Results of the survey on lawyer.ua: corporate lawyer competence

Results of the survey on lawyer.ua: corporate lawyer competence

29.12.2016 Analytics

In every company sooner or later there comes a time when the manager asks a question of legal support for business. Solutions may be very different: someone delegate such powers to accountant and it really works, it is true, as long as does not need an expert with deeper legal competence, and someone is trying to find the lawyer. And when the decision on legal services is done, there is a question of the next choice – prefer corporate or freelance services?

To answer this question it is necessary to analyze the important components – the specifics of the company, a situational necessity, value of specialist or company, the complexity of tasks and more. Accordingly, it can not be the universal advice and a top manager or owner will make a decision, on the basis of the needs of the company.

To help LDaily publishes answers of lawyers in a survey on the topic The advantages of a corporate lawyer, conducted by the portal lawyer.ua

Nestorak Olha: If the company is small and has well-established activity, it is possible to cooperate with external consultants on legal issues. So handling them in rare cases, you will be able to save one lawyer salary. In this case, law firms can get advice of several experts, as the company, which is interested in providing quality legal services, cares about their image. But in those cases where a company is often faced with a variety of legal issues it is better to have a staff lawyer. He will be aware of all the affairs of the company and will be able to offer solutions promptly to various problems. He will monitor the accuracy of registration and drawing up contracts, and will make adjustments to them, if necessary. All trials will also lead a staff attorney, because he is familiar with the specifics of the company and will be able to defend its interests.

Nepiiko Vitalii: Staff Lawyer is the most psychologically comfortable for the owner, as he considers him its “own”. Disappears barrier to create a comfort zone and facilitates the control of internal tasks. In addition, the owner is focused on a narrow specialized direction of its business. This has its advantages, the main thing – he does not need to waste time on details and circumstances that arise “here and now” and need less time to get the final answer. Disadvantages of the situation are that a staff attorney dependent on the head, and therefore can not always psychologically and professionally strike a balance between the desire to please the manager and the fact that “the truth hurts”. Part-time specialist requires access to a complete package of information. It is morally difficult for the head of the company, as it is “foreign”, especially when it is necessary to show the “guts of the situation.” It becomes a key factor in the recommendations of the one who took advantage of the service and trusts the head to agree to the involvement by the specialist.

The advantage is the professional impartiality and independence of the part-time lawyer from the head at all stages, which allows to correct the situation and put the emphasis freely without emotional and administrative component. Also, an expert on hand is interested in long-term relationships and recommendations therefore aimed at an objective and comprehensive version of the solution to the situation.

Fedash Mykola: A staff lawyer is more prepared and know the whole situation at the company, can quickly make a decision, less time spent on the study of documents, interaction with other services, knows more fully the legal framework for the industry in which the company operates, is familiar with the regulations and orders.

Zalizniak  Yurii: If the company is small and its activities is adjusted, then it is possible to cooperate with external consultants on legal issues. So how to handle them we have to in rare cases, you will be able to save on staff lawyer salary. In this case, law firms can get advice immediately.

Vozniuk Oleh: It all depends on the company, its turnover, the number of activities and personnel. If the company has economic activities, rather than the provision of services and the number of working staff is 50 or more, you need a staff attorney. One who knows all the nuances of business processes, accounting and taxation, as written before, this is the same lawyer hired employee with a minimum of human rights and a variety of duties. It is all the same to carry out the will of employers, and in case of bad situations he simply has to deal with it some way. Many types of business activity and the order of taxation have long chains, so freelance lawyer can only answer general questions. To study the chain he need financial and accounting documents – it will take a lot of time. But the contents of all operations is estimated on the basis of primary documents, and not on how they should be conducted. Also do not forget about the form of a legal entity, if it is the JSC or LLC with a lot of minority shareholders, it is hardly for freelance lawyer to deal with meetings, manning the boards, and other matters related to corporate assets.

