Job description of a lawyer of a trading company. Job description of a lawyer. II. Job Responsibilities

Legal Counsel is staff member legal entity. This specialist ensures compliance with the norms of the law both by the company itself and by other entities entering into legal relations with it. Let us consider further the job responsibilities of the legal adviser of the enterprise.

General characteristics of the profession

Among the persons whose specialty is united by the term "lawyer", a consultant on legal matters occupies a separate place. The work of a lawyer is considered closest to the activity of this specialist. Most legal advisers work in private and public institutions. In the states of companies where there are more than 10 specialists in the legal department, they are assigned the appropriate categories.

Recruitment

Enrollment and dismissal is carried out by the director of the company in the manner prescribed by law. Candidates are presented to the head by his deputy after agreement with the head of the legal department. Job Responsibilities legal adviser in a budgetary institution are formulated according to type sample approved in the manner prescribed by law. Citizens with a higher education in their specialty and professional experience of at least 3 years are accepted for work.

Required knowledge

The duties of a legal adviser are determined in accordance with the specifics of the organization's activities. Important when formulating the tasks of a specialist, his qualifications also have. The job responsibilities of the lead legal counsel, for example, include supervising assistants. For the proper performance of the assigned tasks, the employee needs to know:

1. Regulations that govern economic activity companies.
2. Fundamentals of labor, land, civil, financial (including tax), environmental, administrative, forestry, water, criminal legislation.
3. Norms of agrarian and industrial complex, Code of Criminal Procedure, Code of Civil Procedure.
4. The procedure in accordance with which legal documentation is maintained using modern means VT, communications, communications and information technologies.
5. OT rules.

The knowledge of a specialist can be supplemented depending on the specifics of the organization. Thus, the duties of a legal adviser in housing and communal services require the employee to be aware of the current norms of housing legislation, utility rules, the procedure for concluding relevant contracts and service features.

Key Responsibilities of a Legal Counsel

Typical specialist tasks include:

1. Development of legal documentation of the organization.
2. Implementation of methodological guidance of legal work.
3. Providing legal assistance to employees of structural units in the preparation and execution of various documents, control the activities of personnel in these processes.
4. Represent the interests of the organization in municipal and state bodies, arbitration court.
5. Prepare, together with other departments, materials on violations that are detrimental to the company.
6. Study, analyze, summarize the results of consideration of claims, disputes, practice of changing, concluding, executing, terminating contracts in order to develop proposals aimed at eliminating the identified shortcomings and improving economic activity.
7. Keep records and store the arbitration and other court cases entrusted and in progress (finished).
8. Draw up and submit for signature to the manager documents on bringing employees to material or disciplinary liability.
9. Ensure control over the timely provision of papers by the company's divisions to respond to claims from counterparties.
10. To monitor the norms of legislation, in accordance with which the regulation of the company's activities is carried out.
11. By order of the immediate supervisor, inform the employees of the organization about the current legal acts and changes in them.

Additional activity

The duties of a legal adviser in a legal advice office include clarifying and assisting citizens on legal issues. These tasks can be performed by a full-time employee of the company. In particular, his tasks may include advising employees on legal issues, assistance in the preparation of various documentation. The terms of reference of a specialist may also include the development of conditions for collective and labor contracts, agreements. The duties of the legal adviser of the Pension Fund include consideration of materials related to the execution of contracts with the population, control of the completeness of information and the timeliness of their provision by citizens. The specialist checks the compliance of the activities of employees with the current legislation, reveals violations of the interests and rights of persons who have applied to the FIU.

Implementation forms

The duties of a legal adviser are performed by submitting:

1. Conclusions.
2. Acts.
3. Reviews.
4. Reports.
5. Draft contracts.
6. Claim statements.
7. Reporting and office notes.
8. claims.
9. Complaint.
10. orders.
11. orders.
12. Other documents issued by the organization.

Rights

Their implementation is aimed at the fulfillment by the specialist of the tasks assigned to him by the management. In the course of his activity, the specialist has the right to:

The rights and duties of a legal adviser include reporting to the immediate superior about violations committed by subordinates in the course of their professional activities.

