Any services provided by the customer to the contractor must be fixed in writing. This is necessary to legalize the relationship between the parties to the tax authorities and the possibility of subsequent resolution of conflict situations in court. In legal practice, two special forms of documents are used - a contract and a contract for the provision of services for a fee. Important differences between them are the reason for the classification of the types of work performed by the contractor, to which one or another sample contract is applicable.
How to distinguish
Both documents under consideration represent a fixation of the obligations of the parties, namely: the execution by the contractor of some work on the instructions of the customer for a fee. However, there are significant differences of a conceptual nature.
A work contract is concluded in cases of performance of work for which there is a result. In addition, the customer must reimburse the costs incurred by the contractor in the course of the service. Classical examples of work under such an agreement are the following: geodetic measurements, geological developments, construction of buildings and structures, production of products, processing of materials. As a confirmation of their implementation, the customer is provided with physical objects that can be felt, measured, evaluated.
If the contractor’s obligations under the contract are fixed by the list of works, but do not provide for the presentation of the result (these include medical, information, marketing services), then they are drawn up with a contract for the provision of services for compensation. Such a document is gaining popularity over the years, since market relations are being transferred to the service sector in almost all sectors of life.
The onerous provision of services to legal entities and citizens is also characterized by the immaterial nature of the outcome of the cooperation.
Introduction to the concept
Legal support is required by companies and individuals. The interaction of the parties is carried out in the form of information, consulting and representative support of the customer by the contractor for a period of time.
The concept of onerous provision of legal services includes such works:
- Consultations of oral and written nature.
- Help with paperwork.
- Legal support of the business entity.
- Representation of the customer’s interests in state bodies - opening and closing of companies, lawsuits, negotiations with third parties.
- Preparation of documents for real estate transactions.
- Work with receivables and control over the activities of bailiffs.
The obligatory part of the contract for the provision of legal services is the section on the cost of work. In the absence of such an assessment of the actions performed by the performer when the parties appeal to the court shall be in accordance with the existing practice in similar cases. The subject of contracts is always a specific list of legal services provided by the contractor, and fixing obligations to pay for these works by the customer.
Features
The contract for the provision of services in legal services has the specifics of the described subject:
- the result is not real;
- the work is consumed by the customer during their period;
- fulfilled obligations are considered after the parties have signed the acceptance certificate;
- bookkeeping is necessary to have confirmation of the fact of the executed agreements.
In this regard, the signatories of any contract must record their actions with the following mutual documents:
- Contract for the provision of legal services.
- Act on the acceptance of work.
- Invoice.
- Documents about payment.
It is possible to include other documents confirming any actions of the parties towards the execution of the parts of the agreement, but only as additional information materials that clarify the specifics of the actions taken.
Key points of the contract
Like any other document establishing legal relations, the contract for the provision of services (legal services) contains mandatory sections. Their presence is determined by the features of the work and the details that can affect the occurrence and resolution of conflicts. The individual elements of such an agreement are extremely important, because their absence will lead to the insignificance of the entire contract.
Typical sections:
- Description of the positions of the parties: who is the customer and who is the performer.
- The essence of the contract: a description of the services and obligations of one party to fulfill, and the other to pay for them.
- The total cost of work and the scheme of mutual settlements.
- Responsibility of each party for violation of contractual obligations.
- Dispute Resolution Procedure.
- The scope of the contract and the peculiarities of making changes and amendments to it.
- The list of appendices to the document, if necessary.
- Legal details of each party.
- Signatures.
The classic contract for the provision of legal services (sample) contains the above sections without fail. But the list can be expanded adequately to the specifics of the subject of the agreement.
For example, a section may be included on the types and timing of submission of interim reporting, on the work performed by the contractor at specific intervals.
Who is the performer?
For a more detailed description of the subject of the contract, applied law provides for a wide range of documents, each of which has its own characteristics and is used to solve its specific problems.
This approach is due to such a legal characteristic of the contract for the provision of services, such as an agreement between the parties on the performance of work that does not have a tangible result. A contract of this kind may be a civil law form of cooperation, or be a guarantee. In practice, professional legal services are provided by both law firms and private practitioners. At the same time, any citizen or business entity seeks legal support. Thus, the parties to the contract for the provision of legal services are both individuals and legal entities.
Artist Details
A feature of paid legal aid is the fact that it is considered as entrepreneurial activity, if it is a regular source of income for an individual engaged in it. In this case, the contractor may have problems with the law. Any unregistered entrepreneurial activity is punishable.
Thus, in the presence of constant private legal practice, the lawyer needs to draw up an IP, on behalf of which services will be provided to individuals and companies. If the work performed is one-time and does not constitute a constant source of income, then it is not necessary to create an IP.
Then all existing practice can be carried out using such forms of contracts:
- Bail, where the contractor is an “attorney” and performs on behalf of and at the expense of the customer certain actions for a fee.
- Commission - transactions on the account and in the interests of the customer on a reimbursable basis.
