Lawyer activity

Lawyer activity 1. Legal position of foreign attorneys in the legal systems of different states Analyzing the verified legislation of foreign states it is possible to isolate two basic approaches apropos of the admittance of foreign attorneys to the legal activity in the territory of foreign state. The first consists of the complete isolation of the legal system of state from the participation of foreign attorneys. For example, the legislation of the

Ukraine indicates that can be occupied exclusively by legal activity the attorney, who in turn can be only citizen of the Ukraine. The second approach, is most common and specifies the admittance of foreign attorneys to the legal practice by the specified conditions and by the presence of the specific limitations in their activity. Questions of the regulation of the activity of the foreign attorneys of the legislation of states, as a rule, carry to their scope. For example, according to the verified legislation of the

republic of Armenia foreign attorneys achieve legal activity in the order, established by national legislation, if another is not provided by international agreements. This standard condition inherent in the majority of legislations proceeds from the principle of the primacy of international law above the national. So that the foreign attorney could be occupied in the territory of the assuming state by legal activity it was necessary its implementation.

The implementation of foreign attorney - this is procedure on start or reference of foreign attorney in the system of organs or individuals of those rendering legal services in the state territory. National legislations for the implementation of foreign attorney, as a rule, establish the specified conditions, only in the presence, which the foreign attorney can be occupied in this state by legal practice. What this there can be conditions? It is possible to conditionally divide them into two groups:

general and individual. The general conditions include the requirements, which conditionally relate to the state of the citizenship of foreign attorney. This condition, on which can be specified the implementation of foreign attorney, is the condition of the signing of bilateral agreement with the state of the citizenship of foreign attorney. Thus, foreign attorney can render juridical aid, if the corresponding agreement is signed with the

country of his citizenship. For example, according to the legislation Of kyrgyzskoy republic attorneys of the foreign states can render juridical aid in any form citizens and legal persons of " on the basis the intergovermental agreements Of kyrgyzskoy republic with the country of attorneys". The condition of reciprocity is the following disseminated general condition.

Thus, in the republic Tadzhikistan acknowledges the right of the attorneys of foreign states to the rendering to juridical aid in its territory, but it depends on the possibility of its attorneys to achieve analogous activity in the territory of state concerned. For example, if the Russian Federation allows the attorneys of Tadzhikistan to achieve legal activity in its territory, then

Russian attorneys, correspondingly, can be occupied by this activity in the territory of Tadzhikistan. The individual conditions include the requirements, presented to the personal qualities and the habits of foreign attorney. The individual conditions of the admittance of foreign attorneys in the legislation of the USA are especially clearly studied. Foreign attorney can be occupied by the verified activity in the

USA if: - it reached the age of 26 years; - was during not less than five years, attorney in the state of its citizenship; - it possesses the necessary moral qualities and satisfies the general requirements of fitness for membership in the bar association of the state, where it is assembled to operate; - it is intended to have in the USA its office; - it paid duty for the delivery of license. The implementation of foreign attorneys in question occurs in the specific form.

It achieve or specially to that the authorized executing agencies of power of the state or law court. IN the USA, for example, precisely the law courts issue license to the practice as the juridical consultant in the concrete state to foreigner. After the completion of the report of implementation, foreign attorneys can be occupied by legal practice, but with some limitations. Basic limitations is the prohibition of foreign attorney to render juridical aid, if this activity

will be connected with the state secret. One additional possible limitation is the prohibition of some states to open to foreign attorneys in its territory legal offices. Some states establish in their legislation such limitations, which, in the essence, block the participation of foreign attorneys in the rendering to juridical aid. Thus, rendering to legal aid by attorney- foreigners in the territory of

Azerbaijan is limited exclusively to the assignment of consultations and conclusions on the application of laws of the state, native of which he is foreigner, or international legal law". A question about the participation in the legal activity of the attorneys of foreign states in the territory of Russia is especially immediate in light of a change in the legislation. In the science a question about the admittance of foreign attorneys was always debatable.

