Job responsibilities of an enterprise legal adviser. Functions of a company lawyer. In a budget institution
According to the job description, a lawyer in an organization is a generalist, so the duties of a legal adviser cover a wide range of issues. He needs to draw up contracts, prepare statements of claim, be able to work with staff, and skillfully represent the interests of the enterprise in arbitration courts. Due to the wide demand in the labor market, legal professions are very popular among school graduates who annually apply for admission to law school.
Who is a legal adviser
Even taking into account the wide range of responsibilities, you can try to define in one phrase the specifics of the work of this specialist. He provides legal services to the organization, resolving all legal issues and ensuring compliance with legislative norms. It turns out that a legal adviser is one of the most knowledgeable employees on what is happening within the company. Naturally, for this he needs to have a higher specialized education, constantly improve his qualifications, becoming familiar with the latest legislation.
What does he do?
In most organizations, the legal adviser reports directly to the director of the organization and is appointed by him, which is extremely convenient from the point of view of subordination, because at the same time he can be completely free in his actions and decisions. In large enterprises where there is a separate legal service, his immediate superior will be the head of this department. The issues dealt with by a legal adviser can be classified in the following areas:
- Legal support for the company’s external activities - representing its interests in third-party institutions (public organizations), filing claims, legal examination of projects or incoming documentation, etc.
- Compliance with legal interests in internal work - legal assistance to structural divisions of the enterprise, consultations with employees on new legislative changes, development of regulatory documentation, work with contracts.
What functions does it perform?
The specifics of the job influence the functions performed, and the job description of the lead legal adviser of a large enterprise will differ from the same document drawn up for his colleague from a charitable organization. But this concerns only the details of the work; the main responsibilities of the legal adviser will be the same in both cases. The functions performed include:
- Registration – registration of legal entities, compliance of statutory documents with legislative changes, legal basis of work.
- Controlling - the duties of the legal adviser include approving documents (contracts) received by the director for signature.
- Contractual – development of new and storage of existing contracts, maintaining a general contractual base for the enterprise.
- Personnel – checking the legality of bringing employees to disciplinary liability, compliance of salaries with the employee’s length of service at the enterprise, providing assistance to the personnel department on legal issues.
- Representative – representing the interests of the organization in different structures.
Job Descriptions of a Legal Adviser
Although the responsibilities of legal counsel will differ for different types of organizations, the basic form of the job description will be the same. This instruction includes:
- General provisions - the specialist’s place in the organization’s structure and the documents that guide him in his work are determined.
- Job responsibilities - this section contains a description of who this employee should do and what.
- Rights - this describes what an employee can do to implement the responsibilities assigned to him.
- Responsibility – the consequences of improper execution of official assignments are considered.
In a budget institution
The job description of the legal adviser of a budgetary institution provides for all the features of such work. The competence of this specialist should concern a good knowledge of civil legislation, the peculiarities of concluding various types of non-commercial agreements (donations, assignments, etc.), conducting public procurement and the peculiarities of taxation.
In a government organization
The duties of a legal adviser in the public service imply good knowledge of the law, because such work includes interaction not only with budgetary or public organizations, but also with commercial organizations. Often such a specialist has to analyze identified shortcomings in subordinate organizations or document the results of monitoring.
In a private enterprise
Depending on the size of the company, there may be one specialist or an entire legal service working here. One of the main responsibilities of a legal adviser at a manufacturing enterprise is: participation in business negotiations, implementation of planned management tasks, development of a legal basis for compliance with labor protection conditions. He must also keep records using a database of contracts and other internal documents.
In the bank
Legal support for the activities of a credit organization requires excellent knowledge of the legislation on financial activities and the latest changes in this area. The responsibilities of a banking legal adviser include participation in litigation (for example, on unpaid loans), and he must also monitor the implementation of adopted decisions. In addition, he needs to carry out legal examination of incoming documentation.
At the notary's office
In this case, the duties of a legal specialist often involve not only receiving clients and consulting (including by phone or e-mail), but also supporting transactions under concluded contracts. This specialist must also draw up project documentation for subsequent notarization and correctly fill out the register for registration.
What knowledge and skills should you have?
In addition to the basic legal knowledge that is given at the law faculty of a university, the responsibilities of a legal adviser include specialization in relevant legislation (for example, when working in a bank, he must be a specialist in credit law). It is quite natural to require ownership of a personal computer and specialized software (“Consultant Plus”, “Express”, etc.).