- Agent - services are provided for the principal and at his expense, on behalf of any party.
- Contract for the provision of legal services to individuals - on behalf of the customer, the contractor performs the necessary work for a fee.
- Contracting - one side performs certain actions that have a result, for the other, which pays for them.
However, far from all of the options listed are widely used. Since most of the contracts have standard conditions, it is worth exploring the most used of the proposed forms.
Recommendations for use
The practice of court hearings does not leave many options when choosing the type of contract in situations of interaction between the parties on issues of legal services.
Two forms are unconditionally approved:
- Contract for the provision of services (legal services).
- Assignment agreement.
A contract for the provision of paid services between legal entities is the most common form of interaction, and not only in the field of law.
If the contract is concluded by individuals, then the second version of the document is preferable. In it, the lawyer is called the attorney, and the party ordering the services is called the principal. As a mandatory annex to the agreement, the lawyer should have a notarized power of attorney from his client for the right to represent his interests in the areas specified by the contract.
However, the legislation provides certain requirements for this representative of the principal:
- Obligatory presence of a legal education in administrative proceedings.
- The status of a lawyer in criminal proceedings.
These conditions guarantee the quality of representation of the principal's interests in the judicial system.
Key points of the document
The list of the main sections of the guarantee agreement on legal services, where the parties are individuals, takes into account the important points of equal interaction. It also regulates the procedure for resolving conflict situations.
List of sections:
- Name of the document (“contract-order for the commission of legal actions”), date and place of signing.
- Definition of parties: name of principal and attorney.
- Subject part: (description of transactions and works in the interests of the principal; assignment to the other party of the rights and obligations for these works; announcement of the situation of transfer of authority under the contract, if necessary).
- Obligations of the parties (exchange of necessary documents, provision of notarized authority, reporting, payment of costs and work performed).
- The cost of services, form of payment and the timing of the contract.
- Grounds, details and cases of termination of the contract. Regulation of actions of participants in case of unilateral termination of the agreement (compensation of losses, suspension of powers of attorney, reverse exchange of documents). Ways to resolve disputes.
- Other conditions (force majeure circumstances, regulation of the number of copies of the contract, description of the annexes to it).
- Details of the parties (passport data).
The described surety form can also be applied in situations of rendering services on a reimbursable basis to legal entities.
Contract with an economic entity
If the customer is a company, then two types of interaction between the parties are possible:
- The Contractor is a registered business entity or individual entrepreneur;
- Legal support is provided by an individual.
Provision of services to legal entities is a form of cooperation when one company performs certain actions for another for a fee. The form of the document consists of the usual sections that are present in any type sample.
More interesting is the second option, where the performer is an individual. In judicial practice, such agreements are recommended to be in the form of a contract-mandate.The list of sections of the document is also standard for such a contract: the principal entrusts the attorney with the execution of legal actions, which he undertakes to pay, and for which, upon completion of them, he has rights and obligations. A specific section can only be one that describes the form of settlement. After all, if the attorney is an ordinary citizen, then the obligation to pay personal income tax with a rate of 13%, which is withheld from his income, rests with the client.
Thus, a contract for the provision of services with a legal entity can be a very convenient form of cooperation for a lawyer who does not have the status of an entrepreneur. This form of employment for lawyers is extremely popular and allows you to have more than one source of income.
When do you need lawyers
The problems of the contract for the provision of legal services for legal aid do not lose relevance, as it is used by private individuals and companies in everyday practice. The need for legal support is growing every year due to both constant changes in the legislation and due to increased supervision of various services over the activities of private companies and citizens. Since it is difficult for an ordinary person to navigate the flow of news about changes in government acts, he seeks the help of specialists.
The main reasons for applying:
- divorces;
- inheritance;
- sales transactions;
- legal support for entrepreneurship;
- drawing up claims, complaints, claims, requirements;
- resolving debt recovery issues;
- litigation;
- collection of documents for insurance companies.
Legal aid specializes in sections. This helps legal entities to quickly navigate the type of support they need: notaries, law guilds, business law, translation agencies, and others.
Before receiving legal support, you must first sign an agreement with the contractor.
The contract for the provision of paid services between legal entities ensures the transparency of transactions and the right to uphold disputes regarding the quality of the services rendered to them in arbitration courts.
Summarize
Citizens and organizations use legal support services in everyday practice. Transactions in their interests may be performed by registered entrepreneurs, companies or individuals.
To consolidate the obligations between the parties it is necessary to use certain documents, the meaning of which corresponds to the type of cooperation.
For legal services, the onerous provision of services is the most acceptable form of contract if cooperation between business entities is recorded or if an individual acts as a customer.
In cases where it is necessary to consolidate the relations of the parties where the performer is an individual, or both parties are such, it is recommended to use the form of the contract-assignment.
Written registration of agreements can be made using the sample document of the required form, which will include the obligations of the participants in the transaction achieved during negotiations.