An agreement on the provision of legal services can be drawn up by any person (large organization). From a legislative point of view, legal relations between the two parties are drawn up by mutual agreement. It is the agreement to the contract for the provision of legal services that is signed by both the contractor and the applicant. This document regulates mutual obligations and rights.
Features
The contract for the provision of legal services, a sample of which is shown in the photo, is either a civil law or contractual order.
By legal services it is customary to mean a substantial range of legal assistance provided to citizens. Lawyers, law firms, notaries, individual entrepreneurs specializing in legal assistance can provide it.
The contract for the provision of legal services makes it possible to fix in the legislative form the fact of the provision of qualified assistance, as well as its receipt. All conditions and distinctive features of such an agreement are indicated in the Civil Code of our country.
Interest in such a document is growing, so you need to have an idea of its distinctive features, circumstances of use.
Document Importance
The agreement on the provision of legal services involves the indication of various contentious issues: the timing, volume, result. This will allow the contractor to insure himself from the annoying client, and the customer himself to require the lawyer to properly fulfill the terms of the agreement.
What should a legal services agreement look like? A sample document is shown in the photo. Based on it, you can draw up a document in which all the nuances of the work of a lawyer will be noted. If the lawyer offers the client a 30-page document, which indicates a huge number of different conditions, this should be an alarm, raise doubts from a person who has applied for qualified legal assistance.
The subject matter of the agreement must be clearly stated in the document. An additional agreement on the provision of legal services is formed so that each party understands what its rights and obligations are.
Parties to the agreement
The parties to the contract are:
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legal aid contractor (legal entity, individual, individual entrepreneur);
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customer (individual or company).
The contractor is required to possess certain legal skills and knowledge, have the authority to carry out legal activities.
An agreement on the provision of legal services is most often concluded between a particular citizen and a private lawyer. The document reflects the actions that the contractor must take in accordance with the duties assigned to him.
Content and Form
An agreement on the provision of legal services is drawn up on a standard form held by the contractor. There is also the option of processing the document on a sample provided by the customer. Until its signing, negotiations are underway, during which each side has the right to clarify obligations and rights.
An agreement with a lawyer on the provision of legal services is drawn up so that its content is fully consistent with the interests of both parties to the agreement. This is important to consider.
What is included in the drafted document? The following items are included in the sample agreement for the provision of legal services by a lawyer:
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a description of the specific legal support provided by the contractor (subject);
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rights of both parties;
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mutual obligations;
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sequence of service provision;
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responsibility of participants;
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support cost;
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calculation algorithm;
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responsibility of the parties;
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dispute resolution option;
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grounds for termination of the document;
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Bank details
How to choose a legal services agreement? The sample is usually offered by the performer. At his disposal may be several options for contracts, the content of which depends on the specific situation. For example, a client enters into an agreement for a long time period, or he needs a one-time legal consultation.
Order agreement
This is a form of legal contract, in which case the customer is the principal. The Contractor is appointed by its official representative. Such an agreement on the provision of legal services gives the contractor the following powers:
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preparation of a statement of claim;
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filing a claim with a court on behalf of his principal;
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Representation of client's interests in court
The customer provides the contractor with all the documents and necessary information, and he acts on his behalf on the basis of a power of attorney or warrant. The contract should reflect the obligation of the client to submit only complete and reliable information. The Contractor informs the customer, notifies him in a timely manner about events that relate to the content of the agreement.
Add. an agreement to a contract for the provision of legal services may include a clause on non-disclosure of information containing specific information about an individual (company).
Drawing up a civil contract
Such an agreement between the contractor and the customer requires the contractor to act as a contractor. Hiring him within the framework of a civil legal contract does not imply setting the conditions and mode of work, as well as monitoring the activities of the contractor.
Under such an agreement, an agreement with a private lawyer for the provision of legal services only concerns the fulfillment of obligations in a specified period in full. Payment is made (in full) after completion of work, and no advance payments are foreseen.
Service Options
An additional agreement to a contract for the provision of legal services may be concluded on a paid or on a gratuitous basis. If it is necessary to defend the interests of the client in court, the expenses incurred by the contractor must be taken into account.
The first option is the most common option for providing legal services. It indicates the full cost of support.
Legal assistance is provided free of charge to categories of citizens who cannot use the services of private lawyers. In the Civil Code of the Russian Federation there are some options for such assistance: representation in court, surety. Free legal support can be issued in the form of charity.
Agreement with a lawyer
Such an agreement involves not only an assistance agreement, but also an agreement to terminate the legal services agreement. If the client provides his lawyer with all the necessary information and documents, is responsible for their accuracy, but the lawyer does not fulfill the obligations assigned to him, or does not do so in full, the client has the right to terminate the contract.
The lawyer by agreement performs the following duties:
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give advice;
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issue certificates;
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represent the interests of the client in government bodies, various public organizations;
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protect the interests of the client during legal proceedings (in criminal, administrative, civil, constitutional);
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fulfill other legal duties
Agreement with a notary
If an agreement is drawn up with a notary public, in this case all regulatory and legal documents adopted in the Russian Federation must be fully respected. A client who acts as a customer must provide all the requested documents, the necessary information. Notary services are paid according to current tariffs.An agreement with a notary is necessary for preparing documents, obtaining advice, and confirming certain information.
