Job description of a legal adviser of a law firm. Legal Counsel Job Description, Legal Counsel Job Description, Legal Counsel Job Description Sample. In a government organization

Director of the MOU "Education Center"

"___" ___________________ 20___

Job description legal adviser municipal evening (shift) educational institution "Education Center"

1.1. This job description defines functional responsibilities, rights and responsibility of the legal adviser of the municipal evening (shift) general educational institution "Education Center" (hereinafter referred to as the educational institution).

1.1. The legal adviser is appointed and dismissed by the director of the educational institution.

1.2. A person with a higher legal or specialized secondary legal education is appointed to the position of a legal adviser.

1.3. The legal adviser reports directly to the director of the educational institution.

1.4. In his work, the legal adviser is guided by:

Legislative and regulatory and methodological documents regulating the activities of an educational institution;

Standards of office work on legal documents;

Charter of the educational institution;

Rules of internal work schedule;

Orders and instructions by the director of the educational institution;

this job description;

1.5. The legal adviser of an educational institution should know:

Labor, civil, administrative, land, financial, tax, criminal and other branches of legislation;

Basic rules for setting up the documentary part of the general office work;

business instructions;

The structure of the educational institution;

Internal labor regulations.

The legal advisor is responsible for:

development of legal documents, methodological guidance legal work in educational institution, consultation of employees of an educational institution on legal issues, assistance in the preparation of documents and acts of a legal nature, information and reference services for documents, their storage.

3. Job responsibilities

In order to perform the functions assigned to him, the legal adviser must:

3.1. Develop or participate in the development of legal documents.

3.2. Provide methodological guidance for legal work in an educational institution, provide legal assistance in the preparation of various types of legal documents, participate in the preparation of substantiated answers when claims are rejected.

3.3. In accordance with established order draw up documents on bringing employees to disciplinary and liability.

3.4. Participate in the work of concluding contracts, conducting their legal examination, developing conditions collective agreements.

3.5. Prepare proposals for changing existing or canceling invalid orders and other regulations issued by an educational institution.

3.6. Carry out work on the systematic recording and storage of existing legislative acts, make notes on their cancellation, changes and additions, prepare reference documentation based on the use of modern information technologies and computing facilities.

3.7. Participate in the preparation of opinions legal matters arising in the activities of an educational institution, draft regulations submitted for review, as well as in the development of proposals for improving the activities of an educational institution.

3.8. To inform the employees of the educational institution about the current legislation and changes in it, to acquaint the director of the educational institution and employees with the regulatory legal acts relating to their activities.

3.9. Advise employees of an educational institution on organizational, legal and other legal issues, assist in the preparation of documents and acts of a legal nature.

3.10. Perform one-time official assignments of your immediate supervisor.

The Legal Counsel has the right:

4.1. Get acquainted with the draft decisions of the management of the educational institution regarding its activities.

4.2. Require the administration to create conditions for the performance of direct duties.

4.3. Request the necessary documents from the teaching staff for the director of the educational institution, as well as explanations about the reasons for the delay in the execution of controlled instructions.

4.4. Involve employees in the execution of instructions from the administration of the educational institution.

4.5. Require performers to finalize documents prepared in violation of the established rules for the preparation and execution of documents.

4.6. Submit proposals for the director of the educational institution to improve the organization of work with documents, taking into account the use of computer technology.

4.8. To protect professional honor and dignity.

4.9. For social guarantees and benefits established by the legislation of the Russian Federation.

4.10. For annual paid leave.

5.1. The Legal Counsel is responsible for:

For those committed in the course of the implementation of its labor activity offenses within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation;

For causing material damage within the limits determined by the current labor, criminal and civil legislation of the Russian Federation.

5.2. For failure to perform or improper performance without good reasons of the Charter and the Internal Labor Regulations of the educational institution, other local regulations, legal orders of the director of the educational institution, the official duties established by this instruction, including for non-use of the rights granted, the legal adviser bears disciplinary responsibility in the manner determined by the labor legislation of the Russian Federation.

Per gross violation employment duties, dismissal may be applied as a disciplinary punishment.

5.3. For violation of the rules of fire safety and labor protection, the legal adviser is brought to administrative responsibility in the order and cases provided for by the administrative legislation of the Russian Federation.

6.1. In the course of his activities, he interacts with the pedagogical, administrative and service personnel for the preparation and presentation required documents, checking the implementation of instructions, orders and instructions of the director of the educational institution.

6.2. Works in the mode of the standard working day according to the schedule drawn up on the basis of a 40-hour working week and approved by the director of the educational institution

6.3. Fulfills the instructions of the director of the educational institution and informs him of the difficulties encountered in the work.

Occupational Safety and Health

Non-fulfillment or untimely fulfillment of orders, instructions of the administration, resolutions and other normative documents sanatorium, enterprise, higher organizations, owner, government and other authorities;

"Collection of normative materials on the rationing and billing of labor of workers, managers, specialists and employees of health-improving institutions of the Central Council for the management of resorts of trade unions"

(part 1 "Unified tariff and qualification characteristics of the professions of workers and qualification characteristics of the positions of managers, specialists and employees" - 1990

JOB DESCRIPTION of a legal adviser in an organization

1. GENERAL PROVISIONS

1.1. This job description defines the functional duties, rights and responsibilities of a legal adviser in an organization.