Even in the period of the analysis of the projects of the law of "On the legal profession of the Russian", the number of civil law scholars was subjected to the valid criticism of position about the prohibition of admittance to the representation of foreign jurist. Unfortunately, the acting verified legislation of Russia actually removes the possibility of the participation of foreign attorneys in the rendering to

juridical aid in its territory. With the study of the problem about the attorneys foreigners it is necessary to distinguish two concepts: "foreign citizens, who received status of attorneys" and "the attorneys of foreign states". The first concept covers those, who are accepted in the corporation of Russian attorneys. For this they must finish Russian higher educational institution, possess length of employment in the territory of Russia and return qualifying examination.

The legal status of these persons in practice does not differ from status of Russian citizen, entering the corporation of Russian attorneys.Тhe concept of "the attorneys of foreign states" relate attorneys, entering the appropriate corporation of any foreign state and achieving legal activity in the territory of Russia. It is necessary to note that the standards of international law permit states to limit the admittance

of foreign attorneys to the rendering to juridical aid in their territory. The congress of United Nations accepted "Basic principles are the being concerned roles of laweyers" (Havana, on August 27 - on September 7, 1990), after fastening in them position according to which the demand of any state, about the fact that the attorney must be the citizen of the corresponding country, it is not considered as discrimination. But how does proceed the matter concerning the admittance of

the attorneys of foreign states for the acting Russian legislation? The attorneys of foreign state can render juridical aid in the territory of the Russian Federation exclusively on questions of the right of this foreign state. Let us examine the circle of possibilities on the rendering of the juridical services, given to foreign attorneys. The discussion deals with the so-called кollizion right - cases, when

Russian public organs in their activity are obligated to use the right of foreign state. In essence this concerns the standards of civil liberty, and so the adjacent it standards of family and copyright. According to international particular right, to the civil- legal relations with the participation of foreign citizens or foreign legal persons or the civil- legal relations, complicated by another foreign element, including in cases when the object of civil liberties is located abroad, can be used the right

of foreign state. In the case, when Russian law court with arbitration is obligated to use the rule of law of foreign state, for example France, the aid of French attorney would be not only useful, but also necessary. User acquired the washing machine of the production of the USA. As a result of a deficiency in the goods the fire and the destruction of house ownership of user

occurred. In the judicial session of Russian law court the user has the right to require application to the given juridicial relationships of the rules of law of the legislation of the USA. Specifically, in this case for the rendering to it of juridical aid can be invited attorney of the USA. It is possible to represent, to what extent will be rare in practice similar cases. The cases of the participation of foreign attorney in the criminal process are even less probable.

As is known, in Russia the application of foreign criminal- legal standards is actually excluded. It is possible to consider the procedure of extradition rare exception. From the government of state Austria entered the demand about the delivery of the person, who is found on the territory of the Russian Federation. With the trial of the exstradition matter in the law court, face can use the services of attorney of the Austrian republic.

This will be expediently because for Russian law court one way or another it is necessary in its trial to touch on questions of criminal law of Austria. Furthermore, the attorneys of foreign states it is forbidden to render juridical aid on the questions, connected with the state secret of the Russian Federation. Law requires that all foreign attorneys achieving legal activity in the territory of the Russian Federation must be introduced into the special list.