Kolomachenko Halyna: The main advantage of a corporate lawyer is understanding the specifics of the business. Understanding the business processes is necessary for their effective legal support. This is particularly evident in the contract work . I do not mean the standard template contracts (delivery contract). This is a treaty which provides the main economic activities – construction contracts for construction companies, credit – for the banks contracts on forwarding services – for freight forwarders, cargo handling contracts – for ports and stevedoring companies, electricity supply contracts and other. Moreover a corporate lawyer usually knows perfectly legislation, regulating economic activity of the enterprise – employer. This may not always be boasted by external lawyers, because specialization is a luxury that can afford ones. The second important advantage is the constant presence in the enterprise, which allows not only to attract a lawyer when the problem occurs,but to involve a lawyer in the process, in order to avoid this problem.

Frantsyshkevych Juliia: Each activity has its advantages and disadvantages. An external consultant can provide professional advice, but without taking into account features of a particular business. Corporate Lawyer is “living inside” of the company, and have more opportunities to develop a legal approach that is acceptable to the business, which allows to provide a balance of interests of business and protection from legal risks. These are two different areas of legal support and it is desirable that they are not be opposed to each other, but work complementary.

Shtanhei Serhii: A staff lawyer knows the kitchen inside the company and is better versed in it, at the same time,he may have some gap in practice on some questions and in this case it is necessary to cooperate with a supernumerary lawyer.

Andriushchenko Vitalii: Lawyer is one of the key figures in business, it is a challenge to ensure the legal business of purity, and is considered the most important is not just to win a process or to resolve the conflict, but to prevent its occurrence and development. Corporate lawyer – is not just a legal adviser, he is a member of the management team, a full-fledged member of the company strategy. Corporate lawyer must have a perfect command of company law – the requirements for the establishment of joint-stock companies, the order of their registration, types of shares, the rules of formation of blocks of shares, the commission deals with shares, the essence of the dividend policy, etc. Corporate lawyer in civil must possess in-depth knowledge of the business, commercial, corporate and tax law.

Zakharov Yehor: At this time, a corporate lawyer, combines (very often) in itself the personnel and the assistant director and the “junior accountant”, entering the chosen three (director, chief accountant, lawyer), but then be sure to consider the size of the firm, enterprise, company . In large – definitely need a staff attorney (or even a whole department), which will do exactly the nuances of filing and legal services that every company is absolutely unique. At the same time on such company is required to operate law firms, which are usually just focus on the forensic handling complaints. For a small company to have your lawyer is not always economically feasible and even easier to be on the user’s service at yur.firmy or else have a lawyer who is an individual practice (because it’s easier to design and, consequently, with taxes). It is necessary to consider each specific case.

Martyniuk Yaroslav: The choice between these two versions of a legal provision should do, taking into account the economic and operational feasibility. With a large volume of legal work when the legal department will be more than 5 employees, and, in my opinion it would be advisable to transfer the legal issues of the company. You also need to evaluate the qualifications of corporate lawyers. In practice, it often happens that lawyers have in the company, but any complex situation becomes solvable for them, the consequence of which are the wrong recommendations to management and, as a result, wrong decisions and financial losses. It should be borne in mind that in any case, when abnormal, problematic situations is better to contact the law firm. Neither qualified corporate lawyer can not know all things and situations. A legal company has extensive experience and is faced with a lot of different situations, a large percentage of correct decisions to get from the law firm. Thus, the main important criterion for selecting a corporate lawyer is the volume and complexity of the work. If the volume is large, and the work is basically simple, the staff lawyer or legal department in most cases be more cost-effective than the legal service law firm.

Other articles

  • The price of oil broke a long-standing record
    News

    The price of oil broke a long-standing record

    During trading on Monday, October 11, the price of a barrel of Brent oil rose by 2% to $ 84.01. She reached this mark for the first time since October 2018. US WTI oil rose by $ 1.62 to $ 81.3 – the highest price since 2014, according to Reuters. It is noted that Brent […]

  • From 2023, multinational corporations must pay corporate tax at a rate of at least 15%
    News

    From 2023, multinational corporations must pay corporate tax at a rate of at least 15%

    The agreement on a single corporate tax rate of at least 15 percent was signed by 136 states, which account for more than 90 percent of world GDP. The agreement is aimed at combating tax evasion by international corporations. The initiative was also signed by countries that were initially opposed to tax reform, such as […]