Important aspects
The provision of legal services to individuals should be based on a written agreement (agreement). The executor may be a legal organization, a law firm, a notary public, an individual lawyer. It is important to fix the contents of the agreement on paper in order to give legal force to the agreement.
It is important to highlight in the agreement the key areas within which the lawyer will carry out his activities. For example, there may be a clause on pre-trial settlement of disputes, or on escort in court.
First, the document indicates the general provisions, then lists the obligations and rights of the contractor, then a list of obligations and rights of the customer is attached.
The conclusion of the draft agreement marks transitional provisions. They may relate to the possibility of exempting the parties from their obligations in case of failure to fulfill the terms of the agreement, as well as due to the occurrence of force majeure (emergency) circumstances, which, regardless of the will of the performer, became an obstacle to the execution of the concluded agreement.
In particular, they can be considered riots in the streets, natural disasters. The contract is made in duplicate, each has equal legal force. Legal support for such an agreement is provided within the framework of Ch. 39 of the Civil Code of the Russian Federation.
Example
First, the date of conclusion of the contract is indicated, information about each party signing the agreement (full name, date of birth, place of birth).
1. The content of the contract.
1.1 The Contractor guarantees the performance of work (to render services), which are listed in clause 1.2.
1.2 The Contractor guarantees the quality of the following services:
1.2.1 Legal advice of the Customer.
1.2.2 Preparation of legal documentation.
1.2.3 Preparation of statements of claim, preparation of claims.
1.2.4 Representation of the interests of the Customer in the course of litigation.
1.2.5 Obtaining decisions, definitions, copies of decisions of the courts.
1.2.6 Payment of various fees, including state fees.
1.2.7 The contract is mixed on the basis of Part 3 of Art. 421 of the Civil Code of the Russian Federation.
2. Contractor.
2.1 Main responsibilities:
2.1.1 Performance of work (provision of services) within the time agreed by the Parties.
2.1.2 Provide the Customer with a report (other documents) within five days after the complete completion of all work performed.
2.1.3. The provision of services in person, unless otherwise provided by this Agreement.
2.1.4 To involve in the provision of services only employees with a higher legal education, having good judicial practice in similar cases.
2.1.5 According to the requirements of the Customer, provide copies of documents certifying qualifications.
2.2 Rights of the Contractor:
2.2.1 Terminate the Agreement extrajudicially unilaterally upon the provision by the Customer of false information, in case of violation of the payment terms.
3. Rights and obligations of the Customer.
3.1 Responsibilities of the Customer:
3.1.1 Provide the required information to the Contractor no later than 5 days after the completion of work.
3.1.2 Correct the comments that are noted by the Customer (if they are objective).
3.2 Rights of the Customer:
3.2.1 Terminate the Contract unilaterally, having paid the penalty in proportion to the total cost of the work (services).
4. Payment under the contract.
4.1 The cost of services is agreed by the Parties. Various fees and state fees are subject to separate payment.
4.2. Payment for the services rendered (work performed) is carried out within 5 working days.
4.2.1. Funds are sent to the current account indicated by the Contractor in the Agreement. 4.2.2. The remaining amount shall be paid no later than 5 (five) days after the full implementation of the terms of the Agreement.
5. Responsibility of the parties.
5.1 In case of violation of the payment terms, the Contractor has the right to demand from the Customer payment of a penalty for each day of delay.
5.2 If there are grounds for the Contractor not to properly fulfill the terms of the Agreement, the Customer has the right to terminate the agreement without paying the full amount.
6. Other conditions.
6.1. The Agreement shall enter into force upon signature by both Parties.
6.2 By agreement between the parties, the Agreement may be terminated earlier than the date specified in it.
6.3 All additions, annexes and agreements are an integral part of the Agreement after being signed by both Parties.
6.4 This Agreement is signed in two similar copies, which have equal legal force.
Customer _______________
Contractor ______________
To summarize
The subject of the contract may be a specific situation, which can only be solved by a person authorized to conduct judicial (other) proceedings. For example, a contract with a lawyer is drawn up if necessary to protect a person who is charged with a criminal offense.
An agreement is concluded not only between legal entities, but also between individuals. The customer may be a person who urgently needs qualified legal assistance.
As an executor, both an individual (lawyer) and a legal company are also considered. The main requirement is the availability of theoretical knowledge and practical experience in the field of jurisprudence, as well as the right to conduct such activities.
Practice shows that basically contracts for the provision of legal services are drawn up between citizens and private lawyers. People prefer to choose a specific lawyer for solving small (private) issues, rather than a large law firm.
Since the Contractor must resolve issues involving ownership of the rule of law, the Customer should carefully approach the selection of a lawyer. When drawing up an agreement, all the smallest details must be taken into account in order to increase the chances of a successful resolution of the conflict.
In addition to indicating the basic rights and obligations of each party to the concluded agreement, the terms of fulfillment of the basic obligations, as well as the procedure and amount of the material remuneration of the Contractor for the legal services rendered to him, are also written in the document being prepared. A separate item should be devoted to possible risks, because of which it is impossible to fully fulfill all obligations (deadlines will be shifted), for example, due to natural disasters, riots. Before signing the agreement made by the contractor, the customer is obliged to carefully study its contents in order to avoid future contentious issues and additional material costs.