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Job description of a lawyer. Sample of a standard job description for a legal adviser Job description of a legal adviser for a medical institution sample

I affirm:
Deputy general director
on legal work and office management
JSC "____________"
"___" ______ 2002

Job description
legal advisor of the legal service
JSC "_________________"

I. General provisions
II. Job responsibilities
III. Rights
IV. Responsibility

I. General provisions

1.1. The legal adviser is appointed and dismissed from his position in accordance with current labor legislation Russian Federation, by order of the General Director on the proposal of the Deputy General Director for legal work and records management.
1.2. When performing his official duties (functions), he reports directly to the Deputy General Director for Legal Work and Records Management.
1.3. In case of temporary absence from work of one of the legal service employees, performs their duties.
1.4. A legal adviser should know:
1.4.1. Current legislation of the Russian Federation;
1.4.2. Practice of application of current civil, labor, financial, administrative law;
1.4.3. Resolutions, orders, orders, other governing and regulatory documents of higher and other bodies relating to legal activities open joint stock company"____________", hereinafter referred to as the "Company";
1.4.4. Technical means mechanization and automation (computer technology) reference and information work on legislation and regulations, office equipment, be able to work on them;
1.4.5. The procedure for keeping records and drawing up reports on the Company’s contractual and claim work;
1.4.6. The procedure for concluding and formalizing business contracts;
1.4.7. Fundamentals of economics, labor organization and management;
1.4.8. Internal rules labor regulations and the Collective Agreement of the "Company";
1.4.9. Rules and regulations of occupational health, safety, industrial sanitation and fire protection.
1.5. Requirements for the qualifications of a legal consultant by payment category:
1.5.1. Legal consultant (non-category) - secondary or higher vocational education no requirements for work experience;
1.5.2. Legal adviser of category II - higher or incomplete higher (subject to continuing studies at a university) professional education and work experience as a non-category legal adviser for at least 3 years;
1.5.3. Legal adviser of the 1st category - higher professional education and work experience as a legal adviser of the 2nd category for at least 3 years;
1.5.4. Leading legal adviser - higher professional education and work experience as a legal adviser of category I for at least 3 years.

II. Job responsibilities

2.1. develops or takes part in the development internal documents“Society,” endorses them.
2.2. conducts a legal examination of draft orders issued by the Company and endorses them.
2.3. Participates in the preparation of substantiated responses when rejecting claims and claims of the Company's counterparties.
2.4. Performs registration and conduct of cases in courts of general and special jurisdiction under a power of attorney from the "Company", carries out their accounting and storage.
2.5. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensuring the safety of the Company's property.
2.6. Takes part in the work of concluding business agreements (contracts), preparing opinions on their legal validity, endorses them and keeps records of them in a special journal.
2.7. Together with interested departments and services, participates in the consideration of issues regarding the liquidation of accounts receivable.
2.8. Maintains established reporting on claims and other work of the Company.
2.9. Prepares draft orders for cash payments for compensation by the "Company" for damage caused to employees by injury, occupational disease or other damage to health associated with their performance labor responsibilities, keeps records and storage of these cases and correspondence on them.
2.10. Prepares draft powers of attorney for representation on behalf of the Company, maintains their registration and journal records of their issuance, as well as storage of their copies.
2.11. Analyzes and summarizes the results of consideration of claims and court cases of general and special jurisdiction, and also studies the practice of concluding and executing business agreements (contracts) in order to develop appropriate proposals to eliminate identified shortcomings and improve the economic and financial activities of the “society”.
2.12. In accordance with the established procedure, draws up documents on bringing the Company's employees to disciplinary and financial liability.
2.13. Prepares, independently or jointly with other divisions (departments, services), proposals to change existing or cancel orders that have lost force, regulations issued by the Company.
2.14. Conducts reference and information work on legislation and regulations using computer technology, as well as records current legislation and other regulations, makes notes on their repeal, changes and additions.
2.15. Carries out work on legal propaganda, familiarizing officials of the "Company" with regulations related to their activities, and about changes in current legislation.
2.16. Provides information and advice to employees of the Company, its shareholders on current legislation, and also makes conclusions on legal issues, assists them in the preparation of documents and acts of a property and legal nature.

The legal adviser has the right:
3.1. Request and control the timely submission to the legal service of the Company from its divisions (departments, services) of certificates, calculations, conclusions, explanations and other materials necessary for preparing the presentation of claims and claims to the Company’s counterparties, as well as giving answers on them;
3.2. Check compliance with current legislation and local regulations in the structural divisions of the Company;
3.3. By special power of attorney, represent the interests of the “Society” in all state and non-state enterprises, institutions, organizations, commercial and non-profit organizations, regardless of their organizational and legal form;
3.4. Participate in meetings and conferences held by the management of the Company when discussing organizational and legal issues.

