The legislation of the Russian Federation gives Russian lawyers the opportunity to organize their work in several forms of professional activity. What types of institutions can we talk about? What are the criteria for choosing those that are optimal from the point of view of career prospects for an attorney?
The essence of advocacy
Before studying the various forms of lawyer formations established in the Russian Federation, let us first consider what constitutes the corresponding type of activity of lawyers. Its definition is given in special normative acts. In accordance with the provisions that are fixed in them, advocacy should be understood as the qualified assistance of a professional lawyer who is provided by persons who have the status of a lawyer in the manner prescribed by federal laws. The beneficiaries of this assistance may be physical and legal persons, who by law are trustees.
Forms of lawyer formations in the Russian Federation are fixed at the level of federal legislation. Consider them.
What forms of activity of lawyers are stipulated by the legislation of the Russian Federation?
The main forms of lawyer formations provided for by the legislation of the Russian Federation are presented in the following spectrum:
- the Bureau;
An advocate has the right to choose any of the marked forms of activity, as well as his place of work, provided that he meets certain requirements for experience and qualification. However, he must notify the special body - the council of the Bar Association - of his choice in accordance with the procedure established by federal legislation. It should be noted that in some cases provided by law, advocacy can be conducted only in the form of legal advice. But this rule applies only to certain categories of legal relations.
Let's study the specifics of each of the considered types of legal activity in more detail.
A lawyer's office as a form of lawyer education can be established by a lawyer who has worked in the relevant direction of work for a period of 5 years or more and has decided to independently conduct his business. The lawyer must send a notice to the special body (council of the bar of advocates) by means of a registered letter on the formation of his own cabinet. This document specifies information about the founder of the cabinet, his address, contact details, as well as the procedure for maintaining communication between the lawyer and the council of the chamber.
It can be noted that the lawyer's office, as a form of lawyer education, is not considered from the point of view of the legislation of the Russian Federation as a legal entity. But its founder opens settlement accounts in credit and financial organizations, produces seals, stamps, special forms with contact information about the office.
Agreements on rendering legal services are concluded between the founder of the cabinet and his client, and also are registered in the framework of the document circulation in the relevant institution. A lawyer working in the format in question does not necessarily need to rent an office. He can provide his services in his apartment, in rented living quarters or those that belong to his family members.
Collegium of Advocates
The Bar Association is a form of lawyer formations, which can be established by 2 or more lawyers. Each of them must have experience in the relevant field of activity, which is 5 years or more.
Unlike the cabinet, the institution in question is legally regarded as an NGO in terms of legislation. Its activities are carried out on the basis of the charter, which is accepted by the founders of the college. Another important constituent document of this form of lawyer formations is an agreement between the founders of the organization.
The founders of the board may be lawyers, data on which are present in the general regional register. Property that is transferred to the firm as deposits is considered its property. Lawyers who established the board are not liable for the obligations of this organization, nor vice versa - the relevant entity is not liable for the activities of the founders.
The organization in question has the status of a tax agent for lawyers who are members of this professional association. She also makes settlements with their principals, third parties, facilitates the solution of other working issues to partners. On changes in the staff structure, the board should send notices to the bar.
Despite the fact that the collegium's lawyers form a general professional association, the legislation of the Russian Federation guarantees their right to carry out their activities independently of colleagues. Therefore, when deciding the question of what form of lawyer education to choose for conducting work, many specialists choose the college because of the marked advantage.
It will be useful to study in more detail the specifics of the constituent documents of the relevant lawyer education - the treaty and the charter.
Memorandum of Association and the articles of association of the Bar Association: the nuances of drawing up
So, the establishment of the Bar as a form of lawyer formations requires the compilation of two most important documents - a treaty and a charter. The first source reflects:
- conditions for the formation of the organization's property on the basis of the collegium transferred from the founders;
- the procedure for the participation of lawyers in the activities of the organization;
- the procedure for admission to the college of other specialists;
- rights and obligations of partners within the organization;
- the procedure for the founders and other participants of joint activities to leave the college.
The articles of association of the lawyer association under consideration record:
- name of the institution;
- the address of the collegium;
- subject, purpose of the organization;
- sources of formation of the property of the institution, as well as ways to use it;
- regulations governing the activities of the board;
- data on the branches of the organization - if available;
- regulation of reorganization, as well as liquidation of the institution;
- the procedure for making adjustments to the charter;
- other provisions that do not contradict the federal legislation of the Russian Federation.
