Counseling is the most common type of legal assistance. There is an opinion that it is much easier to give legal advice than to conduct a case. But this is not the case, because when conducting a case, there is enough time and information to choose the right position, and in counseling, the correct answer often has to be prepared in the shortest possible time and based on minimal initial information about the case.
What lawyers usually offer
Usually lawyers underestimate the presentational role of counseling. The fact is that as a result of communication, a client can conclude an agreement with a lawyer to conduct a case or refuse additional services, and even worse, not pay for a consultation at all.
In this sense, the actions of lawyers can be divided into two categories. The first type of lawyers are colleagues who behave hyperactively towards the client. They do not really explain anything during the consultation process, intimidate the client with any adverse consequences if an agreement is not concluded to conduct the case, and then, when the agreement is concluded, they promise to achieve a positive result in the case. The second type of lawyers are colleagues who do not provide clients with useful and understandable information, do not require anything from them, relying on the fact that people themselves will take the initiative and hire a lawyer to handle the case. The most common mistake of both is that they do not see the client as a person - with their own fears and experiences, their own way of thinking and, as a rule, insufficient legal awareness.
What else can be done
Firstly, it is necessary to create a comfortable communication environment for the visitor – comfortable armchairs, a beautiful office, paintings, an aquarium… All this is desirable and should be, but above all, a caring attitude towards the applicant for legal assistance. At the meeting, invite him to sit down and point to a chair or armchair where it will be convenient for him to talk to you, and when you say goodbye, take the person to the exit - the result will be stunning. Communication should be confidential, as many people are embarrassed to talk about their problems in the presence of strangers, although some, on the contrary, are looking for such an opportunity. Interrupting counseling with telephone conversations is unethical and ugly. To understand this, look at many colleagues, put yourself in the shoes of customers. And don't do that again!
Second, let the client talk. When people come for a consultation, they often do not understand what information from their lives is relevant to the case, so the story of the case sometimes turns into a lengthy narrative about life and work, relationships with other people, etc. Never interrupt the client immediately with the question "What do you want?". It is better to listen to the client from beginning to end in the form in which he proposes, as this will allow you to create an idea of \u200b\u200bthe person with whom you may later have to cooperate. People like to be listened to because it is a sign of attention. When a person sets out the main thing that he wanted to tell, you can frankly ask him: “Tell me, please, how can I help you?” - and then continue the conversation in the form of a question - answer.
Third, figure out what the client wants. People usually unconsciously exaggerate when describing their problems, and this is frightening, especially for novice inexperienced lawyers. Really complex issues need to be divided into several simple ones (“chunking the problem”) and solved each separately. If it is difficult to answer the client's question right away, then you need to set a time for a return visit.
There is a sure way to understand in detail what the client wants. This is to capture the information that he tells you.
If counseling is connected with the subsequent drafting of claims and complaints, as well as with the conduct of the case, then it is advisable to offer the client to state all the information about the case in writing. People usually like this form, as they can focus the attention of the lawyer on the necessary details, and he, with the help of written notes, is able to delve deeper into the case and study the personality of the client. In addition, during the consultation it is very useful to draw diagrams of the described legal problem, as well as to audio-record the conversation, which will not only allow you to reproduce the information provided to you in detail, but also subsequently analyze your own mistakes in communicating with the client.
Fourth, make a simple algorithm of actions for the client. Some lawyers reduce advice to citizens to reproducing the text of laws, either from memory or quoting, or suggest that clients read the law themselves. After such a consultation, people sometimes do not understand what they were told and why they came, but only politely pretend that everything is clear to them.
Legal reasoning is certainly important, however, according to my observations, the latter is always remembered better for the listener. That is why any consultation should end with a simple conclusion, a clear algorithm of actions. Problem solving algorithm and various options I usually draw on paper (board) for visual assimilation of information. By the way, many clients asked me for such schemes after consultation.
Counseling can be not only oral, but also written. Lawyers rarely resort to written consultations. But in my practice, they sometimes contributed to the resolution of the problem, since officials and citizens, having familiarized themselves with the explanation of the law, sometimes voluntarily stopped violating the rights of clients.
A positive outcome of counseling should be sought in all cases, even if the client's problem does not have a legal solution or this solution is rather complicated.
