on his current work experience. The most demanding forms of lawyer formations are the law office, the bar association, and the bureau. Their institution, as we noted in the article, suggests that the lawyer has experience in professional activity lasting 5 years or more.
Thus, legal consultations are less demanding on the qualifications of specialists. Less experienced novice lawyers can try themselves in them. Of course, they can go to work in other types of associations, but whether they manage to prove themselves on an equal footing with experienced founders is a big question.
The problems of creating forms of legal entities are reduced to other aspects of their establishment. In particular, they may be related to the specifics of taxation of certain associations. If this or that association is a legal entity, then the principles for the appearance of payment obligations to the state budget can differ greatly from those that characterize the activities of lawyers in the status of individuals. There are many nuances here, and each of them should be investigated by a lawyer, in consultation with qualified experts in the field of taxation, with specialists of the Federal Tax Service.
Summary
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The next possible criterion for choosing a particular association is taxation. Forms of lawyer formations include both those that presuppose that the lawyer has individual status and those that provide for the establishment of organizations. For both, specific taxation mechanisms are characteristic.