Form of the contract of paid rendering legal services

This article is devoted to a problem of a form of the contract of paid rendering legal services. In it various forms of the specified contract including combined are analyzed, contradictory judicial practice on this matter is given ambiguous, sometimes. The need for standard model of the paid contract of legal services is proved. The uniform form of the considered contract as the procedural document in the form of the standard contract of paid rendering legal services is offered. The norms governing the relations on paid rendering legal services could contain in Chapter 39 of the Civil Code of the Russian Federation as the separate paragraph, as "consumer work" in the head "in a row". In such option these norms would regulate only legal services, would be more accurate and detailed. Also the question of a form of this contract would be specifically settled. Practice shows that use only of the general provisions on a form of the transactions enshrined in the Civil Code of the Russian Federation to the relations on paid rendering legal services is not enough. Surely there has to be a separate article of the Civil Code of the Russian Federation about a form of the contract of paid rendering legal services. Summarizing, it is possible to come to a conclusion that a question of a form of the contract of paid rendering legal services not such idle time as it seems at first sight that the form of this contract has essential value. Against the background of brought ambiguous, the time of contradictory judicial practice in this question, more accurately shows the need for contract "sample", for "standard" Standard "model". The basic value for the solution of this question was gained by the Federal Law "About Lawyer Activity and Legal Profession in the Russian Federation" which focuses on two civil forms of the contract, concretizing them - the contract of an assignment or the services agreement. Despite such definiteness, many do not distinguish these two contracts and do not see advantages of one of them before another. The author considers that the contract of paid rendering legal services, containing such essential conditions as a subject, the price, terms, and others, could become an optimum form. Due to the above it would be necessary to include additional Article 779-1 under the name "Contract Form" in Chapter 39 of the Civil Code of the Russian Federation. It would be possible to state this article as follows: "The services agreement has to be made in a written (standard) form if other is not provided by the law, the contract, or does not follow from a being and the nature of the rendered services". Respectively it is necessary to include also in the law on lawyer activity of change, having excluded from Article 25 the instruction on the contract of an assignment, to leave the only standard contractual form - paid rendering legal services. Legislative fixing of a uniform form of the considered contract as the procedural document in the form of the Standard contract of paid rendering legal services would be an optimal variant.

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