Hired employees and contracts with attorneys: what to consider for attorneys at law and law firms

15:11 Wed 07.02.24 18 Reviews

Like other legal entities, law firms and bureaus may enter into employment contracts. Relations with employees are regulated by the Labor Code. Other attorneys may also be engaged on a contractual basis.

It should be borne in mind that the Tax Code of Ukraine does not set any restrictions on the number of employees for legal entities that apply the simplified taxation system - the single tax of the 3rd group.

When hiring an employee, the employer must notify the tax authorities in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 413 dated 17.06.2015 «On the Procedure for Notifying the State Tax Service and its Territorial Bodies of Hiring an Employee / Concluding a Gig-Contract».

In this case, the notice must be submitted before the employee starts working under the concluded employment contract, in particular, by means of electronic communication using a qualified electronic signature of the employer's responsible (official) persons in the form «J(F)3001001» Notice of Employment of an Employee».

In addition, the bureau and association of attorneys may engage other attorneys on a contractual basis to fulfill the concluded agreements on the provision of legal aid. In this case, the bureaus and associations must ensure that the professional rights of attorneys and guarantees of the practice of law are respected (part 6 of Article 14, part 6 of Article 15 of the Law on the Bar and Practice of Law).

In this regard, the Bar Council of Ukraine approved clarifications regarding the conclusion of an agreement between a law firm and another lawyer who is self-employed (Decision No. 33 dated 12.04.2019). The document states that civil law does not require the conclusion of a specific type of agreement. This issue is resolved by agreement between the attorney and the law firm.

Therefore, if there is a need for a one-time engagement of an attorney to the activities of the Attorneys' Office, it is necessary to conclude an agreement (contract) on the engagement of an attorney, which cannot contradict civil law, the Law «On the Bar and Practice of Law», UNBA acts and the charter of the relevant Attorneys' Office.

The article was prepared by Dmytro Khutornyi, deputy chairman of the UNBA Committee on Attorneys' Practice.

Popular news


Legal fees: how much do lawyers pay abroad

In all countries, advocates pay contributions to ensure the implementation of bar self-government in one way or another. Sometimes they are higher, sometimes lower. Sometimes it depends on the region or the length of service of the advocate. Some bar associations introduce the possibility of installments.

16:00 Mon 08.01.24 108


Financial monitoring: when a lawyer must submit reports to the Ministry of Justice

Attorneys, law firms and law associations become specially designated subjects of initial financial monitoring only when they support certain transactions. Therefore, they must ensure the organization and conduct of initial financial monitoring.

17:00 Mon 25.12.23 120


Problems of the FLA system were discussed by the Ombudsman

Due to the lack of control established by law, the quality of legal aid provision in the country is gradually declining. And experienced lawyers lose motivation to cooperate with the FLA system.

19:00 Tue 19.12.23 130


The circle of FLA recipients should be expanded, - BCU

Although the UNBA Committee on Legal Aid has consistently advocated for narrowing the list of persons entitled to free legal aid, there is one category of citizens in Ukraine who are unreasonably restricted in their right to receive such aid.

18:15 Fri 15.12.23 146


How lawyers subject to financial monitoring should report to the Ministry of Justice - clarification of the BCU

Attorneys, law firms and associations, in cases where they are specially designated subjects of primary financial monitoring, must submit reports to the relevant interregional departments of the Ministry of Justice of Ukraine.

17:30 Fri 15.12.23 125


Advocate's fee in 2024: BCU reminded the amount

The annual contribution to ensure the implementation of the bar self-government is traditionally tied to the amount of the subsistence minimum for able-bodied persons established as of January 1 of the relevant calendar year.

17:00 Fri 15.12.23 191


There are 47 thousand active lawyers in Ukraine

Today, we have 41713 attorneys registered in the electronic office on the website of the Ukrainian National Bar Association.

16:00 Fri 15.12.23 173


Lidiya Izovitova outlined the key problems of the Bar in 2023

The current year is not exactly favorable to lawyers and the bar. And, unfortunately, there is no reason to hope for a quick end to the troubles that became particularly acute on February 24 last year.

15:00 Fri 15.12.23 151

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл