The type of the activity of the bureau which represents analysis of the information furnished by the Client in the context of the matter or matters declared by it. The result of conducted analysis (research, expertise) may be a written conclusion or information given to the Client in other forms including oral ones, depending on the assignment.
The prevailing result of the legal expertise is identification of legal risks in the relationship construction being under study and determination of methods of their reduction.
The legal expertise and its respective results generally represent the initial element in the system of relations between the Client and the law bureau with regard to a complex structured matter.
Intermediation in conciliation procedures:
It is a specific and unaccustomed type of legal assistance for a Russian principal. The level of legal and business culture is evolutive in postreform Russia. The stage of popular obtaining experience by means of coming into a direct legal conflict with a view to achieve the desired result exclusively from the position of strength (through a judicial settlement) of dispute, to our opinion, gives way step by step to understanding of advantages of negotiations.
Owing to the obtained experience, both private principals and the business, are getting rid of the concept that it is possible to resolve conflicts quickly and finally via the judicial procedure. Consensus – is always the most quick and generally, in the end, the least expensive and effective method of dispute settlement.
The world practice and our experience makes it possible for us to assert that attempts to settle conflicts by peaceful means without involvement of intermediaries are often less effective that with involvement of same. What is the reason? At the stage when the conflict has been declared, both in private and corporate disputes, emotional factors have a material effect on positions of the parties. Wisdom and pragmatic calculation often give way to personal ambitions. In such circumstances, it is difficult for the parties both to work out the mechanism of settlement and to determine accurately their own interest in such complicated situation. We are convinced that in similar situations the optimum solution is engagement of intermediary(ies) which are outside subjects with regard to the conflict whose aim is to settle the conflict. This role function materially differs from functions of disputers and makes it possible to work out not simple sometimes original ways and schemes of surmounting crisis relations. Stability and feasibility of the new scheme, in its turn, will directly depend on its compliance with interests realized by the parties, transparency of stipulated procedures and mutual guarantees. These agreements may be prepared by the professionals which are specially qualified for this purpose.
Such activity is relevant if any of participants in the crisis has no independent aim – development of the crisis as such, or especially aggressive motivation when the aim is complete “abolishment” of the opponent.
In all other cases, engagement of professional intermediaries is undoubtedly justified. Practicing legal experts-counselors, in particular, can manage the task to the best advantage because they have a wide understanding about possible variants of development of the situation.
Subscriber service of organizations (support of activities of legal entities):
It is the most extensive type of cooperation which provides for rendering legal assistance on a permanent basis. The variants of cooperation may differ according to types and volumes of the legal assistance. The volume and structure of the legal assistance are determined by the agreement with the Client. There are may be indefinite number of assignments and applications connected with the most wide range of matters in certain cases, or a definite volume of assignments and/or applications relating to the chosen type of matters in other cases.
This type of relations is convenient and favorable for stable developing companies because it makes it possible for them to use the professional experience and knowledge of the collective of the specialists with their own material resources in the necessary volume.
Firstly, this cooperation excludes the necessity to organize working places and maintain additional personnel of the company and provides for use of the law bureau resource as necessary, which is expedient for the Client in terms of economy.
Secondly, even in case of availability of own personnel of corporate lawyers, questions may arise solution of which requires quick professional reaction, availability of practical experience, the ability to organize and coordinate activity of a qualified team consisting of experts specializing in various directions. This problem is not always efficiently resolved even by large companies. Objectively, the role and designated purpose of corporate lawyers and these of outside engaged professionals are different. There is no need to substantiate the conclusion about expediency of outsourcing which was long ago proved out by the world practice.
|Rights to real estate;|
|Disputes of property and non-property character;|
|And other categories of civil and administrative cases.|
Depending on actual situation and wishes of the principal, the lawyers of the bureau render the following legal assistance:
— analysis of circumstances and presented materials in terms of law with subsequent oral or written counselling;
— legal assistance to the principal in conducting negotiations with a view to prevent or timely settle a conflict including use of rooms located in the law bureau;
— preparation of drafts of documents which have legal significance;
— collecting materials necessary for conducting a case including by way of forwarding lawyer’s inquiries;
— preparation of schemes of transactions, legal analysis and recommendations concerning schemes of transactions offered by contracting parties of the principal, support of their conclusion and execution;
— representation of the principal in state authorities, bodies of local government;
— representation of the principal in his relations with state organizations, private companies, citizens;
— representation of the principal before notaries, participation in development of drafts of wills, other transactions, participation in taking measures connected with protection of inherited property, assistance relating to registration of the principal’s rights in case of inheritance, representation of the principal’s interests when settling disputes relating to inheritance, appeal of refusals from taking notarial actions;
— representation of the principal in courts of all instances of the RF judicial system, preparation and submission of procedural documents including applications, statements of action, complaints, schemes of amicable agreements, cassation appeals, special supervisory appeals;
— representation of the principal (recoverer or debtor) at the stage of executing proceeding.