Among other skills, employers prioritize competent oral and written communication. This is not surprising, given that such a specialist has to draw up official documentation, represent the organization in government bodies, or speak at court hearings. Attentiveness and perseverance will be a good help in his work, because he has to review a lot of legislative acts. Since this profession involves participation in negotiations, communication skills and stress resistance will also not be superfluous.
Functional responsibilities of a lawyer in an organization
If we define the main responsibilities of a legal adviser, then regardless of the type of organization where he works, they will be the same. This may include:
- carrying out legal activities;
- drafting regulatory documents;
- legal assistance to management and employees;
- protecting the interests of the employer;
- preparation of recommendations for improving the organization’s activities;
- development of documents on actions to cause material damage;
- monitoring of legislative norms in the field of commercial law.
Organization of legal activities
The basic specialization of the employee depends on the area in which the organization operates (budgetary sector, production, trade, etc.), but in any case, the legal adviser must ensure that the company’s activities do not contradict current legislation. This specialist will be indispensable when drawing up contracts, where he can make proposals for beneficial changes. Together with the director, he participates in the preparation of orders for personnel, and, if necessary, accompanies the manager during a business trip to urgently resolve issues that arise.
Drawing up legal documents regulating the activities of the enterprise
Responsibilities in this area begin with the very basics of the company - the charter documents and registration issues. Another important area is the internal regulations governing the work of each employee. Since the work of a legal specialist involves solving a variety of problems, in addition to basic specialization, a legal adviser must have a good knowledge of the Civil and Labor Codes in order to advise company employees on legal issues or draw up contracts with them.
Legal assistance in drawing up and filling out documents
One of the important responsibilities of a legal adviser is maintaining the contractual database of the enterprise - if errors are detected (for example, the date was not entered or all signatures were not collected), he takes measures to eliminate the inaccuracies. In addition to drafting contracts, a legal specialist is involved in the preparation of official reports, business letters or certificates for other organizations; he is also indispensable when conducting departmental audits.
Protecting the interests of the employer in court and authorities
When working with claims, the duty of a legal consultant is to comply with the pre-arbitration procedure for resolving disputes under contracts (regardless of whether the organization acts as a plaintiff or defendant). He independently prepares claims materials or copies of statements regarding claims of another company in order to effectively represent the interests of the employer in court. Interaction with authorities is also the responsibility of a legal specialist - for example, it may be necessary to prepare information about the activities of an organization at the request of the prosecutor’s office.
Analysis and development of recommendations for improving business activities
When working with business agreements, the company’s legal specialist not only develops their drafts and coordinates them with the director, but also checks the options offered by counterparties for compliance with current legislation. If necessary, the legal adviser carries out notarial registration. Correct execution of contractual work reduces the number of claim disputes, which makes the organization’s activities more efficient.
Preparation of documents on actions to cause material damage
Participation in inventory or internal control may also be the responsibility of a legal specialist if the manager appoints him as the responsible person. At the same time, the legal adviser analyzes the reports and incoming characteristics provided to him by the accounting department, then conveying the information to the manager. Legally competent inspection results must contain:
What documents and reports does a legal adviser prepare?
Due to the nature of his activity, this employee can draw up a variety of types of legal documentation (which is why he needs to have a good understanding of the rules for drawing up these business papers). Depending on the situation, these may be drafts and final options:
- contracts;
- instructions;
- orders;
- provisions;
- certificates;
- reports for government authorities;
- statements;
- applications.
Video
The goal of the lawyer’s activity is to ensure the legal work of Sfera LLC.
The responsibilities of a lawyer at Sfera LLC include monitoring the requirements of the legislation of the Russian Federation and internal documents of the Company, drawing up contracts for paid services, work contracts, concluding employment contracts with employees, drawing up orders for hiring and dismissal, checking documents drawn up by others departments for compliance with current legislation, claims work, representation of society in courts and more.
Contractual work is an essential component of the legal support for the Company’s activities.
The Company's contractual work must ensure modern and high-quality conclusion of contracts with the organization's counterparties, on terms that satisfy the economic interests of the Company.
During the internship, employees of other departments repeatedly turned to the company’s lawyer for advice in order to clarify some aspects of the legal regulation of contracts. The lawyer was instructed to study the legislation and the specifics of drawing up supply agreements, commission agreements, purchase and sale agreements and some other types of agreements in wholesale trade.
Requirements for wholesale trade are established primarily by the Civil Code of the Russian Federation. This is due to the fact that the relations arising between the seller (wholesale trade enterprise) and the buyer (enterprise of another type of activity) are formalized by business contracts.