The limitations on the rendering indicated with the foreign attorneys of juridical aid in Russia lead to the fact that qualified legal assistance they can render predominantly those, who specialize in the legal system of Russia (i.e. Russian attorneys). However, it is present and the number of deficiencies in this limitation. First, the limitation of competition. The wider participation of foreign specialists, especially from

the countries with the developed legal systems and the rich practice on the rendering of juridical services, would go for the benefit both to the clients and to the Russian attorneys. This opinion was formed both in the practitioners and in those, who carry out theoretical developments in this sphere. In the second place, a number of the authors they note that possibility itself to obtain expert assistance of western legal firm can be evaluated as indirect the stimulus-

encouragement of the realization of foreign investments. The authors correctly note that " important foreign investor became accustomed to the special confidence interrelations with the West European attorneys or the attorneys of Wall Street, who were added by decades in the process of its commercial activity and who manufacture in it business confidence. This "psychology of habit", their orientation to the acknowledged

in the world law firms must be considered thinly by the legislator of the countries Of SNG". Thirdly, was no matter how independent Russian attorney from the state, in certain cases, for example into "louder" criminal near-political processes, the attraction of foreign attorney together with the Russian, would make legal protection of more independent variable and efficient.

For the purpose of a certain softening of the hard line of law is seen the possibility of the conclusion of the bilateral international agreements, in which on the reciprocity principles would be enlarged the possibilities of the participation of foreign attorneys in the rendering to juridical aid. Concluding bilateral international agreements, the professional level of the attorneys of the legal services allowed for the Russian market (for example, as to us it is presented desirable agreements

with the countries of Europe, USA and the like) would be controlled. In connection with the fact that the international agreements of the Russian Federation have the large juridical force than laws, similar bilateral agreements would act predominantly before limitation by those superimposed by the law RF of " On the legal activity and the legal profession of the

Russia". The absence of the practice of the conclusion of a similar kind of bilateral international agreements is an essential drawback in this proposal. Not one of the signed by Russia international agreements of legal nature, until they contain the rules, which regulate the participation of foreign attorneys in the rendering to juridical aid in its territory. 2. Legal and marketing bases of an establishment of the size of the lawyer fee

There is an old joke: on enthusiastic exclamation of the client: " Simply I do not know as well as to thank you, mister the lawyer " the lawyer, shrugged shoulders, has chilly answered: " Since finikiicy have invented money, it not a problem ". Actually the problem is, and at the lawyer. Having known independence in an estimation of the work, the lawyer (or other expert rendering legal services), should define cost of the services in view of

many, frequently inconsistent circumstances. How to take into account the interests and interests of the client, what criterion of an estimation of work to select? The price of service of the lawyer is the size of his fee. In conditions of the market she is formed under market laws and basically the contractual character based on a supply and demand has. Definition of cost of lawyer service depends on two factors.

First, financial attitudes of the client and the lawyer should correspond to lawyer ethics, and, second, provide to the lawyer a basis of his financial well-being. Let's consider the ethical rules produced and fixed during lawyer practice by which the lawyer is obliged to be guided at financial attitudes with the client. Rule of the spent work. In a basis of the lawyer fee the spent work, instead of result lays.

A subject of the contract between the lawyer and the principal is not the result (for example, the positive decision of court on business), and activity on granting a legal aid. The lawyer can be considered properly исполнившим the obligations if it has made all specified in the agreement with the client of action. Thus refusal of the principal of payment of services actually rendered to it is not supposed. For example, the client refuses to pay to the lawyer the fee, referring on that

circumstance, that the court has completely given up in the claim for business in which the lawyer participated. Pactum de quota litis. The lawyer is limited in the conclusion pactum de quota litis. The concept " pactum de quota litis " is meant as the agreement concluded between the lawyer and the client before removal of the final decision concerning an affair taking place in trial in which the client is one of the interested parties. Concluding agreements with similar conditions, the client

undertakes in case of removal of the decision in his advantage to pay to the lawyer compensation as a sum of money or any other form. In the attorney the right of Russia inclusion of a similar condition in announcement with the client is limited. According to rules of lawyer ethics the lawyer should abstain from the conclusion of the agreement on the fee at which payment of compensation is put depending on the termination of an affair for the

benefit of the principal. This rule is not distributed to receivership proceeding on which compensation can be defined proportionally to the price of the claim in case of successful end of an affair. For example, with the client it is impossible to include the following condition in the agreement: " In case of purpose to the client of the punishment which have been not connected to imprisonment, the lawyer receives the premium at a rate of 50000 roubles. "