Interaction with other employees

In carrying out his duties, the legal adviser, if necessary, communicates with other divisions of the company. Their employees should be assisted in the implementation of their activities by a specialist. His requests to provide him with materials and documents related to the work of the legal department are met by all divisions. If it is impossible to fulfill the instructions of a specialist, employees should inform their direct management about this. Deliberate failure to provide the necessary information acts as a disciplinary offense.

A responsibility

The duties of a legal adviser are related to the use of information that may constitute a commercial or state secret. The specialist is responsible for the preservation of data relating to the specified categories. In addition, the specialist may be held liable for:

1. Failure to perform or improper performance of their tasks.
2. Ignoring the instructions and orders of the management, the first deputy, as well as the head of the legal department.

The specialist is responsible for the effectiveness and results of the company's activities on legal issues. For violations of the Labor Code, an employee may be subject to disciplinary and administrative, as well as criminal liability.

Conclusion

Job description is developed and approved in accordance with the employment contract, the norms of the Labor Code and other legal acts regulating the scope labor relations. A company car can be allocated to a specialist for prompt resolution of issues. The provision of a vehicle is carried out by order of the head of the company.

JOB DESCRIPTION

legal adviser in the organization

(example form)

1. GENERAL PROVISIONS

1.1. This job description defines the functional duties, rights and responsibilities of a legal adviser in an organization.

1.2. The Legal Counsel is appointed to and dismissed from office in accordance with the established labor law RF order by order of the head of the enterprise.

1.3. The Legal Counsel reports directly to ______________.

1.4. A person with a higher professional (legal) education and work experience in the specialty of at least one year is accepted for the position of a legal adviser of an enterprise.

1.5. The legal adviser should know:

Legislative acts regulating the production, economic and financial activity enterprises;

Methodological and regulatory materials on legal activity;

Civil, labor, financial, administrative law;

Tax law;

environmental legislation;

The procedure for the conclusion and execution of business contracts, collective agreements, tariff agreements;

The order of systematization, accounting and maintenance of legal documentation using modern information technologies;

Fundamentals of economics, labor organization, production and management;

Means of computer technology, communications and communications;

Rules and norms of labor protection.

2. FUNCTIONAL RESPONSIBILITIES

Note. Functional responsibilities legal adviser are determined on the basis and to the extent qualification characteristic according to the position of the head of the legal department and can be supplemented, clarified when preparing the job description based on specific circumstances.

Legal Counsel of the organization:

2.1. Performs work to comply with the law in the activities of the organization and protect its legal interests.

2.2. Carries out legal expertise of draft orders, instructions, regulations, standards and other acts of a legal nature prepared in the organization, approves them, and also participates, if necessary, in the preparation of these documents.

2.3. Takes measures to change or cancel the legal acts of the organization, issued in violation of the current legislation of the Russian Federation.

2.4. Organizes the preparation of opinions on legal issues arising in the activities of the organization, as well as draft regulations submitted for review by the organization.

2.5. Represents the interests of the organization in court, arbitration court, as well as in state and public organizations when considering legal issues, conducts court and arbitration cases.

2.6. Participates in the preparation and conclusion of collective agreements, industry tariff agreements, the development and implementation of measures to strengthen labor discipline, regulate social and labor relations in the organization.

2.7. Conducts work on the analysis and generalization of the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, develops proposals for improving control over compliance with contractual discipline in the supply of products, eliminating identified shortcomings and improving the production and economic and financial activities of the organization.

2.8. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the enterprise's property.

2.9. Prepares opinions on proposals to bring employees of the organization to disciplinary and material liability. Participates in the review of materials on the status accounts receivable in order to identify debts that require enforcement, ensures the preparation of opinions on proposals to write off bad debts.

2.10. Carries out control over compliance in the organization with the procedure for certification of products established by the legislation of the Russian Federation, acceptance of goods and products in terms of quantity and quality.

2.11. Organizes a systematic accounting, storage, introduction of adopted changes in legislative and regulatory acts received by the organization, as well as those issued by its head, provides access to them for users based on the use of modern information technologies, computer equipment, communications and communications.