1.2. The legal adviser is appointed to the post and dismissed from the post in accordance with the procedure established by the current labor legislation by order of the head of the organization.

1.3. The Legal Counsel reports directly to ____________.

1.4. A person with a higher professional (legal) education and work experience in the specialty of at least one year is accepted for the position of a legal adviser of an enterprise.

1.5. The legal adviser should know:

legislative acts regulating the production, economic and financial activity In the organisation;

methodological and regulatory materials on legal activity;

civil, labor, financial, administrative law;

the procedure for concluding and formalizing economic, collective agreements, tariff agreements;

the order of systematization, accounting and maintenance of legal documentation using modern information technologies;

fundamentals of economics, labor organization, production and management;

means of computer technology, communications and communications;

labor protection rules and regulations.

2. FUNCTIONAL RESPONSIBILITIES

Note. The functional duties of the legal adviser are determined on the basis and to the extent qualification characteristic according to the position of the head of the legal department and can be supplemented, clarified when preparing the job description based on specific circumstances.

2.1. Performs work to comply with the law in the activities of the enterprise and protect its legal interests.

2.2. Carries out legal expertise of draft orders, instructions, regulations, standards and other legal acts prepared at the enterprise, approves them, and also participates in necessary cases in the preparation of these documents.

2.3. Takes measures to change or cancel the legal acts of the enterprise, issued in violation of the current legislation.

2.4. Organizes the preparation of opinions on legal issues arising in the activities of the organization, as well as on draft regulations submitted for review by the organization.

2.5. Represents the interests of the organization in court, arbitration court, in state and public organizations when considering legal issues, conducts court and arbitration cases.

2.6. Participates in the preparation and conclusion of collective agreements, industry tariff agreements, the development and implementation of measures to strengthen labor discipline, regulation social labor relations In the organisation.

2.7. Conducts work on the analysis and generalization of the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, develops proposals for improving control over compliance with contractual discipline in the supply of products, eliminating identified shortcomings and improving the production and economic and financial activities of the organization.

2.8. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the organization's property.

2.9. Prepares opinions on proposals to bring employees of the organization to disciplinary and material liability. Participates in the review of materials on the status of receivables in order to identify debts requiring enforcement, ensures the preparation of opinions on proposals for writing off bad debts.

2.10. Carries out control over compliance in the organization with the procedure for certification of products established by law, acceptance of goods and products in terms of quantity and quality.

2.11. Organizes a systematic accounting, storage, introduction of adopted changes in legislative and regulatory acts received by the organization, as well as those issued by its head, provides access to them for users based on the use of modern information technologies, computer equipment, communications and communications.

2.12. Provides information to employees of the organization about the current legislation, as well as organization of work on the study by officials of the organization of regulatory legal acts relating to their activities.

2.13. Provides legal advice to employees.

3. RIGHTS

The legal adviser in the organization has the right:

3.1. Get acquainted with the draft decisions of the head of the organization relating to the activities of the department headed.

4. RESPONSIBILITY

The legal adviser in the organization is responsible for:

3.1. Failure to perform or improper performance of their duties under this job description - in accordance with applicable labor laws.

3.2. Offenses committed during the period of its activities - in accordance with the current civil, administrative and criminal legislation of the Russian Federation.

3.3. Causing material damage - in accordance with the current legislation of the Russian Federation.

3.4. Violation of the Internal Labor Regulations, fire safety and safety regulations established in the organization - in accordance with the current legislation of the Russian Federation.

5. WORKING CONDITIONS

5.1. The mode of operation of the legal adviser is determined in accordance with the Internal Labor Regulations established at the enterprise.

The job description of a legal adviser regulates labor relations. The document defines the functional duties, types of responsibility of the employee, his rights, rules of subordination, requirements for experience, education, the procedure for employment and dismissal.

The instruction is developed by the head of the legal department. Approved by the CEO of the organization.

The template below can be used when preparing a job description for a legal adviser at a production, commercial enterprise, in a budgetary educational institution, etc. Some provisions of the document may differ depending on the specialization of the organization.

Sample Job Description for a Legal Counsel

I. General provisions

1. The legal adviser belongs to the category of "specialists".

2. A person who has a higher legal education and work experience in similar position at least one year.

3. The Legal Counsel reports directly to the Head of the Legal Department.

4. The appointment or dismissal of a legal adviser is made by order CEO organizations.

5. During the absence of a legal adviser, his functional duties, responsibility, rights are transferred to another official appointed in the prescribed manner.

6. The legal adviser must know:

regulatory, teaching materials on the legal activities of the organization;
legislative acts that determine the economic, production, financial activities of the organization;
rules for registration, conclusion of tariff agreements, contracts;
basics of labor organization, management, economics;
methods of systematization, maintenance, accounting of legal documentation using information technologies;
rules for compiling reports on the activities of the organization;
provisions of the internal labor regulations, labor protection standards, safety regulations;
the basics of handling the means of communication.

7. The legal adviser is guided in his activities by:

Charter, internal labor regulations, other governing acts of the organization;
this job description;
orders, orders of management;
legislative acts of the Russian Federation.