Those provisions, which are reflected in the memorandum of association and the charter of the collegium, are binding for implementation by partners who founded the corresponding organization. Now we will study in more detail the procedure for registration of the professional association of lawyers under consideration.
Registration of the Bar: nuances
Lawyers colleges as forms of lawyer formations are registered, like any other legal entity, in the Federal Tax Service. For this purpose, a set of documents is provided to the Federal Tax Service in accordance with the legislation. The corresponding association must maintain its own balance sheet, use settlement accounts in credit and financial organizations, apply a seal, special forms.
Information on the registered bar, as in the case with the cabinet, is sent by registered letter to the council of the Chamber. Also, this body should be notified of the reorganization and liquidation of the relevant association. The notice sent to the Chamber Council should include information about the founders of the organization, the address of the collegium, contact details of the institution, and the procedure for establishing a connection between it and the council of the chamber. Copies of the contract and the articles of association drawn up for the purpose of establishing the collegium shall be attached to the document sent to the relevant body. They must be notarized.
It will also be useful to consider how the branches of the bar associations are established.
Establishment of branches of bar associations: nuances
So, the corresponding form of legal activity allows the establishment of partners of branches branches throughout the territory of Russia, as well as abroad, if it is allowed from the point of view of the legislation of another state. The fact that the organization has opened or closed this or that branch, should be notified:
- Council of the Chamber of the subject of the Russian Federation, on the territory of which the main office of the institution is open;
- Council of the Chamber of the region, in which the branch of the organization is opened.
The relevant notice reflects information about the lawyers who organized the partnership, the address of the branch, its contacts, the procedure for communication between this department, the board and the councils of the chamber. The document should be accompanied by copies of the decision of the institution to establish a branch, as well as provisions on the structural division of the college.
Those lawyers who work in the branch are simultaneously considered members of the collegium that established it. Information about them is recorded in the regional registry of the RF subject, in which the relevant structural unit of the law firm is open. Data on lawyers who work in foreign branches of the college are recorded in the regional register of the RF subject in which the main office of the organization is registered.
Consider other forms of lawyer formations provided for by the legislation of the Russian Federation. Law Office - among them.
The type of legal organizations considered, as well as colleges, are established by two or more specialists. It can be noted that the activity of the bureau as a form of the RF legal profession in key aspects is regulated by the same provisions of the RF legislation as the work of the colleges - unless otherwise stipulated by separate norms of the legislation. In addition, the transformation of the bureau into a collegium is permitted in the manner established in separate rules of law.
The work of the lawyers' associations under consideration is carried out on the basis of a conclusion between the founders of the agreement in a simple written form. In accordance with it, lawyers join their efforts to provide legal support to citizens and organizations on behalf of all specialists within the bureau.
It can be noted that a partnership agreement between lawyers in this case should not be registered with the Federal Tax Service. Let's study the features of its compilation in more detail.
Partnership agreement with law offices: what are its features?
The contract in question contains conditions that define:
- the term of the agreement;
- the procedure for making various decisions by partners;
- the procedure for selecting a managing partner, as well as a list of its competencies;
- other important conditions for the interaction of partners.
The agreement may be terminated due to:
- expiry of the contract;
- cancellation of the status of an attorney from one of the partners, if this circumstance is not taken into account in the provisions of the contract;
- the desire of any of the founders of the bureau to terminate the contract.
If the partnership agreement between lawyers is terminated, then they can conclude a new one. But if they do not do this within 3 months after the cancellation of the first agreement, the bureau should be transformed into a college or liquidated. Before the organization changes its status or until the conclusion of a new agreement, lawyers have no right to carry out activities related to the provision of legal support to citizens and organizations.
After the respective agreement has been terminated, all its participants will have the status of persons bearing joint and several liability for those obligations that arose in the course of the work and were not executed. The lawyer who withdrew from the contract is also responsible for the existing obligations.
All documents on the current proceedings of lawyers leaving the office must be transferred to the management partner. Consider its status in more detail.
Managing Partner at the Law Office
The managing partner in such a form of legal activity as a law office is primarily responsible for the conduct of common affairs. It can be noted that a different procedure for interaction of lawyers can be established by a partnership agreement. The agreement on providing legal support to a lawyer with a principal is concluded with the direct participation of the managing partner on the basis of a power of attorney. The relevant document reflects the core competencies of the person holding the position in question.
