Job description of the head of the legal department

The job of a lawyer is one of the most prestigious and highly paid in the modern labor market. There are quite a lot of specialists in this field. The “boom” of lawyers began about ten years ago and continues to this day. There are many people who have received education in this field, but there are not always enough real professionals.

All large organizations that need their own corporate lawyers conduct quite complex tests, carefully review applicants’ resumes and conduct conversations that help to weed out incompetent employees as much as possible. Such a strict selection is especially relevant for vacancies for management positions, for example, head of a department.

This article will tell you what a specialist can expect from the proposed position, what to prepare for during an interview, and what the job description of the head of the legal department contains.

Basic provisions of the instructions

The job description of the head of the legal department positions this position as a managerial one. This person has a whole department of lawyers under him. In turn, the head of the legal department reports directly to the director or general director of the organization. It is the director who must issue and sign all documents relating to the work of this employee: orders, instructions, decisions on relocation, dismissal, bonuses.

The job description of the head of the legal department prescribes the assignment of the functions of a specific employee to another official with the appropriate knowledge and skills in the event of a specialist going on vacation or sick leave. The deputy must be approved by management.

Responsibility

The head of the legal department bears responsibility under the legislation of the Russian Federation for improper performance or failure to fulfill the duties assigned to him by this Instruction, as well as for material damage caused to the enterprise through his fault.

Head of structural unit: _____________ __________________

(signature) (surname, initials)

I have read the instructions,

one copy received: _____________ __________________

Tasks and functions

In the work process, any employee is guided in making decisions and carrying out tasks by prescribed instructions. The job description of the head of the legal department includes the following list of tasks and functions for this position:

• ensuring compliance by the organization, its divisions and employees with legal requirements;
• representing the interests of the company in pre-trial disputes and litigation;
• carrying out an examination of orders, contracts and other documents intended for internal and external users proposed for consideration;
• examination of incoming documents for compliance with legal requirements;
• participation in the development of contracts, inclusion in them of conditions beneficial to the organization;
• taking measures to eliminate and cancel legal acts that contradict the law;
• issuing opinions on legal issues;
• assistance to the management and employees of the organization in resolving legal issues;
• explaining the nuances of legislation to employees, management and departments;
• providing information and methodological materials to internal users;
• analysis and summing up of work with claims, disputes, court cases;
• development of innovations that eliminate violations of contract terms;
• preparation of materials and documents about violations in the production process, illegal acts of employees;
• control over accounts receivable, preparation of correspondence to counterparties, forced collection;
• storage, maintenance and control over the safety of regulations and other legal documents issued by the organization;
• providing access to internal and external users (who have the right to do so) to document archives.

It should be noted that the job description of the head of the legal department of an organization also implies fulfilling a leadership role in the assigned department. The head of the legal department must also monitor the work of his subordinates, notice and eliminate their mistakes in a timely manner. If necessary, must impose appropriate penalties. The most important function of the boss is the distribution and delegation of tasks between department employees for the productive and prompt resolution of problems and issues in the enterprise.

Update your knowledge

The world of law and management is rapidly changing. New leadership techniques are constantly emerging, and legislators are making changes to regulations. In order to keep up and remain competitive, you have to pass through a lot of information. It is better if it is without “water”, saturated with practical, real knowledge, and not theory. Here are some ways to improve your skills without leaving work:

• Establish monitoring of innovations in the legislative area you need - special services and specialized journals will help with this.
• Attend conferences - choose those where the speakers include practices that interest you.
• If the company is quite large, do not forget about cooperation as an expert with legislative bodies.
• Engage in personal PR - publish articles in specialized media, prepare comments for federal media. This will increase your recognition, you will begin to be invited as an expert to public events - even more practical acquaintances and, accordingly, more important information from colleagues.
• Find a comprehensive course where practitioners break down the intricacies and nuances of the legal area that suits you, talk about legal tricks and discuss interesting court decisions.

If you are just planning to head a legal department, we recommend our specialized course, in which expert practitioners intensively share the distillation of important knowledge and skills gained in corporate work and complex litigation.
About the course “Director of Legal Affairs” Author: Dmitry Kuzmin

Education and work experience

The work of a lawyer requires a higher specialized education. As a rule, in order to subsequently occupy a high position with a good salary, while passing a competitive selection for the position without any special problems, people planning their lives in this profession. regions, while still students, go for internships or internships in large organizations.

Such work is not always paid, or is paid very little, but it provides a huge amount of knowledge and experience. If the specialist has not had this internship, he will have to work as an assistant for a long time. To become a department head, considerable experience is required. As a rule, specialists with five years of experience are hired for such a position; they often also require experience in a management position, in addition to the main one, in their specialty.

Knowledge and skills

The job description of the head of the legal department is a sample of the most extensive document regarding the requirements for the applicant. Before getting a job in a management position, the applicant must learn a lot and learn a lot. The required set of knowledge includes the following items:

• legislative provisions and regulations relating to the business activities of business entities;
• tax, civil, labor, administrative and criminal legislation;
• methodological and regulatory documentation relating to the activities of the organization and industry;
• procedure and methods of conducting business, accounting and tax accounting;
• forms and details of documents used in the activities of the enterprise;
• the procedure for processing transactions and concluding contracts;
• labor organization rules, organization procedures, its documents and accounting policies;
• fire safety and workplace safety rules.

