Under capitalism, each company needs to organize legal services by professionals and experts in their field. Young entrepreneurs, businessmen are not so versed in legal matters, therefore, they hire personal lawyers and lawyers so as not to resort to the help of third-party companies if necessary. This practice is common in recent decades. Most large organizations hire entire legal departments. But if a citizen does not have a personal lawyer, or he just plans to hire him, what documents will be needed and where to go? We will talk about this further.
What is legal services
The organization of legal services is, first and foremost, consulting in all areas of law, representation in court, examination and representation of the interests of the customer or employer. So it is written about them in the Treaty 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 you can expect from a lawyer. However, there are some nuances here.
Firstly, lawyers do not run the risk of becoming involved with illegal interests. Therefore, drug dealers do not have permanent lawyers, they appear when the business stops working.
Secondly, remember that a lawyer cannot decide the outcome of a lawsuit or transaction, he only helps law enforcement agencies (courts, for example). The lawyer is bound by the law.
Thus, the legal services and the lawyers representing them only help clients understand their rights, and only employers decide whether to use these rights or not: an individual or a legal entity.
And here it’s worth noting that, for the most part, companies and corporations, it is simply impossible to simply put all their worries on the shoulders of lawyers. A lawyer cannot, for example, sign on behalf of the general director or answer in court instead of the client. Legal services to citizens and organizations cannot work without their participation.
When is a lawyer recommended?
Ordinary ordinary citizens, or individuals, do not constantly worry about their legal safety, this is the prerogative of legal entities, companies and organizations. Individuals and legal entities need a jur. help to varying degrees.
To individuals
For individuals, the most common attraction of legal services in the following aspects:
- Labor: reinstatement (with defamation, unfair dismissal), recovery of wages, disciplinary action.
- Family: payment of alimony, divorce (and the subsequent division of property), deprivation of parental rights.
- Housing: HOA, eviction, determination of rights of use, housing cooperative.
- When interacting with legal organizations and government bodies.
- Upon compensation for loss and other harm to the state and health.
- In the preparation of examinations and accompanying contracts.
- When concluding transactions related to real estate, a mortgage.
Legal entities
Organizations also often engage in transactions with other companies and government agencies, but there are aspects that imply legal entities, not physical ones:
- Subscription support of business, production.
- Drawing up acts, claims, powers of attorney and other local acts. Examination of other legal acts.
- The resolution of disputes arising by the method of pre-trial settlement.
- Permanent representation in various instances of the court.
- Drafting and certification of various contracts.
Depending on the situation, other legal services of a public organization or individuals may be provided. It is difficult to predict all possible circumstances.
Assessment of the quality of legal services
The experience and reputation of a lawyer is just the tip of the iceberg. The wishes voiced by clients when hiring a lawyer usually look like this:
- Empathy with the client, friendliness - this guarantees a complete immersion of the lawyer in the client’s problem, which is important for quality service.
- Subscriber support, immediate response (at any time, day or night, without lunch and weekend).
- The 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, significant experience and a clear reputation.
- Lowest possible price.
Experience and reputation are evaluated at the search stage and have little effect on the result of services. There are frequent cases when young graduates of higher educational institutions worked more responsibly than experienced lawyers. Realistically assess the quality of work is possible only not earlier than its implementation. For this reason, the organization of legal services is a difficult task.
Which organizations provide legal services
If you or your organization does not require constant legal support, then there is no point in hiring a specialist on a permanent basis, but you still need to know the organizations that provide legal services. Have the right to provide legal assistance:
- Public receptions at state and other levels.
- Courts of all instances.
- Advocacy is an institution that defends rights, freedoms and interests in court.
- A notary is an institution involved 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, for example, Memorial.
- Commissioners for Human Rights. Representatives are in each region.
- Private companies and organizations.
In addition to such large organizations, there are companies offering a narrow organization of legal services, such as a patent office or a credit bureau. Such companies specialize in specific services, and you should contact them together 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 time in all areas, most often companies have lawyers in civil and criminal cases. And there are commercial and non-profit organizations. First, we consider legal services to non-profit organizations. Here the most common question is how to arrange a charitable organization, what documents and powers of attorney are needed, what is the state support.
The regional Ministry of Justice helps to legalize charitable organizations. Documents describing the scope of activity, the organization’s charter are submitted there. After approval, you can put the fund on tax accounting and FFOMS.
Non-profit organizations can count on some feasible help from local governments:
- The provision of benefits for the payment of fees, taxes, etc.
- Benefits for the use of state. property.
- Benefits to organization members for paying taxes, etc.
- Placement of state and municipal orders, according to the law.
The organization is engaged in providing legal services to the organization itself. But in matters of appeal to the state. bodies - courts, prosecutors - can rely on benefits.
Provision of services to commercial corporations
The internal structure of legal entities is not regulated by applicable law, that is, the owner or owners 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 organizations and putting their company in partial dependence on another company.
Modern legal regulation does not say anything about the position of lawyers in a corporation, and Decree of the Government of the Russian Federation No. 207 of April 2, 2002 does not include commercial companies. So, the legal service can be represented as a single lawyer or staff. Such a service is formed as an administrative and management unit within the company. It is called a department, office or bureau.
Position of a lawyer
The position of the head of such a bureau or department is referred to accordingly: the head of the legal department, management, bureau, etc. The situation when the head of legal department simultaneously holds the position of deputy gene. legal director or becomes a member of the board, board of directors, etc.
Worry about the organization of legal services is not worth it. At each stage of development and formation of the company, there are moments that require legal settlement: the organization’s decision to register with tax and other state. bodies, registration of new employees, interaction with other companies, etc.
According to modern law, full-time lawyers are called legal advisers or corporate lawyers, since in practice they take a lot of time to resolve the organization’s internal legal issues.
Provision of services to state-owned companies
Another type of company that is worth considering separately is government organizations. But here everything is much simpler. Legal services to state organizations, if necessary, are provided by the Prosecutor General's Office 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." Legal service - an independent body that regulates legal norms, regardless of the position of the client.
Cases when in state. enterprises have their own full-time lawyers. They do the same thing as their commercial counterparts.
Legal Services Agreement
There are six types of contracts for the provision of legal services: orders, contracts, commissions, agency services, paid services, mixed contracts. The 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) contract - the client and the lawyer cooperate in only one legal action.
- Targeted (multi-stage) contracts - a lawyer needs to perform a number of actions in the interests of the client (for example, to conduct business in court not at one instance, but at all four) to achieve the goal.
- Subscription agreement - equivalent to hiring a lawyer to regulate the legal norms of the company. It implies work on an ongoing basis indefinitely or for several years.
The subject of the contract is the action performed by the contractor (lawyer, lawyer, etc.) for the client. In subscription and target agreements, this is a set of actions. Depends on the subject terms, remuneration, the order of payment of funds.
Thus, the provision of legal services is a multi-stage complex system, regulated strictly 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 basis or on an ongoing basis. And the larger the organization, the larger the headquarters of lawyers.