CASE STUDY
An elderly man spoke about the problems of living together in an apartment with his son-in-law, a drunkard, about constant scandals and insults on his part, to which his daughter does not respond. Moreover, she is categorically against taking measures of administrative responsibility against her husband. In such cases, it is pointless to make recommendations of a legal nature, since it is impossible to evict a brawler or send him for compulsory treatment. It remains only to cheer up the client and create confidence in his own abilities. I usually say to such people: "You can call me on the phone at any time if there are problems, I will always try to help." And clients love it. I like it because he is not left alone with his intractable problem.
Fifth, do not impose your services. It is better if the citizen decides to conclude an agreement to conduct the case on his own, since in this case the risk of further refusal of the services of a lawyer will be much less. However, the client's decision can be indirectly influenced by information about the complexities of legal proceedings, about frequent cases of judicial arbitrariness. The presentation of such information must be reasonable, otherwise a person will generally lose any desire to protect his rights.
Who can get a tax deduction for the purchase of a garden plot? This question interests many citizens. More than 6 years ago, a new benefit appeared, which is valid when buying a garden plot. Those citizens who throughout the year have the opportunity to deduct a 13 percent income tax to the state account have such a benefit as a tax deduction for the purchase of a garden plot. It also returns a part of the amount that was contributed to the budget.
Getting a tax deduction
How do I get a tax deduction on a purchase? land plot? If someone wanted to become the owner of a new garden plot with a ready-made house or with an empty territory, such an acquisition costs a lot. And, of course, I would like to see at least a small investment returned back. To do this is quite realistic, you only need an application.
To make it easier to figure out what types of purchases are taken into account for this property deduction, they were divided into the following categories:
A land allotment without structures, which provides for the future construction of private housing construction. Patience is needed here: the money will be returned only if the house is built and the right of ownership is legally registered on it. It is impossible to get a deduction for the purchase of a land plot if the land has remained undeveloped. When a land plot is just purchased, it is necessary to indicate that it is being purchased under this benefit, otherwise, after a while, the application for a refund will be refused.
The allotment on which the house is already located. When filling out all the necessary documents for the sale and purchase, it is necessary to make a mandatory statement on what type of benefits the property is acquired. Documents are submitted to the tax office.
The territory was bought with a loan. In this case, there will definitely be an overpayment, but it is often reimbursed separately. The interest deduction is not tied to the amount of the main deduction for land and buildings.
There are important limitations under such conditions. For example, a tax deduction for the purchase of a plot of land is valid in such cases when:
- The plot is acquired by a Russian citizen who does not go abroad for 182 days during the current calendar year.
- The buyer of the acquired land has an officially fixed income tax of 13 percent.
Thus, the category of beneficiaries is very limited. Some do not pay a 13 percent tax to the state budget, non-residents do not stay on the territory of the state for the number of days required by law.
But even if the established rules are followed, there are still a number of restrictions for considering a request on how to get back a certain amount spent on a purchase. These include:
- registration of a transaction with family members, even if the sellers are close relatives;
- purchase of a land plot with funds allocated by a public authority or provided by an official, and the buyer did not contribute his own funds, which is documented;
- there is a house on the site, but there are no rights to it;
- the land acquired by the owner will be used not for the construction of a dwelling, but for other purposes.
There will be no surcharges if the purchased plot turns into a garden, garden, cottage.
When considering a request for a benefit, such nuances as types of land deductions will be taken into account. They are divided into:
- Basic. Land, house and plot are taken into account. The amount will be 2 million rubles, income tax refund - 260 thousand rubles.
- Additional. This is the case if the land is purchased on credit. Then the amount will be large - 3 million rubles. An additional bonus to 260 thousand rubles. will be 13%.
Only for those sites you can get a benefit, the documents for which were issued after 2010, from January 1. Before this date, the law has not yet entered into force and the transactions have not acquired legal grounds.
Documents for such a benefit are drawn up at the tax inspection department, and the amount due can be received there from hand to hand.
The employer also has the right to issue the necessary documents, and then it will be possible not to pay income tax for the entire current year.
Back to index
Documents for issuing a deduction
3-NDFL are those cherished declarations for those who draw up documents for a tax deduction when buying a plot. Under this number are the papers that need to be filled out. Still have to prepare:
- a statement containing a request to provide for a tax deduction;
- listing statement;
- all documents with copies confirming that the buyer is indeed entitled to exercise the right of deduction.