II. Responsibilities of a Legal Counsel

The Legal Counsel does the following official duties:

1. Manages the legal work in the company, provides legal assistance to its structural divisions, public organizations in the preparation of legal documents.

2. Participates in the development of reasonable responses to the rejection of claims.

3. Develops legal documents of the organization.

4. Prepares and implements measures to improve financial, contractual, labor discipline, safety of the organization's property.

5. Prepares materials on waste, theft, shortages, release of low-quality, incomplete products, violation of the law. Transfers them to the investigative, judicial authorities, takes into account, stores these cases.

6. Draws up documents on bringing employees to material, disciplinary sanctions.

7. Participates in the development of conditions and the conclusion of contracts, industry tariff agreements, their legal expertise, the study of issues of receivables and payables.

8. Controls the timing of sending documents, calculations, explanations, other established materials.

9. Prepares proposals for the change, announcement of orders, other regulatory acts of the organization.

10. Studies, summarizes, analyzes the results of consideration of judicial, arbitration cases, claims.

11. Takes into account, stores copies of legislative acts, regulatory documents. Makes records of their cancellation, changes, prepares reference documentation based on the use of information technology.

12. Performs official assignments of the immediate superior.

13. Informs the employees of the organization about the norms of legislation relating to their activities.

14. Prepares opinions on legal issues that arise in the work of the organization.

15. Advises company employees on organizational, legal and other legal issues.

16. Prepares conclusions, assists in the execution of property-legal documents.

17. Checks the legality of dismissal, transfer of employees, imposition of penalties on them.

III. Rights

The Legal Counsel has the right:

1. Represent the interests of the organization in the prescribed manner.

2. Make independent decisions within the framework of their functional duties.

3. Require the management of the organization to create normal conditions for the exercise of their powers, the safety of documents, material values.

4. Send proposals to the management to improve their work and the activities of the organization.

5. Do not perform their functional duties when there is a danger to health or life.

6. Inform the immediate superior about the identified shortcomings in the activities of the organization. Put forward proposals for their elimination.

7. Communicate with employees of structural divisions of the organization on work issues.

8. Receive information about the decisions of the management of the organization that relate to the activities of the legal department.

9. Receive the necessary information to perform their functional duties.

10. Sign documents within their competence.

12. Refer to specialists on matters beyond the competence of the legal adviser.

IV. A responsibility

The Legal Counsel is responsible for:

1. Providing clients, management with deliberately false information.

2. Unauthorized management representation of the interests of the organization.

3. Misuse of trade secrets, personal information of employees, disclosure of confidential information.

4. Causing damage to the organization, its employees, the state, contractors.

5. The quality of reporting documentation.

6. Violation of requirements guidance documents organizations.

7. Consequences of your decisions and actions.

8. Improper performance of their official duties.

9. Violation of the provisions of the internal labor regulations, the requirements of labor discipline, fire protection standards, safety precautions.

10. Violation of the norms of etiquette, business communication.

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Legal Counsel Job Description

We bring to your attention a typical example of a job description for a legal adviser, a sample of 2017. A person who has a higher professional (legal) education without presenting requirements for work experience or a secondary professional (legal) education and work experience in positions filled by specialists with secondary education can be appointed to this position. vocational education, not less than 5 years. Do not forget, each instruction of a legal adviser is issued on hand against receipt.

We bring to your attention a typical example of a job description for a legal adviser, a sample of 2019/2020. A person who has a higher professional (legal) education without presenting requirements for work experience or a secondary professional (legal) education and at least 5 years of work experience in positions filled by specialists with secondary vocational education can be appointed to this position. Do not forget, each instruction of a legal adviser is issued on hand against receipt.

It provides typical information about the knowledge that a legal adviser should have. About duties, rights and responsibilities.

This material is included in the huge library of our site, which is updated daily.

1. General Provisions

1. The legal adviser belongs to the category of professionals.

2. A person who has a higher professional (legal) education without presenting requirements for work experience or a secondary professional (legal) education and at least 5 years of work experience in positions filled by specialists with secondary vocational education is accepted for the position of a legal adviser.

3. The legal adviser is hired and dismissed by the director of the organization.

4. The legal adviser must know:

- legislative acts regulating the production, economic and financial activities of the enterprise;

— regulatory legal documents, methodological and regulatory materials on the legal activities of the enterprise;

— civil, labor, financial, administrative law;

- tax law;

— environmental legislation;

- the procedure for keeping records and reporting on the economic and financial activities of the enterprise;

– the procedure for concluding and formalizing business contracts, collective agreements, tariff agreements;

– the order of systematization, accounting and maintenance of legal documentation using modern information technologies;

— fundamentals of economics, labor organization, production management;

- means of computer technology, communications and communications;

- internal labor regulations;

— rules and norms of labor protection, safety measures, industrial sanitation and fire protection.

5. In his activities, the legal adviser is guided by:

- the legislation of the Russian Federation,

— Charter of the organization,

- orders and orders of employees to whom he is subordinate in accordance with this instruction,

- this job description,

- The internal labor regulations of the organization.

