Practice areas

Legal Support of Your Business

One of the components of a successful business is competent legal support.

Legal Profit offers various forms of cooperation: one-time consultations, support of individual transactions, drawing up of contracts with your interests in mind, representation of interests in court and state bodies, full legal support of the company’s activities.

Legal support includes the following list of services:

— checks of reliability and solvency of contractors;

— check of agreements with contractors, drafting of standard contracts;

— full-service transaction support;

— participation in, or conduct of, negotiations;

— claim handling;

— responses to the claims received;

— evidence gathering, out-of-court dispute resolution and preparation for a lawsuit;

— representation of client’s interests in general jurisdiction courts and commercial courts at all stages of proceedings;

— receipt of information on debtors’ assets (real estate, vehicles, securities, trademarks, bank accounts);

— control over the execution of court decisions, representation of interests in execution proceedings;

— representation of interests in bankruptcy proceedings;

— negotiations with debtors concerning voluntary debt repayment;

— representation of interests in state bodies (Federal Service for State Registration, Cadastre and Cartography, Federal Antimonopoly Service, Federal Service for Supervision of Consumer Rights Protection and Human Welfare, tax authorities, Federal Migration Service);

— seeking declaration of invalidity of state bodies’ decisions, challenge against their actions or omissions;

— preparation and registration of changes in charter documents;

— preparation and verification of documents regulating labour relations (employment contracts, orders, job descriptions, etc.);

— consultations for employees on certain issues arising in the course of their activities, personnel training;

— registration of real estate transactions;

— registration of trademarks, patents for utility models and inventions, their legal protection.

This is far from being a complete list of services we provide to our clients. We understand that each business has its own specifics and are ready to make an offer based on the peculiar features of your business.

Debt Recovery, Execution Proceedings

Almost every company in the course of business encounters debts to be received.

Based on our experience, the earlier the creditor begins to collect overdue accounts, the greater the chance of success.

Legal Profit renders a full package of debt recovery services, which can be divided into the following stages:

Legal Analysis of Documents and Debtors’ Solvency Assessment.

We collect information on the financial condition of debtors (bankruptcy or insolvency proceedings against the debtor, availability of real estate, vehicles, open bank accounts, etc.).

We assess he documents supporting the presence of debts (necessity of compliance with the pre-action procedure of dispute resolution, limitation period, sufficiency of documents to lodge a claim, possibility of counterclaims from the debtor).

Based on the results of our preliminary analysis, recommendations concerning the most effective way to recover the debt are given to the creditor.

Out-of-court settlement of debts.

Out-of-court settlement of disputes makes it possible to recover debts in short period of time and at minimal cost.

It should be noted that the pre-action procedure is mandatory for certain categories of cases (transportation, freight forwarding, insurance, etc.) or may be stipulated by the contract.

While analysing the documents, we will determine the necessity to draw up a claim and requirements to its form, which will allow the creditor to avoid unjustified risks caused by a violation of the pre-action procedure of dispute resolution.

Debt Recovery by Judicial Procedure.

If negotiations with the debtor and pre-action correspondence have not led to the intended result, it is necessary to file a debt recovery claim with the court.

We understand that the main thing for our client is to get the debt returned, but not to receive a court decision on the recovery of funds that might be unenforceable due to the absence of the debtor’s assets.

Based on the specific features of the case and the behaviour of the debtor, we choose the way to present and handle the case in court, which will allow the most effective protection of the principal’s interests.

In our opinion, the top priority is to obtain the result of the work done and satisfied clients who will contact us next time, but not the result of formal proceedings being the court decision to be stored at the creditor’s accounting department.

Compulsory Enforcement of Court Decisions. Bankruptcy.

If all of the above procedures have not resulted in the debtor’s recovery of the amount owed, we offer the following ways of enforcing the court’s decision:

— the writ of execution is sent to the bank where there is the debtor’s account. Within three days from the date of receipt of the writ of execution, the credit organization will write off the funds from the debtor’s account and transfer them to the creditor’s account;

— the writ of execution is submitted to the bailiffs’ service. It is necessary to realise that if the creditor intends to follow this procedure, he has already tried all the previous instruments, that is, there is neither money on the debtor’s accounts nor a desire to voluntarily repay the debt.

Based on our practice, it is possible to receive money in such cases only if the debtor’s property assets are found out, i.e. the real accounts receivable the bailiff can seize in execution or the indebted legal person is of interest to its debt owner because of licences, etc.

The enforcement procedure itself is time-consuming and rarely leads to the desired result.

The bankruptcy of a debtor is a rather costly procedure, both in terms of time input and financial investments. It is necessary to understand precisely that the debtor has property which can be sold to repay the debt to the creditor.

In view of the aforesaid, we advise you to start dealing with accounts receivable as early as possible, before the debtor, staying one step ahead, begins to take steps to withdraw property assets and wind up the company.