The type of relations very suitable for the Client. These relations are much wider than periodic counselling and conduct of cases in courts or criminal defense. Commencing from early 1990s the class of well-to-do persons has been forming in Russia. They are not necessarily very rich people. At present, these who refer themselves to the middle class are also to a great extent concerned for conducting personal affairs, purchase, maintenance, use and disposal of their property (sales of which is subject to special legal regulation) and other assets as well as issues connected with inheritance, family, finances, construction, taxes and other specific issues. A modern active person deals with increased volume of similar troubles and, sooner or later, comes to understanding that it is impossible to solve in package and efficiently his problems independently, without outside assistance, without prejudice to his main activity or necessary leisure time. Orderliness of record keeping – materially reduces expenses, risks and saves time. Who can render such assistance? Who can professionally analyze available information, collect additional information, help Clients to take decisions and subsequently coordinate the activity of executing persons, evaluate results obtained in connection with so differently directed but equally significant cases? We believe that the optimum candidature is a professional which has legal education and a wide life and professional experience, i.e., a lawyer. In our case, it is the law bureau; such form of advocacy repeatedly increases the law resource (technical, communicational, other). If necessary, the team work of the lawyers, the business partners and the personnel of the bureau in the interests of Client is possible and obligatory.
Urgent situations arise unexpectedly. It is a paradox but events which have been expected for a long time occur even much more of a sudden. Such is a psychological phenomenon of many cases. In such circumstances, the efficiency of task solutions directly depends on efficiency of professional reactions. If a potential Client has no relations with a lawyer, he will have to lose his time in order to find a suitable candidature, develop contacts, setting forth introductory information, etc. Our experience suggests to us that such acts are generally inefficient in the circumstances of lack of time and emotional instability. The Client often has no possibility to furnish the lawyer with full information because he can not always determine what part of the information is significant and what part - is not significant. And it is unlikely that the necessary level of confidence in relations between the Client and the lawyer will be achieved quickly. Thus, acquisition of personal lawyer is the problem which is necessary to solve anyway. Do not put it off, do not give up your decision up to the moment when it may turn out expensive objectively (not only in terms of material welfare). The argument in favor of this decision may also be the supposition that the potential Client which does not have special knowledge can hardly discover in good time risks, unfavorable tendencies and threats of legal nature and take respective measures for their reduction or elimination in his personal affairs.
What does prevent him from doing so? We separate two main psychological barriers which condition restraint of a potential Client with regard to timely establishing relations with a personal lawyer even at the stage when he becomes aware of this need. They are a supposed expensiveness and the necessity of confidence.
As to the cost. A qualitative highly skilled service may not and must not be cheap. However, if the volume of consumption of the services will be rationally determined and distributed in time, the cost loading as compared to the result will be taken by the Client as acceptable and fair. That is why, in particular, the permanent character of the relations and distribution of periodical payments in time are suitable and in the interests of the Client. In this case, it is necessary to keep in mind that determination of the cost of this service – is exclusively individual process and depends, in the first turn, on supposed volume of the work. In any case, we are oriented to permanent relations, which supposes the necessary element of comfort in these relations. A stable development of assets and safety of the Client – are in our interests. We follow this principle in the matters relating to pricing.
The second in this text but we believe that it is the first as to its significance is a psychological obstacle connected with confidence in the relations. The necessity of setting forth information which is often a confidential information to a little-known person, although a professional, must be seriously motivated. The traditional way – is recommendations of friends (more often - two or three links – friends of their friends), the desire to base himself on the experience of communication with some legal expert or lawyer. In case of absence of other sources of information, this way, possibly, seems to be the only possible way. Outside experience has its shortcoming – it is outside. Remoteness of the information source does not make it possible to obtain the information in full. The best choice – is your choice. Solving this significant problem beforehand you should begin with the small – with an advice, a single assignment. You will have your own opinion about a concrete person, the collective body, the principles and methods of the work. Your will have your own experience which will allow you to make your own choice.
It is difficult for the Client to create relations with an organization which have large collectives and in which tens and even hundreds legal experts and lawyers work and it is practically impossible to create confidential relations with such organizations. That is why the optimum choice for this type of relations – is a stable consolidated and well coordinated effective collective of professionals. All advantages of individual approach but without shortcomings characteristic of an individuum.