Labor function of a lawyer in claims work. Job description of a lawyer and legal adviser. Is the legal profession difficult?

1.1. This job description defines functional responsibilities, rights and responsibility of a legal adviser (hereinafter referred to as the Employee).

1.2. The employee is appointed to the position and dismissed from the position in accordance with the procedure established by the current labor legislation by order of the head of the Employer.

1.3. The employee reports directly to ______________________________.

1.4. A person with a higher professional ( legal) education and work experience in the specialty ____ years ( no work experience requirement).

1.5. The employee must know:

Legislative acts, regulatory legal documents, methodological and regulatory materials regulating the production, economic and financial activities of the Employer;

Arbitration procedural, civil procedural law, fundamentals of criminal procedural law;

Civil, labor, financial, administrative law;

Tax legislation, environmental legislation, other branches of legislation Russian Federation;

The procedure for keeping records and reporting on economic and financial activities employer;

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

Profile, specialization and features of the structure of the organization;

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

Ethics of communication with state bodies, bodies local government, legal and natural persons;

Structure government agencies, local governments, judicial authorities;

Fundamentals of economics, labor organization, production and management;

Office work standards for legal documents;

Basics of administration;

Rules and norms of labor protection;

Means of computer technology, communications and communications;

Rules for industrial sanitation and fire safety;

Requirements for the quality of work (services) performed, for the rational organization of labor in the workplace.

1.6. During the period of temporary absence of the Employee, his duties are assigned to _____________________.

2. JOB RESPONSIBILITIES

Job Responsibilities Employee:

2.1. Develops or takes part in the development of legal documents.

2.2. Provides methodological guidance for legal work at the enterprise.

2.3. Provides legal assistance to structural units and public organizations in the preparation and execution of various kinds of legal documents.

2.4. Participates in the preparation of substantiated responses to the rejection of claims.

2.5. Prepares, together with other divisions of the enterprise, materials on theft, waste, shortages, production of low-quality, non-standard and incomplete products, violation of environmental legislation and other offenses for submission to the arbitration court, investigative and judicial authorities.

2.6. Carries out accounting and storage of court and arbitration cases that are in production and completed by execution.

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

2.8. Carries out the 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 proposals for eliminating the identified shortcomings and improving the economic and financial activities of the enterprise.

2.9. In accordance with the established procedure, draws up materials on the involvement of employees in disciplinary and liability.

2.10. He takes part in the work on the conclusion of business contracts, their legal examination, the development of the terms of collective agreements and industry tariff agreements, as well as in considering issues of receivables and payables.

2.11. Controls the timeliness of submission by structural units of references, calculations, explanations and other materials for the preparation of responses to claims.

2.12. Prepares, jointly with other departments, proposals for changing existing or canceling orders that have become invalid and other regulations issued by the enterprise.

2.13. Conducts work on the systematic accounting and storage of existing legislative acts, makes notes on their cancellation, changes and additions, prepares reference documentation based on the use of modern information technologies and computing tools.

2.14. Participates in the preparation of opinions on legal matters arising in the activities of the enterprise, draft regulations submitted for review.

2.15. Carries out informing the employees of the enterprise about the current legislation and changes in it, familiarizing the officials of the enterprise with the regulatory legal acts relating to their activities.

2.16. Advises employees of the enterprise on organizational, legal and other legal issues, prepares opinions, assists in the preparation of documents and acts of a property-legal nature.

2.17. Carries out legal expertise of contracts, agreements, other documentation.

2.18. Takes part in negotiations, develops draft contracts and annexes to them, agreements, protocols and other documentation in the course of the Employer's activities.

2.19. Develops founding documents The employer makes changes to the constituent documents.

2.20. Selects normative legal acts necessary for the implementation of functions and responsibilities structural divisions and individual workers Employer.

2.21. Checks the documents submitted for signature to the Head of the Employer for compliance with the current legislation of the Russian Federation.

2.22. Develops local regulations Employer.

2.23. Conducts claims work on the claims of third parties to the Employer, and also represents the Employer in courts, acting as a representative of the plaintiff, defendant, applicant, prepares statements of claim, statements, complaints, petitions and other documents and materials for resolving the case in court.

2.24. Prepares applications, statements and other documents for obtaining licenses, permits and other documents necessary for the implementation of the activities of the Employer.

2.25. Provides written and oral advice to employees of the Employer on various legal issues, provides legal assistance in drafting legal documents.

2.26. ____________________________________________________.

