Legal Department

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The legal department 's organizational structure an organizational unit ( department or Unit ) in a company or an authority , the lawyers of departments asked legal questions Edit. As an organizationally structured manifestation of the legal function of companies or public administration, the term legal service, legal department or legal department is used, provided that these have reached a certain level of expansion within the framework of the organizational structure (from an employee number of five fully qualified lawyers per organization, including a manager who Organizational unit responsible for the results internally and externally).

The legal department is usually assigned directly to management as a staff position ( management , board of directors or head of authority ). If a member of the Legal Department authorization as same lawyer has he will as General Counsel referred.

In larger local governments , the legal department is usually structured as a separate office ( legal office ). According to the municipal model structure plan, it has the official number 30. The legal office usually conducts all judicial proceedings in which the authority is involved. Administrative lawyers are even allowed to act in front of federal courts within the framework of the so-called “authority privilege”, for which otherwise special lawyers have to be licensed (e.g. Section 67 Paragraph 4 VwGO , Section 78 Paragraph 2 ZPO , Section 10 Paragraph 4 FamFG ).

tasks

In addition to answering legal questions, legal departments carry out other important tasks for your organization. Legal departments serve as an information and early warning system, are part of Total Quality Management, plan and influence management and other departments in their organizations, are involved in the legal training and further education of employees, and carry out legal risk management and compliance tasks and document dispute risks.

From the perspective of Legal Operations Management, legal departments perform five main tasks or main processes:

  • Legal Risk Management : General legal control, legal screening & monitoring and legal risk assessment.
  • Legal Counseling : Legal advice for employees, legal advice for management and legal advice for management and supervisory board.
  • Transaction Management : Contract Supervision, M&A Transactions and Product Stewardship.
  • Litigation & Arbitration : Early Case Assessment, Mediation and Arbitration as well as Litigation Management.
  • Legal Education : Legal and legal training for employees, middle management and top management.

Depending on the specific service mandate of the legal department, additional tasks or additional processes are added to the main tasks or main processes:

  • Corporate Secretary Services
  • Compliance Management
  • CSR & Integrity Management
  • Political lobbying
  • Document management
  • Assurance management
  • Tax management
  • Safety Regulations

See also

literature

  • Martin Huff : The legal department of medium-sized companies. Structure, organization and management. Bundesanzeiger Verlag, Cologne 2014, ISBN 978-3-8462-0163-3 .
  • Tobias Lienz: The legal department. The company lawyer and tax advisor. Gabler Verlag, Wiesbaden 2012, ISBN 978-3-8349-2365-3 .
  • Leo Staub: Legal Management - Management of law as a management task . Versus Verlag, Zurich 2006, ISBN 978-3-03909-051-8 .
  • Roman P. Falta, Christian Dueblin (Eds.): Praxishandbuch Legal Operations Management , Springer-Verlag, Berlin Heidelberg 2017, ISBN 978-3-662-50505-2 .

Individual evidence

  1. ^ Roman P. Falta, Christian Dueblin: Practical Handbook Legal Operations Management . Springer, Berlin, Heidelberg 2017, ISBN 978-3-662-50506-9 , pp. 4 .
  2. ^ Leo Staub: Legal Management - Management of Law as a Management Task . 2., ext. and updated edition Versus, Zurich 2006, ISBN 978-3-03909-051-8 , pp. 61 ff .
  3. ^ Roman P. Falta, Christian Dueblin: Practical Handbook Legal Operations Management . Springer, Berlin, Heidelberg 2017, ISBN 978-3-662-50506-9 , pp. 647 ff .
  4. ^ Roman P. Falta, Christian Dueblin: Practical Handbook Legal Operations Management . Springer, Berlin, Heidelberg 2017, ISBN 978-3-662-50506-9 , pp. 649 ff .