Legal practice is a significant phenomenon in the life of society and the state. However, there is still no single term that would fully express its essence and main features. Consider the types of practice and its significance in the life of a lawyer and ordinary citizen.
Concept of practice
Legal practice is a phenomenon that includes the process and the results of the application of legislation in life. Consider its relationship with science.
Practice Categories
There are separation criteria for subjects and objects of application. We highlight the following list:
- law making practice;
- law enforcement practice in executive authorities and in municipal authorities;
- practice of lawyers working in non-governmental organizations;
- arbitrage practice.
Then we consider the relationship between theory and practice and their role in the development of legislation.
Legislative process
In this case, legal practice is the experience of developing and formulating normative acts by bodies having the appropriate authority. It is about observing the procedure for adopting legislative acts and formulating norms. Persons participating in the legislative process are required to have a high level of culture and a deep understanding of the regulated sphere.
The study of existing legislative experience helps to correctly formulate the texts of normative acts, to make them clear to understanding. We must not forget about the compliance of the adopted acts with the principles of law, the Constitution and other normative acts.
Enforcement
Legal practice is also the experience of the implementation of state and municipal authorities by government officials.
We are talking about employees of local administrations, departments and authorities at all levels. Their activities are specific. Its result is decisions, orders, acts affecting the rights and interests of citizens and organizations. Violation of the adoption procedure and design rules creates difficulties for everyone they concern.
Practice in the legal department
Under it rises the activities of an employee in the position of legal adviser. His tasks:
- informing management and employees about legal regulations;
- drawing up documents of a legal nature (statements, complaints, claims, contracts, etc.).
Practice in the legal department has its own characteristics. Firstly, the work of a lawyer may be related to a certain area (construction, electricity). Secondly, a way of distribution of duties. For example, one employee is responsible for conducting contractual work, another for representing the interests of the organization in government and courts. Large organizations sometimes hire a specialist whose responsibility is to enforce labor laws. Other methods of distribution of duties are also applied.
What else do business lawyers face
Take legal practice for legal entities. It includes disputes over the management of companies, the distribution and implementation of powers to make significant decisions. For example, complaints of shareholders about transactions without their approval, when its presence is mandatory according to the provisions of constituent documents or the norms of the law. Another example is disputes over the legality of decisions of a shareholders meeting.
A separate area is the preparation of the charter of the enterprise in order to protect itself from raider capture or minimize its risks
A specialist with practical experience knows the judges' opinion on a particular issue.
Lawyers - Representatives
We draw attention to lawyers who work as lawyers or representatives in courts and other authorities.
Their tasks are to uphold interests by filing complaints, lawsuits and petitions. Practice in this area requires extensive knowledge. What is this expressed in? For example, a lawyer representing citizens in disputes with energy supply organizations should have an idea of what the electric power industry is. He needs to understand the competence of authorities, their hierarchy, when to contact the prosecutor's office, does it make sense to do this in a specific situation.
The representative is forced to have knowledge of the norms of different branches of law. The simultaneous application of civil and land legislation, or city planning and civil, and land at the same time, has become the norm, and other combinations are encountered. An experienced specialist will select convincing arguments for a complaint or lawsuit.
Representatives are more often faced with the problem of formulating claims and complaints, especially those submitted to the courts. One mistake can make a positive court decision useless.
Representatives, in comparison with colleagues working at enterprises and government bodies, are mostly engaged in litigation and are better versed in the practice of applying procedural rules.
Judicial Activities
Of all types of legal practice, judicial practice is distinguished more often. Studying court decisions, lawyers see what they will face in the future, doing similar things.
Judicial practice is the most accessible for study - there are many banks of judicial decisions that allow you to study specific decisions. One of them belongs to the system of arbitration courts.
The Supreme Court regularly adopts Plenary Orders. They reflect general explanations. For example, on the procedure for applying the norms of the Code of Criminal Procedure on court sentences, termination of cases, etc.
Periodic reviews of practice are published that analyze the resolution of specific disputes in a particular area. Errors of lower courts are noted.
Although this material is advisory in nature, it serves as a guide for lawyers and judges.
Judicial practice is conditionally divided into two areas: the application of legislative acts regulating the relations of participants in a case (for example, a civil code, government decrees, etc.) and procedural laws governing the consideration of a case.
The value of science
There is a widespread opinion among students about the futility of theoretical disciplines and the waste of time reading textbooks. Nevertheless, legal science and legal practice are not opposites.
It is theory that provides knowledge that forms the foundation of professionalism. A person who knows the theory is able to begin a full-fledged study of practical jurisprudence. A trained student, for example, understands well what practitioners are talking about, he has a knowledge base that will enable him to develop. Those with poor theoretical background are much more difficult.
Science predicts the development of legislation and helps to see ways to solve existing problems, provides an assessment of legislative standards, the practice of their application.
Often, science anticipates the occurrence of problems. Scientists during the development of bills indicate the undesirability of a particular wording, help to choose the best option.
Legal Practice Goals
If we combine the approaches available today, the following list is formed approximately:
- implementation of the rules of law according to their meaning for the achievement of the public good;
- accumulation of information on the real application of legislation with a view to its further improvement;
- generalization of application practice in order to eliminate errors from practitioners.