2.12. Provides information to employees of the organization about the current legislation of the Russian Federation, as well as organization of work on the study by officials of the organization of regulatory legal acts relating to their activities.

2.13. Organizes the provision legal assistance organizing and advising employees on legal issues.

3. RIGHTS

The legal adviser in the organization has the right:

3.1. Get acquainted with the draft decisions of the head of the organization relating to the activities of the department headed.

3.2. Participate in the discussion of issues related to their official duties.

3.3. Liaise with the heads of other structural divisions of the organization.

3.4. Sign (vise) documents within their competence.

3.5. Require the head of the organization to assist in the performance of their duties and rights.

3.6. Enter into relationships with departments of third-party institutions and organizations to resolve issues within the competence of the legal adviser.

3.7. Represent the interests of the organization in the arbitration court and the court of general jurisdiction, in state bodies, third-party institutions and organizations, public organizations on issues of legal protection of the interests of the organization.

4. RESPONSIBILITY

The legal adviser in the organization is responsible for:

3.1. Failure to perform or improper performance of their duties stipulated by this job description - in accordance with the current labor legislation of the Russian Federation.

3.2. Offenses committed during the period of its activities - in accordance with the current civil, administrative and criminal legislation of the Russian Federation.

3.3. Causing material damage - in accordance with the current legislation of the Russian Federation.

3.4. Violation of the Rules of the internal work schedule, fire safety rules and safety regulations established in the organization - in accordance with the current legislation of the Russian Federation.

5. WORKING CONDITIONS

5.1. The mode of work of a legal adviser is determined in accordance with the Internal Labor Regulations established in the organization.

This job description has been developed in accordance with _________ __________________________________________________________________________. (name, number and date of the document)

AGREED: Legal Counsel ____________ ___________________ (signature) (full name)

"___"__________ ___ G.

Acquainted with the instruction: _____________ ___________________ (signature) (full name)

Job description
legal adviser legal service [name of organization, enterprise, etc.]

This job description has been developed and approved in accordance with the provisions Labor Code Russian Federation and other normative acts regulating labor relations in the Russian Federation.

I. General provisions

1.1. The legal adviser is appointed and dismissed from his post, in accordance with the current labor legislation of the Russian Federation, by order of the General Director on the proposal of the Deputy CEO on legal work and office work.

1.2. When performing his official duties (functions), he reports directly to the Deputy General Director for legal work and office work.

1.3. In case of temporary absence from work of one of the employees of the legal service, performs their duties.

1.4. The legal adviser should know:

1.4.1. The current legislation of the Russian Federation;

1.4.2. The practice of applying the current civil, labor, financial, administrative law;

1.4.3. Decrees, orders, orders, other guidelines and regulations higher and other bodies relating to the legal activities of the Company;

1.4.4. Technical means mechanization and automation (computer technology) reference and information work on legislation and regulations, office equipment, be able to work on them;

1.4.5. The procedure for keeping records and compiling reports on contractual and claim work of the Company;

1.4.6. The procedure for concluding and executing business contracts;

1.4.7. Fundamentals of economics, organization of labor and management;

1.4.8. Internal Labor Regulations and Collective Agreement of the Company;

1.4.9. Rules and norms of labor protection, safety measures, industrial sanitation and fire protection.

1.5. Requirements for the qualification of a legal adviser by category of payment:

1.5.1. Legal Counsel (non-categorical) - secondary or higher professional education without presenting requirements for work experience;

1.5.2. Category II legal adviser - higher or incomplete higher (subject to continued studies at a university) professional education and work experience as a non-categorical legal adviser for at least 3 years;

1.5.3. Category I legal adviser - higher professional education and work experience as a category II legal adviser for at least 3 years;

1.5.4. Leading legal adviser - higher professional education and work experience as a category I legal adviser for at least 3 years.

II. Job Responsibilities

2.1. developing or participating in the development internal documents Society, endorses them.

2.2. conducts legal expertise of draft orders issued by the Company and endorses them.

2.3. Participates in the preparation of substantiated answers in case of rejection of claims and claims of the Company's counterparties.