6. The legal adviser reports directly to the head of the legal department of the department.

7. During the absence of a legal adviser (business trip, vacation, illness, etc.), his duties are performed by a person appointed by the director of the organization in the prescribed manner, who acquires the relevant rights, duties and is responsible for the performance of the duties assigned to him.

2. Responsibilities of the Legal Counsel

Legal Counsel:

1. Develops or takes part in the development of legal documents.

2. Carries out methodological guidance of legal work at the enterprise, provides legal assistance to structural divisions and public organizations in the preparation and execution of various kinds of legal documents, participates in the preparation of substantiated answers when claims are rejected.

3. Prepares, together with other divisions of the enterprise, materials on theft, waste, shortages, release of low-quality, non-standard and incomplete products, violation of environmental legislation and other offenses for submission to the arbitration court, investigative and judicial authorities, keeps records and storage of those in production and completed by the execution of court and arbitration cases.

4. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, to ensure the safety of the property of the enterprise.

5. Carries out the study, analysis and generalization of the results of consideration of claims, court and arbitration cases, the practice of concluding and executing business contracts in order to develop proposals for eliminating the identified shortcomings and improving the economic and financial activities of the enterprise.

6. In accordance with the established procedure, draws up materials on bringing employees to disciplinary and financial liability.

7. Takes part in the work on the conclusion of economic agreements, their legal examination, the development of the terms of collective agreements and industry tariff agreements, as well as the consideration of issues of receivables and payables.

8. Controls the timeliness of submission by structural units of references, calculations, explanations and other materials for the preparation of responses to claims.

9. Prepares, together with other departments, proposals for changing existing or canceling orders that have become invalid and other regulations issued by the enterprise.

10. Conducts work on the systematic recording and storage of existing legislative acts, makes notes on their cancellation, changes and additions, prepares reference documentation based on the use of modern information technologies and computing tools.

11. Participates in the preparation of opinions on legal issues arising in the activities of the enterprise, draft regulations submitted for review.

12. Carries out informing the employees of the enterprise about the current legislation and changes in it, familiarizing the officials of the enterprise with the regulatory legal acts relating to their activities.

13. Advises employees of the enterprise on organizational, legal and other legal issues, prepares opinions, assists in the execution of documents and acts of a property-legal nature.

14. Complies with the Internal Labor Regulations and other local regulations of the organization.

15. Complies with internal rules and regulations of labor protection, safety, industrial sanitation and fire protection.

16. Ensures cleanliness and order in his workplace.

17. Performs within employment contract orders of employees to whom he is subordinate in accordance with this instruction.

3. Rights of legal adviser

The Legal Counsel has the right:

1. Submit proposals for consideration by the director of the organization:

- to improve the work related to the duties provided for in this instruction,

- on the promotion of distinguished employees subordinate to him,

- on bringing to material and disciplinary responsibility of employees subordinate to him who violated production and labor discipline.

2. Request from structural divisions and employees of the organization the information necessary for him to perform his duties.

3. Get acquainted with the documents that define his rights and obligations in his position, the criteria for assessing the quality of performance of official duties.

4. Get acquainted with the draft decisions of the organization's management regarding its activities.

5. Require the management of the organization to provide assistance, including the provision of organizational and technical conditions and the execution of established documents necessary for the performance of official duties.

6. Other rights established by the current labor legislation.

4. Responsibility of the legal adviser

The Legal Counsel is responsible for the following:

1. For improper performance or non-performance of their official duties provided for by this job description - within the limits established by the labor legislation of the Russian Federation.

2. For offenses committed in the course of their activities - within the limits established by the current administrative, criminal and civil legislation of the Russian Federation.

3. For causing material damage to the organization - within the limits established by the current labor and civil legislation of the Russian Federation.

Job description of a legal adviser - sample 2019/2020. Duties of a legal adviser, rights of a legal adviser, responsibility of a legal adviser.

The reader involuntarily gets a feeling about the signer that he printed his reasons, reading the text and its meaning. In reality, the document is a reflection of the essence of the addressee. This happens to be archaically important in places if the decision is formed from mental persuasion. Get the right form from a lawyer good money. The reason - the absence of imperfections is a very important service.

Specialists without higher education can work as a legal adviser, but it is desirable to have at least 3 years of work experience. Any enterprise needs professionals who are able to accurately perform the assigned tasks.

Responsibilities of a corporate lawyer

According to a trend that has continued in recent years, it is increasingly difficult for young professionals with a higher legal education to find a job in their specialty. This is due to an overabundance of personnel in the field of jurisprudence, but the demand for professionals in their field does not stop growing.

The goals and objectives of jurisprudence in any self-respecting company are the implementation of the law within the company and its implementation when signing contracts between firms. Today, almost every company has a group of lawyers defending the interests of the company. Special attention is given to labor, civil and administrative legislation.

The main task of a lawyer at the enterprise is the preparation of contracts, explaining to the head of all the subtleties and "roughness" of the law on this issue. Any firm in order to increase profits is interested in entering the international level. To conclude a transaction with foreign partners, a lawyer must know the intricacies of the language in which the contract is concluded. Doubting his linguistic knowledge, a lawyer should turn to professionals. High-quality and inexpensive translation from/into 90 languages can help him with this. Lawyers in the company, in addition to working with contracts, communicate with clients, respond to their claims, and are ready to defend the interests of the company in court.