Freedom of definition of the size of the fee. In the attorney the right there are no top and bottom frameworks of the size of the lawyer fee. The fee of the lawyer is defined by the agreement of the parties and can take into account volume and complexity of work, duration of time necessary for its performance, experience and qualification of the lawyer, terms, a degree of promptness of performance of work and other circumstances. A unique important condition thus is the requirement about that the size of the

fee of the lawyer was beforehand known to the client in full. Interdiction of a concession of the monetary requirement to the client. The lawyer cannot concede the right of the monetary requirement to the principal on the prisoner between them to the agreement to somebody. If by the general rule the creditor has the right to concede the requirement without the consent of the debtor under the financial obligation between the lawyer and

the client it is forbidden. For example, the client refuses to pay service already rendered by the lawyer. The lawyer cannot "sell" this duty to the persons professionally engaged in return of duties. It should or forgive a duty to the client, or independently solve this problem. Preliminary payment of the fee. The lawyer not only has the right, but also should aspire to reception of the fee by advance payment. It is connected to minimization of risk of refusal of the client from

payment of the lawyer services rendered to it. In a case no making the client of preliminary payment the lawyer has the right to refuse the further participation in trial of an affair or from granting services to the client. Restriction of assignment of a subject of dispute. To the lawyer it is forbidden any way to get property and the property rights being a subject of dispute in which the lawyer takes part as the person rendering a legal aid in personal interests.

For example, the lawyer participates in dispute concerning the real estate. Thus it can not, having taken advantage of becoming information known to it and the influence on the client to become the proprietor of this subject of dispute. Exception will be here the case when the principal voluntary gives such right to the lawyer. This circumstance should be particularly specified in the agreement between the principal and the lawyer.

Interdiction of debt dependence on the client. The lawyer should not put itself in debt dependence on the principal. This position does not concern to the fee of the lawyer. Interdiction of a pledge. The lawyer is forbidden to accept from the principal any property in maintenance of the agreement on the fee. For example, the client at the moment of the reference has no a financial opportunity to pay service of the lawyer. It offers the lawyer in a pledge the apartment.

The lawyer is obliged to refuse this way of maintenance of obligations. The second aspect of definition of cost of lawyer service - marketing. A problem of pricing - one of most acute problems, facing to lawyers. Unfortunately, the prices for lawyer services are established today chaotically. For the same service different lawyers can request compensation which size will differ in some times.

Lawyers intuitively define the financial strategy in relation to the client, and not always this choice is successful. Let's define some basic purposes of financial strategy of the lawyer. Recoupment of lawyer activity. The fee allows the lawyer to exist in the market of services. Overwhelming part of lawyers leaves corporation in connection with insufficiency of means for the maintenance in this community. Support status. If the lawyer is not the known expert, the client should learn and

understand his status. The price in this case acts as the tool of positioning of services, i.e. she gives to the lawyer the certain status in the market of legal services. Lawyer services are not always obvious and are usually consumed at the moment of their purchase. As they do not have physical qualities, clients tend to take services for granted or simply are at a loss in definition of their value. Actually the client frequently uses the price as the indicator

of quality of service. Elimination of undesirable clients or has put. The lawyer frequently uses the financial mechanism for refusal from improper to it has put. Appointing the client the price for the services, obviously not satisfying the client, the lawyer shifts on him burden of refusal of the further cooperation. Deduction or capture of a share of the market of legal services.