I. General provisions

1. The head of the legal department belongs to the category of managers
2. A person with a higher legal education and at least 5 years of relevant work experience is appointed to the position of head of the legal department.
3. Appointment to the position of head of the legal department and dismissal from it is made
4. The head of the legal department must know: 4.1. Legislative acts regulating the production and economic activities of the enterprise.
5. 4.2. Methodological and regulatory materials on legal activities.
6. 4.4. Tax, environmental, ____________________ legislation.
7. 4.5. The procedure for maintaining records and drawing up reports on the economic and financial activities of the enterprise.
8. 4.6. The procedure for concluding and formalizing business contracts, collective agreements, tariff agreements.
9. 4.7. The procedure for systematizing, recording and maintaining legal documentation using modern information technologies.
10. 4.8. Fundamentals of economics, labor organization and management.
11. 4.9. Means of computer technology, communications and communications.
12. 4.10. Internal labor regulations.
13. 4.11. Labor protection rules and regulations.

Personal qualities of the applicant

Law is a very complex industry in itself, requiring a certain mindset. A management position in this field adds a few more requirements to the list. So, in order to find the most profitable outcome of cases, contracts, transactions, the applicant needs a resourceful mind with a well-developed ability to think logically, build models of people’s behavior, and also simultaneously handle several possible situations. A good memory is necessary to quickly resolve emerging issues. In some situations, professionalism may need to take precedence over human feelings and emotions.

As for the position of a boss, leadership is invariably important here. If a person cannot lead his subordinates, he should not become a boss.

Responsibilities of the head of the legal department

Any job implies the presence of a certain set of rights and responsibilities for the employee in relation to the company, as well as for the company in relation to the worker. The job descriptions of the head of the legal department of a city administration or an ordinary commercial organization imply a roughly similar set of responsibilities:

• actions based on the interests of the organization, choosing the best possible scenario;
• compliance with trade secrets and secrecy status;
• completing your work on time;
• performing work of appropriate quality;
• notifying management about all force majeure situations, illegal acts on the part of employees and contractors of the company;
• correct behavior in and outside the workplace.

II. Job responsibilities

Head of the legal department:

2.1. Manages the activities of the Company's legal department, monitors the results of work and the state of labor discipline.

2.2. Provides methodological guidance to legal work in the Company and provides legal assistance to its structural divisions, subsidiaries and branches.

2.3. Develops personally or participates in the development of internal legal documents of the Company, their endorsement, conducts a legal examination of draft orders issued by the Company and endorses them.

2.4. Takes part in the work of concluding business agreements (contracts, agreements), preparing opinions on their legal validity, and endorses them.

2.5. With the participation of interested departments, services, divisions of the Company, prepares materials on theft, embezzlement, shortages and other offenses for transferring them to investigative authorities, courts of general and special jurisdiction.

2.6. Monitors the state of accounting and storage of court cases of general and special jurisdiction in progress and completed execution.

2.7. Analyzes and summarizes the results of consideration of claims, court cases of general and special jurisdiction, and also studies the practice of concluding and executing contracts in order to develop appropriate proposals to eliminate identified shortcomings and improve the economic and financial activities of the Company.

2.8. Personally or with the participation of interested services and divisions, prepares proposals for changing existing or canceling orders that have lost force, regulations issued in the Company.

2.9. In accordance with the established procedure, draws up documents to bring the guilty employees of the Company to disciplinary and financial liability.

2.10. Prepares draft orders for monetary payments to compensate the Company for harm caused to employees by injury, occupational disease or other damage to health related to the performance of their job duties, maintains records and storage of these cases and correspondence on them.

2.11. Together with departments and services, it participates in the consideration of issues regarding the liquidation of accounts receivable.

2.12. Organizes the conduct of reference and information work on the legislation and regulations of the Russian Federation using computer technology, as well as taking into account current legislation and other regulations.

2.13. Organizes and carries out work on legal propaganda, familiarization of the Company's officials with regulations related to their activities, and changes in current legislation.

Employee rights

The Labor Code requires workers and employees to have and observe the following rights:

• official registration at the workplace, social package, timely payment;
• availability of paid vacation and sick leave;
• workplace safety;
• equipping the workplace with everything necessary for the labor process;
• the opportunity to offer your ideas to improve the work process and working conditions.

Employee Responsibility

For violations of the country's legislation, internal regulations of the organization, inattention and errors in work, sanctions may be imposed on the head of the legal department. The following are situations in the work process for which the employee is personally responsible and can be fined, fired and even convicted by the executive authorities:

• non-performance, improper performance, absenteeism, systematic tardiness, violation of labor discipline, abuse of authority;
• offenses against other employees, the organization as a whole, clients or suppliers under criminal, administrative and civil law;
• causing material damage to the property of the organization and other employees.

III. Rights

The head of the legal department has the right to:

1. Get acquainted with the draft decisions of the director of the enterprise concerning the activities of the department.
2. Submit proposals for improvement of the activities of the enterprise and the legal department for consideration by the director of the enterprise.
3. Do not endorse draft legal documents that contradict current legislation.
4. Request personally or on behalf of the organization’s management from divisions of the enterprise and other specialists information and documents necessary to fulfill his official duties.
5. Involve specialists from all (individual) structural divisions in solving the tasks assigned to him (if this is provided for by the regulations on structural divisions, if not, then with the permission of the head of the enterprise).
6. Interact with the heads of all (individual) structural divisions of the enterprise.
7. Submit proposals for the consideration of the director of the enterprise on encouraging distinguished employees and imposing penalties on violators of production and labor discipline.
8. Require the director of the enterprise to provide assistance in the performance of his official rights and duties.