Can the organization provide legal services? Paid and free provision of services

Any citizen or organization may be faced with the need to obtain legal assistance.

To legislatively formalize the legal relationship between the contractor and the customer, relevant agreement for the provision of services.

A document signed by both parties regulates their mutual rights and obligations.

In its structure, it can be a civil law agreement or an agency agreement.

Purpose

Legal services mean a fairly wide range of services provided to citizens. professional legal assistance.

Legal services can provide law firms, lawyers, notaries, legal organizations, individual entrepreneurs (working in the field of providing legal services).

The agreement allows you to legally record in writing the fact of the provision of legal services and their receipt. Features and conditions of conclusion Such agreements are prescribed in the Civil Code of the Russian Federation.

An agreement is concluded between the contractor and the customer for the provision of the following services:

Model agreement of representation in court.

Parties to the agreement

The parties to the agreement are:

1. Executor who provides legal assistance (individual, legal entity, individual entrepreneur). In this case, the executor must have the necessary legal knowledge and skills and have the authority to carry out legal activities.
2. Customer who needs legal support. The customer can be an individual or legal entity.

In practice, contracts are most often concluded between individuals, since it is easier and more profitable for a citizen to seek help from a private lawyer rather than from a legal organization.

The contract is concluded on the standard form of the contractor, or on the basis of a sample document available to the customer. In the agreement actions must be reflected which the contractor undertakes to undertake in accordance with his duties.

Before signing a document, negotiations usually take place, as a result of which each party clarifies its rights and obligations. The contents of the agreement must be fully respected interests of both parties.

Usually, the document consists from the following points:

1. Subject of the agreement (description of the legal support provided).
2. Rights of the parties.
3. Obligations of the parties.
4. Procedure for providing the service.
5. Cost of legal support.
6. Calculation procedure.
7. Responsibility of participants.
8. Dispute resolution method.
9. Possibility of termination of the document.
10. Details of the parties.

Performers usually have at their disposal several options for standard contracts for the provision of legal services, since the nature of the legal assistance required by the client and the conditions for its provision may differ significantly. For example, a client may enter into a contract for a long period of time, or need different advice, etc.

Sample contract for the provision of legal services.

Agency agreement

A contract of agency is a form of legal contract in which the customer acts as principal, and the performer as his official representative.

Executor can perform the following actions:

1. Prepare a statement of claim for the principal.
2. File a claim in court on behalf of the principal.
3. Represent the interests of the client in court.

Customer transfers to the executor acting on the basis of an order or power of attorney all necessary information and documents.

The contract reflects the customer’s obligation to provide only reliable and complete intelligence.

The contractor must keep the customer informed of the matter and promptly notify him of all events.

The information held by the authorized representative relates to legal secrecy and are not subject to disclosure.

Contracts of assignment for the provision of legal services.

Civil

This is an agreement between the customer and the contractor, in accordance with which the contractor is hired for a certain period to perform specific duties. In this case, the performer acts as a contractor.

When hiring a contractor using a civil contract, the customer cannot establish for him mode and working conditions, control the activities of the performer.

If there is such an agreement, the main indicator of the lawyer’s fulfillment of his obligations will be results of the work done provided to the customer on time.

Payment is made upon completion of work, unless otherwise calculation procedure not provided for in the contract (for example, advance payment).

Civil contract for the provision of legal services.

Paid and free provision of services

There are two ways to provide legal services:

Agreements for the provision of legal services.

Agreements for the provision of legal services free of charge.

Agreement with lawyer

A contract with a lawyer for the provision of services implies the existence of an agreement between the lawyer and his client about the lawyer’s performance specific legal actions for a fee. The client provides the lawyer with all the necessary information and documents, for the accuracy of which he is responsible.

Advocate may perform the following duties:

1. Give consultations.
2. Issue certificates.
3. Represent the interests of the client in government bodies, various public organizations (unless otherwise provided by the charters of organizations, laws of foreign states, etc.).
4. Represent the client's interests in court.
5. Protect the interests of the client during legal proceedings (administrative, criminal, constitutional, civil, etc.).
6. Other legal responsibilities.

Drawing up an agreement for the provision of legal services with a lawyer.

With a notary

The notary, fulfilling his obligations under the contract for the provision of services, must act in strict accordance with existing legislation on notaries.

The client, acting as the ordering party, is obliged to provide all required information and documents. Payment for notary services is made in accordance with current tariffs.

An agreement with a notary is concluded for the purpose of obtaining advice, preparing documents, certifying data, etc.