2.4. Produces registration, conduct of cases in courts of general and special jurisdiction under a power of attorney from the Company, carries out their accounting and storage.

2.5. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the Company's property.

2.6. Takes part in the work on the conclusion of economic agreements (contracts), the preparation of opinions on their legal validity, makes their sighting and keeps records of them in a special journal.

2.7. Together with interested departments and services, he participates in the consideration of issues on the elimination of receivables.

2.8. Maintains the established reporting on claims and other work of the Company.

2.9. Prepares draft orders on cash payments for compensation by the Company for harm caused to employees by injury, occupational disease or other damage to health associated with their performance job duties, keeps records and storage of these cases and correspondence on them.

2.10. Prepares draft powers of attorney for representation on behalf of the Company, maintains their registration and journal accounting of issuance, as well as storage of their copies.

2.11. Analyzes and summarizes the results of consideration of claims and court cases of general and special jurisdiction, as well as studies the practice of concluding and executing economic agreements (contracts) in order to develop appropriate proposals for eliminating identified shortcomings and improving the economic and financial activities of the Company.

2.12. In accordance with the established procedure, draws up documents on bringing the Company's employees to disciplinary and financial liability.

2.13. Prepares, independently or jointly with other subdivisions (departments, services), proposals for changing existing or canceling orders that have become invalid, regulations issued by the Company.

2.14. Conducts reference and information work on legislation and regulations using computer technology, as well as taking into account the current legislation and other normative acts, makes notes on their cancellation, changes and additions.

2.15. Carries out work on legal propaganda, familiarization officials Societies with regulations related to their activities, and on changes in the current legislation.

2.16. Provides information and consultations to the employees of the Company, its shareholders on the current legislation, and also draws conclusions on legal issues, assists them in the preparation of documents and acts of a property-legal nature.

III. Rights

The Legal Counsel has the right:

3.1. Request and control the timeliness of submission to the legal service of the Company from its divisions (departments, services) of certificates, calculations, conclusions, explanations and other materials necessary for the preparation of claims and lawsuits against the Company's counterparties, as well as giving answers on them;

3.2. Verify compliance with applicable laws and local regulations in structural divisions Society;

3.3. By special power of attorney, represent the interests of the Company in all state and non-state enterprises, institutions, organizations, commercial and non-profit organizations, regardless of their organizational and legal form;

3.4. Participate in meetings, meetings held by the management of the Company when discussing organizational and legal issues.

IV. A responsibility

The legal adviser, within the limits determined by the current labor legislation, bears disciplinary and financial responsibility to the Company for:

4.1. non-fulfillment or improper fulfillment of the "Internal Labor Regulations", their official duties, orders and orders of the Company's management;

4.2. Material damage caused to the Society through its fault.

4.3. Other violations and misdemeanors in accordance with the current legislation of the Russian Federation and internal regulations of the Company.

I am familiar with this job description:

[initials, last name]

[signature]

[day month Year]

