Legal assistant and his responsibilities

The job description of a legal assistant is used to document aspects of his professional activity: responsibilities, powers, issues for which he is responsible, as well as other aspects. Now it is included in the standard package of labor documentation by most employers. Since the instructions have legal significance and can be used in administrative and judicial disputes regarding labor relations, it is necessary to take a responsible approach to the quality of its creation and execution.

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Sample job description for legal assistant

Main section

  1. A legal assistant is appointed and dismissed by the head of the firm on the recommendation of the head of the legal service.
  2. The legal assistant reports to the head of the legal service.
  3. A person applying for this position must meet the following criteria:
      legal education (incomplete higher education is possible);
  4. No experience in the profile is required.
  5. In the absence of a legal assistant (illness, training, etc.), he is temporarily replaced by another employee appointed by the head of the legal service.
  6. The legal assistant must understand:
      theoretical foundations of current legislation;
  7. regulatory materials on legal activities;
  8. standards of office work in the legal field;
  9. norms of interaction with other lawyers, as well as with representatives of government agencies;
  10. standards for writing common legal documents;
  11. rules for preparing documentation for trials;
  12. the process of passing legal documents through the relevant authorities;
  13. management system of the company;
  14. legal service personnel;
  15. ethical standards in the field of law;
  16. rules for working with legal reference systems and industry press;
  17. methods of using office equipment and popular computer programs;
  18. standards of internal regulations for personnel activities;
  19. fire safety and labor protection standards.
  20. The legal assistant is guided by:
      current legislation;
  21. internal documentation of the company;
  22. this instruction.

Functions

The legal assistant performs the following duties:

  1. Assisting lawyers in performing their duties.
  2. Interaction with assistants of other lawyers, as well as with representatives of government services.
  3. Replacement of a lawyer on his direct instructions within his competence.
  4. Participation in the preparation of documents for legal procedures.
  5. Accompanying a lawyer during his participation in court proceedings and business meetings.
  6. Finding relevant information necessary for the firm’s lawyers in the industry press, legal reference systems and other sources.
  7. Monitoring the emergence and implementation of new legal acts, preparing periodic reviews on this basis.
  8. Printing and execution of profile documentation, as well as making necessary amendments to it.
  9. Ensuring work with current correspondence.
  10. Informing management about detected problem situations.
  11. Carrying out the instructions of a lawyer within the limits of his competence.
  12. Ensuring compliance with standards of appearance, order at the place of work, fire safety and labor protection rules.

Responsibility

The legal assistant is responsible for:

  1. The damage received by the company through his fault is within the limits defined in labor legislation.
  2. Transfer of internal data of the company and clients to third parties - within the limits specified in the rules of the company and relevant provisions of the law.
  3. Violations of existing laws committed during the work - within the limits defined in the relevant articles of legislation.
  4. Failure to perform official functions - in accordance with labor law standards.

Rights

The legal assistant has the following powers:

  1. Make proposals for improving labor procedures within your competence.
  2. Participate in legal staff meetings.
  3. Have access to internal information necessary for his work.
  4. Require managers to maintain conditions necessary for the effective performance of assigned functions.
  5. Receive additional payments when agreed performance indicators (KPIs) are achieved.
  6. Receive compensation from the company for your expenses for transport and mobile communications within the limits specified in the relevant documentation.
  7. Have the opportunity to improve your skills by participating in specialized conferences and seminars at the expense of the employer.

Job Description for a Legal Assistant

Limited Liability Company "Beta" LLC "Beta"

APPROVED General Director of Beta LLC ___________________ A.I. Petrov

02.11.2011

Job Description for a Legal Assistant

02.11.2011 No. 14-DI

Moscow

1. GENERAL PROVISIONS

1.1. This Job Description defines the job duties, rights and responsibilities of the Legal Assistant of Beta LLC.

1.2. A legal assistant is appointed and dismissed by order of the General Director of Beta LLC upon the recommendation of the Head of the Legal Service of Beta LLC.

1.3. The legal assistant reports directly to the Head of Legal Services of Beta LLC.

1.4. A person with a higher professional education (legal) or an incomplete higher professional education (legal) is appointed to the position of Legal Assistant without presenting any work experience requirements.

1.5. A legal assistant must know: – the basics of substantive and procedural law; – methodological and regulatory materials on legal activities; – the procedure for concluding and formalizing business contracts; – the procedure for systematizing, recording and maintaining legal documentation using modern information technologies; – methods of information processing using modern technical means of communication and communications, computers; – legal reference systems;

– fundamentals of economics, labor organization, production and management; – work culture and ethics of business communication; – labor protection rules and regulations.

1.6. In his activities, the Legal Assistant is guided by: – methodological and regulatory materials on legal issues; – local regulations of Beta LLC, including the Internal Labor Regulations; – orders (instructions) of the general director of Beta LLC and the immediate supervisor; – this Job Description.

1.7. During the period of temporary absence of the Legal Assistant, his duties are assigned to an official appointed by order of the General Director of Beta LLC.

2. JOB RESPONSIBILITIES

The legal assistant performs the following job responsibilities: 2.1. Conducts a search for legal information on the topics specified by the lawyer using legal reference systems, archives and other sources. 2.2. Analyzes the information found and prepares a list of normative legal acts most relevant to the given topic. 2.3. Every day he gets acquainted with the list of normative legal acts adopted and entered into force through legal reference systems, analysis of official sources of publication of normative legal acts, specialized legal publications, and prepares an overview of the most important normative legal acts for the lawyer. 2.4. Develops draft legal documents (contracts, additional agreements, letters, requests, claims, lawsuits, complaints, etc.) of small volume and complexity and submits them to a lawyer for approval. 2.5. On behalf of a lawyer or immediate supervisor, he travels to state and judicial authorities, local governments, and third-party organizations to resolve legal issues (submitting and receiving documents, receiving clarifications, performing other legal actions). 2.6. Maintains records of legal documentation. 2.7. Reports to the lawyer and immediate supervisor for the results of his work.