Agreement on the provision of notary services.

Results

So, the provision of legal services to citizens should be carried out based on a written agreement.

The agreement is concluded between the contractor and the customer, who may be individuals or legal entities.

The executor is a lawyer, notary, law firm, legal organization or individual entrepreneur.

The contract must be drawn up on standard form of the customer or contractor and contain all the necessary information reflecting the interests of each party. The document may be a civil document or a contract of agency. Legal services can be provided paid, on either gratuitous basis.

In capitalism, every company needs to organize legal services by professionals and experts in their field. Young entrepreneurs and businessmen are not so knowledgeable in legal matters, so they hire personal lawyers and lawyers so as not to resort to the help of third-party companies if necessary. This practice has become common in recent decades. Most large organizations hire entire organizations. But if a citizen does not have a personal lawyer or is just planning to hire one, what documents will be needed and where to apply? We'll talk about this further.

What are legal services

The organization of legal services is, first of all, consulting in all areas of law, representation in court, examination and representation of the interests of the customer or employer. This is what is written about them in the Treaty on the Eurasian Economic Union. This definition does not reflect the full essence and meaning of services, but gives an approximate understanding of what can be required from a lawyer. However, there are some nuances here too.

First, lawyers do not risk getting 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 assists law enforcement agencies (courts, for example). A lawyer is constrained by the law.

Thus, legal services and the lawyers representing them only help clients understand their rights, and only the employers, an individual or a legal entity, decide whether to use these rights or not.

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

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 entities. help to varying degrees.

For individuals

For individuals, the most common attraction of legal services is in the following aspects:

1. Labor: reinstatement (in case of slander, unfair dismissal), recovery of wages, disciplinary sanctions.
2. Family: payment of alimony, divorce (and subsequent division of property), deprivation of parental rights.
3. Housing: HOA, eviction, determination of rights of use, housing cooperatives.
4. When interacting with legal organizations and government bodies.
5. When compensating for loss and other harm to position and health.
6. When drawing up examinations and accompanying contracts.
7. When concluding real estate transactions, mortgages.

Legal entities

Organizations also often participate 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 and production.
2. Drawing up acts, claims, powers of attorney and other Examination of other legal acts.
3. Resolution of disputes that have arisen through pre-trial settlement.
4. Permanent representation in various court instances.
5. Drawing up and certification of various contracts.

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

Assessment of the quality of legal services

A lawyer's experience and reputation are just the tip of the iceberg. The desires that clients voice when hiring a lawyer usually look like this:

1. Empathy for the client, goodwill - this guarantees the lawyer’s complete immersion in the client’s problem, which is important for quality service.
2. Subscriber support, immediate response (at any time of the day or night, without lunches and weekends).
3. The ability to keep secrets.
4. Clarity of explanations, eloquence. The client needs to participate in legal proceedings. processes, but to participate you need to understand what’s what, and only a lawyer can explain.
5. Of course, significant experience and a clean reputation.
6. Lowest price possible.

Experience and reputation are assessed at the search stage and have little effect on the result of services. There are often cases when young university graduates worked more responsibly than experienced lawyers. The quality of work can only be truly assessed not before it has been completed. For this reason, organizing legal services is a difficult task.

What 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:

1. Public receptions at state and other levels.
2. Courts of all levels.
3. The Bar is an institution dedicated to the protection of rights, freedoms and interests in court.
4. A notary is an institution involved in certifying transactions and 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 for Human Rights. There are representatives in every region.
8. Private companies and organizations.

In addition to such large organizations, there are companies offering a narrow organization of legal services, for example, a patent office or a credit bureau. Such companies specialize in specific services, and you should contact 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.

Providing services to non-profit organizations

A lawyer cannot be a specialist in all areas at the same time; most often, companies have lawyers for civil and criminal cases. And there are for commercial and non-profit organizations. Let's first consider legal services for 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 state support.

The regional Ministry of Justice helps charitable organizations register legally. Documents describing the scope of activity and the organization's charter are submitted there. After approval, you can register the fund for tax purposes and the Federal Compulsory Compulsory Medical Insurance Fund.

Non-profit organizations can count on some feasible assistance from local governments:

1. Providing benefits for paying fees, taxes, etc.
2. Benefits for using state property.
3. Benefits for members of the organization for paying taxes, etc.
4. Placement of state and municipal orders, in accordance with the law.

