Melnichenko R.G. The designation of the form of lawyers` formation:economic and legal aspects// "Law and Economics",№10,October 2005. Translator: Mikhaltsova
The designation of the form of lawyers` formation is the important element of the success of legal firm on the market for juridical services. The unsuccessfully selected name of legal formation, as a minimum, deprives attorney and legal firm of a good marketing motion, and in certain cases it can serve as unique anti-advertisement.
The federal law of 31 May, 2002, N OF 'E-FZ "about the legal activity and the legal profession in the Russian Federation" establishes requirement about the required presence of designation in legal office, legal bureau and Bars. Law does not contain any other juridical requirements for the designation of the form of legal formation. Some rules can be derived by analogy, using the rules of the creation of commercial legal persons, fixed in the Civil Code of RF. If we draw analogy between the complete comradeship and legal bureau, then in the connection with the firm designation item 3 of Civil Code's of RF item 69 contains requirement about the fact that the latter must contain either the names (designations) of all its participants, or name (designation) one or several participants with the addition of words "and company".
Steady practice about the designation of lawyers` formations has not been formed yet, therefore the determination of general juridical and marketing rules is immediate. It is possible to isolate the following general marketing requirements, presented to the designation of the legal firms: sonorousness, the ease of pronunciation and memorization, positive emotional and semantic load. In the legal practice it is possible to trace several approaches to the designation of legal firms.
Name of attorney. In the designation of lawyers` formation are used the surname and the initials of attorney or attorneys, founders of this lawyers` formation, for example legal office "Kuznetsov A.V.". In this case one advertising company will contribute to an increase in the image not only of legal office, but also attorney.
Use in the designation of the name of attorney contributes to the creation of the persuasion of client about the fact that the attorney is the solid contractor (once his name it is named legal firm).Furthermore, a client is persuaded about the fact that the attorney is a responsible person, who was accustomed to answer for his work (once it appropriates to it its name).The impersonal abstract designation of legal firm can give birth to distrust to the firm. Legal activity - this is the result of the intellectual labor of the specific persons, and clients must know them. A name - as a name cannot contribute to this any better.
The reputation of a legal firm, especially in the stage of her formation, in many respects depends on reputation, professional and business qualities of its founders. An attorney, who possesses a known name, transfers the part of his image to the newly educated firm, than he contributes to her successful start on the market for legal services. Generalizing the positive aspects of the start in the designation of the legal firm of the name of attorney, it is possible to make the conclusion that this approach is expedient with the designation of the legal office, where the attorney works one, and also with the designation of small legal offices, for example legal bureaus (they can be appropriate of designation of the type "Barshchevskiy and partners", etc.).
The use in the designation of the surname of one or several founders is not always applicable for the legal firms with a large quantity of founders. In this case the output of one founder can lead to the need of changing its designation or even to the liquidation of the already widely proclaimed legal office. The location of firm. In certain cases it is expedient to connect the designation of firm with her location, for example: "white stork" (designation of known in the city restaurant), "central" or "Kirov" (indication of the city district), etc. Looking at name, client can determine the location of the office of firm.
Designations, which indicate the nature of activity. First of all the designation of firm must indicate the nature of her activity; therefore the terms, which relate to the legal activity are frequently used in the names. Legal association at the legislative level reserved after itself exceptional right to the use of some terms: "legal activity", the "legal profession", "attorney", "legal chamber", "legal formation", "juridical consultation", and the word combinations, which include these terms. But the use of these terms in the designation can give birth to tautology, since the form of the legal formation must be indicated before the designation of legal firm: "legal office", "legal bureau", the "Bar" or "juridical consultation".
For example, the complete designation of legal firm can appear as follows: Bar "Volga urban Bar". In this case the attorney- founders will be are forced either "to hide" the part of the firm designation or to be reconciled with disharmonious repetition in the name. The designations, connected with the legal sphere, will be more appropriate: "human rights activist", "jurist". In certain cases in the designation it is possible to indicate the specialization of legal formation.
Use of foreign terms. In a modern world the situation occurred , when the mass preferences of users are located on the side of English or pseudo-English brands. Therefore even purely Russian names are necessary to check against the object of the prospect for Latin transliteration, possibility of the transfer of writing and sounding Russian name the means of the drawing of the most common languages (first of all, English ), for example "advocate", "Lawyer" and the like.
In favor of international names their starting neutrality speaks. They are not connected with the daily experience; therefore are sounded fresh, it is elevated and it is categorical Use of status terms. The profession of attorney possesses specific public status; therefore the name of legal formation it must emphasize and support. In certain cases is acceptable in the designation of legal firm the use of a term "international", for example "international Bar".
Quoted names. Through the quotation of the name can be connected with any well-known myth or history. Unfortunately, myths about the attorneys are not so extended as, for example, about medicine (Asklepiy, Hippocrates).Designation to legal firm "antiphone" (first well-known in the history attorney) hardly something will say to the average man. From other side, the myth can be strengthened. In this case the name will become preferable, possessing its history. Errors with the designation of the legal firm
Use of abbreviations. Sometimes founder- attorneys call legal firm for the first letters of their names: "KROM", "IRBIS". These empty names bear no information. It is expedient to use abbreviations with the creation of the logotype of legal firm. In this case in the base logotype is worth deciphering the abbreviation used in it, for example "VF" - "Veynitskiy & Fedorov".