During the study, I made the following conclusions about the types and features of drawing up contracts in wholesale trade.
A person who has a higher professional (legal) education without requirements for work experience or a secondary vocational (legal) education and work experience in positions filled by specialists with a secondary vocational education is appointed to the position of lawyer.
Appointment to a position and dismissal from it are made by order of the director of the enterprise.
A lawyer should know:
Legislative acts regulating the production, economic and financial activities of the enterprise.
Regulatory legal documents, methodological and regulatory materials on the legal activities of the enterprise.
The procedure for maintaining records and drawing up reports on the economic and financial activities of the organization.
The procedure for concluding and formalizing business contracts, collective agreements, tariff agreements.
The procedure for systematizing, recording and maintaining legal documentation using modern information technologies.
Fundamentals of economics, labor organization and management.
Means of computer technology, communications and communications.
Internal labor regulations.
Labor protection rules and regulations.
A lawyer in his activities is guided by:
Regulations on the legal department.
This job description.
During the absence of a lawyer (vacation, illness, business trip, etc.), his duties are performed by a person appointed by order of the director of the organization. This person acquires the corresponding rights and is responsible for the proper performance of the duties assigned to him. 1
Job responsibilities:
Develops or takes part in the development of legal documents.
Provides methodological guidance to legal work at the enterprise and provides legal assistance to its structural divisions and public organizations in the preparation of various types of legal documents, participates in the preparation of substantiated responses when claims are rejected. 2
Prepares, together with other departments of the enterprise, materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violation of environmental legislation and other offenses for transferring them to investigative and judicial authorities, records and stores those in production and completed execution of judicial and arbitration cases.
Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the enterprise’s property.
Conducts study, analysis and generalization of the results of consideration of claims, court and arbitration cases, the practice of concluding and executing business contracts in order to develop appropriate proposals to eliminate identified shortcomings and improve the economic and financial activities of the enterprise.
In accordance with the established procedure, draws up documents on bringing employees to disciplinary and financial liability.
Takes part in the work on concluding business agreements, conducting their legal examination, developing the terms of collective agreements and industry tariff agreements, as well as considering issues of receivables and payables.
Monitors the timeliness of submission of certificates, calculations, explanations and other materials for preparing responses to claims.
Prepares, together with other departments, proposals to change existing or cancel expired orders and other regulations issued at the enterprise. 1
Conducts work on systematic recording and storage of current legislative normative acts, makes notes on their repeal, changes and additions, prepares reference documentation based on the use of modern information technologies and computing tools.
Participates in the preparation of opinions on legal issues arising in the activities of the enterprise, draft regulations submitted for review, as well as in the development of proposals for improving the activities of the enterprise.
Informs employees of the enterprise about current legislation and changes in it, familiarizes officials of the enterprise with regulatory legal acts related to their activities.
Consults enterprise employees on organizational, legal and other legal issues, prepares opinions, and assists in the preparation of documents and acts of a property and legal nature.
Performs one-time official assignments from his immediate supervisor. 1
In addition, the responsibilities of the Company’s lawyer include constant analysis of the practice of concluding and executing contracts.
A lawyer has the right:
Get acquainted with the draft decisions of the enterprise management concerning its activities 2.
Make proposals for improving work related to the responsibilities provided for in these instructions.
Within your competence, inform your immediate supervisor about all shortcomings in the activities of the department (enterprise) identified in the process of carrying out your official duties and make proposals for their elimination.
Request from departments of the enterprise and individual specialists information and documents necessary to perform his job duties.
Involve specialists from all (individual) structural units in solving the tasks assigned to it (if this is provided for by the regulations on structural units, if not, then with the permission of managers).
Require the management of the enterprise to provide assistance in the performance of their official duties and rights. 3
The lawyer is responsible:
For improper performance or failure to fulfill one’s job duties as provided for in this job description - within the limits determined by the current labor legislation of the Russian Federation.
For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation.
For causing material damage - within the limits determined by the current labor and civil legislation of the Russian Federation
HomeProfession lawyer Legal business
Extra funds are usually not extra. A good example will help you overcome inconvenience when writing a responsible appeal. This will open up a way to save money on hiring a specialist. Before using the sample, as a rule, it is necessary to carefully check the references to the articles of law written in it. Now they may well lose their freshness.