Nevertheless, whatever the role of a lawyer in an enterprise, he does not make independent decisions, he only “chews” everything to the boss, who signs or does not sign the contract.

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Job description of a legal adviser (lawyer)

1. GENERAL PROVISIONS

1.1. This job description defines the functional duties, rights and responsibilities of the Legal Counsel at the enterprise.

1.2. The legal adviser is appointed to the post and dismissed from the post in accordance with the procedure established by the current labor legislation by order of the director of the enterprise.

1.3. The Legal Counsel reports directly to __.

1.4. Hired for the position of Company Legal Counsel individual having a higher professional (legal) education and work experience in the specialty for at least one year.

1.5. The legal adviser should know:

Legislative acts regulating the production, economic and financial activities of the enterprise;

Methodical and normative materials on legal activity;

Civil, labor, financial, administrative law;

Tax law;

environmental legislation;

The procedure for the conclusion and execution of business contracts, collective agreements, tariff agreements;

The order of systematization, accounting and maintenance of legal documentation using modern information technologies;

Fundamentals of economics, labor organization, production and management; means of computer technology, communications and communications;

Rules and norms of labor protection.

1.6. During the period of temporary absence of the Legal Counsel, his duties are assigned to ___.

2. FUNCTIONAL RESPONSIBILITIES

Legal adviser at the enterprise:

2.1. Performs work to comply with the law in the activities of the enterprise and protect its legal interests.

2.2. Carries out legal expertise of draft orders, instructions, regulations, standards and other acts of a legal nature prepared at the enterprise, approves them, and also participates, if necessary, in the preparation of these documents.

2.3. Takes measures to change or cancel the legal acts of the enterprise, issued in violation of the current legislation.

2.4. Organizes the preparation of opinions on legal issues arising in the activities of the enterprise, as well as draft regulations received for review by the enterprise.

2.5. Represents the interests of the enterprise in court, arbitration court, as well as in state and public organizations when considering legal issues, carries out the conduct of court and arbitration cases.

2.6. Participates in the preparation and conclusion of collective agreements, industry tariff agreements, the development and implementation of measures to strengthen labor discipline, the regulation of social and labor relations at the enterprise.

2.7. Conducts work on the analysis and generalization of the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, develops proposals for improving control over compliance with contractual discipline in the supply of products, eliminating identified shortcomings and improving production and economic financial activity of the enterprise.

2.8. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the enterprise's property.

2.9. Prepares opinions on proposals to bring employees of the enterprise to disciplinary and financial liability. Participates in the review of materials on the status of receivables in order to identify debts requiring enforcement, ensures the preparation of opinions on proposals for writing off bad debts.

2.10. Carries out control over compliance at the enterprise with the procedure for certification of products established by law, acceptance of goods and products in terms of quantity and quality.

2.11. Organizes a systematic accounting, storage, introduction of adopted changes in legislative and regulatory acts received by the enterprise, as well as those issued by its head, provides access to them for users based on the use of modern information technologies, computer equipment, communications and communications.

2.12. Provides informing the employees of the enterprise about the current legislation, as well as organizing work on the study by officials of the enterprise of regulatory legal acts relating to their activities.

2.13. Organizes the provision legal assistance public organizations of the enterprise, advising employees on legal issues.

The legal adviser at the enterprise has the right:

3.1. To give employees of the enterprise instructions and tasks on a range of issues included in his functional duties.

3.2. Control execution planned assignments and work, timely execution of individual orders and tasks by employees of the enterprise.

3.3. Request and receive the necessary materials and documents related to the activities of the Legal Counsel.

3.4. Enter into relationships with departments of third-party institutions and organizations to resolve issues within the competence of the Legal Counsel.

3.5. Represent the interests of the enterprise in the arbitration court and the court of general jurisdiction, in state bodies, third-party institutions and organizations, public organizations on issues legal protection the interests of the enterprise.

4. RESPONSIBILITY

The corporate legal advisor is responsible for:

4.1. The results and efficiency of the enterprise related to legal issues.

4.2. Failure to fulfill their functional duties.

4.3. Failure to comply with orders, instructions and instructions of the director of the enterprise.

5. WORKING CONDITIONS

5.1. The mode of operation of the Legal Counsel is determined in accordance with the Internal Labor Regulations established at the enterprise.

5.2. Due to business needs, the Legal Counsel may travel on business trips (including local ones).

5.3. For solutions operational matters to ensure production activities company The Legal Counsel may be provided with company vehicles.

6. SCOPE OF ACTIVITY

6.1. The exclusive field of activity of the Legal Counsel at the enterprise is the legal support of the enterprise and the protection of its interests.

6.2. To ensure his activities, the legal adviser is granted the right to sign organizational and administrative documents on issues that are part of his functional duties.

Acquainted with the instruction: _

Job description of a company lawyer

I. General provisions

1. The company's lawyer belongs to the category of specialists.

2. A person who has a higher legal education and at least ____ (3 years; 4 years; etc.) as a legal adviser is appointed to the position of a corporate lawyer.

3. The lawyer of the enterprise must know:

Regulatory and methodological materials regulating the production and economic activities of the enterprise.

