I. Advisory and clerical services
1, legal consultation and writing litigation documents. This is a non-litigation business that every lawyer will involve, but it is ignored by many lawyers. Answering legal advice well requires both lawyers' profound legal knowledge and rich practical experience, otherwise it will only mislead the parties. Remember: we should attach importance to legal consultation as our own lawyer affairs, which is related to our reputation and future. Attorney's representation includes: litigation documents, including indictment, defense, indictment, petition, etc. ; Relevant legal documents, including power of attorney, will, etc. ; Non-legal documents.
2. Issue legal opinions and lawyers' letters. A legal opinion refers to a written legal opinion issued by a lawyer on behalf of the client, based on the factual materials provided by the client, correctly applying the law, and analyzing and explaining the relevant facts and behaviors. A lawyer's letter refers to a letter entrusted by the client to send a statement on relevant matters to the client designated by the client in the name of a law firm or lawyer.
Second, special legal services.
1, company-specific legal services
Including the establishment and dissolution of enterprises, general legal affairs in the daily operation and management of the company, special legal affairs such as investment and project development, financial financing, company securities business, acquisition and merger, enterprise leasing, contracting, custody, intellectual property rights, labor and personnel.
2. Special legal services for construction and real estate
Including planning, participating in negotiations, preparing application documents, and applying for approval on behalf of the company; Legal affairs in land requisition, assignment and transfer of state-owned land in the stage of land use right acquisition; Document handling, dispute resolution, document submission and other affairs in the demolition stage; Preparation, drafting, review of bidding documents and supervision of the performance of engineering and equipment contracts in the construction stage; Sales, leasing, mortgage financing and other links in the real estate operation stage; Related affairs in the stage of property management.
3. Special legal services for finance, securities and insurance
Include legal advisory services for financial institutions, legal services for deposits and loans, legal services for bills, trusts and foreign exchange, legal services for futures and bonds, legal services for leasing, legal services for international settlement and financing, legal services for insurance, legal services for credit cards, e-banking, online payment and the establishment of foreign-funded financial and insurance institutions.
4, intellectual property special legal affairs
Including intellectual property declaration agency, property management assistance, property transfer agency, special intellectual property agency, ownership agency, infringement agency, technical comparison consultation and dispute agency, providing all-round intellectual property legal services with copyright law, patent law, trademark law, technology contract law, information network law, trade secret law, unfair competition law and anti-dumping law as the main contents.
Legal Consultancy Business The legal advisers of individuals, legal persons and other organizations are not only legal advisers, but also mainly responsible for non-litigation affairs. Citizens, legal persons and other organizations hire legal advisers in order to avoid litigation affairs and make their actions more in line with the law. The exception is that lawyers, as legal advisers of enterprises, should not only provide legal advice for the production and operation of enterprises, but also assist enterprises to carry out perfect legal management and formulate articles of association, contract management regulations and employee manuals. This requires lawyers to have both economic knowledge and management knowledge.
5. Business account management and non-litigation collection.
Third, other non-litigation legal business.
1, commercial credit survey
Including natural person's household registration certificate, marital status, real estate registration, ship registration, mortgage registration, industrial and commercial registration, industrial and commercial annual inspection, branches, investors, creditor's rights, debts, investments, assets, etc.
2. Lawyer's witness
Entrusted by the parties or with the consent of the parties, in the name of law firms and handling lawyers, examine and prove the authenticity and legality of the matters applied by the parties.
This service follows three principles: direct principle, fair principle and compulsory notarization without witness principle.
3. Lawyers handle notarization. It refers to a kind of non-litigation legal affairs in which lawyers accept the entrustment of the parties to handle notarization matters on their behalf.
The usual practice is: to conduct a comprehensive review of the authenticity of the legal facts submitted by the trustee and make a conclusion whether it conforms to the national laws, regulations and policies; Legal opinions should be written in legal documents signed by both parties. If there is any dispute over the legal documents witnessed, lawyers are obliged to prove the contents of the testimony and bear certain legal responsibilities.