  • The NBU has calculated “on hand” in the population up to $ 35 billion
    News

    The NBU has calculated “on hand” in the population up to $ 35 billion

    The savings of Ukrainian citizens outside the banking system are estimated at $ 30-35 billion. This estimate was given by the chairman of the National Bank Kyrylo Shevchenko during the Kyiv Economic Forum. There are different estimates of the “gray” economy. We in the National Bank believe that this is up to 30% of GDP. […]

  • The NBU has increased the purchase of currency on the interbank market 15 times
    News

    The NBU has increased the purchase of currency on the interbank market 15 times

    During the week, the National Bank of Ukraine bought $ 228 million on the interbank foreign exchange market. At the same time, the central bank did not sell currency on the interbank market. So the NBU continued to buy currency on the interbank market, the bank increased it compared to last week ($ 15 million) […]

  • Musk told when the first European Tesla will appear
    News

    Musk told when the first European Tesla will appear

    The new Tesla factory in Berlin may release the first electric cars next month. CEO Elon Musk stated this. Speaking at the plant, Musk said he hoped to get the green light to begin production in the coming weeks. The last consultation on public concern about the plant ends on October 14, after which the […]

  • Two other Chinese developers have problems paying on bonds
    News

    Two other Chinese developers have problems paying on bonds

    In China, two more developers are unable to repay their debts: Fantasia Holdings has been unable to repay bonds worth $ 205.7 million, and Sinic Holdings is uncertain about the repayment of $ 246 million in bonds, the BBC reports. The day before, trading in Evergrande shares was suspended on the eve of “an announcement […]

  • Telegram has 70 million new users amid Facebook failure
    News

    Telegram has 70 million new users amid Facebook failure

    Telegram Messenger registered more than 70 million new users against the background of a large-scale failure of the social network Facebook and its services. The founder of the messenger Pavlo Durov announced this in his Telegram-channel. “Telegram’s daily growth rate is an order of magnitude higher than normal, and in one day we have received […]

  • The head of Ukreximbank is temporarily resigning
    News

    The head of Ukreximbank is temporarily resigning

    Ukreximbank’s Chairman of the Board Yevhen Metzger has written a statement resigning during the investigation into the attack on journalists. “The situation around the bank is unacceptable. My overly emotional reaction and unrestrained behavior towards journalists are not justified. I am fully aware of my responsibility,” the statement said. To remove partially the damage to […]

Read also

Results of the survey on lawyer.ua: corporate lawyer competence
News

Ukraine and Canada signed an Agreement about free trade zone

Today 11 July Ukraine and Canada signed an agreement about establishment a free zone. During the signing were attended the President of Ukraine Petro Poroshenko and Prime Minister of Canada Justin Tryudou. Ukrainian MP Stepan Kubiv wrote on his page on facebook, it is a very important document for Ukraine. He will bring the relations […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

The G7 called on Ukraine to act quickly due to the crisis in the CCU

The ambassadors of the G7 countries stressed the importance of swift action to resolve the situation in the Constitutional Court of Ukraine. In particular, they assessed Ukraine’s actions in this direction. They said this during a meeting with Verkhovna Rada Chairman Dmytro Razumkov. The G7 ambassadors said that swift action was needed to resolve the […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
Analytics

What help Ukrainian entrepreneurs need to export more

Exports of goods accounts for a third of Ukraine’s GDP.But we sell primarily raw materials abroad. It is a marker of underdeveloped countries and a path that does not contribute to economic development. Our state’s strategic task is to increase the exports of high-tech goods with high added value: that is, not just to grow […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Three banks have legal proceedings with the Creative

Two state banks have filed a lawsuit against the Creative  regarding the reimbursement of debts. In particular, Ukreximbank  wants to recover  57.71 million UAH and $ 7.84 million of arrears on the loan agreement dated November  17, 2008. Also Oschadbank wants to compensate another $ 25.24 million. In addition, Piraeus Bank ICB is trying to […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Telegram was obliged to pay $ 625 000 to the startup due to a conflict over the Gram trademark

The Northern District Court of California ordered Telegram to pay almost $ 625 000 in legal costs to the startup Lantah LLC. The company has a dispute with this startup over the Gram brand. In May 2018, Telegram filed a lawsuit against Lantah, accusing it of violating the rights to the Gram trademark. In June, […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Serbia opens its market for Ukrainian fowl

