Russian Federation

Contract for the provision of legal aid is in writing in two copies – one for each side. Each copy must be read and signed by each party personally or through a representative, whose authority must be confirmed by a power of attorney. To such a contract may be attached to the minutes. When circumstances arise that require documentation of the additional agreement to the contract or a new contract. Signing of the contract must be preceded by approval of its terms by the parties, checking the correctness and accuracy of the information (dates, numbers, names, details, etc.) specified in the contract. Agreeing on all terms legal assistance and signed a contract to make payment of the Executive (the lawyer).

There are two basic ways to determine the remuneration for providing legal aid. The first is the hourly pay of the Executive (the lawyer). With hourly pay remuneration determined by the number of hours spent on the response to the request for legal assistance under this considered only the time directly spent on the response to this request. Time spent on activities related to the execution order (the travel time, waiting for hearing in court, the time spent on analysis of legislation, etc.), but not the subject of the contract payment is not refundable. With hourly billing prepayment, its size is determined by the expected number of hours spent on the execution order.

In If the amount of prepaid hours exceed the amount actually spent, undeveloped portion of the fee shall be returned to the principal. The second way is to establish a fixed amount of remuneration for legal assistance. The amount of remuneration is determined by project cost performance of the commission, which takes into account the complexity of the case and includes the time taken by the Executive for the provision of legal aid costs such assistance. When determining the remuneration and its size should take into account the opinion of the Constitutional Court of the Russian Federation expressed in Resolution Constitutional Court of 23.01.2007 1-P, namely: in the current legal regulation of the relations of compensated rendering of legal services they are not expected to meet the requirements of the Executive on the remuneration under the contract of compensated rendering of services, unless this requirement justified by the condition that puts the size of payment services, depending on the court decision to be taken in the future. This means that the customer (the principal) pays only for work performed by the Executive (a lawyer), but not decisions made in the case of government agencies and institutions. Thus the size and the payment of compensation can not depend on decisions made by state authorities, because they are not made by the Executive (Counsel) and, accordingly, are outside its competence. Determining the amount of remuneration must choose a way of disbursements. Remuneration can be made as bank transfer through a bank, and by making cash (through cash or bank transfer) at the expense of legal practice, law firm. Calculation with lawyers in private practice is carried out by direct transfer cash, in this case, the executor is obliged to issue a receipt stating the amount of funds received, date received, from whom on account of which received such funds. Thus, the fulfillment of the requirements law when entering into and performance of the contract for legal aid cuts risks of infringement of lawful rights and interests of the parties to such agreement. In turn, knowledge about the contract is prerequisite for the execution of the above requirements.

| November 27th, 2012 | Posted in General |

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