Profile, specialization and features of the structure of the enterprise.

Civil, business, commercial, administrative, labor, financial, tax and other branches of legislation.

Arbitration procedural, civil procedural law, fundamentals of criminal procedural law.

Standards of office work on legal documents.

The structure of state bodies, local governments, judicial bodies.

The order of systematization, accounting and maintenance of legal documentation using modern information technologies.

Basics of administration.

Ethics of business communication.

Economics and organization of production, labor and management.

Fundamentals of labor legislation.

Rules and norms of labor protection.

4. Appointment to the position of a lawyer and dismissal from office are made by order of the head of the enterprise.

5. A corporate lawyer reports directly to the head of the enterprise.

6. During the absence of a lawyer (business trip, vacation, illness, etc.), his duties are performed by a person appointed in the prescribed manner.

7. This person acquires the appropriate rights and is responsible for the improper performance of the duties assigned to him

II. Responsibilities of a corporate lawyer

Company lawyer:

1. Carries out the development of constituent documents; provides registration legal entities, issues of valuable shares, amendments to founding documents; coordinates the work on keeping registers of shareholders (by third parties); defines legal framework bodies of the enterprise (develops provisions on the powers General Assembly, about the board of directors, about the board, about audit commission, etc.); develops regulations on transactions related to the acquisition or alienation of property; coordinates transactions with the company's shares; defines the legal framework dividend policy in the enterprise and coordinates it.

2. Organizes work: to provide the enterprise with laws, regulations legal instruments necessary for carrying out the activities of the enterprise; on accounting and maintenance of databases of normative legal acts.

3. Provides subdivisions of the enterprise, individual specialists with regulatory legal acts necessary for the implementation of their functions and duties.

4. Carries out: verification of compliance with the legislation of draft orders, instructions, regulations and other documents of a legal nature submitted for signature to the head of the enterprise; verification of compliance with the stages of approval of draft documents with responsible employees; approval of draft documents; issuance of instructions to the responsible employees of the enterprise on the introduction of amendments or cancellation of acts due to changes in federal legislation.

5. Conducts contract work at the enterprise:

Determines the forms of contractual relations;

Develops draft contracts;

Checks compliance with the legislation of draft contracts submitted to the enterprise by counterparties;

Takes measures to resolve disagreements on draft contracts;

Provides notarization or state registration certain types contracts.

6. Analyzes contractual work at the enterprise, develops programs for its revision and change, checks the status contract work in the structural divisions of the enterprise.

7. Conducts claims work at the enterprise:

Provides accounting of claims from counterparties, their consideration;

Prepares responses to claims received and adopts draft decisions on satisfaction or refusal to satisfy claims received;

Prepares claims against counterparties, sends them to counterparties and monitors the satisfaction of claims submitted to counterparties.

8. Conducts claim work:

Takes measures to comply with the pre-arbitration procedure for the settlement of contractual disputes;

Prepares statements of claim and materials and submits them to arbitration courts;

Examines copies statements of claim on claims against the enterprise;

Provides maintenance of a data bank on claim work;

Represents the interests of the enterprise in arbitration courts;

9. Prepares applications, statements and other documents for obtaining licenses, permits necessary for the implementation of the enterprise's activities.

10. Takes part in the development of documents related to the issues of ensuring the safety of the property of the enterprise (contracts on liability; instructions establishing the procedure for the receipt and acceptance of material assets at the enterprise, accounting for their movement; instructions for accounting for the release and sale of finished products).

11. Checks the legality of the dismissal and transfer of employees, the imposition of disciplinary sanctions on them.

12. Represents the interests of the enterprise during inspections carried out at the enterprise by state control and supervisory authorities for the purpose of legal control over compliance with procedural actions by the inspectors, the validity and correctness of the conclusions of the inspectors, the execution of the results of inspections and the preparation of procedural documents.

13. Represents on behalf of the enterprise in state supervisory authorities authorized to consider cases of administrative offenses identified at the enterprise; prepares and sends complaints against the actions of officials of state supervisory bodies, against unlawfully imposed administrative penalties on the enterprise.

14. Provides written and oral advice to employees of the enterprise on various legal issues, provides legal assistance in the preparation of legal documents.

III. Rights of a company lawyer

A corporate lawyer has the right to:

1. Request and receive from structural units information, reference and other materials necessary to fulfill the duties provided for by this Job Description.

2. Conduct independent correspondence with state, municipal and judicial authorities on legal issues.

3. Represent the enterprise in the authorities in the prescribed manner state power, other institutions and organizations on legal issues.

4. Give structural subdivisions and individual specialists binding instructions on legal issues.

5. Take measures upon detection of violations of the law at the enterprise and report these violations to the head of the enterprise in order to bring the perpetrators to justice.

6. In agreement with the head of the enterprise, involve experts and specialists in the field of law for consultations, preparation of conclusions, recommendations and proposals.

7. Get acquainted with the documents that define his rights and obligations in his position, the criteria for assessing the quality of performance of official duties.

8. Submit proposals for the management to improve the work related to the responsibilities provided for in this Instruction.

9. Require the management of the enterprise to ensure the organizational and technical conditions and execution of the established documents necessary for the performance of official duties.