Impressing designations. Sometimes such impressing designations, as: "constellation", "juridical stars", "leader" are inadvisable. They attract attention of potential clients, but they harm the prestige of legal profession. Furthermore, these designations give birth to smile in associates in the legal profession
Unoriginal names. Analyzing the market for lawful services, it is possible to arrive at the conclusion that the majority of names do not possess the sign of originality. There are many firms with similar, and sometimes identical names. Therefore with the selection of the name legal formation it is necessary to analyze the market, on which it will act, to the presence of firms similar on the designation. Let us recall that all information about the designation of the forms of legal formations is located in the legal chambers of subjects RF. Before to make a decision about the firm designation is expedient to become acquainted with entire list, which is contained in the legal chamber
Not analyzed names. The designations of some legal firms are at first glance successful; however, logical analysis reveals their unfitness. Let us analyze the designation of legal firm "independent variable". However, the first question, which appears with the analysis of this designation: from whom are the attorneys of this firm independent? From the law-enforcement agencies, the law court, the legal association or from the clients? Furthermore, client can think about that, this firm can depend on whom. This question in principle must not appear with respect to the attorneys
Empty names. Does not be worth using senseless words or word combination, for example the Bar "Kadri- M *", "Flight", etc. Some legal formations are called according to the ordinal numbers, for example: the "Volgograd Bar N 2", "the Volgograd Bar N 3."such designations do not bear semantic load and do not fulfill the information function of the designation of legal firm.
Designations, which do not relate to the legal activity. Some beautiful designations, connected with the right, do not relate directly to the legal profession. For example, the designation of legal firm "Themis" more greatly relates to the justice. This name leads clients into error. Can be attributed to the number of similar designations: "interpolKriminalTsentr", "valid justice", etc.
Recommendation with the selection of the designations of the forms of legal formations any name is received at the rational and emotional- estimated level. The parameters of estimation can be different: visual and auditory sensation sometimes are separated, and now and then the list of the parameters of estimation can reach several ten. The major principle of estimation is to support to the previous experience of clients as the carriers of language.
To estimate a name the linguistic examination helps considerably, intended to outline the possibilities of various marketing actions with the advance of the brand of legal firm. The precise knowledge of associations and special features of the perception of name will make it possible to develop adequate strategy of positioning. Linguistic examination usually is conducted through the following directions: the presence of necessary semantic components; the absence of undesirable it is semantic; simplicity of transfer by Latin letters; the possibility of precise transfer. Two approaches to the estimation are separated: one is based on estimation of specialists, and another - on the estimation of the reactions of mass audience. The first approach is most simple in the application, since attorney always can ask in his associates, friends, relatives, what associations cause the name of his legal formation
The second approach requires more significant expenditures. For reduction in the expenditures we can advise the computer program on the linguistic examination, placed in the Internet (www.analizfamilii.ru).The developers of program assert that each sound of human speech possesses the specific subconscious value. The qualitative characteristics of each sound of Russian speech were determined by scientists, which makes it possible to evaluate influence it is sonic to the mental condition of man. On the basis of this procedure was created the computer program of analysis, with the aid of which it is possible to determine, what influence on the people renders the name of juridical firm or her trade mark. The developers of this procedure indicate that the more expressed it is indicative, the stronger the emotional- subconscious significance of word.
Let us give examples of the phonetic-semantic analysis of the names some juridical firms. The designation of legal bureau "IRBIS" - this is merry, bright name, which greater approaches to mobile circus, than to legal office.
The result of the computer phonosemantic analysis of the name of a lawyer bureau "KROM" has revealed following attributes of this name: courageous, terrible, rough, rough, sad, cold, mobile, angular. Very menacing name. If in Russia there were private public prosecutor's offices, for them it would be ideal.
The name of a lawyer bureau "JUREX": womanly, good, safe, kind, beautiful, smooth, gentle, light, slow, easy, evasive. This name would approach the firm trading bedding more.
Good enough parameters are given with the analysis of the name of lawyer firm " Trust ": courageous, brave, loud, bright, joyful, strong, mobile. Legal protection of the name of lawyer` formation.
As it was spoken above, in practice it is possible to meet lawyers` formations(educations) with conformable, and even with identical names. It creates a negative practice among lawyers when to already known lawyer community with the untwisted firm name lawyers`formation(education) with the conformable name is attached. The last starts to function due to clients who are fraudulently intercepted at the untwisted lawyer community.
Creation, promotion and maintenance of the company name is a labour-intensive process. Lawyers-founders put time, money resources, personal image in this process. For this reason the lawyer community is obliged to struggle with such phenomenon, as theft of company names of lawyer formations.
To question the legal protection of the name of the legal person the Russian Federation according to which the right to the company name concerns to a category of exclusive rights is devoted to item 54 of Civil Code and protected from infringements. Item 4 of Civil Code's item 54 establishes, that the person who wrongfully uses the another's company name, is obliged to stop its use.
Besides the right to demand compensation of the caused losses (for example, in connection with loss of a part of clientele) is given to the victim in such cases. Protection of the rights is possible by the reference in Arbitration court but only in the event that company names coincide completely, including the organizational-legal form.
In conditions of absence of the special federal law on company names the position of the Maximum Arbitration court of the Russian Federation, stated in the Circular from May, 29th, 1992 NC-13/OPI-22 by virtue of which the court has considered possible to register various legal persons with the same distinctive element of the company name if they concern to different organizational-legal forms has received wide interpretation.
For this reason in Russia there only three lawyers` firms with one name, for example a lawyer's cabinet "Trust", a lawyers` bureau "Trust", Bar " Trust " can be.
It is represented to us that in the decision of a question on protection of the company name of lawyers` formation lawyers` chambers of subjects of the Russian Federation should borrow. The last should give up directed by on the account of new lawyers` formation if lawyers` formation with the identical company name already contains in the register of lawyers` formations of the subject of the Russian Federation.
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