It is allowed to apply to the inspection, demanding a tax refund, for the last 3 years, but not earlier than the deadline in the year when the record was made of the registration of ownership of the house, which is located on the purchased land.
Such a benefit can only be one-time and is provided for a single object.
This article is the result of my observations on what aspects make a good impression from a business letter.
It happens like this, you get an answer to your letter and immediately make an internal decision: I want to and will continue to communicate with these guys, but I want to say goodbye to these guys right away. Have you ever experienced this? I have - yes. The last such practice happened to me quite recently: I corresponded with different companies for the selection of language courses.
Below are my summarized conclusions about what you should keep in mind if it is important for you that yours makes a good impression on the addressee and makes him want to continue business interaction with you.
1. Email response time.
- Positive letter ending
- the last thing that remains in the field of attention of the addressee when reading your letter. Fix the emotionally positive atmosphere of business communication in the last phrases. Create a good mood for the addressee so that he wants to communicate with you again!
Compare:
| Answer option 1 | Answer option 2 |
| Hello Masha! First of all, thank you for choosing our institute! We are sure that you will be satisfied with our cooperation. In order to send you an invoice, we need to get the details of your employer company from you. Please send them as a reply to this letter.….. | Hello Masha! First of all, thank you for choosing our institute! We are sure that you will be satisfied with our cooperation. In order to send you an invoice, we need to get the details of your employer company from you. Please send them as a reply to this letter. If you have any questions - please contact us! |
Tip #4: Set the addressee to continue the dialogue. Show respect! Create and strengthen the mood of comfortable cooperation! Share your positive mood and sincere desire to continue business interaction with the addressee!
Options for final phrases:
I will be glad to cooperate!
I will gladly answer your questions.
If you have any questions - please contact us!
Looking forward to fruitful cooperation,
Always ready to help and answer your questions.
Sincerely,
Sincerely,
Yours sincerely,
With respect and hope for fruitful cooperation,
5. Signature and block of contact information.
It is important for a person conducting business correspondence to understand who is “on the other side of the monitor”: the name and surname of the addressee, position, contact details.
What is it for?
Name and surname - allows you to conduct personal communication.
Position - gives the addressee an understanding of the boundaries of authority and professional competence in resolving issues.
Coordinates - provide the possibility of additional operational communication if necessary.
Compare: which of the answers looks more professional and inspires more confidence in the information.
| Hello! I passed the pre-test when enrolling in a Spanish course at your institute. According to the results of testing, I was recorded in the PS-A2.1 group. My tuition will be paid for by my employer. Please send me an invoice for tuition fees. Thank you. Sincerely, Masha Petrova | |
| Answer option 1 | Answer option 2 |
| Hello Masha! First of all, thank you for choosing our institute! We are sure that you will be satisfied with our cooperation. In order to send you an invoice, we need to get the details of your employer company from you. Please send them as a reply to this letter. If you have any questions - please contact us! - In fact, I have long been tired of the topic of tough negotiations. I would say that now I teach people just the opposite - the ability to listen, not to speak. Aggressive negotiations, when one side tries to "push through" the other at all costs, is the last century. The most successful people in business today are those who have the talent to listen to others. It was possible to guess that another era began ten years ago. Here is a well-known example: Microsoft's management was very good at promoting their products, but did not feel the market. And Steve Jobs listened sensitively to the consumers themselves and understood better what they want. As a result, Apple won. The future belongs to visionaries, and the main quality of a visionary is to understand what others need. But most CEOs are "opportunists": they see short-term opportunities that allow them to win a niche market from others, and completely fail in the long run, because they do not feel the trends that change the market itself. I read that your experience in the FBI programs, where you trained policemen to negotiate with terrorists, helped develop your own method of negotiating. What is the point? “I was hired by the FBI to run training programs that would help cops avoid unwarranted tragic incidents. I always had cases in front of me when a policeman kills an unarmed child or, conversely, a criminal kills hostages, and I had to help the policemen avoid such “aggressive negotiations” that end in the death of one of the parties. Through the analysis of such cases, I realized what a huge role neurophysiology plays. When a person is in a stressful situation, the level of cortisol (the stress hormone. — RBC) in his blood increases. The person becomes aggressive and prone to impulsive, thoughtless actions. If you try to put pressure on him, it will not lead to anything good. But, if he suddenly sees that you are listening to what he says, trying to understand his position, no matter how wild it