3. RIGHTS OF THE EMPLOYEE

3.1. The employee has the right to:

Providing him with a job stipulated by an employment contract;

A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement;

Complete reliable information about working conditions and labor protection requirements at the workplace;

Vocational training, retraining and advanced training in the manner prescribed by Labor Code Russian Federation, other federal laws;

Obtaining materials and documents related to their activities, familiarization with the draft decisions of the Organization's management relating to its activities;

Interaction with other departments of the Employer to resolve operational issues of their professional activities;

Submit proposals on the issues of their activities for consideration by their immediate supervisor.

3.2. The Employee has the right to demand from the Employer assistance in the performance of his duties.

4. RESPONSIBILITY OF THE EMPLOYEE

4.1. The employee is responsible for:

4.1.1. 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.

4.1.2. Violation of safety regulations and labor protection instructions.

4.1.3. Failure to take measures to suppress the identified violations of safety regulations, fire safety and other rules that pose a threat to the activities of the Employer and his employees.

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

4.1.5. infliction material damage- in accordance with the current legislation of the Russian Federation.

5. WORKING CONDITIONS

5.1. The Employee's working hours are determined in accordance with the Rules of the Internal work schedule established by the employer.

5.2. In connection with the production need, the Employee is obliged to go on business trips (including local ones).

6. FINAL PROVISIONS

6.1. This job description was developed on the basis of the Qualification characteristics of the position "Legal adviser" (Qualification directory of positions of managers, specialists and other employees, section "General qualification characteristics positions of employees employed at enterprises, institutions and organizations", approved by the Decree of the Ministry of Labor and social development of the Russian Federation dated 21.08.1998 N 37). (details of other acts and documents)

6.2. Familiarization of the employee with this job description is carried out upon employment (before signing the employment contract). The fact of acquaintance of the employee with this job description is confirmed:

Handwritten on the familiarization sheet, which is an integral part of this manual;

In the journal of familiarization with job descriptions;

In a copy of the job description kept by the employer;

In a different way.

A legal adviser is a full-time employee of a 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 legal consultant 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. The duties of a 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. Equally important in formulating the tasks of a specialist is his qualification. 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 the maintenance of legal documentation is carried out using modern means of BT, 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, rules public utilities, the procedure for concluding relevant contracts and features of service.

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 divisions 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 staff member companies. 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 a legal adviser pension fund includes 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. Providing vehicle carried out by order of the head of the company.

A legal adviser is a specialist who regulates the legal aspects of the company's activities. To do this, he is engaged in the search and analysis of legally relevant information to give an opinion on various issues. The duties of a lawyer in an enterprise will depend on his specialization and the specifics of the company's activities. If a company provides leasing services and, suppose, the employee’s specialization is financial law, then his main labor function include:

• development of programs for the implementation of internal control of spending Money;
• control of the evaluation procedure financial risks and implementation of identification measures when establishing business relationships with customers;
• development and description of methods for monitoring the implementation of procedures to combat the financing of terrorism, etc.

The variety of legal problems facing the administration of each enterprise makes it necessary to hire different specialists in jurisprudence. The duties of a lawyer in production will differ significantly from those of his colleagues in the bank. Large companies have entire legal departments dealing with issues of compliance with the law in the process of functioning, protection of the rights and interests of the company, tracking and timely response to all changes in legislation. As part of such departments, narrow specialists are involved in resolving issues in various areas of law. Their narrow specialization allows them to solve complex issues, for example, the conclusion of real estate purchase and sale transactions involving minors.

Small firms are limited to one employee who understands different areas of law. In some cases, they do not have their own legal adviser at all, and on all emerging issues they consult under an agreement with a law firm.

Job description

The job description is a local document of the organization (Article 8 of the Labor Code of the Russian Federation), which specifies the tasks, obligations, rights, information about the responsibility of the employee. The job description of a lawyer of an organization is developed in accordance with professional standards or CAS. They establish the necessary set of knowledge, work experience and level of education of an employee for the implementation of a particular activity.

As of 2020, the professional standard for a legal adviser has not been approved. To develop the LNA, which regulates the activities of a lawyer, the CEN is used, approved by the Decree of the Ministry of Labor of August 21, 1998 No. 37.

The job description consists of several sections:

1. General provisions.
2. Main tasks and functions.
3. Responsibilities.
4. Rights.
5. A responsibility.

The text must fully and clearly define the tasks and functions that face the legal adviser. This will help the employee to form a correct idea of ​​their duties.

General provisions

If an employee works at all small organization, where only he and the manager are among the employees, this information can be omitted, and the duties of a lawyer at an individual entrepreneur are listed in employment contract. The law allows it. If a decision is made to make a job description, then in this section they write about subordination, the procedure for appointment to a position, about qualification requirements, which are established by the Qualification Directory for the positions of managers, specialists and other employees (approved by the Decree of the Ministry of Labor of August 21, 1998 No. 37).

