Legal Advice for Businesses
Legal advice for businesses in various areas of activity
Within the framework of the Eurasian Economic Union, the term “consulting services” has been introduced, which includes services for the provision of clarifications, recommendations and other forms of consultations, including the identification and (or) assessment of the problems and (or) capabilities of a person, on managerial, economic, financial (in including tax and accounting) issues, as well as planning, organization and implementation of business activities, personnel management.
Legal consulting is a service that makes it possible to get a qualified answer to any legal question, helps to understand the current legislation, protects against undesirable legal consequences and legal risks, indicates possible ways to resolve the problem. In fact, this is the provision of qualified legal assistance through a detailed explanation of the requirements of the current legislation with an analysis of potential risks, taking into account the existing law enforcement practice.
Depending on the wishes of the client and the complexity of the question asked, legal advice is provided orally or in writing. In the first case, the client receives an exhaustive answer, confirmed by legal acts and the professional experience of the consulting lawyer. In the second case written legal opinion is prepared. The form, timing and procedure for providing advice depend on the goal pursued by the principal.
In particular, consulting may include analysis of submitted documents and materials, study of law enforcement practice, sending additional requests to authorized bodies and organizations, obtaining additional information from the client in order to provide comprehensive answers to the questions posed.
It is important to note that due to fairly dynamically introduced legislative changes, the client's independent search for information in open sources, without contacting a lawyer, can lead to significant legal errors that can lead to financial losses.
Currently, legal advice can be provided by lawyers, private practicing lawyers, law firms employing lawyers.
Legal advice can be provided in various areas, the main of which include:
- real estate transactions (purchase, sale, donation, distribution of shares, allotment of shares, investment agreements, etc.);
- legal analysis of contractual risks when concluding contracts, checking the counterparty's integrity, as well as the "purity" of the transaction;
- advising on corporate disputes;
- analysis of the legitimacy of conducting inspections and the prospects for appealing against decisions and/or actions (inaction) of the authorities;
- provision of legal assistance on tax optimization issues;
- consultations of pharmaceutical companies (pharmacy, production of medicines and medical devices, distribution, etc.);
- advising on the issues of claim work;
- analysis of the prospects for resolving litigation (arbitration courts, courts of general jurisdiction).
It is important to note that legal advice requires knowledge in various branches of law (civil, administrative, criminal, tax, etc.), as well as knowledge of law enforcement practice (jurisprudence and the official position of authorized authorities and organizations) and taking into account all circumstances as stated by the client.
Legal advice may include the following steps:
- conducting an interview with a client, asking questions to prepare answers to them;
- analysis of documents and materials submitted by the client;
- collection of information in open sources and sending requests to authorized bodies and organizations;
- identifying the nature and extent of the existing legal problem;
- analysis of the prospects for the implementation of the client's goals;
- holding joint meetings with the client and his partners and/or contractors and/or other interested parties;
- providing the results of consulting in oral or written form with the client's coverage of all existing legal risks.
Traditionally, legal advice is carried out at a personal meeting with a lawyer, while with the development of information technology, online consultation by phone or e-mail, as well as through instant messengers, has become particularly relevant. In cases of remote legal advice, a preliminary assessment of the client's issue is important for the possibility of considering it without organizing a face-to-face meeting. If such consideration is not possible, the client is necessarily warned about the need for a personal consultation.
In order to receive comprehensive answers to the questions raised during the consultation process, it is extremely important to provide the lawyer with all reliable and complete information with all accompanying documents and materials available to the client.
Also, the specificity of the legal consulting services provided necessarily requires compliance with ethical standards and the avoidance of conflicts of interest. In particular, according to paragraph 1. Art. Article 4 of the Code of Professional Ethics for Lawyers states that lawyers under all circumstances must preserve the honor and dignity inherent in their profession. Similar principles should be followed by all persons providing legal advice services.
In fact, legal consulting services are necessary for all organizations, regardless of their activities. Also, the majority of individuals who need to resolve existing legal issues resort to seeking legal assistance.
- Advice on a wide range of issues that are regulated by different branches of law: civil, administrative, labor, tax, pharmaceutical, etc.
- Collection of details materials necessary for legal advice
- Preparing of legal opinion
- Providing legal risk-based advice verbally or in writing