3. RIGHTS

A legal assistant has the right: 3.1. Demand from your immediate supervisor and general director of Beta LLC assistance in the performance of official duties and the exercise of rights. 3.2. Improve your skills. 3.3. Request personally or on behalf of the immediate supervisor from employees reports and documents necessary to perform job duties. 3.4. Get acquainted with the draft decisions of the General Director of Beta LLC regarding the activities of the Legal Assistant. 3.5. Submit proposals on issues of its activities for consideration by the General Director of Beta LLC, including raising questions about improving its work, improving organizational and technical working conditions, increasing wages, paying overtime in accordance with the laws and regulations governing the remuneration system employees of Beta LLC. 3.6. Receive from employees of Beta LLC the information necessary to conduct its activities.

4. RESPONSIBILITY

The legal assistant is responsible for: 4.1. For failure to perform or improper performance of their duties provided for in this Job Description - in accordance with current labor legislation. 4.2. For other offenses committed during the period of its activities (including those related to causing material damage and damage to the business reputation of Beta LLC) - in accordance with current labor, civil, administrative and criminal legislation.

5. WORKING CONDITIONS

5.1. The working hours of the Legal Assistant are determined in accordance with the Internal Labor Regulations established by Beta LLC.

5.2. The Employer evaluates the effectiveness of the Legal Assistant in accordance with the Set of Measures for Performance Assessment, approved by order of the General Director of Beta LLC.

The job description was developed in accordance with the order of the General Director of Beta LLC No. 1-Pr dated August 23, 2011.

The job description was compiled by:

Head of HR Department _________________________ E.V. Vasilyeva

I have read the instructions:

02.11.2011 ________________ S.V. Yudina

Agreed:

Head of Legal Service _________________________ P.D. Pavlov

02.11.2011

Aspects of writing a job description

There are some rules that are taken into account when drawing up instructions, although they are not formalized in the current legislation. These include the structure of the document. 4 parts are required:

  • Common parameters.
  • Job functions.
  • Potential liability for violations.
  • Official rights.

The employer can expand the scope of application of the instructions by including additional parts. Typically include:

  • Rules for changing instructions.
  • Rules for performance assessment (KPI).
  • Job characteristics.
  • Rules for interactions with colleagues.

Typically, the standard format is used in small and medium-sized companies, as well as in instructions for professions with a wide distribution. The extended format is used in large businesses for particularly responsible positions.

Regardless of the format, the provisions of the instructions should not conflict with the clauses of the employment contract, which is the basic document on official relationships.

Basic parameters

The initial part of the document is reserved for listing general job parameters:

  • Principles of personnel interactions with employees (order of subordination, employment, etc.).
  • The provisions he is guided by in his work.
  • The skills required of him.
  • Criteria based on level of education and work experience.
  • Other general aspects.

In most instructions, these parameters are standards, but may differ in companies with industry specifics. Thus, lawyers who work in specialized areas may require knowledge in the field of taxes, international contracts and other specialized areas of law. In this case, their list is given in this section.

Functions

This part plays a major role in the instructions. It describes the duties that a manager has the right to demand from a subordinate. They are usually divided into 3 categories:

  • Professional - specific to a specific position and included in the instructions regardless of the employer.
  • Additional - their list depends on the characteristics and wishes of a particular company.
  • Basic - required for most positions: compliance with labor safety standards, rules for working with documents, etc.

The list of functions, primarily additional ones, is influenced by personnel policy, industry and professional characteristics, company size and other parameters.

Responsibility

If an employee violates current legislation and corporate rules, the degree of his guilt is determined in the process of administrative and judicial disputes. In this case, both legal provisions and internal rules of the employer are used. Since they are of considerable complexity and volume, the instructions mention the employee’s responsibilities in general terms, with minimal inclusion of specifics.

Rights

The basic list of rights of any employee is given in Article 21 of the Labor Code. This section expands this list by including additional powers granted to the employee by the employer. Typically these include the opportunity to participate in staff meetings, get acquainted with draft documents on your topic, and others. The more significant the position, the more opportunities the employee is endowed with.

The finished job description goes through a certain approval process. To control quality, it is shown to a lawyer, the head of the personnel service and specialists who work in a suitable professional field. They check the instructions for:

  • Compatibility with current legislation.
  • Compliance with internal corporate standards.
  • Compliance with professional requirements.
  • Consistency with business document flow standards.

After receiving approval from them, certified by the appropriate signatures, a clean copy of the document is sent to the head of the organization for signature. The final stage of approval of the instruction is its signing by the specialist himself, who thus demonstrates agreement with the provisions of the document. Most often this happens during the employment process.

Attention! Since the instruction is an official document, when preparing it, office work standards must be observed: decoding of signatures, availability of the date of creation, and others.

Responsibilities of a legal assistant

The activities of a legal assistant are determined by the Job Description, which sets out the following provisions:

  • job responsibilities of a junior specialist;
  • his rights;

  • responsibility that this specialist bears.

A legal assistant, even if he has just started working, must work in various computer programs:

  • type various texts;
  • fill out Excel tables needed for reporting; know how to use email.

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