The organization itself provides legal services to the organization. But in matters of appealing to the state. authorities - the courts, the prosecutor's office - can count on benefits.

Providing services to commercial corporations

The internal structure of legal entities is not regulated by current legislation, that is, the owner or owners retain full right to create their own legal service. In matters of saving, 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 a corporation, and Russian Government Decree No. 207 of April 2, 2002 does not include commercial companies. Thus, a legal service can be represented as one lawyer or a staff. Such a service is formed as an administrative and management 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 called accordingly: head of the legal department, department, bureau, etc. It is not uncommon and quite beneficial to have a situation where the head of a legal department simultaneously holds the position of deputy general. Director of Legal Affairs or becomes a member of the management board, board of directors, etc.

There is no need to worry about organizing legal services. At each stage of development and formation of a company, there are moments that require legal regulation: the organization’s decree for registration with tax and other government agencies. authorities, registration of new employees, interaction with other companies, etc.

According to modern legislation, in-house lawyers are called legal advisers or corporate lawyers, since in practice they spend a lot of time resolving the internal legal issues of the organization.

Providing 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 government 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 government agencies have an advantage because they are protected by “their own people.” The legal service is an independent body that regulates legal norms, regardless of the client’s situation.

There are frequent cases when in the state. Enterprises have their own in-house lawyers. They do the same thing as their commercial counterparts.

Agreement for the provision of legal services

There are six types of contracts for the provision of legal services: assignment, contract, commission, agency, paid services, mixed contracts. The legislation does not create a strict framework between these types, so the client has the right to choose the one that is most convenient for him.

1. Discrete (one-time) contract - the client and lawyer cooperate in only 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, conduct a case in court not at one instance, but at all four) to achieve the goal.
3. A subscription agreement is equivalent to hiring a lawyer to regulate the legal regulations of the company. This means working on a permanent basis for an indefinite period or for several years.

The subject of the contract is an action performed by the performer (lawyer, attorney, etc.) for the client. In subscriber and target agreements, this is a set of actions. The terms, remuneration, and procedure for payment of funds depend on the subject.

Thus, the provision of legal services is a multi-stage complex system, strictly regulated by law. However, the structure of a legal organization is not determined by law and can be of any size and with any number of personnel. In-house lawyers work either on a temporary contract or on a permanent basis. And the larger the organization, the larger the headquarters of lawyers.

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Paid (reimbursable) legal service is a service that the Client has paid for in advance (by prepayment), and for which the lawyer can receive a fee (remuneration) or part of it in accordance with the procedure established by the Site Administration. Free questions with the status “pinned” do not apply to paid legal services

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1.2. The Rules may use terms not defined in clause 1.1. In such cases, the interpretation of the terms is made in accordance with the text and meaning of these Rules and the User Agreement of the Site.

2. The procedure for interaction between the Lawyer and the Client when providing legal services

2.1. Legal services provided on the Site by lawyers, among other things, must pursue the following goals: providing assistance to the Client, protecting his legal rights and interests, achieving a positive effect for the Client. Providing legal services and interacting with the Client on the Site without taking these purposes into account is prohibited.

2.2. The interaction of the Lawyer with the Client when providing legal services must be carried out exclusively through the interfaces and software functions of the Site. It is prohibited to provide legal services to Clients bypassing the Site (via email, instant messengers, social networks, invitations to a lawyer’s office, etc.) or to directly or indirectly convince, offer and push the Client to such a decision, except for the cases provided for in these Rules in paragraph. 2.3

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a) The Service cannot be provided to the Client remotely (online) using the software functions of the Site. Such services include: representing the Client’s interests in court, government agencies, and before third parties;

b) The Client directly informed the Lawyer of his desire (intention) to order such a service from the Lawyer (preliminary consent for the provision of the service was reached);

2.4. When transferring contact information to the Client in accordance with clause 2.3 of these Rules, the Lawyer is obliged to immediately notify the Administration about this by sending an email to the address to discuss the terms of service and the amount of the Site’s commission.

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2.6. For violation of the requirements specified in paragraphs. 2.3 - 2.5 of these Rules, the violator may be subject to liability in the form of a fine. The amount of the fine is set by the Administration depending on previous violations of the Rules (including on the same basis), the role and merits of the violator on the Site, and cannot exceed 60% of the cost of the service provided. The fine is subject to debiting from the violator’s account balance.

2.7. The administration makes a decision and applies the sanctions specified in clause 2.6 based on:

• Client's explanations;
• agreements between the Lawyer and the Client in the chat, when answering a question, discussing an application for the production of a document, etc.;
• other evidence.