Construction Dispute Resolution

The specifics of these relations are conditioned by the need to perform complicated building work, tight deadlines, dependence on subcontractors’ compliance with their commitments, failure to meet the construction financing schedule, warranty obligations, “inevitable” defects, all these undoubtedly contribute to disputes arising out of or in connection with the relevant legal relations.

LegalProfit professionally handles construction disputes and offers the following range of legal services:

— recommendations on work recording and deliverables to be submitted (recording of hidden works, handover of as-built documentation, completed work acceptance certificates);

— actions to establish the fact of work performance, compliance of completed work with project documentation requirements;

— pre-action settlement (of claims, assessment of lawsuit prospects, further evidence gathering);

— representation of interests in court on lawsuits for recovery of the cost of unpaid work, unearned advance return, recovery of defect elimination costs, retainage, penalties and damages due to violations of contractual obligations by contractors;

— execution of court decisions, including through bankruptcy proceedings.

Reasons to Choose LegalProfit

1. It is one of our core activities. We specialize in disputes related to construction contracts.
2. Our competence is supported with the results of court cases, which can be seen in the commercial case database (kad.arbitr.ru) and good references from construction companies.
3. We represented principals’ and contractors’ interests in court on a regular basis in disputes arising out of or in connection with construction contracts. We know the opponent’s arguments in advance and we will help you to avoid typical mistakes.
4. Flexible fee system. We are confident in our abilities and can work without prepayment, attaching our fees to the positive result.

Commercial Dispute Resolution

One of the most common disputes in civil matters are disputes arising out of or in connection with supply contracts. First of all, it is due to the wide use of this type of contract in the business sphere.

LegalProfit professionally handles disputes in the field of trade and offers the following range of legal services:

— actions to establish the fact of delivery of goods, the presence or absence of defects in the goods;

— recovery of debts, penalties, damages or prepayment for undelivered goods;

— recovery proceedings against loaned property / foreclosure;

— arrangements to have court decisions enforced.

Reasons to Choose LegalProfit

1. We provide legal support for several major trading companies and know not only the ways to recover debts under supply contracts, but also the most effective ways to protect our client’s interests at the stage of conclusion of contracts.
2. Our competence is supported with the results of court cases, which can be seen in the commercial case database (kad.arbitr.ru), and good references from trading companies.
3. We have represented the interests of both buyers and suppliers in court and we know the arguments that may be produced by the opponent.
4. Flexible fee system. We are confident in our abilities and can work without prepayment, attaching our fees to the positive result.

Insurance Dispute Resolution

By planning the costs of taking out an insurance policy, you can protect yourself from unplanned considerable expenses in connection with the occurrence of any negative events (fire, flood, theft, etc.).

Often the company that has insured its property or liability gets yet another problem with its insurance company instead of insurance protection and minimization of negative consequences.

The absolute majority of insurance disputes is caused by the desire of insurers to minimize their losses by reducing the amount of settlement or unreasonable refusals to pay the settlement, as well as by a failure of the Insured (Beneficiary) to comply with the terms and conditions of the Policy.

LegalProfit renders the following legal services to both Insurers and the Insured (Beneficiaries):

— support of investigations of events attributable to an insured loss occurrence;

— counteraction to insurance fraud;

— pre-action settlement of insurance disputes;

— representation of the insured’s interests in court in connection with the following events;

— loss of insured cargo (theft, content shortage);

— damage, loss of goods in stock (fire, theft, flood, wetting);

— damage to rolling stock during transportation (derailment, accidents);

— damage to property due to a fire and allied perils;

— damage to property, including that to vehicles due to a traffic accident;

— damages due to machinery and equipment breakdowns;

— damages due to the accidental loss of, or damage to, construction works, construction plant and machinery;

— liability of a person who has insured his third party liability;

— insured loss occurrences under travel insurance policies;

— losses under agricultural insurance policies (crop insurance, perennial plantation insurance, livestock insurance);

— damage to air and water transport;

— liability of a railway transport owner who has insured his civil liability;

— representation of the interests of insurance companies in court in the following cases;

— recovery of the amounts owned by reinsurers;

— recovery of losses and debts from the persons liable for the losses by way of subrogation;

— representation of the insurer’s interests in incoming claims.

Reasons to Choose LegalProfit

1. We provide legal support for several insurance companies and not only know what is necessary for a reasonable settlement or refusal to pay the settlement, but also are aware of the best ways to protect the interests of our client in subrogation claims.
2. Our competence is supported with the results of court cases, which can be seen in the commercial case database (kad.arbitr.ru), and good references from insurance companies.
3. We have represented the interests of insurers and the insured (beneficiaries) in court, and we know the arguments that may be produced by the opponent.
4. Flexible fee system. We are confident in our abilities and can work without prepayment, attaching our fees to the positive result.

Intellectual Property and Trademark Dispute Resolution

LegalProfit lawyers specialize in handling of trademark disputes, patent disputes, copyright proceedings and other disputes in the field of intellectual property.