A lawyer is a specialist in ensuring the required level of legality in the work of citizens, government bodies and officials, institutions, enterprises, in uncovering and establishing facts of offenses, interpreting and applying laws, determining the extent of responsibility and punishing the perpetrators, and providing legal assistance to the population. So, for example, legal assistance in Voronezh can be provided on the website http://www.advokatvrn.ru/.
The duties of a lawyer include: participation in the preparation of legal opinions; representing the client’s interests before contractors and business partners; participation in negotiations with those lawyers who represent counterparties in transactions and the client; preparation and drafting of contracts and agreements; preparation of analytical documents on legal issues; consulting on various aspects of legal nature; conducting a review and analysis of proposed legislation and legislation that is in effect; representing the client’s interests in the courts and in various government bodies.
Lawyer: what are the responsibilities of this specialist?
www.advokatvrn.ru/ .
Lawyer is the general name of a profession that unites all servants of the law: prosecutor, notary, legal adviser, lawyer, labor or tax inspector - these are all lawyers of appropriate specialties, each of which is associated with a specific area of law.
The duties of a lawyer include:
Participation in the preparation of legal opinions;
Representing the client's interests before contractors and business partners;
Participation in negotiations with those lawyers who represent counterparties in transactions and the client;
Preparation and drafting of contracts and agreements;
Drawing up analytical documents on legal issues;
Consulting on various aspects of legal nature;
Conducting a review and analysis of proposed legislation and legislation that is in force;
Representation of the client’s interests in the courts and in various government bodies.
It is worth noting that a lawyer must certainly know the Constitution of the country where he provides services; criminal, civil, labor, financial and administrative law; legislation that is currently in force; forensic methods; psychology, logic, basics of labor organization, economics, production and management.
This specialist must have such qualities as: a high sense of responsibility, perseverance, developed logical thinking, initiative, painstakingness, emotional stability, switchability of attention and concentration, good memory.
Legal assistant - what are the responsibilities?
A legal assistant falls into the category of technical performers.
2. A person with a professional (legal) education (higher; secondary) is appointed to the position of legal assistant (without any work experience requirements; work experience in the specialty is at least 1 year)
3. A legal assistant must know:
3.1. Fundamentals of substantive and procedural law.
3.2. Methodological and regulatory materials on legal activities.
3.3. Ethics of communication with government agencies, local governments, legal entities and individuals.
3.4. Office standards.
3.5. The procedure for systematizing, recording and maintaining legal documentation using modern information technologies.
3.6. Methods of information processing using modern technical means of communication and communications, computers.
3.7. Text editors and special legal software.
3.8. Internal labor regulations.
Internet Industry Library I2R.ru
Lawyers
Senior lawyer in a specialized company (managerial employee)
A senior lawyer at a law firm is responsible for key aspects of the law firm’s activities and oversees the most significant projects.
Job responsibilities:
Law firm lawyer (mid-level employee)
A law firm attorney works under the supervision of a senior attorney at the firm and is responsible for a wide range of legal matters.
Job responsibilities:
Head of the legal department in the company (mid-level employee)
The head of the legal department at the enterprise, manages the legal department at the enterprise, which is part of the company structure. Responsible for all legal aspects of the enterprise.
Job responsibilities:
Lawyer at an enterprise (employee - specialist)
A lawyer at an enterprise works in the legal department and is responsible for the preparatory phase of drawing up contracts, and also monitors the timely dispatch and delivery of documents.
Job responsibilities:
Head of the legal department at a bank (mid-level employee)
The head of the legal department in the bank manages the legal department in the bank, which is part of the general structure of the bank.
Responsible for the effective operation of the department and supervises legal issues, depending on the specifics of the department’s work.
Job responsibilities:
Lawyer in a bank (employee - specialist)
A lawyer in a bank works in the legal department, which is part of the general structure of the bank.
Job responsibilities:
Next articles:
Responsibilities of a lawyer in a pension fund
Job responsibilities of a lawyer in a pension fund
Most legal advisers operate in private and public institutions. In companies where there are more than 10 specialists in the legal department, they are assigned appropriate categories.
Enrollment and dismissal are carried out by the director of the company in the manner prescribed by law.
Candidates are submitted to the manager by his deputy after agreement with the head of the legal department.
Pension Fund of Russia PFR.
In this section you can download and familiarize yourself with standard job descriptions for various sectors of activity.
To begin with, you must decide on your pension; the court must also take into account the circumstances proposed by the bank.
Employees of other departments and services involved in accounting report to the chief accountant on issues of organization and maintenance of accounting and reporting.