Using the price factor, the lawyer firm and the lawyer can advance the services in the market or keep the settled market from attempts of capture by his other legal firms. During the activity the lawyer can establish the prices much below, than competitors, at a level of competitors, are higher than the price of competitors. The question is, it should use what strategy. This question rises not only in the beginning of activity

of lawyer firm, but also at entry on a new segment of the market of legal services. There is a set of approaches to formation moneys practice of lawyers. From the point of view of marketing the lawyer can use the following strategy of pricing on the services: strategy of the high prices, strategy of the average prices, strategy of the low prices, strategy ultralow , strategy of the target prices, strategy of constant prices, strategy of the varied prices, strategy

of reduced prices, strategy of the prices concerning reflection in them qualities of services, strategy of the flexible prices, strategy of discounts from the prices, strategy of the discrimination prices, the mixed strategy. This list is not exhaustive as various situations dictate various conditions of pricing. Strategy of the high prices is applied concerning unsophisticated or solvent clients for whom at the reference to the lawyer are important not only quality of service, but also aspiration to confirm

the image due to payment to the lawyer sometimes obviously overestimated fee. This strategy allows to maximize the income of the lawyer. However she has also the minuses. So, the unsophisticated client further can learn, that the same level of service of other lawyers cost less, or the lawyer can not achieve result expected from him and then break between the paid price of service and its quality will find a special acuteness for the client.

Such client hardly once again will address to this lawyer, moreover, it can become a source of the negative information on the lawyer, that negatively will have an effect on image and will promote reduction of number of clients. Besides at the moment of the reference to the lawyer the client is in a special condition. Before it there is a problem demanding the immediate positive sanction (attraction to the criminal liability, receivership proceeding etc.).

At this moment the client is ready to pay obviously overestimated fee. However after the sanction of a situation the client leaves this condition and starts to suspect, that the bargain with the lawyer was for him enslaving. From here a plenty of claims of clients to the former lawyers concerning the overestimated size of their services. Strategy of the high prices yields good results, if:

1. The high price supports the high quality status of service; 2. High steady demand is observed on the part of the big number of clients, insensitive to the price (basically it is solvent clients); 3. The difference between the high and normal price is insignificant; 4. The competition is limited (for example, in small settlements, where only one or several lawyers); 5. Demand for services is higher than the offer. Than more than set forth above attributes take place,

this strategy especially will be effective. Strategy of the average prices consists in orientation on среднерыночные the prices. Complexity of application of this strategy consists that any official quotations of rates do not exist also concept " the middle price " rather conditionally. For use of this strategy it is necessary to find out average cost of lawyer services in region. Advantages of this strategy is, that she is less subject to risks of losses of incomes in the future

in comparison with strategy of the high prices. Besides if the client beforehand assumes the average price for the services given by the lawyer, it will not frighten off it because of fear of the compelled refusal for cooperation with the lawyer because of insufficiency of the finance. To lacks of this strategy it is possible to attribute short-reception of the certain profit on a concrete interval of time. That is the client presumed to itself the big cost of lawyer services.

To lacks of this strategy it is possible to attribute and its some unification which is not peculiar lawyer activity. Strategy of the low prices is reduced to the offer of qualitative services on a little bit underestimated in comparison with the middle values to rates, however sufficient that not only to cover cost of the resources spent by the lawyer on conducting of an affair but also to provide to it the certain profit. Such policy in long-term prospect is effective as the choice of the average client

is defined just by these in two parameters - quality and the price. At identical quality of offered services wins the one who sells more cheaply. Strategy of the low prices can be used by lawyer firms with the purpose of penetration on the new market , increases of the share in the local, already mastered market of legal services, attraction of clients. Strategy of the ultralow prices can be applied by the lawyer at a stage the firm or at a gain of a

new segment of the market (for example, the market of legal services of the next area) with the purpose of mass attraction of clients. In this case the lawyer works under the prices which can be lower than expenses for conducting an affair. Strategy is effective in the short-term period of time. Strategy of the target prices (or the target profit, the target income) pursues the purpose the certain size of the profit: for example, high profit within any concrete year, satisfactory volume arrived for

a number of years. At realization of the given strategy can vary quantity of rendered services and the prices, but the planned size of the profit should be provided. Strategy of constant prices consists in aspiration of the lawyer to establish and keep during long time constant prices for the services. In case of growth of costs the lawyer instead of revision of the prices aside increases changes structure of services, reduces time for rendering of services etc.

