The legal adviser is a permanent consultant at any enterprise on practical legal issues. He also acts as a company representative in court. The fundamental document for the implementation of such activities is the job description of a lawyer. It contains provisions defining the duties, responsibilities and rights of the consultant. Often, he himself is also involved in the preparation of such a document. Next, we consider in more detail those provisions that include the job description of a lawyer. A sample document will allow enterprise managers to more clearly represent the tasks of a consultant.
Specialty Features
Before the job description of the lawyer of the institution will be described, it should be noted a number of advantages that distinguish this profession. A person engaged in legal advisory activities has the following qualities:
- High level of conceptual thinking. A specialist is able to master various scientific terms, understand and explain them.
- Logical and analytical thinking.
- High rates of long-term memory.
- Well-developed stability of concentration and attention. The specialist can focus for a long period of time on any one issue.
- The ability to convince.
- Propensity for research.
- Verbal ability.
- Communication skills.
- High level of deductive thinking.
- Organization.
- Accuracy.
- Self-confidence.
- Erudition.
- Business acumen.
- Energy.
- Honesty and decency.
- A responsibility.
- Developed intuition.
- Emotional and mental stability.
- Perseverance.
- Principle.
- The ability to recover quickly.
- Operability.
Job description of the lawyer of the enterprise: general provisions
The first part of this document must indicate the requirements that apply to the employee. Depending on the legal form, the characteristics of the consultant are determined. So, the job description of a lawyer in an LLC may contain requirements for the experience of a specialist. For example, to perform duties, the consultant should have at least five years of experience in this field. Requirements for seniority may be presented to future heads of advisory departments. This happens if the company has several branches located in different cities or even regions. The job description of the chief lawyer may contain more stringent requirements for work experience.
Necessary knowledge
The job description of a lawyer contains a part devoted to the information that a specialist should possess. The list of information will depend on the breadth of authority of the consultant. So, job description assistant lawyer contains fewer requirements than the head of the advisory department. Nevertheless, it is possible to determine the general knowledge necessary for a specialist. They relate to:
- Methodological and regulatory materials governing the production (economic) activities of the enterprise.
- Features of the structure, specialization and profile of the company. For example, if the job description of a lawyer of housing and communal services is drawn up, then the specialist needs to know the specifics of the housing and communal services, the main directions of its activities, problems that arise most often and so on.
- Tax, labor, administrative, entrepreneurial, civil legislation.
- Fundamentals of arbitration, civil and criminal procedure law.
- Office paperwork standards for legal documentation.
- Structures of state, local and judicial bodies.
- The systematization, maintenance and recording of legal documentation.
- Ethics of business communication.
- Fundamentals of Administration.
- Norms and rules of labor protection.
- Organization and economics of production, management and work.
- Fundamentals of the Labor Code.
Important points
Appointment to the post, as well as dismissal from it, is carried out on the basis of the order of the head of the company. The specialist is subordinate to the immediate superior. In the period of absence of a lawyer at the enterprise due to illness, vacation or business trip, his duties are performed by a specialist appointed in the prescribed manner. This employee receives the appropriate rights. He is also responsible for the improper implementation of the requirements contained in the job description of a lawyer in the organization.
Field of activity
The job description of a lawyer contains a list of professional duties of a specialist. These include, in particular:
- Development of constituent documentation and amending it.
- Securing registration of securities issues.
- Coordination of the maintenance of the register of shareholders.
- Determination of the legal basis of the enterprise units In particular, we are talking about the development of provisions on the general meeting, the board, the board of directors, audit commissions and so on.
- Coordination of transactions with company shares.
- Drafting provisions on transactions related to the disposal or acquisition of property.
- Determination of the legal basis for the company's dividend policy and its coordination.
Organization and support
The job description of a lawyer provides for the specialist the following tasks:
- Providing the company with normative acts, laws necessary for the implementation of normal activities.
- Organization of work on maintaining and accounting the base of regulatory documentation.
- Providing company divisions and individual employees with legal acts necessary for them to fulfill their professional duties.
- Checking orders, regulations, projects, instructions and other documents that are submitted for signature to the head of the enterprise for compliance with the law. Supervision of compliance with the stages of their coordination with responsible employees. Sighting and issuing instructions on the cancellation or amendment of acts that arose in connection with amendments to the legislation.
Work with contracts
The job description of a lawyer requires a specialist:
- Define the form of contractual relations.
- Develop draft agreements.
- Check compliance of contracts provided by counterparties with legislation.
- Provide notarization or state registration of certain types of agreements.
- To analyze the contractual activity of the enterprise, to develop programs for its change and revision, to check the status of this work in structural divisions.
Claim activity
The job description of a lawyer provides for consideration of appeals of counterparties. In particular, the specialist provides the following services:
- Carries out the accounting of claims, considers them.
- Prepares answers to incoming appeals, develops draft decisions on rejection or satisfaction.
- Prepares claims against contractors, sends them to the addressees, monitors their satisfaction.
Work with claims
The lawyer at the enterprise must take measures to comply with the pre-trial procedure for the settlement of disputes under contracts. The specialist also prepares materials and claims for transfer to court. His responsibilities include examining applications for company communications. The lawyer acts as a representative of the company in the arbitration court.
Other duties
The lawyer of the enterprise prepares applications, applications and other papers for obtaining permits, licenses necessary for the functioning of the company. The specialist is involved in the development of documentation related to the safety of the property of the company. This may be a liability agreement, instructions defining the procedure for the adoption of values and accounting for their movement, release and release of manufactured products, and so on. The consultant's duties include checking the lawfulness of the transfer and dismissal of employees, as well as imposing disciplinary sanctions on them in case of any offenses.
The lawyer represents in state bodies authorized to consider cases of administrative violations that have been identified at the enterprise. He develops and sends complaints about the actions of supervisory structures and their employees in connection with the unlawful imposition of administrative penalties on the company. A lawyer represents the interests of the organization in the course of inspections conducted by control bodies to ensure that they comply with the established procedure. It also controls the correctness and validity of the conclusions of the inspectors, the execution of procedures and the preparation of relevant documents. In addition, the duties of a lawyer include advising company employees on legal issues, as well as providing assistance in the process of drafting legal documents.
Specialist Rights
The lawyer in the organization has the right:
- Send requests and receive from the structural divisions, branches and other departments of the company the information necessary for the performance of professional duties.
- Conduct independent correspondence with judicial, municipal and state authorities on legal issues.
- Represent the company in various bodies in the prescribed manner.
- Take appropriate action when detecting abuses in the company.
- To attract specialists and experts in agreement with the head to prepare proposals, recommendations, conclusions and legal advice.
- To get acquainted with the documentation that defines the duties, the rights to the position held, responsibility for violations, as well as the criteria in accordance with which the quality of professional activity will be assessed.
- Require the authorities to provide a full organizational and technical base and properly prepare the documentation necessary for the performance of duties.
- Submit to the head of the proposal proposals for improving the work related to the responsibilities that are defined in the job description.
Consider what the job description of a lawyer (sample) looks like.
A responsibility
The lawyer of the enterprise must clearly comply with the requirements prescribed in his job description. The specialist will be responsible for:
- Failure or improper performance of their duties.
- Offenses to be committed by him in the process professional activity at the enterprise within the framework of the current civil, criminal, administrative legislation.
- Causing material damage to the company to the extent specified in the Civil Code and the Labor Code.