may be, cortisol in his blood begins to fall, and the level of another hormone - oxytocin - begins to rise. Oxytocin is known as the “attachment hormone” because it makes people feel emotionally close to other people. Thanks to high level oxytocin, for example, mothers easily tolerate the crying of their infants. If the criminal sees that he is being listened to, he begins to feel a connection with the negotiator - his emotions suddenly become important to him, he also begins to try to understand his position. Thus, in any negotiations, including business ones, you can influence emotional condition interlocutor. But I don't teach how to win negotiations while losing your life. I teach how to lose negotiations by winning influence over other people. - In the book "How to talk to m ... ducks" you say that the first step to understanding the interlocutor you don't like is to admit that he is much more insane than you first thought. “People think anyone who thinks differently from them is crazy. And in a world that is becoming more specialized, the number of "madmen" is growing every day. For example, when an IT specialist and a salesperson are talking to each other, both are sure that their interlocutor is an idiot, because he focuses on details that seem unimportant to the other, and thus simply infuriates. But my definition of insanity is different: a madman is a person who acts irrationally, not perceiving constantly updated information from the world around him. At the same time, his actions may seem logical, especially to himself. This is a person who does not hear the interlocutor: he is unbearable as a partner and as a leader. My hypothesis is that the unwillingness to understand the other is an irrational manifestation of the instinct of self-preservation. People like to speak themselves, broadcast their picture of the world to others, because in this way they relieve stress. But from a business point of view, this is a very poor quality. - And such "madness" is typical for many company executives? — This is a problem of many CEOs, which also manifests itself in team management. I often tell the CEOs of the companies I work with that there are six words your employees can't stand, and only one word that you yourself truly hate. The six words are "vision", "mission", "culture", "strategy", "values", "goals". When you say, for example: “Our company has goals,” employees smile and pretend to be interested, while their own heads are spinning: “Will I be fired in the next six months? There are rumors of cutbacks." People do not perceive your big words. — And what word do the managers themselves hate? It's the word "people". Look, you have a great strategy, a great product, a clear vision for the future of the company, and people, employees and consumers, spoil it all: they do not understand, they have no passion, they nod at you, and they themselves keep a fig in their pocket. If you want to be effective, you must motivate them to really listen to you. And this is a lot of work on how and what you say. For example, don't use the word "goals" - replace it with the word "needs". Not everyone has goals, but everyone has needs. You want to create a powerful company that will be part of the future, and people just want to survive, and they don't care about your goals. Therefore, monologues in the style of "Shut up and do what I say!" will never work. It is better to convey to the team another thought: “I need your help. If you help me make a lot of money, I can give you a raise and bonuses.” Mark Goulston (Photo: personal archive) "Bright Founders Are Rarely Good Directors" — What are the most typical issues on which you advise companies? — Now I often work with the founders of young companies who have managed to attract large funding. The most interesting area of work for me is communication between investors and founders of companies, which in most cases, surprisingly, is bad. Investors often romanticize founders because they need to invest in someone and they choose charismatic people who have an interesting product. However, bright founders of companies are very rarely good directors: they are passionate about their idea, but usually completely incapable of making difficult decisions, such as firing co-founder best friends when they start to drag the company down. Having invested in a startup, the investor waits for a year or two, and his expectations begin to diverge more and more from reality: distrust and aggression arise between him and the founder of the company, and then there comes a severe break, with accusations and slamming doors. But both sides created the problem themselves! My task is to help the founder understand whether he can be a good manager. I want him to clarify what the investor's expectations are before signing the agreement, and together with him analyze what he needs to change in his approach in order for the investor to have confidence. Experience shows that after such work, the friction between the investor and the founder becomes minimal: the founder is still not immune from various failures, but he no longer creates a false image, and this is important. People forget the mistakes you made, but they will never forgive if they were lied to. — And if a startup is doomed from the very beginning and nothing can help it? — Co-founder of Dialexis (the largest sales training center in the US. — RBC) David Hibbard once taught me a psychological trick he calls "The Question of the Impossible". When a businessman comes to you and complains that his business is not going well, you ask him: “Is there anything impossible that could radically improve your business?” After thinking, he says: yes, such and such an action could improve him. And you ask him: "How to make