thus it is supposed, that the client prefers such changes to a rise in prices. The given strategy can be applied to separate groups of clients which are extremely sensitive to change of the prices. She will be most effective only in the advanced market of legal services. Sensitivity of clients a price level is defined by such factors, as uniqueness of service, expenses for switching for services of other lawyer, затрудненность comparisons, an estimation of quality through

the price, dearness of service, a measure of "validity" of the price, the importance of an end result. Strategy of the varied prices consists in change by the lawyer of the price of service as soon as there was a change of costs and demand. She is applicable only on advanced, the territorial markets of legal services. To use this strategy, the lawyer should hold a hand on pulse of changes in the market, steadfastly watch competitors. Strategy of reduced prices consists that on the most "

running" services the lawyer establishes the prices of below normal market price. The purpose of such strategy - attraction of clients in hope, that after consumption of any service they will get other services. However it is necessary to mean, that this strategy can appear improper on long time as clients begin to perceive the underestimated prices as normal. Strategy of the prices concerning reflection in them of quality of services consists that the lawyer

at definition of the price of service always estimates its quality. High quality in most cases means the high price. The level of the price can form base of an estimation of quality of offered service. The price is quite often used as means of allocation of high quality service from services of usual quality. The high price for services can serve as the tool of creation of reputation of the lawyer and also to be a source of reception of the additional income.

Strategy of the flexible prices is reduced to that the lawyer changes the prices for the services depending on ability of the client to bargain (from his consumer force). Clients who can bargain, pay lower prices, than those who is not able to do it. Such clients, as a rule, are well informed on the prices for services at other lawyers. This strategy is applied on the territorial markets.

Strategy of discounts consists that at the certain market situations the lawyer for strengthening position in the market uses various discounts from the usual prices. It is possible to allocate some kinds of discounts: 1. Discounts from the price for purchase of a plenty of services are established with the purpose of preservation of the greatest possible volume of services given by the lawyer.

For example, cost of drawing up of the statement of claim in a package deal on conducting a civil case in court will be much lower, than a single spelling of this legal document; 2. Bonus discounts are given constant clients. The lawyer is familiar with behaviour of the constant client on the previous affairs. It is very important from a position of an establishment of the price for lawyer service in connection with that the basic time and emotional expenses of the lawyer falls

to dialogue with the client (usual duration and comfort of conversation with the client, sense of duty of the client etc.). If the lawyer is sure in absence of problems with the constant client, it can lower for the last cost of the services; 3. Special discounts are done for clients in whom the lawyer is especially interested. For example, to the lawyer "loud" business is offered to a message. In this case participation of the lawyer in process will be to it good advertising.

For this reason it is expedient to discount to the client with the purpose to receive business; Preferential discounts are established with a view of stimulation of selling of the certain kinds of lawyer services. So, the given strategy of discounts from the prices can be applied both to increase of a share of the market, and for its deduction. Strategy of the discrimination prices consist that the lawyer takes into account not distinctions in costs, and distinctions in consumers, services, a

place, in time etc. As a rule, the sizes of costs for execution of the assignment of the client for the lawyer are insignificant. The basic sum of the fee is net profit of the lawyer. Because of this part of the fee also it is necessary to apply strategy of the discrimination prices. The establishment of the discrimination prices is carried out in the following forms: 1. Establishment of the prices for services in view of a financial condition of the client.