IV. Responsibility

The legal adviser, within the limits determined by the current labor legislation, bears disciplinary and financial liability to the "Society" for:
4.1. non-fulfillment or improper fulfillment of the “Internal Labor Regulations”, their official duties, orders and instructions of the management of the “Company”;
4.2. Material damage caused to the “Society” due to its fault.
4.3. Other violations and misconduct in accordance with the current legislation of the Russian Federation and internal regulations of the Company.

I CONFIRM:

[Job Title]

_______________________________

_______________________________

[Name of organization]

_______________________________

_______________________/[F.I.O.]/

"______" _______________ 20___

JOB DESCRIPTION

Legal Adviser

1. General provisions

1.1. This job description defines and regulates the powers, functional and job responsibilities, rights and responsibilities of the legal adviser [Name of the organization in the genitive case] (hereinafter referred to as the Company).

1.2. The legal adviser is appointed to the position and dismissed from the position as established by the current labor legislation by order of the head of the Company.

1.3. The legal adviser is classified as a specialist and reports directly to the head of the Company's legal department.

1.4. An individual with the appropriate qualifications is accepted for the position of legal adviser of an enterprise:

Legal consultant II category: higher professional (legal) education and work experience in the position of legal adviser or other positions filled by specialists with higher professional education, at least 3 years.

Legal Advisor: higher professional (legal) education without requirements for work experience or secondary vocational (legal) education and work experience in positions filled by specialists with secondary vocational education for at least 5 years.

1.5. The legal adviser is responsible for:

  • timely and high-quality performance of tasks as intended;
  • compliance with performance and labor discipline;
  • safety of documents (information) containing information constituting trade secret Company, other confidential information, including personal data of Company employees, entrusted to him for the purpose of proper execution of the tasks assigned to him;
  • compliance with labor safety measures, maintaining order, following rules fire safety at the area of ​​work assigned to him (workplace).

1.6. A legal adviser should know:

  • legislative acts regulating production, economic and financial activities enterprises;
  • regulatory legal documents, methodological and regulatory materials on the legal activities of an enterprise;
  • civil, labor, financial, administrative law;
  • tax legislation;
  • environmental legislation;
  • the procedure for maintaining records and reporting on the economic and financial activities of the enterprise;
  • procedure for concluding and formalizing business contracts, collective agreements, tariff agreements;
  • the procedure for systematizing, recording and maintaining legal documentation using modern information technology;
  • fundamentals of economics, labor organization, production and management;
  • funds computer technology, communications and communications;
  • rules and regulations of labor protection.

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

  • local acts and organizational and administrative documents of the Company;
  • internal labor regulations;
  • rules of labor protection and safety, ensuring industrial sanitation and fire protection;
  • instructions, orders, decisions and instructions from the immediate supervisor;
  • this job description.

1.8. During the period of temporary absence of a legal adviser, his duties are assigned to [name of deputy position].

2. Job responsibilities

The legal adviser is required to perform the following job functions:

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

2.2. Provides methodological guidance legal work at the enterprise, provides legal assistance to structural divisions and public organizations in the preparation and registration of various types legal documents, participates in the preparation of substantiated responses when claims are rejected.

2.3. Prepares, together with other divisions of the enterprise, materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violation of environmental legislation and other offenses for transferring them to the arbitration court, investigative and judicial authorities, records and stores those in production and completed execution of judicial and arbitration cases.

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

2.5. Conducts 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 identified shortcomings and improving the economic and financial activities of the enterprise.

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

2.7. Takes part in the work on concluding business agreements, conducting their legal examination, developing the terms of collective agreements and industry tariff agreements, as well as considering issues of receivables and payables.

2.8. Monitors timeliness of submission structural divisions certificates, calculations, explanations and other materials for preparing responses to claims.

2.9. Prepares, together with other departments, proposals to amend existing or cancel expired orders and other regulations issued at the enterprise.

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

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

2.12. Informs employees of the enterprise about current legislation and changes in it, familiarizes officials of the enterprise with regulatory legal acts related to their activities.

2.13. Consults enterprise employees on organizational, legal and other legal issues, prepares opinions, and assists in the preparation of documents and acts of a property and legal nature.

In case of official necessity, a legal adviser may be involved in the performance of his official duties overtime, by decision of the immediate supervisor, in the manner prescribed by law.