The appointment, dismissal and relocation of financially responsible persons (cashiers, warehouse managers and others) is carried out in agreement with the chief accountant.
Contracts and agreements concluded by the department for receipt or leave
Law institute - when did your education end?
This is bad, in any case no one is responsible!
Working with banks on long-term and short-term lending, deputy chief accountant, job responsibilities of the deputy chief accountant, operational and tax accounting.
legislation in the financial sector (securities market, joint stock companies, pension system), advanced PC user (MS Excel), knowledge of advanced Kazakh language.
Monitoring compliance with legal requirements of draft orders, instructions, regulations and other legal acts prepared by the Fund, as well as participation, if necessary, in the preparation
Part 24 of the Tax Code of the Russian Federation and the Law on Compulsory Pension Insurance has developed a Procedure for the exchange of information between tax authorities and Pension Fund bodies.
· about facts of incorrect calculation of contributions c.
The whole of Kazakhstan is preparing to celebrate the day of the great victory.
They haven’t had a lawyer for 1.5-2 months now, I hope they’ll give me a little time to adapt and not just go straight into the deep end.
Perform the duties of a lawyer and prepare for the final.
Within 10 days from the date of entry into force of the decision to prosecute for committing an offense, the policyholder in respect of whom this decision was made is sent a requirement to pay financial sanctions.
- 3.1 In which cases would it be appropriate to conclude a specific option?
- 3.2 What legislation is regulated by?
- 3.3 Is information on contracts entered into the work book?
- 3.4 Is it necessary to pay insurance premiums for personnel to the state budget?
- 3.5 What are the social guarantees provided by the employer to staff members?
- 3.6 What documents formalize the relationship between the employer and the applicant who is hired?
- 4 Important points: legislative aspect
- 5 What set of documents is provided from the applicant to the employer?
- 6 Mandatory contributions of an individual entrepreneur
How to register an employee as an individual entrepreneur? In order for an individual entrepreneur to be able to employ employees, he is required to register with the Pension Fund as an employer.
Pension Fund divisions (over 2.5 thousand)
territorial bodies) operate in every region and in every regional center of Russia. The PFR workforce consists of over 130 thousand social workers.
The share of the Pension Fund's budget in Russia's GDP is 10.8% in terms of income and 10.2% in terms of expenses.
- Any statement begins with a so-called “header” located in the upper right corner of the page.
- The full name of the position of the head of the enterprise and his personal data must be indicated.
- In the line below, write down the details of the applying employee (position, last name, first name, patronymic);
- The name of the document (in this case, the application) is written in the middle of the new line.
- The essence of the appeal is stated from a new line - a request to issue a work book for applying to the Pension Fund and calculating the length of service that gives the right to issue insurance payments.
- It must be indicated that the employee is familiar with the provisions of Art.
Moscow State University of Economics, Statistics and Informatics (MESI) REPORT ON PRODUCTION PRACTICES by Student Sherskova G.G.
Tasks of a lawyer in an enterprise |
| Nowadays, no company can be imagined without a lawyer. For the normal functioning of any enterprise, it is necessary to comply with the laws of the country. This is especially true for labor, civil, and administrative legislation. This predetermines the significant role of a lawyer in an enterprise. In small organizations, all organizational and legal work is carried out by 1 lawyer, and in large organizations, a legal service is created, which includes 3-6 lawyers. The current work of a lawyer is to prepare contracts between an enterprise and its counterparty, analyze contracts for their compliance with the law, as well as for their profitability for their enterprise. He also prepares a package of documents necessary for cooperation with banks and insurers; carries out claims work, protects the interests of the organization in court and much more. However, the legal adviser does not decide with which organization to enter into an agreement, what the transaction amount will be, etc. But his duty is to check the legal capacity of the organization with which the transaction is concluded, the powers of representatives on the other side. |
A lawyer’s job description establishes labor relations. The document describes the types of employee responsibilities, functional responsibilities, rights, rules of subordination, procedure for occupation and dismissal, requirements for experience and education.
The instructions are prepared by the head of the legal department. Approved by the general director of the organization.
The standard form presented below can be used when drawing up a job description for a lawyer at a manufacturing enterprise, trade organization, budgetary institution, legal assistant, or legal adviser. A number of points may differ depending on the specifics of the company.
I. General provisions
1. A lawyer belongs to the “specialists” category.
2. During the absence of a lawyer, his functional duties, responsibilities, and rights are assigned to another official appointed in the prescribed manner.
