Frequently Asked Questions

The frequently asked questions on the provision of legal aid lawyers of the law office of St. Petersburg «Inmarin».

1. What difference maritime lawyers from lawyers general practice?

The difference is to systematically accumulate many years of experience resolving cases in the same industry regulation. It gives an opportunity to operate not only common, but also the special regulations of the (international conventions, regulations, binding decision of the Harbour Master, navigation and sailing directions, customs seamanship), as well as judicial and administrative enforcement practice, which ultimately It provides the ability to predict the prospects of the case and to manage risks in a timely manner in order to achieve the result charged.

2.Difference between an attorney of lawyer.

The attorney, in contrast to a lawyer in the Federal Law of 31.05.2002 N 63-FZ "On Advocacy and the Legal Profession in the Russian Federation" independent professional adviser on legal matters of the exclusive right to give official advice, opinions and information, draft documents, present interests of the principal in all types of industries, including defense in criminal cases.

Only an attorney the right to collect information and documents for legal aid (proof), by request of a lawyer, interviewing people, recording information by technical means. The answer to the request for an attorney is required and supported by administrative sanctions.

For information about applying to a The attorney, in contrast to a lawyer in the Federal Law of 31.05.2002 N 63-FZ "On Advocacy and the Legal Profession in the Russian Federation" independent professional adviser on legal matters of the exclusive right to give official advice, opinions and information, draft documents, present interests of the principal in all types of industries, including defense in criminal cases.

Counsel shall be liable for providing qualified legal assistance, because no attorney formation agreement on legal assistance is directly between the attorney and the client.

3. What is the certificate of the Russian Maritime Register of Shipping (RS)?

This ensures compliance with the rules of the lawyers to the PC maintenance activities of vessels in the course of providing legal assistance. Guaranteed compliance with the order the final results of its execution, as well as the quality of legal aid in accordance with the requirements of safe navigation. All consultations and documents prepared by lawyers within the scope of certification, are accompanied by a quality mark PC and can be used as an official branch of expert opinions, including in the organs of state power.

4. How many years the company on the market?

LLC "Inmarin" was registered 29.06.2010 years from that date fragmented practice Lawyers Law of the Sea was formed in the same organization.

12.23.2013, the legal assistance was separated from commercial activities in the Law Office of St. Petersburg "Inmarin" and LLC "Inmarin" redirected to the sea intermediary in the sale, chartering and insurance of ships. On 04.16.2015, the "Inmarin" is a registered trademark.

5.What languages is legal aid?

Legal assistance is provided in English, Russian, Finnish, German, Turkish and Hebrew. Legal assistance in other languages is carried out with the help of an interpreter.

6.Do you have practics  not related to sea and river transport?

For the production of the case are taken in the field of maritime and river transport. These are things that lie in all areas of law that are related to water transport. Issues of customs, tax, labor, immigration legislation arising from the implementation of activities at sea and river transport are covered by qualified lawyers of the law office "Inmarin."

Qualifications, scope of certification, professional liability insurance policy covered by the lawyers providing legal aid only in the industry of sea and river transport.

If the industry in the delivery of legal aid there is a question that lies in a different field of knowledge, attracting lawyers on a contractual basis of the relevant experts.

7. How are you allow conflicts of interest?

The attorney is not entitled to be an advisor, advocate and representative of several parties in one case, whose interests contradict each other, but can only contribute to the reconciliation of the parties. Before signing the order made a gut check for the presence / absence of instructions to the same case by principals with conflicting interests. Priority is given to the provision of legal assistance to the principal, who had previously signed the order and legal aid. In the event of a conflict of interest attorneys seek the consent of trustees to continued execution of the order and in case of such an agreement, the parties to promote reconciliation, ensuring equal protection of the interests of each side.

8. What is the agreement on legal assistance in the form of a merger?

In accordance with Art. 25 of the Federal Law dated 31.05.2002 N 63-FZ "On Advocacy and the Legal Profession in the Russian Federation" Advocacy is carried out solely on the basis of an agreement on legal assistance between the lawyer and the client. The conclusion of a treaty is not permitted by the legislation. Agreement on legal assistance in the form of a merger is a contract, the terms of legal aid which are defined in a standard form and approved by the order of legal practice. Terms of providing legal assistance in this connection the agreement accepted by the principal not only by way of merger (Art. 428 of the Civil Code).

9. What is necessary for the conclusion of an agreement on legal assistance?

For legal entities: company name, BIN, TIN, name, patronymic of the head, the organization contacts, bank details.

For a physical person: a copy of the passport, contact details, details.

To conclude agreements with individuals and legal entities must specify the name, first name, phone, email a specific person responsible for the adoption of legal aid. It is a person sends and receives using these means of communication information constituting attorney's secrets.