Tax legislation was changed in 1998. After the amendments are made, persons can provide services without having the status of an individual entrepreneur. But certain types of agreements must be concluded.

Each contract concluded with the second party has some features. To ensure that the person providing the services is not punished by the inspection authorities, it is necessary to know all the possible nuances.

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Conflict situations arise if a person systematically provides certain services. After all, according to the law, such an opportunity is available for no more than 90 days in a row. If violations are detected, the person may be held accountable.

If a person has legal knowledge, he can help other people resolve legal disputes and issues. But not everyone knows whether the provision of legal services without registering an individual entrepreneur is legal.

Central provisions

Providing legal services without registering an individual entrepreneur is both permitted and prohibited at the same time. If a person wants to do this professionally, but does not want to receive the status of an entrepreneur, then this falls under the definition of illegal entrepreneurship. And this is despite the fact that the person can pay personal income tax.

For such a violation, liability can be both administrative and criminal. At the same time, clients may not agree to work with a person who does not legally confirm his professional status.

On the other hand, in order to help people with regard to the legal component, it is not necessary to open an individual entrepreneur.

You can work in accordance with some rules:

In all other cases, human activity will be considered illegal. To determine how to act correctly for a person wishing to provide legal services without an individual entrepreneur, it is necessary to familiarize yourself with the options for concluding contracts.

In order not to be punished for your own activities, it is important to familiarize yourself with the options for cooperation with other persons without individual entrepreneur status

Legal status and laws

The Civil Code of the Russian Federation states that a contract is concluded in the form of an agreement between two or more persons. It specifies the beginning, end or transformation of relationships of a legal or property nature. According to the document concluded between two persons, the parties have certain obligations.

For example, an individual is going to mow the grass or make wooden products for a customer - a legal entity.

In this case, the agreement must contain:

• customer data;
• information about the performer;
• the essence of the agreement;
• the period within which the work must be completed;
• control over execution;
• cost of services;
• procedure and deadline for payment of work by the customer;
• rights and obligations of individuals and legal entities;
• rules for resolving disputes;
• duration of the agreement;
• information about a possible extension.

The Civil Code of the Russian Federation notes the need to fill out a standard form of an agreement, which is concluded between a legal entity and an individual without individual entrepreneur status. However, the form itself is not fixed. Therefore, the parties can change the clauses, adding those necessary to resolve the relationship.

In some cases, an individual does not fulfill his obligations. Then the conflict is resolved pre-trial and in court. If there is a trial, the court will focus on the execution of the contract.

Some contractors draw up a document that is obviously unprofitable for the customer. Therefore, lawyers note the need to clearly define the obligations of each party. Then the deal will be mutually beneficial for both parties to the agreement.

The Tax Code provides a list of types of activities that do not require registration of a person in the Unified State Register of Individual Entrepreneurs.

Without such status a person can:

• herd livestock;
• crush grain;
• engage in the cultivation of agricultural products;
• advise schoolchildren and students on the appropriate training program as part of tutoring;
• clean the premises;
• provide musical accompaniment for events;
• sell kittens, puppies;
• look after trained animals;
• care for other persons (minors, adults);
• raise pets;
• handle the secretariat;
• repair clothes;
• measure weight and height using automatic devices.

But before the provision of such services, the contractor must visit the tax authorities. If you do not have an account number, you must submit an application for one. After this, a certain amount must be paid, which constitutes the tax. The amount of payments differs depending on the subject of the Russian Federation.

The person will be told by the tax inspector that services are prohibited from being provided to people who do not have individual entrepreneur status. A person must notify an employee of his or her intentions to engage in a particular activity. The inspector will tell you about the person’s capabilities, rights and responsibilities in accordance with the law.

Is registration necessary?

Many people do not know whether registration of an individual entrepreneur is required for a person wishing to provide legal services. To answer this question, there are important terms to consider.

The Civil Code of the Russian Federation (Article 2) describes the essence of entrepreneurial activity. It consists of making a profit by leasing property, manufacturing and marketing products, preparing work or providing services by persons registered by law and included in the Unified State Register of Individual Entrepreneurs.

The Code of Administrative Offenses of the Russian Federation (Article 14.1) describes the concept of illegal entrepreneurship. It consists of carrying out business activities without the appropriate permit (registration of individual entrepreneurs and legal entities). Violation of this law is subject to a sanction in the form of a fine, the amount of which ranges from 500 to 2,000 rubles.