3. The appointment or dismissal of a lawyer is carried out by order of the general director of the organization.
4. A person with a higher education and at least two years of experience in a similar position is appointed to the position of lawyer.
The lawyer reports directly to the head of the legal department.
6. A lawyer must know:
- labor, civil, administrative, financial law;
- methodological materials on the legal activities of the organization;
- environmental, tax legislation;
- regulatory legal acts that regulate the production, economic, and financial activities of the organization;
- fundamentals of labor organization, economics, production, management;
- systematization, recording and storage of legal documentation using information technology;
- rules for registration, conclusion of contracts, tariff agreements;
- basics of handling computer technology and communications;
- safety rules, labor protection standards;
- rules for drawing up documentation on the economic and financial activities of an organization.
A lawyer is guided in his activities by:
- internal labor regulations, other governing acts of the organization;
- this job description;
- orders, instructions from the management of the organization;
- legislative acts of the Russian Federation;
- Charter of the organization.
II. Job responsibilities of a lawyer
The lawyer performs the following duties:
1. Checks compliance with legislation of draft orders, instructions, regulations and other legal documents.
2. Controls the stages of approval of draft documents by responsible employees.
3. Endorses draft documents.
4. Issues reasonable instructions to responsible employees of the organization to make changes to documents.
5. Develops constituent documents. Participates in the registration of legal entities and handling of securities.
6. Makes changes to the constituent documents of the organization.
7. Processes claims against the organization from government agencies, contractors, and employees. Prepares responses to them, creates draft decisions on granting petitions or refusing them.
8. Prepares and forwards claims to counterparties. Monitors the progress and results of their consideration.
9. Creates draft agreements and checks their compliance with legislation.
10. Notarizes established types of contracts or maintains their state registration.
11. Prepares documents for obtaining licenses and permits that are necessary to conduct the organization’s activities.
12. Takes measures to comply with pre-arbitration dispute resolution.
13. Prepares statements of claim and submits them to the courts.
14. Examines copies of statements of claim regarding claims against the organization.
15. Represents the interests of the organization in arbitration courts.
16. Checks the legality of dismissal, transfer of employees, and imposition of penalties on them.
17. Represents the interests of the organization during inspections by control and supervisory authorities. Establishes the validity and correctness of the inspectors’ conclusions, and the accuracy of the execution of the inspection results.
Participates in the development of documents that relate to ensuring the safety of the organization's property.
19. Consults employees of the organization on legal issues. Provides legal assistance in drafting legal documents.
III. Rights
A lawyer has the right:
1. Demand that the management of the organization create normal conditions for the performance of their official duties, the safety of material assets and documents.
2. Notify the immediate supervisor about identified shortcomings in the organization’s activities. Make proposals to eliminate them.
3. Make proposals to management to improve their work and the activities of the organization.
4. Make independent decisions within your competence.
5. Do not exercise your powers if there is a danger to life or health.
6. Receive information about decisions of the organization’s management regarding the activities of the legal department.
7. Represent the interests of the organization in the prescribed manner.
8. Obtain the necessary information to perform your job duties.
10. Enter into communication with employees of the organization’s structural divisions on work issues.
11. Sign documents within your competence.
12. Contact specialists on issues beyond the competence of a lawyer.
IV. Responsibility
The lawyer is responsible for:
1. Violation of the norms of etiquette and business communication.
2. Violation of the requirements of the organization’s governing documents.
3. Illegal handling of personal information of employees, trade secrets, disclosure of confidential information.
4. Unauthorized representation of the interests of the organization
5. Consequences of independent actions and decisions.
7. Quality of reporting documentation.
8. Causing damage to the organization, its employees, contractors, or the state.
9. Improper performance of one’s functional duties.
10. Violation of internal labor regulations, labor discipline provisions, safety standards, fire protection.
Court decisions and rulings
Responsibilities of a lawyer in an enterprise
A lawyer is one of the important and key employees in any enterprise. Its importance and necessity lies in the fact that only it can resolve all legal situations and enables the enterprise to carry out its activities exclusively within the framework of the law. What are the responsibilities of such an important profession as a lawyer and what is the competence of this employee, we will consider further. All responsibilities of a lawyer in an enterprise are provided for in the job description, which is approved by an official authorized to act on behalf of this enterprise (chief, director, general director). Often, the responsibilities of this employee include a certain type of work, namely:
- checking compliance of issued acts and orders at the enterprise with current legislation;
- development and conclusion of agreements with the party that has expressed a desire to cooperate with the enterprise (additional agreements);
- development and signing of a protocol of disagreements under contracts;
- drawing up and sending claims to the other party under the contract;
- representing the interests of the enterprise in court;
- drawing up a number of documentation (power of attorney, official letter and others, depending on the tasks assigned to the lawyer);
- representation and defense of the enterprise during inspection by regulatory authorities;
- interaction with government agencies and government authorities;
- legal advice to company employees on any issues they may have related to current legislation.
