The legal adviser is ... The official instruction of the legal adviser
The very first mention of this professionis found in the documents of Ancient Rome. However, people who were then engaged in this work, it was customary to call "patrons". If such a person worked in the modern world, then he performed two functions at once: a lawyer and a legal adviser. The legal adviser, or juris-consultus, in Latin means "law expert".
Only by the twentieth century the institution of the legal adviser in the modern form was finally formed. Specialty "lawyer-lawyer" is very popular and prestigious, as well as highly paid.
Profession of legal adviser now
In the modern world, a legal adviser is an employeelegal department of the organization. Legal advisers work in state and financial institutions, commercial firms, insurance companies and so on. The legal counsel's duties include legal assistance, monitoring of the implementation of legislation (both by the organization in which it works and in relation to it), drawing up claims, assisting in the writing of agreements and contracts.
Do I need a legal profession?
The legal adviser is quite commona profession in the modern world, because for quite a long time people of this profession were in high demand from companies. The sphere of this activity has always needed and will need good specialists, although higher education institutions continue to produce a huge number of people in this profession. But there are still companies that continue to require good legal advisers.
A legal adviser is a person who must necessarily graduate from this specialty, since with an average special education it is impossible to effectively perform one's duties.
What kind of person should this profession be?
The duties of the legal adviser assume excellentthe ability to establish contacts. The main task of the legal adviser is to convince and prove the necessary point of view. Therefore, his speech should be literate, clear, logical. Successful professionals in this field have a business grasp, good intuition, psychological stability, responsibility, erudition, perseverance, objectivity.
This profession has no gender distribution. It can be successfully owned by both men and women.
Thus, the legal adviser should be:
- Able to "hold a blow."
- Psychologically stable.
Is the profession of legal advisor difficult?
This professional activity refers tomental labor. For a person, good attention, memory, the activity of sensory systems, thinking is very important. Legal advisers are usually very erudite, inquisitive, rational, have an analytical mindset.
The first step in the career of the person who chosethis direction is an assistant to a lawyer, this post can also be obtained by a student of a senior course at a profile university. The next step is a legal adviser, then - a senior legal adviser. Then - the leading legal adviser, and after it - the general legal adviser.
But quite often people of this profession discoverprivate legal advice, notary offices. Many legal advisers believe that they have many opportunities to climb up the career ladder. Having set such a goal, an ordinary specialist may well occupy a higher position.
Job description of the legal adviser
Usually a person who has a higher education in the field of jurisprudence and a minimum length of service in the field of 1-2 years can appoint this position.
A legal adviser may be appointed to his position and be released from it in accordance with the established procedure, according to the Labor Code, by the order of the director of the institution.
Duties and tasks of the legal adviser
The main task of the legal adviser is to control the implementation of laws, as well as regulations and other documents in the company.
He can take part in writing contracts and contracts.
The legal adviser is obliged to represent the interests of the firm incourt, also in arbitration court and in state, public organizations, when legal issues are being considered. Must conduct litigation and arbitration cases.
Its functions include the legalexamination of instructions, projects, regulations, orders, standards and other legal acts. He must put visas on documents, take measures to abolish the legal acts of the firm or make changes to them if they were issued in violation of the law.
The lawyer regulates social and labor relations at theenterprise, strengthens labor discipline. Takes part in the implementation and development of measures to strengthen discipline (labor, contractual and financial), ensures the safety of the company's property.
This specialist must prepare the necessaryconclusions on the involvement of employees of the enterprise to account (material and disciplinary). He takes part in the consideration of materials on accounts receivable, the purpose of which is the discovery of debts. Prepares conclusions on offers to write off bad debts, controls the certification process of products manufactured at the enterprise in accordance with the existing legislation.
A legal adviser is a person who musttake various measures to ensure that persons holding office in the enterprise, the requirements of existing legislation. He is also obliged to deal with systematic accounting, storage, introduction of adopted changes to the regulatory and legislative acts that were received by the enterprise, and those that were issued by its head. Should provide access to them people using modern technology. Obliged to provide legal assistance to public organizations of the enterprise, as well as to conduct consultations of employees on legal issues.
The job description of the legal adviser also includes familiarization with the instructions, regulations of the firm's employees.
The knowledge necessary for the legal adviser
- The Constitution of the State, orders of the President, decrees of the Duma, the Cabinet of Ministers and other normative legal acts.
- Administrative, international, labor, state, financial law.
- Existing order of registration and drawing up of contracts.
- Must be well acquainted with the basics of the economy, the organization of work and management.
- The legal adviser must be well versed in the basics of public administration, finance, credit, labor market.
Rights of the legal adviser
- To carry out legal due diligence, the legal adviser should be able to access the necessary information of the firm.
- Workers should provide explanations on issues of interest to the legal adviser that arose during the audit.
- Give instructions to staff to prepare for verification.
- The Legal Counsel monitors the execution of planned tasks and assignments.
- Has the right to request and obtain the necessary documents and materials that are relevant to the activities of the legal adviser.
- Represent the interests of your company.
- Interact with units of outside organizations in order to resolve the necessary issues affecting the competence of the legal adviser.
Liability of the legal adviser
- The legal adviser must necessarily be held responsible for failing to fulfill his duties.
- For committed offenses during the work.
- For causing material losses to the enterprise.
- If he could not ensure the performance of his duties.
- The Legal Counsel is responsible for non-fulfillment of the orders and orders of the director of the firm.
The instruction of the legal adviser is rathera large document, regulating all the actions of an employee in this position of a person. But meanwhile, many people successfully cope with these duties, achieving considerable success.
Of course, a legal adviser is a job that requireslarge forces and investments, but it has its pluses. One of the advantages is the high demand and good pay. This work is also calmer and does not carry such a danger as the work of an investigator or a lawyer. The legal adviser can often go on business trips to other cities or at work, for these trips a business car can be given to him.
The downside is a great responsibility, constant work with a huge number of different documents.</ p>>