financialtreat – will explain about What is the Difference between a Law Firm and Aid Institute? which you will find in the following article. let’s look at this article carefully!
Have you ever heard of a law firm before? Some others also refer to the term law firm. Maybe not so familiar, because this term is mostly known among legal practitioners or people who work in it.
What is the Difference between a Law Firm and a Legal Aid Institute? Find the Answer here!
What is a Law Firm?
Perhaps a more familiar term is a business firm, a term for a business partnership run by more than one person. Indeed, the principle of the law firm is still the same. The only difference is that the firms we discuss here are more specific in the legal realm, not business as usual.
So simply you can understand, that a law firm is a business partnership run by more than one person, which is specifically run in the field of law. For example, what has been described at the beginning, advocate’s office, law office, attorney’s office and so on.
Terms of Establishment
From the term firm used, making law firms bound by the same rules as business firms in general. When several experts in the field of law want to establish it, then they must be able to meet the following requirements:
- Establishment is carried out with an authentic written deed and made with the knowledge of a notary
- The deed must then be registered at the Registrar of the District Court in the area where the law firm’s office will be domiciled
- After the deed has been registered, it is announced along with the deed from other law firms in the State Gazette
In general, it is almost the same as the establishment of a business firm in general, using the provisions of the Commercial Code (KUHD) article 16. It must also meet the requirements according to the Law on Advocates No. 18 of 2013, where the orientation is directed at related matters. the existence of the practice of the advocate profession.
Single and Partnership Law Firm
It might be a bit intriguing, where there is the term ‘single’ for the form of a law firm. In fact, from its original meaning, the firm refers to an association founded by several people. But indeed in reality you can find the term, here’s an explanation:
Single or Solo Law Firm
This form of law firm is indeed managed independently by one founder. So that automatically all needs will be borne personally by that person. Only later in the implementation he can be assisted by several employees when needed.
Partnership Law Firm
As for this type, it is clearly intended for law firms founded by several people who are indeed competent in their fields. So automatically the entire burden from establishment to business management will be borne by several people involved.
Profession in Law Firm
Before the promulgation of the Law on Advocates, there were at least 5 professions in law firms. The five professional terms have not been codified or separated, so they have different meanings.
The five professions include lawyers, advocates, legal consultants, attorneys, and legal advisers. The public is certainly no stranger to this profession. Here we explain each difference.
In a law firm, there are various professions in it that you need to know. Among them are the following:
Lawyers are professions with duties and roles as legal counsel during litigation or legal cases. The scope of work of a lawyer is only limited to the area of the High Court where the person concerned is appointed.
As a profession in a law firm, lawyers must have sufficient experience so that they can then be appointed as advocates. That way, being an advocate can work throughout the territory of the Republic of Indonesia.
Advocates have the task and role of providing legal services, both inside and outside the court by fulfilling the requirements based on the law. Advocates can work in all regions of Indonesia.
Therefore, one of the professions in this law firm is obliged to have a license to proceed in court, namely KTA (Advocacy Member Card) and BAS (Oath Procedure File).
The task of a lawyer is to accompany or represent litigants in court, but usually this task can be represented by an advocate. In another sense, the attorney is responsible for assisting the disputing parties in court.
Of course the assistance must be based on an agreement with the litigants as evidenced in a special power of attorney. Please note that the profession in this law firm is different from that in the tax court.
The legal attorney profession is an individual and has an official attorney’s license from the Head of the Tax Court. To get this permit, you must meet several requirements from the Tax Court.
As the name implies, legal consultant has a role in providing advice and carrying out non-litigation duties. In a trial before a court, this profession cannot represent its client, so it is likened to a client’s legal partner.
However, as a legal partner, one of the professions in this law firm must understand the legal journey of its client. No wonder this profession is needed in every company. Actually there are no special requirements to become a legal consultant.
The important thing is to have a law degree background. In addition, they must also have specific experience in certain legal fields. Legal consultants are also required to have sharpness in analyzing legal issues and conducting research on legal rules.
The next profession in law firms is legal advisor with the task of providing legal assistance and/or advice. It can take the form of an individual or a partnership. In the past, legal advisors were divided into 2 types, namely:
- Advocate lawyers who have been appointed by the Minister of Justice and then have a license to practice legal activities anywhere.
- A practicing lawyer who has obtained permission from the Head of the High Court to practice law in the jurisdiction of the High Court concerned.
- The five professions used to be in a place known as a law firm. However, after the implementation of the Advocate Law, there is no longer any difference in terms of the five professions in the law firm.
Difference between Law Firm and Legal Aid Institute
Every legal problem that exists, of course, requires someone who is an expert in their field. It is not uncommon for parties experiencing legal problems to seek the services of an advocate or legal aid provider.
These two professions take shelter in different containers. Advocates are in law firms while legal aid providers are in legal aid agencies. Both have significant differences even though they have one thing in common, namely alleviating legal problems for everyone who experiences them. In the following, the differences between these two institutions will be studied further.
The regulations that govern these two institutions are in different settings. Although law firms are closely related to advocates. These institutions are not regulated in Law no. 18 of 2003 concerning Advocates (Law on Advocates).
That way, the law firm follows the firm’s provisions which are now regulated in the KUHD and the Minister of Law and Human Rights Regulation No. 17 of 2018. It is different with legal aid institutions which are regulated by Law no. 16 of 2011 concerning Legal Aid (Legal Aid Law).
Parties Involved in Legal Aid Institutions and Law Firms
Law firms are filled by advocates who have a license to practice advocate from an advocate association. Meanwhile, legal entities are filled by several parties with legal backgrounds because these institutions can recruit lawyers, paralegals, lecturers, and law faculty students. Legal aid providers must also have requirements that must be met.
Law firms are entitled to an honorarium for the results of the legal services performed by an advocate. However, this must still be based on the agreement of both parties which is reviewed fairly. It by looking at the conditions of risk, time, client, capabilities, and interests of the client. This is different from legal aid institutions which are not allowed to ask for or receive honoraria from legal aid recipients.
Read more financial lawyer:
Funding for Legal Aid Institutions and Law Firms
The funding provisions of law firms refer to the separate firm arrangements mentioned in the previous section. The funding of a firm itself lies in the firm’s capital which comes from the deposit. It from everyone involved in the firm’s agreement.
The size of each member’s share of capital is determined by mutual agreement. Legal aid institutions on the other hand are supported by the State Budget, grants or donations. And/or other legal and non-binding sources of funding.
That’s a little explanation about the law firm. Hopefully this explanation can add insight and be useful. Especially for those of you who are new to the world of education. Happy learning and good luck