How to hire private legal counsel
Steps to hire private counsel:
1. The employer requests to appoint a lawyer as his legal adviser. Under normal circumstances, the employer can send an invitation to hire legal counsel directly to the law firm, or send an invitation to the law firm through the relevant judicial administrative organs. At this time, you can send an invitation to the lawyer you want to hire. We can express our intention by telephone or at the employer's workplace.
2. Next, is the applicant willing to be your legal adviser? The applicant agrees that the expression of this application can be an oral commitment or a reply from the law firm. In this regard, you agree to appoint a lawyer as your legal adviser. At this time, you can carefully consider and investigate his legal qualifications to ensure that your employment meets your own requirements. If your employment is unsuccessful, you should change to a new legal adviser, or send an invitation to another law firm to hire a legal adviser.
3. After accepting the application, both parties shall exchange views on matters related to legal counsel, and clarify the responsibilities, legal relationship and relevant procedures of legal counsel. In order to consult each other, it is necessary for you to inform the way and purpose of hiring legal counsel. In addition, the two sides fully discussed and negotiated on the choice, scope, mode, term, responsibility, amount of fees and rights and obligations of both parties, and reached an agreement.
4. The contract or agreement shall come into effect after both parties reach an agreement through consultation and have no objection, and perform the signature and seal formalities at the time, place and manner agreed by both parties. By the way, when this contract comes into effect, it must be stamped with the official seals of both parties, and signed or sealed by the legal representatives or responsible persons of both parties, as well as natural persons.
5. After signing the contract, you can send a letter of appointment or a newspaper statement to the consultant lawyer. So the legal adviser you hired will officially work for you.
Brief introduction of private legal adviser
Private lawyers are individual citizens who hire lawyers as their own legal advisers. He usually provides legal advice to employers on various civil, administrative and even criminal issues, assists employers in handling specific legal affairs and prevents legal risks.
Private lawyers have become very popular in developed countries, Hong Kong, Macao and Taiwan, and domestic coastal cities have only begun to appear in recent years. However, because the legal concept of most citizens in China is still very backward, it is not common for citizens to hire private lawyers.
The work content of private legal counsel
1, family life:
Provide daily consultation on marriage, adoption, maintenance, upbringing, property ownership and inheritance, draft agreements on marriage, divorce, maintenance, adoption, property ownership, property division and gift, write books, witness wills and act as executor. In real life, when dealing with family personal and property relations, most citizens are often unwilling to sign relevant agreements in advance because of face, and the operation is extremely irregular, which can easily lead to unnecessary disputes and form emotional cracks between relatives.
2. Labor force:
Many workers are not clear about the labor contract and their rights and interests during the existence of the labor contract. Once a labor dispute occurs, their rights and interests will be in a state where they cannot be fully and fully protected. Private lawyers can provide consultation on all kinds of labor contracts, labor contracts and employment contracts, review and guide the signing of such contracts, guide workers to reasonably advocate labor protection, labor safety and labor insurance, and guide or assist in handling all kinds of labor disputes.
3, to participate in and buy insurance:
At present, with the establishment of the social security system, various social insurances are constantly being promoted and improved. Some citizens often buy commercial insurance such as property insurance (such as auto insurance) and personal insurance, but they are not very clear about the significance, coverage, benefit mode and claim settlement mechanism of various insurances. As a result, they spent a lot of money, benefited little, and suffered losses. Private lawyers can provide consultation on various social insurance and commercial insurance (property and personal), design insurance supporting schemes, inform insurance precautions, and review insurance contracts and terms.
4, property and personal injury compensation:
In daily work, life and study, citizens often damage others' property or person intentionally or negligently, or their property or person is infringed by others, but the legal consequences and compensation matters are not clear. Private lawyers can help you find these problems at once, collect evidence for you, guide you to deal with them according to legal procedures, and help you mediate such disputes when necessary, so as to avoid expanding the situation and causing additional losses and other unnecessary troubles to yourself.