4. Buy with a lawyer
(1) Approve the qualification of commercial housing development and sales. Including the main qualifications of developers, sales agents and construction contractors, the government's approval of project establishment, land, planning, construction and sales, the developer's credit certificate, bank guarantee and other financial conditions, to provide legal advice for property buyers to make decisions.
(2) Review and sign the purchase contract. Assist the buyer to improve the terms of the contract as much as possible, put forward reasonable plans according to law for important terms such as area difference, delivery time, delivery quality, warranty period, property right transfer and liability for breach of contract, and negotiate with the developer to protect the legitimate interests of the buyer to the maximum extent.
(3) Supervise the performance of the house purchase contract. After the pre-sale contract is signed, we will provide regular and cautious follow-up services, paying attention to the development progress, the use of pre-sale funds, the ownership of pre-sale houses, and the approval of project quality grades. Inform the purchaser of the facts that may affect the performance of the contract at the first time and reply in time.
(4) Review the housing delivery. According to the contract, check whether the delivery time, area, quality and specifications of the commercial housing meet the agreement; Review whether the delivery time and quality of water and electricity, communication network, public facilities, environmental facilities and other supporting contents meet the agreement; Determine the start and end dates of the warranty period and sign the warranty contract; Supervise the developer to handle the registration of property rights.
(5) Dispute settlement. On behalf of property buyers and developers, we will discuss and negotiate the disputes over signing and performance in the whole process. For fundamental breach of contract and major changes, when appropriate, the agent buyer shall file arbitration or litigation according to law.
5. Negotiation, negotiation, drafting, review and modification of agency contracts and agreements. With the participation of lawyers, contracts and agreements will be more standardized, which will help to protect the legitimate rights and interests of customers to the maximum extent and lay a good shot for future disputes. The lawyer's affairs in the contract are divided into three stages: the contract preparation stage. At this stage, lawyers can get as much information as possible from clients, including clients and counterparties, and draw up a negotiation plan. At the same time, it should also explain the existing relevant laws and regulations to the client; Signing stage. At this stage, both parties to the contract will negotiate related matters, lawyers will participate in the negotiation, and they can also explain to each other the legal basis of their requirements; Performance stage. After the contract comes into effect, it does not necessarily mean that it can be performed. When the actual situation needs to suspend, modify or terminate the contract, the lawyer can negotiate with the other party on behalf of the client.
Second, the lawyer's lawyer's fee.
The lawyer's fees are calculated in stages, and the percentage is reduced and the base is increased in stages. For example, for a target of 5 million yuan, the lawyer's agency fee is calculated as follows: the agency fee below 500,000 is 5% = 25,000, 500,000 to 654.38+0.000, 4% = 20,000,654.38+0.000 to 2.000, 3% = 30,000, 2 to 5.000, and 2% = 60,000, which is roughly.
Third, the concept of lawyer qualification certificate
A lawyer's qualification certificate is a qualification certificate for applying for lawyer's practice and engaging in lawyer's profession. Pass the national unified examination or assessment. From 1986 to 2002. After 2002, the certificate was replaced by the legal professional qualification certificate (national judicial examination).
Holding a legal professional qualification certificate or a lawyer qualification certificate is regarded as obtaining a lawyer's professional qualification, lawyer's qualification, lawyer's qualification, etc. However, the state implements the dual-certificate management of professional qualifications and practice qualifications for lawyers. If you want to engage in legal work as a lawyer, you still need to obtain a lawyer's practice certificate or a lawyer's work permit.
If you want to be a lawyer now, you usually have to pass the relevant exams. If the parties want to be lawyers, they have to review and prepare early, and the French exam is still difficult. The above content is about the lawyer's non-litigation business that I compiled for you. I hope it will be helpful to your work and study.