For the lawyer it is important to establish such cost of the service which the concrete client can financle afford. That is the lawyer should estimate a financial condition of the client. If the lawyer will overestimate the price of the service, the client will refuse it because of impossibility of payment. In case of a undercharge the client also can refuse service, having counted the lawyer "cheap". There are some strategy of definition of "cost" of the client: appearance, a

place of work, structure of family, essence of an affair of the client; 2. Establishment of the prices for recommended clients. There is enough frequently to the lawyer clients under the recommendation of other former clients of the lawyer address. In this case it is expedient to overestimate cost of services as a minimum for a quarter in comparison with cost of already rendered services to initial clients

Establishment of the prices in view of variants of rendering of services. Exist enough elements during rendering the lawyer help. It concerns to lawyer investigation (the reference with lawyer inquiries, departure a place of incident etc.). As a rule, these actions do not concern directly to legal activity, but borrow(occupy) from the lawyer a lot of time for their fulfilment. If the client incurs a duty to carry inquiries of the lawyer,

to carry out photographing, to talk to witnesses, cost of lawyer services will be one. If all this will be carried out by the lawyer, cost of services should be, as a minimum, twice above; 3. Establishment of the prices in view of a site. For example, rendering of services in-home, i.e. departure the nontransportable client. The lawyer pawns in the price of service the factor of remoteness of a place of rendering of service

from the location of the office. Naturally, cost of litigation in area of a presence of lawyer office will be lower, than the process which is taking place in remote area or in general in the other city. The mixed strategy include those or other of set forth above strategy. Their huge set as depending on the usual situation the lawyer can apply a combination of various price strategy. And it is necessary to note, that the mixed strategy as seldom there are perfect conditions

for realization of any one are in most cases applied. In the market of legal services of the advanced countries the price is not strongly dominant factor of competitive struggle. Much more important for potential clients at a choice of the legal partner appear a degree of trust to the lawyer and a guarantee of qualitative, confidential and duly service. There are different ways of formation of cost of services of lawyers: work for interest from commercial

benefit of the client, hourly payment and the fixed payment for the executed work. Percent from an affair. At the given way of pricing lawyers receive the interest determined by the contract from commercial benefit of the client. Commercial benefit here is understood as volume of money resources which is received by the client in case of success in the legal conflict. At first sight such system the most fair: lawyers receive the fee in case of success, i.e. for concrete

result - extraction by the client of commercial benefit. However both clients, and lawyers face with the certain problems. The problem of lawyers consists that all work should be focused on achievement of result. In case of failure on any of stages of realization of the project lawyers can remain without the fee even if this failure has taken place not on their fault.

Problem of clients that, as a rule, at the given way of pricing there is a tendency to overestimate of cost of legal services. Besides frequently at the client the psychology " the outstanding service works is possible ". In a result we have the following picture: clients are ready to give let the most part of the commercial benefit, but only on the fact of its reception, and lawyers are ready to risk for the sake of higher profit. Such form of payment is applied, as a rule, in brave affairs.

It first of all tax, debt and receivership proceeding. More often it not typical, but specific projects. The Russian market in price aspect неструктурирован and изменчив, the rate of interest changes from 5 up to 45 %. To the major factors determining a level of the rate, it is possible to attribute(relate): 1. Complexity of an affair (direct dependence); 2.

The size of dispute (inverse relationship). The rate on large tax disputes makes 10-15 % of economic benefit. On the disputes connected to penalties, interests and losses, the rate on the average above also reaches(achieves) 25 %. In the market of problem actives (disputes with bankrupts etc.) the rate changes about 45 %. Quite clearly, that the level of the rate of interest grows depending on a degree of riskiness of an affair. Key making elements of structure of cost are the advance payment, or advance

payment, the budget of the project and the fee of success. At a percentage kind pricing there are some forms of payment: 1) All payment of services is carried out on the fact of end of an affair, and a covering of the budget of the project come on the executor. In this case the fee of success the highest; 2) Under the contract advance payment is paid, and the budget of the project shares half-and-half between

the client and the executor; 3) Under the contract advance payment is paid (on the average 25-30 % of the sum of the contract), the client pays also the budget of the project. At such variant the sum the fee of success the least. As we already marked, questions of the fee of success are settled by lawyer ethics. Hourly payment. The essence of her is rather simple: the hour rate of work of the lawyer, total of