Other forms of lawyer formations provided for by the legislation of the Russian Federation are legal consultations. Let's study their specifics in more detail.
Legal advice as a form of lawyer education is established if in the territory of a certain judicial district the total number of lawyers in all types of legal associations is less than 2 per 1 federal judge. Organizes the relevant structure of the Chamber of Attorneys on the proposal of the competent executive authority.
Legal advice has the status of an NCO. The procedure for its establishment, reorganization, transformation and termination of activities is governed by the provisions of the Civil Code and other norms of federal legislation.
Let's consider what are the features of the representation of the state body on the establishment of legal advice.
Introduction about the establishment of legal advice: what are its features?
The document in question should contain the following information:
- about the judicial area in which the establishment of legal advice is expected;
- the number of judges in the area;
- the required number of lawyers in the relevant territory;
- on ensuring the activities of the organization being created.
This document is compiled by joint efforts of the authority and representatives of the bar. After all of its points are agreed, a legal consultation is established. The procedure for inviting lawyers to work in it is determined by the council of the bar of lawyers.
Choice of the form of advocacy for a lawyer
So, to forms of lawyer formations refer, if to follow positions of the federal legislation of the Russian Federation, 4 types of establishments. Which of them can a lawyer choose as the most optimal option from the perspective of his career prospects, gaining experience, solving problems within his professional activities?
The table of forms of lawyer formations in which we can visually reflect the features of each of them will help us to answer this question.
Form of advocacy
An advocate who has established a cabinet can fully build his work completely independently, build a career individually, develop cooperation with clients
All responsibility for the undertaken obligations is accepted by the lawyer
Lawyers who established the college are not responsible for the obligations of the relevant organization, they have an opportunity to exchange experience and competencies in the course of their professional activities
Lawyers who are members of the college, despite the legally guaranteed independence, still have to coordinate a significant amount of their actions with colleagues, do not have much opportunity to promote themselves in the market of legal services separately from the brand
Partnership of individuals
Lawyers who established the bureau have the opportunity to fully share their experience, but at the same time to conduct activities without coordinating actively with colleagues
Lawyers who established the bureau are jointly and severally liable for its obligations
Is for a lawyer a reliable employer in case of absence of own clients, allows you to establish contacts with colleagues, exchange experiences
Career growth of an attorney is possible mainly only within the organizational structure of legal advice, promotion of it in the market of legal services as an independent specialist is difficult
Which of the considered options is better to choose a lawyer? Probably, much depends primarily on his current work experience. The most demanding forms of lawyer formations are a lawyer's office, a bar association, a bureau. Their establishment, as we noted in the article, suggests that the lawyer has an experience of professional activity lasting 5 years or more.
Less demanding for the qualification of specialists forms of lawyer formations are, therefore, legal advice. They themselves can try themselves and less experienced novice lawyers. Undoubtedly, they can go to work in other types of associations, but whether they can immediately prove themselves on an equal footing with experienced founders is a big question.
The problems of creating forms of lawyer formations are reduced to other aspects of their establishment. In particular, they can be associated with the specifics of taxation of certain associations. In the event that this or that association is a legal entity, the principles of appearance of payment obligations to the state budget may differ greatly from those that characterize the activity of lawyers in the status of natural persons. There are many nuances here, and each of them must be examined by a lawyer, consulting with qualified experts in the field of taxation, with specialists from the Federal Tax Service.
So, we examined the main forms of lawyer formations envisaged by the legislation of the Russian Federation, and their general characteristics were also investigated by us. The corresponding associations are represented by 4 main varieties - offices, colleges, bureaus and consultations. We determined the advantages that certain forms of lawyer formations have, the comparative characteristics of which were examined by us in the table.
The main criterion for choosing one or another method of doing business for a lawyer may be a requirement for experience. Cabinet, board, bureau - the most serious legal profession. Forms of lawyer formations with less strict, as a rule, qualification requirements for lawyers - legal advice.
The next possible criterion for choosing a particular association is taxation. The forms of lawyer formations are those that suggest that the lawyer has the status of physical persons, and those that provide for the establishment of organizations. For those and others, specific taxation mechanisms are inherent.