Also, illegal business activities can be a criminal offense. In this case, the person must not only illegally provide services or perform work, but also cause large-scale damage to people, institutions or the country.

Then the punishment is:

• fine;
• compulsory work;
• arrest.

If a private lawyer who does not have the status of an individual entrepreneur helps to conclude contracts on a fee basis for individuals for the provision of legal services, then it is impossible to unequivocally answer the question of whether there has been a violation of the law. Therefore, it is necessary to study the explanations of the tax authorities.

They note that pro bono transactions should not constitute a full-fledged activity. In this case, the provision of services will not be considered entrepreneurship.

A person may be suspected of committing illegal actions related to the provision of legal services without the status of an individual entrepreneur if:

• acquisition of property in order to obtain benefits for its sale or use;
• keeping records of profits received as a result of work;
• consistency and relatedness of recent transactions;
• established relationships with other persons involved in cooperation with the lawyer.

If a person notes the presence of at least one of the points given above, then it is worth thinking about legally establishing the status of an individual entrepreneur. In this case, the provision of services will be legal.

Also, the person must be aware of the nature of his activity. If legal services bring a constant income, then it is worth submitting an application to enter information about the individual entrepreneur into the Unified State Register of Individual Entrepreneurs. In case of one-time and inconsistent income from this type of activity, there is no need for registration.

Required agreement for the provision of legal services without registering an individual entrepreneur

Russian legislation does not provide a clear definition of the concept of “legal services”. This is due to the fact that this type of activity can be so different that it is impossible to collect and classify all available services.

A person who wants to provide legal assistance should familiarize himself with the possible legally provided options for contracts drawn up between citizens:

• The Civil Code of the Russian Federation (Article 971) stipulates the possibility of concluding an agency agreement. When it is signed, one party is given the opportunity to carry out legal acts for the other party.
• When signing a commission agreement (Article 990 of the Civil Code of the Russian Federation), a party can make transactions for another party to the agreement.
• Drawing up an agency agreement (Article 1005 of the Civil Code of the Russian Federation) provides for the obligation of a party to perform actions, including those of a legal nature, for the other party, but with the consent to use its name and pay for services.
• When signing a contract for the provision of paid services (Article 779 of the Civil Code of the Russian Federation), the contractor performs a service for the customer and receives payment for it.
• If a contract is concluded (Article 702 of the Civil Code of the Russian Federation), the contractor performs certain work required by the customer. The latter pays it according to the agreement.

The concept of “provision of legal services” is not prescribed by law. Therefore, these words can be understood as concluding contracts, drawing up claims, holding consultations, attending court hearings - any actions that are commonly considered legal services.

An individual who wants to provide advice on legal issues and engage in this type of activity without the status of an individual entrepreneur should focus on only two forms of agreement. These include the provision of services on a reimbursable basis and an assignment agreement. Other types of agreements, although they have the right to exist, can be challenged in court. Then the person will be held accountable for illegal activities.

Every person who wants to provide legal services must weigh the pros and cons before starting their activities, because it is possible to stop such actions and bring a person to justice within the framework of administrative and criminal legislation

Liability Risk

When conducting business activities without registering a person and entering him into the Unified State Register of Individual Entrepreneurs, sanctions may be applied.

According to the Code of Administrative Offenses (Article 14.1), an administrative fine may be collected from a person. Its size varies within from 500 to 2,000 rubles.

In some cases there is no liability.

This is noted in case of unsystematic profit making, characterized by:

• quantity of goods;
• assortment;
• volume of work performed, etc.

Sometimes there may be evidence indicating systematic profit making.

These include:

• certificates of persons who are customers;
• availability of receipts for receiving money;
• bank statements;
• acts of transfer of goods, performance of work.

Illegal business activity may also be a criminal offense. Sanctions are provided for when major damage is caused to individuals, organizations, or the state. There may also be a large income received by a person conducting illegal business activities. This rule is prescribed in Art. 171 of the Criminal Code of the Russian Federation.

• a fine of up to 300,000 rubles or salaries within 2 years;
• compulsory work (up to 480 hours);
• arrest (up to six months).

It is worth remembering that when acquiring property, as well as receiving it as an inheritance or gift, liability for its use does not arise under Art. 171 of the Criminal Code of the Russian Federation. The person’s act in this case involves a violation of Art. 198 of the Criminal Code of the Russian Federation. It stipulates liability for non-payment of taxes in the presence of income from real estate rental transactions.

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