We offer effective legal solutions that protect your intellectual property from unethical practices of competitors.

LegalProfit professionally handles disputes in the field of intellectual property and offers the following range of legal services:

— pre-action resolution of intellectual property disputes;

— representation of interests in court in disputes concerning trademarks, service marks, inventions, utility models and industrial designs;

— representation of interests in court in disputes related to domain names;

— representation of interests in court in disputes regarding early termination of legal protection of trademarks and service marks;

— representation of interests in court in disputes concerning violations of know-how rights.

Support of Bankruptcy Proceedings

LegalProfit specializes in insolvency (bankruptcy) cases and is ready to represent the interests of creditors, debtors, court-appointed trustees, founders and managers of the debtor.

Within the support of bankruptcy proceedings we render the following legal services:

— full-service support of bankruptcy proceedings;

— analysis of the feasibility and expediency of filing for debtor bankruptcy;

— assessment of risks associated with bankruptcy filing;

— selection of bankruptcy procedures, including simplified ones, which will most effectively help to achieve goals;

— collection of information about the debtor’s property, availability of liquid debts;

— inclusion of requirements in the list of creditors’ claims and support of the trustee appointment procedure;

— application of interim measures;

— preparation and submission of counter-arguments in a reply to creditors’ claims;

— challenging of the actions of the court-appointed trustee, the decisions of the creditors’ meeting, creditors’ committee and debtor’s transactions;

— actions aimed at returning the debtor’s property to the bankruptcy estate and recovery of receivables;

— formation of mechanisms for debt restructuring and arrangements for the conclusion of amicable agreement in the course of bankruptcy;

— imposition of subsidiary and criminal liability on debtor’s founders and managers.

Support of Transport- and Transportation-Related Disputes

It should be noted that any cargo transfer by rail, air, water and road involves significant risks, which may result in damage to both the cargo and vehicles.

Cargo transportation activities are regulated not only by the Civil Code, but also by relevant laws, transport charters and international conventions.

These circumstances entail the need for an extremely balanced approach to the resolution of disputes under the contract of carriage.

The pre-action procedure should be applied and the shortened limitation periods should be taken into account based on the specific circumstances of the case, namely: the causes of damage, the territory where the cargo was damaged, the mode of transport.

LegalProfit professionally handles transportation-related disputes and offers the following range of legal services:

— preliminary analysis of the situation with regard to the law to be applied, the need to follow the pre-action procedure and to determine the beginning of the limitation period;

— pre-action dispute resolution;

— representation of interests in court in claims for recovery of the value of lost or damaged cargo;

— representation of interests in court in claims for recovery of damages due to a crash, rail, air and water transport accidents;

— representation of interests in court in claims for recovery of debts, penalties, losses for the period of downtime under carriage or freight forwarding contracts.

Challenging Acts or Omissions of State Bodies

Legal Profit represents principals’ interests in state bodies (Federal Bailiff Service, Federal Service for State Registration, Cadastre and Cartography, Federal Antimonopoly Service, Federal Service for Supervision of Consumer Rights Protection and Human Welfare, tax authorities, Federal Service for Intellectual Property, Federal Migration Service, etc.), including disputes on appealing against acts/omissions of officials and administrative offence cases.

Within challenging acts or omissions of state bodies and those arising out of or in connection with administrative law relations, LegalProfit offers the following services:

— challenging the decisions of tax authorities on imposing liability or refusal to refund taxes at superior authorities (Federal Tax Service Directorate, Federal Tax Service) or court;

— challenging decisions, improvement notices, acts (omissions), resolutions on imposition of administrative liability adopted by the antimonopoly authorities of the Federal Antimonopoly Service of Russia and their officials;

— challenging decisions, acts (omissions), and resolutions on imposition of administrative liability made or issued by the antimonopoly authorities of the Federal Migration Service;

— challenging acts (omissions) of Rospatent (Federal Service for Intellectual Property) in relation to the state registration (refusal to register) of contracts of the alienation of exclusive rights, license contracts, refusals to grant a patent for an invention, utility model, industrial design and trademark;

— challenging resolutions, acts (omissions) of bailiffs.

Legal Services for Individuals

LegalProfit provides the following legal services to individuals:

— support of real estate transactions;

— debt collection;

— representation of interests in disputes with insurance companies (refusal to pay indemnity, failure to comply with time limits, insurers’ subrogation claims);

— representation of interests in disputes with construction companies, developers (failure to comply with construction deadlines, recovery of the penalty stipulated under the 214-FZ Federal Law, defects in the works performed);

— representation of interests in disputes with banks and credit institutions;

— consumer rights protection;

— housing, property and family disputes;

— coming into an inheritance, inheritance disputes;

— recovery of damages (due to traffic accidents, water damage, fires);

— representation of interests in disputes with carriers, travel companies (flight delay, loss of luggage, trip cancellation);

— representation of interests in execution proceedings.