Additional unspoken responsibilities of a lawyer for enterprises
As the practice of working as a lawyer at an enterprise shows, all employees of an enterprise are often referred to a lawyer when solving important production issues. Even an indirect relation of the production situation to jurisprudence can become the task of a lawyer. Therefore, it is very difficult to overestimate the importance of this official. In cases where the enterprise belongs to the state form of ownership, then these responsibilities also include conducting tender procedures for the purchase of goods, works or services for state funds. Also, the work of a lawyer is often accompanied by official correspondence. Drawing up official letters is one of the important components of fulfilling the tasks assigned to a lawyer. Along with this, work on interaction with government bodies occupies an important place. Thus, obtaining permission, renaming an enterprise or changing financial details necessarily require the participation of a lawyer. Resolving any important strategic issues regarding the further legal activities of an enterprise without a lawyer is impossible, because non-coordination of this issue can lead to legal conflicts that negatively affect the work of any enterprise. ON THE TOPIC!
Heading:A lawyer is a specialist who reports directly to the head of the organization, in the absence of a full-fledged legal department. Such an employee must have a higher education in the relevant industry and a full knowledge of jurisprudence.
Legal specializations are divided into the following categories:
- Legal consultant - higher education without work experience or secondary vocational education with at least 5 years of experience;
- Legal consultant of category 2 – the requirements for the applicant are similar, but at least 3 years of work experience is required, even with a higher education;
- Legal consultant of the 1st category - for this position you must have at least 3 years of work experience in a position of the 2nd category.
Job description for a lawyer of a budgetary institution and non-budgetary enterprise
A job description is an internal organizational and administrative document, adjusting the powers, responsibilities and duties of the lawyer of this enterprise.
This is a very important document for any type of organization; it allows you to systematize job data, which simplifies the process of making changes.
How to correctly draw up instructions for a lawyer?
Instructions for a lawyer of any enterprise - budgetary, commercial, industrial - should contain the main sections:
- General provisions – affiliation and category, procedure for appointment and dismissal from a position.
Job responsibilities of a specialist:
- Checking compliance of legal documentation with legislation;
- Control of the approval stage of these documents;
- Documentation approval;
- A lawyer develops and changes constituent documents;
Works with claims and appeals from government bodies addressed to the company.
- Prepares claims from the organization;
- Checks the legal compliance of contracts;
- Prepares documents for obtaining excise taxes and other permits;
- Communicates with the notary;
- Resolves pre-trial preparation of documents;
- Represents the company's interests in courts;
- Monitors the work of the HR department - the legality of hiring and firing employees.
To become a lawyer at an enterprise or in a government agency and perform your duties efficiently, it is not enough to graduate from law school; you need to choose the right university, which will play a big role when applying for a job.
Where can I download a sample instruction?
You can download a sample job description for a lawyer in an institution.
Not the least factor will be the personal qualities of the applicant - curiosity, strict adherence to the letter of the law and high-quality knowledge of it will play into the hands of an active and purposeful young man.
You will learn about the main tasks of a lawyer in an enterprise from this video:
Job description of a legal adviser
Job description of a legal consultant | Sample
Job Description of Legal Adviser
1. GENERAL PROVISIONS
1.1. The legal adviser is appointed to the position and dismissed by order of the general director.
1.2. The legal adviser reports directly to the general director and ensures legal protection of the interests of the joint-stock company (hereinafter referred to as the Company).
1.3. This position does not provide for subordinates.
1.4. In its activities it is guided by the Constitution of the Russian Federation, the Labor Code of the Russian Federation, other legislative and regulatory acts of the Russian Federation and Moscow, orders and instructions of the management of the Company and these Instructions.
1.5. During the absence of a legal adviser, his rights and obligations are transferred to another official, as announced in the order.