3. Rights

A legal adviser at an enterprise has the right:

3.1. Give employees of the enterprise instructions and tasks on a range of issues included in their functional responsibilities.

3.2. Monitor the implementation of planned tasks and work, timely completion of individual orders and tasks by employees of the enterprise.

3.3. Request and receive necessary materials and documents related to the activities of the legal adviser.

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

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

4. Responsibility and performance evaluation

4.1. The legal adviser bears administrative, disciplinary and material (and in some cases provided for by the legislation of the Russian Federation, criminal) responsibility for:

4.1.1. Failure to comply or improper implementation of governing documents on accounting and other regulations governing the activities of organizing and maintaining accounting at enterprises.

4.1.2. Failure to carry out or improperly carry out official instructions from the immediate supervisor.

4.1.3. Failure or improper performance of your labor functions and the tasks assigned to him.

4.1.4. Illegal use of granted official powers, as well as their use for personal purposes.

4.1.5. Inaccurate information about the status of the work assigned to him.

4.1.6. Failure to take measures to suppress identified violations of safety regulations, fire safety and other rules that pose a threat to the activities of the enterprise and its employees.

4.1.7. Failure to ensure compliance with labor discipline.

4.2. The assessment of the work of a legal adviser is carried out:

4.2.1. By the immediate supervisor - regularly, in the course of the employee’s daily performance of his labor functions.

4.2.2. The certification commission of the enterprise - periodically, but at least once every two years, based on documented results of work for the evaluation period.

4.3. The main criterion for assessing the work of a legal adviser is the quality, completeness and timeliness of his performance of the tasks provided for in these instructions.

5. Working conditions

5.1. The working hours of the legal consultant are determined in accordance with the internal labor regulations established by the Company.

I have read the instructions ___________/___________/ “__” _______ 20__

In accordance with labor legislation, the job responsibilities of a lawyer, as well as other employees, are specified upon hiring and specified in the instructions. This document is not mandatory for the enterprise, but is recommended for the purity of interaction between the employer and the employee. It reflects all the responsibilities assigned to the employee - in the event of a dispute, the instructions are the main evidence of the legality of the actions. Below we will consider the main provisions of the instructions, its preparation and approval.

Job description of an enterprise lawyer

Provisions job description an ordinary lawyer of any enterprise - LLC, management company Housing and communal services, etc. – compiled by the head of the legal service or legal adviser of the company. For him, in turn, instructions are drawn up HR department and approved by the head of the enterprise.

Mandatory sections of a lawyer's job description

  • General provisions. They reflect the specifics of the specialist’s work, his schedule and routine issues: the number of copies of the document, the place of its storage, who has the right to replace him during periods of absence and incapacity, etc. The requirements for the unit in terms of education, qualifications, and experience are also reflected here. Do not forget to list the areas of law in which the specialist being hired should be free to navigate: civil, criminal, economic, etc., as well as narrower aspects in which the employer is interested. For example, the practice of arbitration processes and litigation with the tax inspectorate, free orientation in the terms of commercial agreements, customs tariffs and other nuances that are significant for the enterprise. At the end of this section, the standards and rules that a lawyer must follow are indicated.

Important point! The first paragraph reflects the status of the employee: “specialist” and his subordination (an ordinary employee in the legal department or the only legal adviser)

  • Responsibilities. The second section describes the job responsibilities of a lawyer at the enterprise in as much detail as possible. That is, what the employer expects from a specialist. The more points it contains and the more specific they are, the more effective the cooperation is. The specialist knows exactly what is required of him, and the employer, in turn, knows what to expect. Failure to pay attention to this point can lead to trouble for the enterprise. It will be impossible to charge an employee for something that was not included in the instructions, but is necessary for the company.
  • Rights. To fully perform his duties, a lawyer must exercise certain rights. The wider they are, the more freely the specialist can navigate. This paragraph reflects what exactly a specialist has the right to demand from his superiors, what level of access he is allowed to the documentation, plans and results of the company’s activities. Can a lawyer make proposals, make decisions without the approval of his superiors, represent his interests in authorities and before contractors, communicate professional themes with other employees, sign documents, receive and read correspondence, etc.
  • Responsibility. It describes in detail what exactly a lawyer is responsible for and how. In addition to violation of job descriptions and failure to fulfill duties in full, liability is provided for non-compliance business ethics, labor discipline, subordination, infringement of the interests of other employees, etc. All nuances for which the company provides for penalties, fines and dismissal must be reflected in the job description of the company’s lawyer.

This document does not have a single standard. It can be drawn up on company letterhead or a blank sheet of paper - for example, a sample job description for a lawyer 2017 is given. The main thing is that it reveals the essence of the duties with their specific wording and is certified by the head of the enterprise.