• Category 3 - higher professional (legal) education without presenting requirements for work experience or secondary professional (legal) education and work experience in positions of at least 5 years;
• Category 2 - higher professional (legal) education and work experience as a legal adviser or other positions for at least 3 years;
• Category 1 - higher professional (legal) education and work experience as a category 2 legal adviser for at least 3 years.

• legislative acts regulating the production, economic and financial activities of the enterprise;
• regulatory legal documents, methodological and regulatory materials on legal activity enterprises;
• civil, labor, financial, administrative law;
• tax law;
• environmental legislation;
• the procedure for keeping records and reporting on the economic and financial activities of the enterprise;
• the procedure for concluding and formalizing 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;
• internal labor regulations;
• rules and regulations of labor protection and fire safety.

Targets and goals

They depend on specialization. In consulting firms, the emphasis in goals and objectives is on corporate law; in security firms, the main focus is administrative and criminal law. What are the responsibilities of a legal advisor small companies, determines the guidance on-line according to the situation. In general, the goals and objectives of a lawyer in an organization will be:

• in the methodological guide legal work at the enterprise;
• providing legal assistance to structural units in the preparation and execution of various legal documents;
• participation in the preparation of reasonable answers in case of rejection of claims, etc.

Responsibilities

This is directly the work for which the employee was hired, his direct professional duties. In general terms, the duties of a lawyer in a company are:

• to develop or participate in the development of documents of a legal nature;
• participation in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the organization's property;
• conducting the study, analysis and generalization of the results of consideration of claims, court and arbitration cases, the practice of concluding and executing economic contracts in order to develop proposals for eliminating the identified shortcomings and improving economic and financial activities;
• execution and approval of materials on bringing employees to disciplinary and material liability;
• taking part in the work on concluding business contracts, conducting their legal examination, developing the terms of collective agreements and industry tariff agreements, considering issues of receivables and payables;
• control over the timeliness of the provision by structural units of references, calculations, explanations and other materials for the preparation of responses to claims, etc.

Lawyer's rights

What is included in the duties of a lawyer in an organization directly affects his rights. Rights are what a lawyer has the right to do to fulfill his goals and objectives, for example:

• request and receive from structural units information, reference and other materials necessary to fulfill the duties stipulated by the job description;
• conduct independent correspondence with state, municipal and judicial authorities on legal issues;
• represent the enterprise in public authorities, other institutions and organizations on legal issues;
• give structural subdivisions and individual specialists binding instructions on legal issues;
• take measures upon detection of violations of the law at the enterprise and report these violations to the head of the enterprise in order to bring the perpetrators to justice;
• in agreement with the head of the enterprise, which is the responsibility of the lead legal adviser, to involve experts and specialists in the field of law for consultations, preparation of opinions, recommendations and proposals;
• approve documents management activities within its competence;
• submit proposals to management to improve their work and the work of the company;
• require management to create normal conditions for the implementation official duties and safety of all documents generated as a result of the company's activities;
• participate in the discussion of draft decisions of the organization's management;
• in agreement with the immediate supervisor, involve other employees in solving the tasks assigned to him;
• participate in the discussion of issues related to the duties performed;
• require the management of the organization to assist in the performance of official duties.

He needs all this in order to perform his work qualitatively, to be aware of all the affairs of the company and not to lose sight of anything.

A responsibility

As for all other employees, the duties of a legal adviser at an enterprise are responsible, which, depending on the severity of the misconduct, is divided into disciplinary, administrative, criminal and civil law. In general, the legal adviser is responsible for:

• for improper performance or non-performance of their official duties provided for by this job description - in the manner established by the current labor legislation of the Russian Federation;
• for offenses and crimes committed in the course of their activities - in the manner prescribed by the current administrative, criminal and civil legislation of the Russian Federation;
• for causing material damage - in the manner prescribed by the current labor legislation of the Russian Federation.

In a company with any form of ownership, the main task of an in-house lawyer is high-quality and prompt support of its activities for the timely identification, prevention and minimization of possible risks. Moreover, if the company is small and cannot afford to maintain a legal department in which each employee would specialize in their area of ​​law, a full-time lawyer should be free to navigate both labor, tax, and civil law.

That is why the duties assigned to a lawyer will largely depend on whether he is the only lawyer working in this company. In this case, it is advisable for a manager who does not want to keep a lot of lawyers on the staff, it is advisable from time to time to involve specialists working in law firms and specializing in narrow areas of law.

What should be the responsibility of a lawyer

Without the participation of a lawyer, no documents, both constituent and internal regulatory and organizational and administrative, should be developed. A lawyer must take part in the activities of the enterprise literally from the first days of its organization, participating in the process of registering a legal entity. Subsequently, with his participation, changes are made to the constituent documents.

