Providing legal services to organizations and citizens

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In the conditions of capitalism, every company needs the organization of legal services by professionals and experts in their field. Young entrepreneurs, businessmen are not so well 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 has been common in recent decades. Most large organizations employ entire legal departments. But if a citizen does not have a personal lawyer or he only plans to hire one, what documents will be needed and where to go? We will talk about this further.

What is legal services

Organization of legal services is primarily consulting in all areas of law, representation in court, expertise 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 can be required from a lawyer. However, there are some nuances here.

Firstly, lawyers do not risk getting involved with illicit interests. That's why drug dealers don't havepermanent lawyers, they appear when the business stops working.

Secondly, remember that a lawyer cannot decide the outcome of a lawsuit or transaction, he only assists law enforcement agencies (courts, for example). The lawyer is bound by the law.

Thus, legal services and the lawyers who represent them only help clients understand their rights, and it is up to the employers to use these rights or not: an individual or a legal entity.

And here it is worth noting that, for the most part, companies and corporations, it is simply impossible to put all your worries on the shoulders of lawyers. A lawyer cannot, for example, sign instead of the CEO or answer in court instead of the client. Legal services to citizens and organizations cannot work without their participation.

When is it recommended to involve a lawyer

Ordinary ordinary citizens, or individuals, should not constantly worry about their legal security, this is the prerogative of legal entities, companies and organizations. Individuals and legal entities need legal. help to varying degrees.

Individuals

For individuals, the most common use of legal services in the following areas:

1. Labour: reinstatement (in case of slander, unfair dismissal), recovery of wages, disciplinary action.
2. Family: child support, divorce (and subsequent division of property),deprivation of parental rights.
3. Housing: HOA, eviction, definition of use rights, housing cooperative.
4. When interacting with legal organizations and government bodies.
5. When compensating for losses and other damage to status and he alth.
6. When drawing up expertise and accompanying contracts.
7. When concluding transactions related to real estate, mortgages.

For legal entities

Organizations are also often involved in transactions with other companies and government agencies, but there are also aspects that involve legal entities rather than individuals:

1. Subscriber support for business, production.
2. Drafting acts, claims, powers of attorney and other local acts. Examination of other legal acts.
3. Resolution of emerging disputes by pre-trial settlement.
4. Permanent representation in various instances of the court.
5. Drafting and certification of various contracts.

Depending on the situation, other legal services may be provided to a public organization or individuals. It is difficult to predict all possible confluence of circumstances.

Assessing the quality of legal services

Experience and reputation as a lawyer is just the tip of the iceberg. The desires voiced by clients when hiring a lawyer usually look like this:

1. Empathy for the client, benevolence - this guarantees the full immersion of the lawyer in the problem of the client, which is important for qualityservice.
2. Subscriber support, immediate response (at any time of the day or night, without lunches and weekends).
3. The ability to keep secrets.
4. Intelligibility of explanations, eloquence. The client needs to participate in legal processes, but to participate you need to understand what's what, and only a lawyer can explain.
5. Of course, considerable experience and a clean reputation.
6. As low price as possible.

Experience and reputation are evaluated at the search stage and have little effect on the result of services. It is not uncommon for young university graduates to work more responsibly than experienced lawyers. Really evaluate the quality of work can only be not before its implementation. For this reason, organizing legal services is a difficult task.

Which organizations provide legal services

If you or your organization do not need 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. Eligible to provide legal assistance:

1. Public reception offices of state and other levels.
2. Courts of all instances.
3. Advocacy is an institution that protects rights, freedoms and interests in court.
4. Notary - an institution that certifies transactions, giving them legal force.
5. The Prosecutor's Office is an institution that oversees compliance with the Constitution of the Russian Federation.
6. Public organizations for the protection of the rights and freedoms of citizens, including international ones, for example, "Memorial".
7. Commissioners forhuman rights. There are representatives in every region.
8. Private companies and organizations.

In addition to such large organizations, there are companies that offer a narrow organization of legal services, such as a patent office or a credit bureau. Such companies specialize in specific services, and it is worth contacting them together with a lawyer.

All citizens have the right to receive legal assistance if necessary 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 in all areas at the same time, most often companies have lawyers in civil and criminal cases. And there are commercial and non-commercial organizations. Consider first legal services to non-profit organizations. Here the most common question is how to register a charitable organization, what documents and powers of attorney are needed, what is the support of the state.

The Regional Ministry of Justice helps legalize charitable organizations. Documents describing the scope of activity, the charter of the organization are submitted there. After approval, you can put the fund on tax records and FFOMS.

Non-profits can get some help from local governments:

1. Providing exemptions for fees, taxes, etc..
2. Benefits for the use of state. property.
3. Privileges for members of the organization to pay taxes, etc.
4. Placement of state. andmunicipal orders, according to law.

The organization itself provides legal services to the organization. But in matters of appeal to the state. authorities - courts, prosecutors - can count on benefits.

Provision of services to commercial corporations

The internal structure of legal entities is not regulated by the current legislation, that is, the owner or owners retain the full right to create their own legal service. In matters of savings, this is much more convenient than signing a legal services agreement for an organization and making your company partially dependent on someone else's company.

Modern legal regulation says nothing about the position of lawyers in corporations, and RF Government Decree No207 of April 2, 2002 does not include commercial companies. So, the legal service can be represented as one lawyer or staff. Such a service is formed as an administrative and managerial cell within the company. It is called a department, department or bureau.

Lawyer position

The position of the head of such a bureau or department is named accordingly: head of the legal department, department, bureau, etc. It is not uncommon and quite advantageous when the head of the legal department at the same time holds the position of deputy general. director of legal affairs or becomes a member of the board, board of directors, etc.

There is no need to worry about organizing the activities of legal services. At each stage of development and formation of the company there aremoments that require legal regulation: the resolution of the organization for registration in tax and other state. authorities, registration of new employees, interaction with other companies, etc.

Under modern law, in-house lawyers are called legal advisers or corporate lawyers, as in practice they spend a lot of time resolving internal legal issues of the organization.

Provision of services to state-owned companies

Another type of company 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 one that provides free assistance to individuals. However, this does not mean that state bodies have an advantage, because they are protected by "their own". The legal service is an independent body that regulates legal norms, regardless of the position of the client.

There are cases when in the state. enterprises have their own lawyers. They do what their commercial counterparts do.

Legal Services Agreement

Contracts for the provision of legal services are of six types: commission, contract, commission, agency, paid services, mixed contracts. The legislation does not build a rigid framework between these types, so the client has the right to choose the most convenient for him.

1. Discrete (one-time) contract - the client and the lawyer cooperate onlyin one legal action.
2. Targeted (multi-stage) contracts - a lawyer needs to perform a number of actions in the interests of the client (for example, to conduct a case in court not at one instance, but at all four) to achieve the goal.
3. Subscription contract - equivalent to hiring a lawyer to regulate the legal rules of the company. It implies work on a permanent basis indefinitely or for several years.

The subject of the contract is the action performed by the performer (lawyer, lawyer, etc.) for the client. In subscription and target contracts, this is a set of actions. The terms, remuneration, and the procedure for disbursing funds depend on the subject.

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 defined by law and can be of any size and with any set of personnel. In-house lawyers work either on a temporary contract or on a permanent basis. And the larger the organization, the larger the staff of lawyers.