1.6. These instructions may be changed or supplemented in accordance with the established procedure.
2. QUALIFICATION REQUIREMENTS
2.1. Higher professional (legal) education and work experience in the specialty for at least 3 years.
2.2. Required knowledge:
- legislative acts regulating the production, economic and financial activities of the Company;
- methodological and regulatory materials on legal activities;
- civil, labor, financial, administrative law;
- tax law;
- environmental legislation;
- the procedure for maintaining records and preparing reports on the economic and financial activities of the Company;
- the procedure for concluding and processing business contracts, collective agreements, tariff agreements;
- the procedure for systematizing, recording and maintaining legal documentation using modern information technologies;
- fundamentals of economics, labor organization, production and management; means of computer technology, communications and communications;
- rules and regulations of labor protection.
3. OFFICIAL AND OTHER RESPONSIBILITIES
3.1. Ensuring compliance with the law in the activities of the Company and protecting its legal interests.
3.2. Carrying out legal examination of draft orders, instructions, regulations and other acts of a legal nature prepared by the Company, endorsing them, as well as participating, if necessary, in the preparation of these documents.
3.3. Taking measures to amend or repeal legal acts issued in violation of current legislation.
3.4. Organization of the preparation of opinions on legal issues arising in the activities of the Company, as well as on draft regulations submitted for review by the Company.
3.5. Providing methodological guidance for legal work in the Company, explaining current legislation and the procedure for its application, providing legal assistance to structural units in claim work, preparing and submitting the necessary materials to judicial and arbitration authorities.
3.6. Representing the interests of the Company in court, arbitration court, as well as in state and public organizations when considering legal issues, conducting judicial and arbitration cases.
3.7. Participation in the preparation and conclusion of collective agreements, industry tariff agreements, development and implementation of measures to strengthen labor discipline, regulation of social and labor relations in the Company.
3.8. Work on analyzing and summarizing the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, developing proposals to improve control over compliance with contractual discipline for the supply of products, eliminating identified deficiencies and improving the production, economic and financial activities of the Company.
3.9. Preparation of materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violation of environmental legislation and other offenses for transferring them to investigative and judicial authorities, taking measures to compensate for damage caused to the Company.
3.10. Participation in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensuring the safety of the Company’s property.
3.11. Preparation of opinions on proposals to bring the Company’s employees to disciplinary and financial liability.
3.12. Participation in the review of materials on the status of accounts receivable in order to identify debts requiring forced collection, ensuring the preparation of opinions on proposals to write off bad debts.
3.13. Monitoring compliance in the Company with the procedure established by law for product certification, acceptance of goods and products in terms of quantity and quality.
3.14. Organization of systematic accounting, storage, introduction of adopted changes to legislative and regulatory acts received by the enterprise, as well as those issued by its head, ensuring access to them for users based on the use of modern information technologies, computer technology, communications and communication.
3.15. Ensuring that the Company's employees are informed about current legislation, as well as organizing work to study by the Company's officials the regulatory legal acts related to their activities.
3.16. Organizing the provision of legal assistance to public organizations of the Company, consulting employees on legal issues.
3.17. Execution of orders, instructions and instructions, with the exception of illegal ones.
3.18. Ensuring the safety of official and other secrets protected by law of the Russian Federation.
3.19. Maintaining the level of qualifications required to perform job duties.
3.20. Compliance with the standards of official ethics and established official routines.
3.21. Do not take actions that impede the work of the Society, or lead to undermining its authority.
3.22. Fulfillment of other requirements provided for by the legislation of the Russian Federation.
4. RIGHTS
The legal adviser has the right:
- to create organizational and technical conditions for the performance of job duties provided for in this instruction;
- participate in the preparation of decisions made by the Company in accordance with job responsibilities, orders and instructions;
- in accordance with the established procedure, request and receive materials and information necessary for the performance of official duties;
- make proposals for improving the work of the Company as a whole and its structural divisions;
- improve your qualifications while maintaining your salary for your position for the entire period of study;
- receive monetary remuneration for performing their official duties;
- receive moral and material encouragement for exemplary performance of their official duties, and enjoy benefits provided by law.
5. RESPONSIBILITY
5.1. For non-fulfillment and improper performance of official duties, exceeding official powers, as well as for non-compliance with the provisions established by the legislation of the Russian Federation and these Instructions, a disciplinary sanction may be imposed.
5.2. In addition to the disciplinary measures provided for by the Labor Code of the Russian Federation, depending on the severity of the offense and the circumstances of its commission, other sanctions provided for by Russian legislation may be applied.
6. WORKING CONDITIONS
6.1. The legal consultant's work schedule is determined in accordance with the Internal Labor Regulations established by the Company.
6.2. Due to operational needs, the legal consultant may go on business trips (including local ones).
I have read the instructions: _____________________ ____________________________