this impossible?" He begins to think and says: you need this and that. And so you gradually come to the fact that there is a very real solution, consisting of specific steps. For most companies, such solutions can always be found. “Directors often confuse self-confidence with rudeness” — You advise mainly American companies, but sometimes you also speak to Russian entrepreneurs. Do you think the Russian way of doing business is very different from the American one? — We, Americans, try to make business more personal: we are interested in the health of partners, we make gifts for their family members, we try to please. And in this sense we are more naive. Russians do not get into the private lives of partners: for you, business is just a matter that needs to be done. When it's done, we'll have a drink together, but we're not best friends, we're just partners. Americans often see Russians as impolite, sullen because of this, but I like your more honest approach. However, these differences are not all that deep. In addition to advising companies, I hold the position of chief mentor at China Foundations. This is an organization dedicated to improving the quality of cooperation between Chinese employees of companies and American expats who work in China. One of the things that never ceases to amaze Americans with a little exposure to life in China is that the Chinese don't tell their spouses, "I love you." It turns out that the Chinese are callous, devoid of love egoists? Of course not. They also love their family, only instead of "I love you" they say: "What are we having for lunch?" Most of the differences are external. — It seems to me that the Russian business culture is still very different from the modern American one. For example, we have a lot of entrepreneurs who are convinced: you have to be tough, you can’t give up an inch, especially to subordinates. The same phrase "Shut up and do what I say!" often and not without success is used in Russian companies. — Both in Russia and in the US directors often confuse self-confidence with rudeness. In my practice, there was a case when I told the director of one of the companies: "I will not work with you for any money, because you offend people." It's like watching kids get beat up. Moreover, this approach is also unproductive: the employees of such managers are subjected to constant stress. If I get up in the morning and feel like I hate my job, will I work hard today? Companies do not need such directors. These are bad managers: people who cannot benefit from business opportunities try to extract it from other people. In fact, companies need directors who are driven by their own mission, who know how to be strong, but in a non-aggressive way. By the way, I periodically come across directors in companies who look down on me: “I have been in this business for twenty years, and you are some kind of psychiatrist. What can you give me of value? I smile at them and ask: well, tell me about everything that you have achieved during this time. What have you built, what have you achieved? And this is where most fall silent. I'm not trying to offend them, but this phrase makes ill-mannered managers think. Why does this trick work? - Because there is a word that everyone is interested in - "results". And everyone knows very well that in business everyone is judged by results. Leaders in the mass are introspective: they look inside themselves, it seems to them that they are great people, perfection itself. But when they are reminded of the results, they remember that there is an impartial way to evaluate them from the outside. Am I producing better or worse results than I expected five years ago? What have I done for Last year to improve them? What qualities have you destroyed in yourself? All this leads to the work of a person on himself. - What should you be able to do?good manager? — He must be able to inspire employees. Most people who do not strive to do anything in life are passive, not because they are not confident in their abilities. They think differently: even if I am lucky and I can achieve this and that, it will not make me happy, so I will not even try. That's why a good leader must be able to switch the right triggers in people: be calm - to inspire confidence, modest - so as not to arouse envy, be good at your job - to delight. You say that not everyone has goals. Do you yourself have any global goals besides routine work with directors of companies? - Do you know the concept of "antagonistic game"? So called games in which winning one means losing the other, without draws and compromises. Now many people perceive the situations in which they find themselves as a game of heads and tails. In America, the topic of immigration makes people feel “either they us or we them.” Company directors and political leaders look down on people and say: I'll do what I want, but I don't care about you. My mission is to ensure that there are no such games in the world. There are many in the world good people, but most of them are narrow-minded, they are stuck in their vision of the world. Why is the United States so disliked in Russia, while Russians are disliked in our country? We returned to the beginning of the conversation, to the IT specialist and the salesman - we simply do not understand each other, therefore we consider the interlocutor an idiot. And to justify this, we adjust examples from history, negative forecasts, etc. One of my teachers, psychologist Wilfred Bion said: "The best communication is to listen without memory and desire." Without memory - so as not to judge the interlocutor for past mistakes. Without desires - so as not to make it the way it would be convenient for you. To teach people such communication is my task. | |