Legal expertise of contracts, legal acts and other document
In a general sense, legal due diligence is understood as a set of works carried out by qualified lawyers and aimed at checking documents, information and materials for compliance with the requirements of current legislation, as well as providing opinions and recommendations based on the results of such an examination.
Legal expertise in the work of a lawyer can include many areas, which include the following:
- Legal examination of contracts and other documents as part of contracts and related documents. In particular, all additional agreements to them, technical specifications, specifications, etc., are subject to verification in place with the contracts being concluded. In the event of contradictions among the parties planning to conclude an agreement, protocols of disagreements can be prepared, as well as appropriate negotiations are held aimed at taking into account the opinions of both counterparties. In addition, in transactions with real estate and other property, a special role is played by checking this property for its being pledged and / or the presence of other encumbrances. Such legal due diligence is aimed at minimizing the risks of losing losses to one of the parties, as well as preventing disputes.
- Legal due diligence of constituent documents of a legal entity, as well as checking the integrity of counterparties. In particular, as a result of the examination of the company's constituent documents and the verification of the presence of enforcement proceedings, participation in court cases, initiation of bankruptcy cases, suspension of operations on accounts, being in the register of disqualified persons, etc., it is possible to determine the risks of actual execution / non-performance of the concluded deals. In addition, such an examination is necessary both when concluding transactions and when they are directly created by a legal entity or amending its constituent documents and / or the Unified State Register of Legal Entities in order to avoid subsequent corporate disputes.
- Legal expertise of local legal acts of the organization. Often, during inspections (for example, by the prosecutor's office, the Federal Tax Service, the labor inspectorate, etc.), local legal acts are requested and analyzed for compliance with current legislation. For example, such as internal labor regulations, accounting policy, personal data processing policy. In this regard, local legal acts, in order to avoid being held liable, must undergo a preliminary legal examination. Legal expertise of local legal acts will also allow to debug the internal work of the company and avoid possible conflict situations.
- Expertise of procurement documentation both on the side of the customer and on the side of potential procurement participants. When working with procurement, customers often face the need to develop a large number of documents. At the same time, the legislation and law enforcement practice in the field of procurement is undergoing a large number of changes, which, in order to avoid complaints to the Federal Antimonopoly Service of Russia or to the court, necessitates constant monitoring of the compliance of procurement documentation with the established requirements.
- Legal expertise of decisions (non-normative acts) and actions of state bodies. Legal expertise in these cases consists in checking the validity and legality of these documents in order to maintain a balance of private and public interests. Such an examination requires a detailed analysis of the document for compliance not only with federal and / or regional legislation, but also with the identification of prospects for appealing against non-normative legal acts, taking into account the existing judicial and administrative practice.
Examination of normative legal acts is necessary if there are grounds to believe that such legal acts violate the rights and legitimate interests of an indefinite number of persons. In addition, legal expertise of legal acts can be carried out on the initiative of the authorities themselves and local self-government in order to ensure their compliance with the law and avoid possible challenge.
The most common service in legal practice is an independent legal examination of documents, which provides for a legal analysis of the content of contracts, agreements, securities, claims, lawsuits, constituent and other documents for compliance with the interests of the client and applicable regulatory legal acts. The purpose of such a check is to identify legal shortcomings and errors, voidable or void terms of transactions, resolve disputes and offer other options for presenting documents.
Thus, legal expertise helps to determine the legitimacy of certain documents and legal acts, as well as to identify the facts of their violation of the rights of interested parties, as well as to identify typos and inaccuracies in order to improve legal techniques.
In fact, on the basis of legal expertise, clients are consulted on the issues raised, legal opinions are prepared, procedural documents, procurement documentation are developed, as well as other work related to the provision of various types of legal services.
- Legal due diligence of contracts, supplementary agreements and other related documents
- Legal expertise of constituent documents
- Checking the integrity of counterparties
- Legal expertise of local legal acts
- Legal expertise of procurement documentation
- Legal expertise of decisions of public authorities and/or local governments
- Legal examination of regulatory legal acts for compliance with current legislation and violation of the rights of an indefinite number of persons