10. What determines the amount of remuneration for legal aid?

At the law office of St. Petersburg "Inmarin" mixed system is used to establish the fee for the provision of legal assistance and applied separately or simultaneously, the following types of fees:

an hourly fee for the reimbursement of real labor lawyers and other professionals;
success fee (contingent fee) to pay for a favorable result achieved by our lawyers (% of principal actually received money or value of the property);
permanent fee to pay for legal aid on a monthly or annual basis - a subscription service;
Remuneration for legal aid is always assigned appropriately qualified specialist, the complexity of the case and the results obtained by the principal activities of lawyers.

11. What you hourly rate?

Actual hourly rate specified in paragraph 2 of Article 3 of the Agreement on legal assistance.

12. What is the minimum and maximum number of hours of instruction?

The minimum and maximum number of hours specified in the order for businesses with uncertainties. This case related to the representation of interests in relations with government agencies and other third parties. Based on past experience, the lawyers indicate the minimum and maximum number of hours that can be spent on the provision of legal aid. The principal pre-pays the minimum number of hours, and if needed additional time due to circumstances related to the activities of state bodies, paid the difference between the minimum and maximum number of hours.

13. When the conditions for the payment of success fee (Conditional fee) are considered to come?

Success fee is payable within five (5) banking days from the date of the favorable result of execution of the order of the Principal, who may be receiving money to collect a debt on the current account, savings funds / property, transfer of property in actual possession.

14. What kind of assistance is provided by lawyers for free?

Estimation of prospects of business and the selection of means of resolving the dispute;

Risk Assessment under the contract or project;
Information about the necessary permits, licenses and certificates for activities;
Legal assistance to crew members of sea and river vessels, which harmed the implementation of professional activities (limit set Affairs managing partner annually);
The costs of representation are free from the date of enforcement of the judgment for the recovery of the costs of representation with the opponent.

15. How are the terms of payment?

Legal assistance is carried out under the terms of the advance payment. Advance payment may be made, as for a single action to execute orders, and for the execution of all orders in general.

16. As a way supports payment?
Remuneration for legal aid made by wire transfer payment orders via bank transfer via the electronic payment system, debiting a bank card through the terminal Law Office.

17. What is the nomination of a lawyer?

The appointment of a particular lawyer as a representative on the case by signing the order, power of attorney and directions to all parties involved in the case of the letter. From the date of nomination of a lawyer on the case all communication with third parties are made on the basis of a power of attorney lawyer and warrants. An important consequence of the nomination is that of the date nomination Principal undertakes to exclude any own contacts with other participants in the case and in the case of attempts to establish such contacts to inform the initiators of the need to appeal to the lawyers of the principal. Nomination saves time advocate of the principal makes available to participate in the conflict-ridden relationship and excludes the impact on the principal from opponents. This ensures results achievement qualified legal assistance.

18. Is it possible to subscription service?

Yes, it is possible by pre-paying a predetermined number of hours in the month / six months / year. Average number of hours required for legal aid in certain periods, determined by assessing the scope and content of the principal document. Subscription service possible in relation to the provision of the following types of legal aid: Help and advice, representation in the commission of registration actions, drafting, editing, legal examination and approval of outside court documents (contracts, applications, tasks, orders, reports, etc.). In the case of a permanent legal aid office (court, administrative body) is carried out on a reduced hourly rate or at a discount.

19. Why do you use the CRM?
The system of customer relationship management (CRM) involves the connection of e-mail authorized representative of the principal to the system and receive the latest by e-mail notifications about all the actions in the case. Additionally, if desired, after authorization in the system representative of the principal fixation can see all the action on the case on the same browser page in chronological order, as well as the time spent on the case of appointed experts. CRM eliminates the loss of history history of correspondence between the principal and lawyers, as well as allows you to organize and make operational the discussion directly during the provision of legal aid.

20. What guarantees legal aid?

Payment of the remuneration mostly made dependent on the achievement of progress in providing legal assistance;

Meeting deadlines legal aid is guaranteed up to 20% of the remuneration.
The quality of legal aid guaranteed by the personal responsibility of the lawyer in the amount of 100% compensation for the execution of orders, as well as professional liability insurance for lawyers in the amount of 100 000 000 rubles.
 If the case, there are risks that can not be controlled, the principal warned them before the start of the proceedings. Lawyers' Inmarin "based on his own experience in providing legal assistance to the industry of maritime and inland waterway transport, to take over the case, with the prospect of a favorable resolution in the interests of the principal.

21. What is the mode of operation of the company?

Office hours: 9:00 - 19:00

Emergency legal aid and legal advice on the admissibility of cases is carried out daily and round the clock.