hours is stipulated and upon termination of the project to the client the account in which all time spent by the adviser on the project is in detail painted is exposed. This form of payment has come to Russia from the west and gradually gets accustomed here though many clients still prefer to specify in the contract full cost of works or interest from the commercial benefit. Hourly payment guarantees to the executor that all time spent for work, will be paid, but at the same

time it loses an opportunity to receive superprofit in comparison with a way of pricing " interest from the profit ". The similar system is favourable to the client then when it precisely can supervise work of lawyers and is sure in their conscientiousness. The hourly system of payment is applied, as a rule, in affairs. The hour rate rather strongly differs in the western and

Russian companies: its size depends on qualification of the lawyer. As a rule, the client can not affect distribution of the operating time spent by different lawyers. By results of researches, in conducting western companies the size of the hour rate varies from 90 dollars for the younger lawyer up to 450-600 dollars - for the partner; the business hour of the average expert costs 200 dollars. In the western companies of the second echelon the size of the hour rate does

not exceed 400 dollars. In the leading Russian companies lawyers take in one hour from 100 up to 250 dollars. Offers from the companies under the hour rate of work of the expert are lower than 100 dollars are or a dumping aimed at deduction of the concrete client, or a signal about low quality of rendered services. Payment for a legal product. It is the form of payment for the ready circuit, a legal product; differently is a price-work form of payment. The most simple and a bright example - drawing up by the

lawyer of legal documents and legal consultation. Cost of a ready product is usually defined as a result of a combination of several approaches. First, the approach - the volume of time spent for creation of a product - defines the cost price of a product. For example, cost of the statement of claim will be influenced with such circumstance, as presence at the lawyer of a pattern of the statement of claim for similar business.

Second, the important role play a level of demand on the given product and presence of competitive offers; differently - market conditions. For example, drawing up of the complaint in the European court under human rights will cost more dearly, than drawing up of the cassation complaint because of absence of a competition in this market. There are two cases when lawyers resort for payment for a ready legal product:

1. If there is a ready typical product which after some completion can be sold to the client (for example, base of typical contracts); 2. In a case if as a result of negotiations it is more favourable to parties(sides) to agree upon the fixed sum. Legal products can be subdivided on "simple" and "complex. To "simple" typical services which appear by one technique concern and not strongly differ depending on the client (registration and licensing of legal persons, drawing up of sample contracts

etc.). More "complex products it is what demand deeper study . Independently among legal products legal circuits and decisions, for example, оптимизационные tax circuits cost. The more difficultly the legal product, the is less structured the market, the prices on which can differ in tens times. User's service. In the market there are also various combinations of forms of payment. So, for example, user's service is a combination of hourly payment and payment for a legal

product. The client concludes with lawyer firm the contract on service, in the contract the monthly quantity of business hours of lawyers is underlined. Having signed the contract, the client receives a ready legal product. The average volume of "qualitative" user's service in the market makes 20-30 hours per month, and cost changes from 120 up to 200 dollars at one o'clock.

It is impossible to draw conclusions on the absolute superiority of one form of payment over another. Use of this or that variant is caused by customs of a business revolution and market conditions. The wide circulation in Russia payments under the circuit " interest from commercial benefit " speaks an abundance of brave has put and some more the not generated structure of the market. At the same time in the settled western markets of lawyer services the hourly payment reducing an opportunity

of reception of superprofit, but providing stability of monetary streams is accepted. Once again we shall emphasize the basic idea of strategy of pricing on services of the lawyer. Programs of pricing for services of the lawyer demand more creative and intuitive estimations, than the program of pricing for other products. In pricing lawyer services the differentiation of clients when different clients pay the different prices for the given service is frequently used.

The approach from demand, than the approach from expenses is here too applied more intensively to achieve a maximum of the profit on the basis of uniqueness of character of lawyer service.