Finding a Lawyer Here: Not the Ordeal It Was
30 October 1992
With the barrage of Western law firms now opening up offices in Moscow, finding solid legal counsel is not the difficult task it once was for foreign businesses.
But given a thickening legal quagmire, hiring a Western lawyer here often involves great expense and still leaves some questions unanswered. Many investors hire Russian attorneys to lessen the cost burden and/or solve unprecedented problems, with varying degrees of success.
The basic philosophy in locating and working with a Russian lawyer is you'll get what you pay for, and sometimes more. Usually you'll save money, although there is a small pool of talented Russian attorneys who charge Western rates.
If working on a shoestring budget, hiring a Russian lawyer for everything except perhaps document and contract review is probably the only option. If not, it is advisable to retain both Russian and Western legal counsel. Many Western law firms here employ Russian legal specialists, and if they don't they can refer you to local firms.
Russian lawyers are essential in the area of criminal law. Legal sources also note that Russian attorneys can be effective in real estate title checks, arbitration, registering a company, and taxes. If an international tax treaty is in question, however, it would be wise to use both Russian and Western counsel.
If it's a nuts and bolts question, chances are you'll save money through Russian legal counsel, although as a rule remember that your answer may only be as good as your question.
For example, a lawyer in the West in answering a tax query would probably provide various alternatives and thoroughly outline your exposure. Here you could get the equivalent of a yes or no.
"Western lawyers don't just repeat the law, they give you flexibility", said one attorney based here. "Russian lawyers don't always do that".
Probably the best way to find a local attorney is by word of mouth. Talk to Western lawyers and businessmen. Once found, always check their references to make sure they worked with foreign clients and provided prompt, helpful service.
For criminal or trial lawyers, the College of Advocates is often mentioned by Western lawyers as a good source. One starting point for Russian legal representation is the Bar Association of Moscow.
In any event, don't assume that there is an answer for every legal question. In a country of few precedents, most legislation is left with giant gaps, gaps which are only slowly being filled in.
But given a thickening legal quagmire, hiring a Western lawyer here often involves great expense and still leaves some questions unanswered. Many investors hire Russian attorneys to lessen the cost burden and/or solve unprecedented problems, with varying degrees of success.
The basic philosophy in locating and working with a Russian lawyer is you'll get what you pay for, and sometimes more. Usually you'll save money, although there is a small pool of talented Russian attorneys who charge Western rates.
If working on a shoestring budget, hiring a Russian lawyer for everything except perhaps document and contract review is probably the only option. If not, it is advisable to retain both Russian and Western legal counsel. Many Western law firms here employ Russian legal specialists, and if they don't they can refer you to local firms.
Russian lawyers are essential in the area of criminal law. Legal sources also note that Russian attorneys can be effective in real estate title checks, arbitration, registering a company, and taxes. If an international tax treaty is in question, however, it would be wise to use both Russian and Western counsel.
If it's a nuts and bolts question, chances are you'll save money through Russian legal counsel, although as a rule remember that your answer may only be as good as your question.
For example, a lawyer in the West in answering a tax query would probably provide various alternatives and thoroughly outline your exposure. Here you could get the equivalent of a yes or no.
"Western lawyers don't just repeat the law, they give you flexibility", said one attorney based here. "Russian lawyers don't always do that".
Probably the best way to find a local attorney is by word of mouth. Talk to Western lawyers and businessmen. Once found, always check their references to make sure they worked with foreign clients and provided prompt, helpful service.
For criminal or trial lawyers, the College of Advocates is often mentioned by Western lawyers as a good source. One starting point for Russian legal representation is the Bar Association of Moscow.
In any event, don't assume that there is an answer for every legal question. In a country of few precedents, most legislation is left with giant gaps, gaps which are only slowly being filled in.
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