TITLE: Legal outsourcing is an effective business standard.
Comprehensive business legal support, subscription legal services and legal outsourcing are synonymous, to a greater extent, the difference comes down only to the details. The meaning of these concepts can be summarized as follows: the client's delegation of legal duties (part of the duties) to an external law firm with the necessary competencies to solve legal business problems.The very concept of outsourcing, which comes from the English outsourcing: (outer-source-using) the use of an external source and/or resource, has absorbed the whole essence of delegating authority to third-party organizations.Disputes about which form of legal support is the most effective for business, external legal support, or an internal legal department, are ongoing. In our opinion, both forms of legal support have a right to exist, and the degree of their effectiveness is determined, in each case, by the professional level of lawyers. Moreover, we consider the opposition of these forms of legal support to be destructive and not solving the problem of choice for the client.In this article, we will focus on the advantages of delegating legal responsibilities to external companies and, as a result, increasing the level of legal protection and business efficiency.Profitability:It is no secret that the amount of payment for external consultants directly depends on the amount of work, the cost of monthly maintenance can be 5,000 rubles, if a small company needs only advisory legal support from the organization's employees, or the volume of document flow is minimal, but requires qualified legal expertise (contracts with counterparties, claims).Using simple mathematical operations, it can be calculated that the cost of a standard hour for a full-time employee or a legal department, with a comparable amount of work, regardless of the size of the business, is significantly higher, and it's not just about the monthly salary, but also about mandatory deductions (FTS, FIU, etc.), social and insurance benefits., the arrangement and maintenance of a lawyer's workplace, including the need to purchase and pay monthly for legal reference systems, and professional development.Legal outsourcing is more cost-effective due to the fixed cost of legal services without additional burden on the company's budget.Collegiality:It is important to understand that when choosing legal outsourcing, the legal tasks of a business are delegated not to one specialist, but to a team of lawyers, each of whom has a specialization in a particular branch of law, which greatly increases the efficiency and quality of the work performed and reduces the time required for its completion.Full-time legal departments, as a rule, specialize in "a little bit of everything", which can lead to a decrease in the quality of completed projects, especially in cases where the project requires in-depth knowledge of a particular branch of law, or the legal task is very voluminous.In addition, mistakes made, due to the incompetence of a full-time employee, or insufficient control by the legal department over its execution, do not always manifest themselves at the stage of preparing documents, but manifest themselves later, however, full-time employees are responsible only within the salary, which in most cases is not comparable with the damage to the business resulting from the flaw. such a "specialist".Relevance of information Due to the variety of legal tasks faced by outsourcing companies, constant monitoring of changes made to the legislation of the Russian Federation and their application, including judicial practice, is more than necessary, as a result, the client receives legal support at a qualitatively different level.Contractual relations As mentioned earlier, full-time employees are not always responsible for the damage caused to the company. While work with an outsourcing company is carried out on a contractual basis, it allows the business manager to specify in detail both the amount of work performed by an external company, as well as responsibility for its non-fulfillment / improper fulfillment, and the damage caused.Geographical advantages With the development of modern telecommunication technologies, businesses have a real opportunity to provide themselves with qualified legal support, regardless of the location of the company. In 99% of cases, a lawyer's physical presence in the office is not required. However, even if necessary, this condition can always be included in the contract.Despite the absence of an obvious need for a permanent, physical presence of a lawyer in the serviced organization, we pay special attention to joint activities with serviced organizations aimed at updating the goals and objectives of legal support for each specific organization, which also increases the efficiency of the work performed.Outsourcing or a full-time department?Each business leader independently gives himself an answer to this question, depending on many factors: the size of the business, the budget for legal support, legal goals and objectives, and many other factors influencing the choice.So is it worth contrasting legal outsourcing with a full-time legal service?Our practice shows that it is not. There are a huge number of possible cooperation options, including with companies that already have a full-time legal department. In such companies, full-time lawyers often perform routine work that does not require special knowledge and experience in a particular branch of law, while an outsourcer company is involved in special, complex, or multi-stage tasks that require other high-quality competence, such as support for large transactions and investment projects, tax risk optimization, corporate disputes, and judicial representation. and P.R., the list of services and tasks outsourced is extremely extensive. Combining full-time employees and delegating legal tasks to external consultants is more likely to be a choice for medium and large businesses.In the case of small businesses, since any company needs legal support and solutions to legal problems, but the budget is more limited, such organizations opt for one of the options, either a full-time department or legal outsourcing, which is more cost-effective and offers a wide range of legal services in the absence of obvious disadvantages.The lawyers of the law firm Karpunin, Konovalov and Partners have solid experience in legal business support, which allows them to summarize the practice of legal outsourcing in KKIP and its relevance by industry.:- Comprehensive legal support for business;- Development and analysis of legal documents (contracts, internal regulatory documents);- Collection of accounts payable;- Settlement of accounts receivable (debt restructuring);- Resolution, optimization of tax risks and taxation;- Legal support of transactions, including large investment projects, ensuring their legal security (examination of assets under the due diligence procedure);- Settlement of corporate disputes and disagreements;- Judicial representation.Thus, the advantages of legal outsourcing, in its pure and/or mixed form, are obvious, and the emerging trend in the business community indicates its relevance, high-quality development and allows us to consider it as an effective business standard in solving legal problems. 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