Job Description for a Legal Assistant

In large companies, which in addition to specialists also have assistants on staff, a job description for a legal assistant is being developed. The principle of compilation and content are identical. Rights, duties and responsibilities must be spelled out in detail.

IN general provisions the subordination and requirements for education and training are indicated. Usually, experience does not matter for an assistant. This position involves performing preparatory work under the strict supervision of superiors. This includes providing office supplies, timely delivery of correspondence, monitoring the work schedule, planning, printing finished documents, preparing copies, etc.

Legal adviser job responsibilities

The job description of a legal consultant is developed according to general principle. It necessarily reflects the status of the employee - the only lawyer of the company with or without an assistant, or a leading specialist in the legal department. Depending on the status, rights, duties and responsibilities are specified.

The job responsibilities of a legal adviser include absolutely all legal aspects that an enterprise faces. His role can be performed either by a specific specialist (individual) or by a law firm that has entered into an agreement with the company to provide legal support and support services.

Large companies cannot do without a staff of assistants or an entire legal department. The specificity of some industries does not allow the use of services on an ongoing basis legal companies. It is easier to grow and train your own specialists focused on the required areas of law. In this case, the instructions also reflect the nature of interaction with subordinates.

A legal adviser is hired by an organization on a permanent or temporary basis. The nature and scope of a lawyer's work depends on the size of the organization. IN budgetary organizations there is often a need for advice on labor law and taxation of profits. IN large companies involved in providing legal services, lawyers participate in resolving disputes between organizations and individuals in court and pre-trial procedures. Provide assistance in disputes individuals with legal ones:

  1. Budgetary institutions.

If the firm makes a profit from representation in court and legal advice, this should be reflected in the text of the lawyer's job description.


Sample of a typical job description for a legal consultant

The typical job description for a legal consultant should be edited based on the needs of a particular institution. It needs professional processing by a lawyer in each individual case.

General provisions

The position of a lawyer is classified by ETKS as a specialist. An employee with a higher or secondary vocational education can be hired. Subject to availability higher education, there may be no requirements for a lawyer’s work experience. In general terms it is necessary to indicate documents that a lawyer should follow:

  1. A set of legislative acts and regulations regulating economic, industrial and economic activity enterprises.
  2. Labor Code of the Russian Federation, Civil Code of the Russian Federation, Tax Code of the Russian Federation, federal laws and by-laws.
  3. Environmental regulations.
  4. Labor regulations at the enterprise and charter.

Also in general The following skills must be listed:

  1. Drawing up contracts between individuals and legal entities.
  2. Systematization of data and their use using computer and digital technology.
  3. Compliance with business ethics.

In conclusion, it is necessary to indicate that the legal adviser reports to the manager and assistant manager of the enterprise.

Job responsibilities

The legal adviser has the following duties:

  1. Take part in development labor contracts, job descriptions, charters and labor regulations and other standard forms of documents at the enterprise.
  2. Consult company employees if there is a need for legal assistance, questions regarding the payment of taxes and deductions.
  3. Prepare packages of documents and statements of claim for filing with judicial authorities. Represent the interests of the enterprise in court hearings.
  4. Draw up reports of theft, production of low-quality products or embezzlement at the enterprise. Recovery of material damage from defendants.
  5. Prepare responses to complaints from consumers and employees.
  6. Inform the manager and specialists about changes to the legislation of the Russian Federation if they regulate their professional activities.
  7. Participate in the registration of property in the ownership of the enterprise and its alienation.

The job description of the leading legal adviser must contain the duty to carry out the orders of the head of the legal department, if it is provided for in the staffing table.

Rights

The legal adviser has the right:

  1. Make inquiries to budgetary institutions, archives. Gain access to documents of structural divisions.
  2. Submit information about rewarding or imposing disciplinary liability on subordinates.
  3. Ask for assistance from management if it is necessary to purchase equipment or obtain a digital signature tool.
  4. Familiarize yourself with the texts of documents, including design documents.

For the smooth operation of the enterprise, the leading lawyer has the right to choose a candidate to replace him in the event of his incapacity.

Responsibility

The legal adviser is responsible for the following:


  1. Disclosure of commercial or medical secrets.
  2. Application material damage to the enterprise.

A falsified document is grounds for administrative or criminal liability, depending on the severity of the consequences.

Working conditions

A lawyer’s workplace should not be in disrepair or epidemiologically dangerous. If the work involves travel and travel, this should be reflected in the working conditions. Sample instructions for different titles of legal consultant positions are available for download using the links below:

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