IV. Responsibility of a company lawyer

The Corporate Lawyer is responsible for:

1. For improper performance or non-performance of their official duties provided for by this Job Description, within the limits established by the current labor legislation of the Russian Federation.

2. For offenses committed in the course of their activities - within the limits established by the current administrative, criminal and civil legislation of the Russian Federation.

3. For causing material damage to the enterprise - within the limits established by the current labor and civil legislation of the Russian Federation.

Legal Counsel is staff member legal entity. This specialist ensures compliance with the norms of the law both by the company itself and by other entities entering into legal relations with it. Let us consider further the job responsibilities of the legal adviser of the enterprise.

General characteristics of the profession

Among the persons whose specialty is united by the term "lawyer", a legal consultant occupies a separate place. The work of a lawyer is considered closest to the activity of this specialist. Most legal advisers work in private and public institutions. In the states of companies where there are more than 10 specialists in the legal department, they are assigned the appropriate categories.

Recruitment

Enrollment and dismissal is carried out by the director of the company in the manner prescribed by law. Candidates are presented to the head by his deputy after agreement with the head of the legal department. The duties of a legal adviser in a budgetary institution are formulated according to a standard model approved in the manner prescribed by law. Citizens with a higher education in their specialty and professional experience of at least 3 years are accepted for work.

Required knowledge

The duties of a legal adviser are determined in accordance with the specifics of the organization's activities. Equally important in formulating the tasks of a specialist is his qualification. The job responsibilities of the lead legal counsel, for example, include supervising assistants. For the proper performance of the assigned tasks, the employee needs to know:

Regulations that govern economic activity companies.
Fundamentals of labor, land, civil, financial (including tax), environmental, administrative, forestry, water, criminal legislation.
Norms of agrarian and industrial complex, Code of Criminal Procedure, Code of Civil Procedure.
The procedure in accordance with which the maintenance of legal documentation is carried out using modern means of BT, communications, communications and information technologies.
OT rules.

The knowledge of a specialist can be supplemented depending on the specifics of the organization. Thus, the duties of a legal adviser in housing and communal services require the employee to be aware of the current norms of housing legislation, rules public utilities, the procedure for concluding relevant contracts and features of service.

Key Responsibilities of a Legal Counsel

Typical specialist tasks include:

Development of legal documentation of the organization.
Implementation of methodological guidance of legal work.
Providing legal assistance to employees of structural units in the preparation and execution of various documents, control the activities of personnel in these processes.
Represent the interests of the organization in municipal and state bodies, arbitration court.
Prepare, together with other departments, materials on violations that are detrimental to the company.
Study, analyze, summarize the results of consideration of claims, disputes, practice of changing, concluding, executing, terminating contracts in order to develop proposals aimed at eliminating the identified shortcomings and improving economic activity.
Keep records and store the arbitration and other court cases entrusted and in progress (finished).
Draw up and submit for signature to the manager documents on bringing employees to material or disciplinary liability.
Ensure control over the timely provision of papers by the company's divisions to respond to claims from counterparties.
To monitor the norms of legislation, in accordance with which the regulation of the company's activities is carried out.
By order of the immediate supervisor, inform the employees of the organization about the current legal acts and changes in them.

Additional activity

The duties of a legal adviser in legal advice includes clarification and assistance to citizens on legal issues. These tasks can be performed by staff member companies. In particular, his tasks may include advising employees on legal issues, assistance in the preparation of various documentation. The terms of reference of a specialist may also include the development of conditions for collective and labor contracts, agreements. The duties of the legal adviser of the Pension Fund include consideration of materials related to the execution of contracts with the population, control of the completeness of information and the timeliness of their provision by citizens. The specialist checks the compliance of the activities of employees with the current legislation, reveals violations of the interests and rights of persons who have applied to the FIU.

Implementation forms

The duties of a legal adviser are performed by submitting:

Conclusions.
Acts.
Reviews.
Reports.
Draft contracts.
Claim statements.
Reporting and office notes.
claims.
Complaint.
orders.
orders.
Other documents issued by the organization.

Rights

Their implementation is aimed at the fulfillment by the specialist of the tasks assigned to him by the management. In the course of his activity, the specialist has the right to:

The rights and duties of a legal adviser include reporting to the immediate superior about violations committed by subordinates in the course of their professional activities.

Interaction with other employees

In carrying out his duties, the legal adviser, if necessary, communicates with other divisions of the company. Their employees should be assisted in the implementation of their activities by a specialist. His requests to provide him with materials and documents related to the work of the legal department are met by all divisions. If it is impossible to fulfill the instructions of a specialist, employees should inform their direct management about this. Deliberate failure to provide the necessary information acts as a disciplinary offense.

A responsibility

The duties of a legal adviser are related to the use of information that may constitute a commercial or state secret. The specialist is responsible for the preservation of data relating to the specified categories. In addition, the specialist may be held liable for:

Failure to perform or improper performance of their tasks.
Ignoring the instructions and orders of the management, the first deputy, as well as the head of the legal department.

The specialist is responsible for the effectiveness and results of the company's activities on legal issues. For violations of the Labor Code, an employee may be subject to disciplinary and administrative, as well as criminal liability.

