Legal adviser of an organization - free course from the Russian School of Management, training, date: December 7, 2023.
Miscellaneous / / December 09, 2023
If you work as a lawyer in a company and want to:
— Update your knowledge of the judicial process.
— Complete a continuing education program.
— Learn innovations that relate to preparing for a court hearing and working with evidence.
— Understand how to organize judicial work at a systemic level.
— Learn about changes in the main provisions of civil legislation, as well as the practice of their application in the courts.
We invite you to the “Organization Legal Adviser” course, which is designed taking into account the needs of company lawyers whose workload is mainly related to the judicial representation of the organization’s interests in court.
Specialist in litigation, claims and contract work. Has experience working in legal departments of companies. Participant in industry conferences.
Lawyer, General Director of Interregional Economic and Legal Collegium LLC, has more than 20 years of practical experience.
Transactions. Liabilities
• Transactions. The importance of classifying transactions for practical application. Contents of the transaction. Basis (purpose) of the transaction. The relationship between the transaction and other actions and legal facts. Legally significant message and transaction. Responsibilities under a unilateral transaction. A transaction as an actual action. Doctrine of consideration
• Transactions in violation of the powers of the representative. Methods for validating a deal
• Transactions and the rule of Estoppel. Trades and the Weak Side Protection Rule
• Invalid transactions. Voidable and void transactions. Problems of challenging transactions. Imaginary and feigned transactions. Abuse of right
• Commitments. Alternative and optional obligation. Obligations of the debtor to take actions in relation to third parties. Agreement between creditors on the procedure for satisfying claims against the debtor. Expenses for fulfilling obligations
• Unilateral withdrawal from the contract and fee for unilateral withdrawal from the contract
• The problem of confirming the authority of a representative when fulfilling obligations
• Issues of applying methods to ensure the fulfillment of obligations.
• Problems of applying methods for terminating obligations.
• Obligations arising from negotiations (434.1 Civil Code of the Russian Federation)
Professional judicial competencies. Preparing for a court case. Evidence and proof
• Preparing for a court case
• Organization of claims work. How to use a claim to your advantage; How to Resist Abuse in a Pretentious Job
• Preparing for a court case
• Determining the prospects for litigation. Methods for changing jurisdiction. Methods of transferring cases and simplified proceedings to claims. Use of a court order
• Determination of the norms of substantive law to be applied, the availability of judicial practice in this category of cases
• Determination of the circumstances to be proven in the case
• Assessment of the statute of limitations and other procedural deadlines (including the presence of special deadlines for considering a case in court
• Determining the list of necessary petitions and statements when filing a statement of claim (on securing evidence, on requesting evidence, on ordering an examination, etc.)
• Tactics and strategy for conducting a legal case: practical aspects in determining goals and planning activities
• Counterclaim: assessment of necessity, conditions for the feasibility of filing, whether full protection of rights is possible only by preparing a response to the claim. How to use a counterclaim correctly
• Practical recommendations for drawing up a statement of claim and response to the claim
• Practical recommendations for the effective use of established judicial practice when substantiating a position on a case
• Evidence and proof
• Basic methods and practical aspects of collecting evidence for various categories of cases
• Problems of disclosing evidence before the start of the trial
• Possibility of proving negative facts. Legal position of the Supreme Arbitration Court of the Russian Federation on the issue of proving negative facts (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 29, 2013 No. 11524)
• Burden of proof when a party does not challenge the other party's arguments. The necessity and limits of proof in case of a passive position of the defendant in a dispute. Extension of the provisions of Part. 3.1 Art. 70 of the Arbitration Procedure Code of the Russian Federation for the plaintiff and third parties
• Basic practices and common mistakes in using written evidence. Comparison of the evidentiary value of paper and electronic media. Methods for ensuring the receipt of evidence on electronic digital media and on the Internet
• Practical issues of countering the falsification of written evidence (proving the forgery of a signature and intentional distortion of a signature by the hand of a certain person, the influence of the size of the signature on the possibilities of examination, determination of how long ago it was drawn up document, etc.)
• Basic practical problems of forensic examination as a method of evidence. Problematic issues of searching for an expert institution. Evidentiary value of expert opinion. Assessing the prospects for conducting an examination
• Features of the use of witness testimony in arbitration and civil proceedings (definition expediency, evidentiary force, basic techniques and tactics for presenting testimony and interrogation witnesses, etc.)
• Reconciliation acts: recommendations for drafting and effective use in court (execution of reconciliation acts, authority to sign, evidentiary role of reconciliation acts, analysis of judicial practice, etc.)
Organization of judicial work
• Regulations for judicial claims work (local document of a judicial lawyer).
• Legal cases: “weak side of the contract” and “electronic evidence”.
• Judicial cases: “visibility of information for the judge”; "procedural revolution".
• Legal cases of “property security guarantees”; "forensic examination".
• “The subtleties of judicial work in a company,” “effective recovery,” “speech and motivation of a trial lawyer.”
Current issues of contract law in the practice of arbitration courts
• What you need to know about contract work.
• Key provisions of the law applied by the courts in the field of contractual work: how to solve difficult cases.
• General principles of law in contractual work.
• Application of the principle of good faith in contractual work.
• Rule of Estoppel.
• Weaker party defense doctrine: what the weaker party needs to know about the contract.
• The procedure for concluding and signing an agreement: risks, the procedure for signing, the need to verify the authority of the signatory.
• Execution of contracts remotely.
• Electronic correspondence.
• Consequences of providing inadequate information about a transaction: arbitration practice.
• How to protect a transaction and recognize it as valid in the absence of written documents.
• Review of the most interesting court cases.
Procedural law
• Professional judicial competencies.
• New developments in procedural law: Cassation and Appeal District Courts of General Jurisdiction.
• Problems of compliance with the claims procedure.
• Statement of claim.
• Arbitration process. Work on mistakes.
• Code of Administrative Procedure.
• Petition.
• Court order.
• Simplified production.