Ukraine and Serbia have approved a veterinary certificate form for export of fowl. The companies which can export to the EU only could perform the deliveries. Public service of Ukraine on safety issues of foodstuff and consumer protections (PSUSIFCP) and veterinary service of Serbia have approved a form of the veterinary certificate for export of […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

The value of bitcoin has exceeded $ 60 thousand again

The most popular cryptocurrency bitcoin has risen again to 60 thousand dollars. Its value increases on the news of a possible reduction in supply. Reuters writes about it. Note that bitcoin first took this bar on March 13, reaching a record high of $ 61,781.83 on the Bitstamp exchange. This came immediately after US President […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Alibaba and Xiaomi will be included in the Hong Kong stock exchange index of the Hang Seng

Chinese Internet company Alibaba and electronics manufacturer Xiaomi will be included in stock exchange index Hang Seng Index from September 7, said the operator’s Hang Seng Indexes. Earlier, the operator announced the results of the review of indexes for the quarter ended June 30. Along with Alibaba and Xiaomi, the index will also include WuXi […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Bitcoin exchange rate exceeded $ 47 thousand for the first time

According to CoinDesk, the price of the most popular cryptocurrency – bitcoin – has updated the historical maximum three times in a few hours, exceeding 47 thousand dollars. Thus, the value of one coin reached its peak on the night from Monday to Tuesday, February 9, and amounted to 47,143 dollars. In general, over the […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Events under the Verkhovna Rada: “Lawyers – are practically the most intellectual … well, the fool always takes by force …”

A lawyer — is a peaceable profession which is designed to protect. Both violations of the rights of lawyers and depreciation of institute of legal profession completely level the rights of the citizen of Ukraine. Under such slogan the peaceful protest action of lawyers under walls of the Verkhovna Rada took place, devoted to fighting […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Shares of Toshiba fell by 43%

The recent scandal with financial fraud and losses of $ 4.5 billion in the Toshiba Company led to the fact that the Japanese giant’s shares collapsed by 43%. Toshiba is the oldest Japanese manufacturers of electronics and  has been on the market for 140 years. All events that occur in the company significantly affect the […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Bloomberg has learned the date of completion of construction of NS -2

Completion of the construction of the Russian Nord Stream-2 gas pipeline is scheduled for September 12. Bloomberg reported this on August 23, citing the maritime authorities of Germany. Laying of pipes in the waters of Germany is carried out by the Russian ship-pipelayer Fortuna. According to a message for seafarers sent by the German Department […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Wizz Air has threatened to close its branch in Kiev

The management of the Hungarian airline Wizz Air will close a branch in Kyiv, that has three passenger liners, if its employees do not agree to stop the union. This is stated in the statement of the European Transport Workers Federation ETF. According to the statment, the conflict began after the decision of Wizz Air […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

VW is close to an agreement with the California regulator, by which before wasn’t approved the plan about withdrawal cars

Volkswagen AG, probably close to an agreement with the California regulator, who previously rejected a proposal by the German automaker recall cars in the framework of the settlement of the consequences of “diesel scandal”. Mary Nichols, head of the California Air Resources Board Protection (California Air Resources Board, CARB) said that the negotiations with Volkswagen […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

HarvEast invests 3 million UAH in the implementation of social projects

HarvEast Agro, together with the heads of the state district administrations and district councils in the territories of the company will determine the presence of social finance projects for 2016. The parties have agreed this on this year’s first collective meeting, which took place in Mangushevskyi, Volodarskyi and Volnovakhskyi districts, Donetsk region. In the near […]

Next
Results of the survey on lawyer.ua: corporate lawyer competence
News

Goldman Sachs sold $ 10.5 billion worth of shares

One of the world’s largest investment banks, Goldman Sachs, has sold shares worth $ 10.5 billion because of large package deals, Bloomberg reports, citing a customer newsletter. The bank sold securities of Baidu Inc., Tencent Music Entertainment Group and Vipshop Holdings Ltd. worth $ 6.6 billion before the opening of American markets. The bank then […]

Next
WP2Social Auto Publish Powered By : XYZScripts.com