5. Housing sales:
With the continuous improvement of people's living standards and the comprehensive popularization of real estate privatization in China, it is increasingly common for citizens to buy commercial houses and buy and sell second-hand houses, but the disputes among them are also rising. Lawyers can provide advice on laws, regulations and policies related to the sale of commercial housing and second-hand housing, guide citizens to see and choose housing, choose payment methods, participate in the negotiation of housing sale, review subscription books and contracts for the sale of commercial housing, review or assist in drafting contracts for the sale of second-hand housing, and guide the delivery and transfer of housing.
6, housing (real estate) lease:
It seems simple to rent idle houses or houses, shops, counters and venues. Because of various reasons, but there are also many legal problems in the middle, we must pay attention to avoiding all kinds of risks. Private lawyers can remind you of matters needing attention in renting or renting (or other property), assist them in signing lease contracts, guide the performance and supervision of lease contracts, and assist in handling lease disputes.
7. Financing and borrowing:
At present, investment financing and private lending have become important channels for citizens to put idle funds and financing for small and medium-sized enterprises, but there are many potential risks that may become a reality. Private lawyers can provide you with suggestions on investment, financing and loan models, remind you of different forms of investment, financing and loan risks, and draft or review relevant contracts.
8. Securities investment:
At present, securities investment has become one of the important channels for individual citizens to invest, and how to invest rationally and scientifically has become the primary problem faced by every investor. Although securities practitioners will also give investment guidance to customers, they often induce you to invest or make additional investments. Only a lawyer can guide you to invest rationally in science. Private lawyers can provide you with legal, regulatory and policy advice on securities, futures, funds and other products, explain the main points and risk tips of different securities products, guide citizens to engage in legal and scientific securities trading and implement hedging behavior.
9. Wholly-owned shops and factories:
There seems to be no problem in setting up a wholly-owned factory, but there are still many problems that need to be clarified in advance, such as site lease, business project license, environmental protection, taxation, employee relations, product quality responsibility, intellectual property rights and so on. You also need the guidance and help of a lawyer after you start. If you have a private lawyer, it is very convenient to consult. In case you find that the problem cannot be solved after opening it, it will cause undue losses to yourself.
10, cooperation, partnership (company):
With the deepening of privatization in China, it is more and more common for citizens to run enterprises in cooperation, but most of them are acquaintances, relatives and friends who cooperate or introduce cooperation, and are unwilling to sign relevant contracts through consultation in advance. In this way, once the cooperation is not good, many problems will appear, and these problems are often difficult to solve quickly. I suggest that everyone "put the villain before the gentleman" and do a good job in preventing cooperation risks. Private lawyers can help you do a good job in the feasibility study of investment projects, provide suggestions on the choice of partnership, cooperation and company operation mode, design the equity structure and project operation mode, review partnership contracts, cooperation contracts and articles of association, and guide them to exercise the rights of partners or shareholders in partnerships, cooperative enterprises and companies.
1 1, dealing with administrative punishment and preventing criminal offences:
From birth to death, citizens face the administrative management and legal constraints of state organs all the time in their lives. If you are not careful, you will be subject to administrative punishment, and even be investigated for criminal responsibility in a confused way. If so, it will cause economic losses to yourself, and even seriously affect your career development and family life. Therefore, it is necessary for cadres, entrepreneurs and other citizens who have the right to work to hire private lawyers to provide advice at any time to prevent unnecessary administrative violations and criminal risks.
The above is the introduction of hiring private legal counsel provided by Bian Xiao. I hope it will help you. Personal legal counsel generally requires a bachelor's degree or above in civil and commercial law, and must have a lawyer's relevant professional qualification certificate. This job pays well and the working environment is basically risk-free. In addition, it will be more popular if you can take the enterprise legal adviser qualification examination and obtain special professional qualifications. If you have any questions about personal legal counsel, you can consult a professional lawyer in detail.