• Approval (approval) of contracts and documents
  Sometimes the agreement is called "sighting". As part of these duties, the lawyer carries out the approval of draft documents, before that he checks the compliance of draft contracts, instructions, orders, regulations and other documents of a legal nature submitted for signature to the management, the current legislation. At the same stage, the execution of the approval stages by the responsible employees of the company is checked.
• Contract work(or as part of the previous group of duties).
  At this stage, the specialist checks the compliance with the law of the draft contracts that are submitted to the company by their counterparties; develops internal projects contracts; provide notarization or state registration certain types contracts.
• Compliance or verification of company compliance with legal norms
  Sometimes this function is called " internal control". This range of duties is especially prevalent in financial institutions(banks, insurance, leasing, investment and management companies, collection agencies), where compliance is regulated either by law or business rules. At this stage, a lawyer monitors changes in legislation, controls the implementation of legislative procedures by managers of business areas, ensures the issuance of orders to cancel acts or make changes to them, which are due to changes in federal legislation, to responsible employees of the company.
• Corporate legal work
  The lawyer carries out registration of issues of securities, legal entities making amendments to the constituent documents; develops constituent documents; determines the legal basis for the company's bodies, prepares documents for holding meetings of management bodies (board of directors, general meetings of shareholders).
• Claim work
  The lawyer provides accounting of claims that come from counterparties and their consideration; prepares responses to claims received and decides whether to satisfy or refuse to satisfy the claims received. He also prepares claims against counterparties, sends them to counterparties and regulates the satisfaction of claims sent to counterparties. In addition to claim work, he conducts lawsuit work: he studies statements of claim on claims against the enterprise, takes measures to implement the pre-arbitration procedure for the settlement of contractual disputes, prepares claim materials and statements and submits them to arbitration courts, represents the company as a participant in litigation in court hearings in arbitration courts (courts of general jurisdiction).
• Licensing and permitting activities
  The specialist may be responsible for preparing applications, applications and other documents for obtaining permits, licenses, certificates, accreditations that are necessary for the current operating activities of the enterprise.
• labor law
  The lawyer checks the legality of the transfer and dismissal of employees, imposing disciplinary action. Also, the duties of a specialist include protecting the interests of the enterprise as an employer: in litigation with employees, a lawyer in 100% of cases acts on the side of the enterprise.
• Representation of the enterprise in interaction with government agencies
  The lawyer represents the company during inspections (which are carried out by supervisory government bodies) for legal control execution of the procedural actions of the inspectors, the correctness and validity of the conclusions, as well as is engaged in the execution of the results of inspections and the creation of procedural documents and protects the interests of the enterprise.
• Local rulemaking
  The specialist takes part in the development of documents that relate to ensuring the safety of the property of the enterprise (instructions, liability agreements that establish the procedure for the acceptance and receipt of material assets at the enterprise, accounting for their movement; instructions for accounting for leave and release finished products).
• General legal work, consulting employees
  The lawyer provides oral and written consultations to employees of the enterprise on various legal issues, provides legal assistance in the preparation of legal documents.

The functionality of the company's lawyer is prescribed in his job description, labor treaty, and is also established in oral and written (memo) orders of the head of the organization and the head of the legal department of the company. The functions of the company's lawyer are not prescribed in the laws. In general, the main basic functions of a lawyer can be described as identifying, preventing and minimizing legal risks in order to maximize the protection of the interests of the company.

Other functions of company lawyers overlap with their duties. However, the duties of all lawyers are different and largely depend on the specifics of the company and specializations the department where the lawyer works. We will list basic responsibilities for most modern companies in Russia:

1. Ensuring control over the activities of the organization in terms of compliance with applicable law.
2. Monitoring and analysis of changes in legislation, judicial practice.
3. Informing company employees about the most important changes in legislation.
4. Consultation of employees of other departments on legal issues.
5. Preparation and examination of draft local regulations (instructions, regulations, regulations, orders, instructions) adopted in the company (usually divided into specialized departments, for example, the contract department develops a regulation on contractual work, the rules for issuing loans are developed by the lending department, and are considered by the department for ensuring the main activities of the legal department).
6. Ensuring the accounting and storage of various documents related to the work of a lawyer (internal memos, letters, claims, court decisions, writ of execution, sometimes statutes, registration certificates, orders).
7. Participation in the preparation of measures to ensure the safety of the company's property.
8. Submission of proposals on the improvement of legislation to the authorized bodies.
9. Preparation of reports on the work carried out.
10. Statement personal plan manager's work.

The above functions and responsibilities may be assigned by the management of the company for one or more in-house lawyers. However, as many years of practice shows, no company is immune from cases where even their own lawyer is unable to help. This can happen for various reasons: due to the lawyer’s lack of proper education in the required specialization, incompetence or lack of practical experience in a particular issue. And in such cases, companies resort to the transfer of functions to outsourcing, i.e. resorting to one-time services of another lawyer, law firm or lawyer education. For company lawyer career in such cases, there will be no damage, since there are no "specialists in all matters." On the contrary, a good lawyer understands only one area, and outsourcing is a normal practice today.

This material was prepared on the basis of the materials of the book Sablin Maxim Timurovich "Lawyer Career". More information about the author can be found