Conclusion

The job description is developed and approved in accordance with the employment contract, the norms of the Labor Code and other legal acts regulating the scope of labor relations. For prompt resolution of issues, a specialist can be allocated company car. Providing vehicle carried out by order of the head of the company.

Job description of a lawyer , which is a local document of many enterprises, organizations and companies, defines the requirements for a specialist of this kind, as well as other points related to his work activity. In the article, we will get acquainted with the content of the job description of this specialist, and also find out if there is a difference between a lawyer and a legal adviser.

Job description of the leading legal adviser of the sample of 2015-2016

The structure of this local document assumes the presence of several sections in it. Usually this:

General provisions.
Employee duties.
Employee rights.
Employee responsibility.

The first section states that:

the position of the lead legal adviser belongs to the category "Professionals";
the applicant must have higher education certain direction;
The candidate must have at least 2 years of experience as a legal adviser.

This is followed by a section on the duties of the lead legal adviser, which indicates that in his work he must be guided by the normative and legislative acts that have not lost their force and regulate the financial and economic activities of the company.

Besides, this specialist is responsible for the following:

development of legal documentation;
providing advisory support to structural units and individual employees;
work with claims and complaints, control over the timely submission of the necessary explanatory notes, calculations, certificates and other materials that may be required to prepare responses to claims;
participation in proceedings in courts of various instances;
preparation of materials relating to bringing employees to material and disciplinary liability for failure to fulfill their duties, depending on the severity of the violations committed by them;
development and implementation of measures aimed at strengthening financial, contractual, labor discipline and ensuring the safety of the company's property;
participation in events related to the signing of contracts with counterparties, preparation of opinions on their validity from a legal point of view and consideration of issues related to receivables / payables;
development, together with other divisions, of proposals for the abolition of orders and regulations of the company that have become invalid and for making changes to them;
familiarization of company officials with regulations associated with its activities, changes in legislation, etc.

right to receive social guarantees provided for at the legislative level;
the ability to demand the creation necessary conditions for the full performance of their duties;
the right to take actions aimed at preventing / eliminating any violations;
opportunity to improve your professional qualifications etc.

Chapter legal advisor job description on liability contains provisions relating to the fact that such may occur in the event of non-fulfillment or improper performance by him of his official duties. It also occurs when the legal adviser does not use the rights granted to him in certain situations.

So, disciplinary responsibility comes:

in case of violation by the specialist of the internal regulations in force in the company;
failure to comply with the rules of safety, fire protection, hygiene and sanitation;
disclosure of trade secrets;
non-execution of official instructions / orders of the management that do not violate the law;
causing material damage to the company, etc.

Also, when developing this document, you can use the standard legal advisor job description sample available on our portal.

Don't know your rights?

On the job description of a legal adviser in a budgetary institution

Budget organizations include educational and medical institutions, institutions of a socio-cultural and scientific and technical orientation, etc. Simply put, we are talking about non-profit organizations created by federal / municipal government agencies and financed from the budgets different levels and extrabudgetary funds.

When developing a job description for a legal adviser in any of these institutions, you can also use the tips above, adapting them to the requirements of a particular organization.

AT this document There are also 4 main sections: general provisions, duties, rights and responsibility of a specialist.

The first of them indicates that persons with a diploma of higher education are accepted for this position. legal education, but there are no requirements for seniority.

The second section lists the duties assigned to the legal adviser in budget organization. They are similar to those that were previously indicated in the previous part of the article and relate primarily to:

compliance with legislative labor standards and internal regulations;
implementation of the protection of the rights of employees in institutions of this kind;
protection of the rights of the employer in the courts, higher authorities.

With regard to rights and responsibilities, they also do not differ fundamentally from those discussed earlier.

What is the difference between a lawyer and a legal adviser?

Agree, many of us had to deal with announcements about inviting such specialists to work. In this regard, some might have a question: what is the difference between a lawyer and a legal adviser? It would seem that both of them deal with issues of law. Moreover, if we compare lawyer job description and a legal adviser, there will be no significant differences.

However, there is a difference, and if we understand the functions that are carried out by specialists in the legal field, it should be noted that the concept of "lawyer" is much broader. In this case, we are talking about qualifications due to obtaining a special legal education and constant study of legislation and changes in it in any areas and directions. So, lawyers are usually called legal scholars, as well as employees of the following structures:

a number of law enforcement agencies and prosecutors;
investigative committee;
notaries;
advocacy;
authorities engaged in law-making activities.

As for a legal adviser, in this case we are talking about a specialist who also has an appropriate higher education, but specializes in a separate area of law, depending on the specifics of the company in which he works. Its main task is to ensure compliance with the rule of law in various forms of legal relationships. As a rule, many more or less large companies implementing different kinds activities, have specialists of this kind in their staff.

In short, in the first case, we are talking about the specialty and professional qualifications indicated in the diploma of a citizen and giving him the right to hold certain positions (including a legal adviser); in the second - about the official position made in Qualification guide positions of managers, specialists and other employees, approved by the Ministry of Labor in 1998

Conclusion

In conclusion, it remains to recall that the applicant for the position of a lawyer / legal adviser must be familiarized with his job description before signing an employment contract with him. Sample lawyer job description you can download on our website.