The duties of a lawyer include providing the company with regulatory legal instruments regulating its activities, as well as maintaining and accounting for the bases of regulatory legal acts, tracking and making all current changes in legislation. He must check for compliance with legal norms all draft orders, instructions, regulations and other documents of a legal nature, which will then be signed by the head.

An important part of the duties of a lawyer is Contract work. The lawyer must choose the optimal form of contractual relations, develop draft contracts and check for compliance with the law those drafts that are submitted to the head of the contractor for signature. The lawyer also participates in resolving claims and disagreements, as well as in court hearings, including arbitration. He will have to prepare applications for permits and licenses, special permits for the company's activities. In addition, it will be in his competence to resolve issues on labor law: reception, translation and

The job description of a lawyer establishes labor relations. The document describes the types of employee responsibilities, functional duties, rights, rules of subordination, the procedure for employment and dismissal, requirements for experience, education.

The instruction is prepared by the head of the legal department. Approved by the CEO of the organization.

The template below can be used when compiling a job description for a lawyer manufacturing enterprise, trade organization, budget institution, legal assistant, legal adviser. A number of points may differ depending on the specifics of the company.

sample lawyer job description

I. General provisions

1. A lawyer belongs to the category of "specialists".

2. During the absence of a lawyer, his functional duties, responsibility, rights are assigned to another executive assigned in due course.

3. The appointment or dismissal of a lawyer is carried out by order CEO organizations.

4. A person who has higher education and at least two years of experience in a similar position.

5. 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, financial activities of the organization;
• fundamentals of labor organization, economics, production, management;
• systematization, accounting and storage of legal documentation using information technology;
• rules for registration, conclusion of contracts, tariff agreements;
• the basics of handling computer technology, communications;
• safety regulations, labor protection standards;
• rules for compiling documentation on the economic, financial activities of the organization.

7. A lawyer is guided in his activities by:

• internal labor regulations, other governing acts of the organization;
• this job description;
• orders, orders of the management of the organization;
• legislative acts of the Russian Federation;
• The charter of the organization.

II. Responsibilities of a lawyer

The lawyer has the following duties:

1. Checks the compliance of draft orders, instructions, regulations and other documents of a legal nature with the legislation.

2. Controls the stages of approval of draft documents by responsible employees.

3. Endorses draft documents.

4. Issues reasonable instructions to the responsible employees of the organization on making changes to the documents.

5. Develops constituent documents. Participates in registration legal entities, dealing with securities.

6. Makes changes to the constituent documents of the organization.

7. Processes claims against the organization from state bodies, counterparties, employees. Prepares answers to them, creates draft decisions to satisfy requests or to refuse them.

8. Prepares, sends claims to contractors. Controls the course and results of their consideration.

9. Creates draft contracts, checks their compliance with the law.

10. Notarizes the established types of contracts or conducts their state registration.

11. Prepares documents for obtaining licenses, permits that are necessary for the conduct of 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 statements of claim claims against the organization.

15. Represents the interests of the organization in arbitration courts.

16. Checks the legality of dismissal, transfer of employees, imposition of penalties on them.

17. Represents the interests of the organization during inspections by control and supervisory authorities. Establishes the validity, correctness of the conclusions of the auditors, the correctness of the execution of the results of the audits.

18. Participates in the development of documents that relate to ensuring the safety of the organization's property.

19. Advises employees of the organization on legal issues. Provides legal assistance in drafting legal documents.

III. Rights

The lawyer has the right:

1. Require the management of the organization to create normal conditions for the performance of their duties, safety material assets, documents.

2. Notify the immediate supervisor of the identified shortcomings in the activities of the organization. Put forward proposals for their elimination.

3. To put forward proposals to the management to improve their work and the activities of the organization.

4. Make independent decisions within their competence.

5. Not to exercise their powers in the event of a danger to life or health.

6. Receive information about the 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. Receive the necessary information to perform their job duties.

10. Communicate with employees of structural divisions of the organization on work issues.

11. Sign documents within their competence.

12. Contact specialists on issues that are beyond the competence of a lawyer.

IV. A responsibility

The lawyer is responsible for:

1. Violation of the norms of etiquette, business communication.

2. Violation of the requirements of the governing documents of the organization.

3. Illegal handling of personal information of employees, trade secrets, disclosure of confidential information.

4. Unauthorized representation of the interests of the organization by management

5. Consequences of independent actions, decisions.

7. The quality of reporting documentation.

8. Causing damage to the organization, its employees, counterparties, the state.

9. Improper performance their functional responsibilities.

10. Violation of the internal labor regulations, provisions of labor discipline, safety standards, fire protection.