22. Do you provide assistance in the regions?

Legal assistance in the regions in terms of counseling and preparation of documents is carried out by reacting an e-mail, as well as teleconferencing, video conferencing.

Legal assistance in the regions in terms of representation in the government and in relations with third parties via the authorized representatives of the regional and / or by means of a lawyer in the respective regions. If technically feasible, to participate in court hearings arbitration courts use videoconferencing through arbitration courts.

23. What are the costs and rewards? How do they compare?

Reward - the amount of funds for the activities of a lawyer on the execution orders, legal aid. The fee also includes time spent on the road to the place of legal aid.

The costs - the amount of money needed for the execution of orders and promote the interests of the principal, except for the remuneration of a lawyer. Expenses are state duties, fees, travel, office work (copying, scanning, etc.), Professional services and more. Expenses prepaid Law Office separately from fees and expenditure on enforcement of orders. The costs are not the property of lawyers. The lawyer assigned to the case shall take into account the financial documents concerning the payment of the amounts received as an expense to third parties. Spending limit for each act or order as a whole is indicated in the order.

24. How does the counsel appointed for legal aid? Can the work be done on the instructions of the assistant attorney with a minimum hourly rate?

For legal aid appointed experts with the proper nature and significance of business qualifications, experience, status, and hourly rate. For example, if it is related to customs relations in the field of merchant shipping, for the execution of the order will be assigned a lawyer, has a master's degree Law of the Sea, the status of customs representative and experiences of disputes with customs authorities. The individual secondary action in such a case related to the collection, registration, filing and obtaining the documents can be executed clerks or paralegals, as this does not usually require considerable skill. In the appointment of a lawyer may be taken into account the wishes of the principal, but such requests should not be at the expense of performance of the commission.

Yes, on certain assignments all actions can really be made paralegal. These commissions include mainly procedural acts or activities related to the collection, compilation and execution of information and documents. Assistant attorney is not entitled to representation in court and does not have the right to formulate the legal position, and the principal recommendations, as one does not bear personal responsibility carried by the lawyer for their actions to the principal (see. The answer to question number 2).

25. Have I to pay a fee for the provision of legal assistance to value added tax?

Interest on the agreement on the provision of legal aid is not subject to VAT. In accordance with Part. 2 tbsp. 25 of the Federal Law dated 31.05.2002 N 63-FZ "On Advocacy and the Legal Profession in the Russian Federation," the agreement is a civil contract, concluded in writing between the principal and the lawyer (lawyers) for legal assistance to the principal or a designated they face. Parties to the agreement are the lawyers of education, on the one hand, and the organizations and individuals - from the other side. According to article 143 of the Tax Code, the taxpayer value added tax are the organizations and individual entrepreneurs. As follows from paragraph 2 of Article 1 of the Federal Law dated 31.05.2002 N 63-FZ "On Advocacy and the Legal Profession in the Russian Federation" Advocacy is not a business, and lawyers do not have the status of individual entrepreneurs.

26. Can you give attorneys confidential information or information a trade secret?

Yes, all of the information reported by the principal lawyer up and advocate secrecy shall not be disclosed by virtue of Art. 6 of the Federal Law of 31.05.2002 N 63-FZ "On Advocacy and the Legal Profession in the Russian Federation" and Art. 6 of the Code of Professional Ethics lawyer:

Professional secrecy is an absolute priority for the lawyer. Shelf life secrets are not limited in time;
The lawyer can not be released from the obligation of professional secrecy by anyone other than the principal;
The lawyer can not be summoned and questioned as a witness about the circumstances became known to him in connection with the appeal to him for legal assistance or in connection with its provision. The lawyer is not entitled to give evidence about the circumstances that have become known to him in connection with the performance of professional duties;
Rules of professional secrecy shall apply to: the fact of access to a lawyer, including the names of principals, all the evidence and documents collected by a lawyer in the preparation of the case, the information received by counsel from the trustees, trustee information that has become known lawyer in legal aid the content of the legal advice given directly to the principal or his designated all Law proceedings, the agreement on legal assistance, including cash payments between the lawyer and the client, and any other information related to the provision of legal aid lawyer;
Lawyers engaged in professional work together on the basis of a partnership agreement, with legal assistance should be guided by the rule on the distribution of secrecy on all partners.
Rules of professional secrecy shall apply to assistants and trainee lawyer as well as other employees of lawyer formations.
Regardless of the signing of the order in a particular case from the date of accession to the principal agreement on legal assistance all the information communicated by the principal lawyers constitute advocate secrecy.

Soderazhanie this list of questions and answers required to use in interpreting and determining the meaning of any provisions of the agreement on legal assistance Law Office of St. Petersburg "Inmarin.": EURO, USD