Legal advisers are legal advisers, assistants and friends of companies, enterprises, state organs, social organizations and individual citizens. Practice has proved that handling legal affairs by legal advisers with certain legal knowledge and work experience can not only prevent legal disputes, but also better solve legal disputes, avoid or reduce economic losses to the maximum extent, and effectively protect the legitimate rights and interests of citizens and legal persons.
first, the role of legal counsel
(a) to answer legal questions that the parties need to consult;
(2), provide legal advice and legal basis for the behavior of the parties;
(3), help the parties to establish behavior risk assessment, behavior risk prevention and behavior risk disposal mechanism;
(4) Providing relevant legal training to relevant personnel that the parties consider necessary;
(5) participating in relevant activities that the parties consider necessary for legal counsel to participate in;
(6) The entrusted agent as a party participates in litigation and non-litigation activities;
(7) provide other legal assistance that the parties consider necessary.
second, what circumstances need to hire legal counsel?
Generally speaking, legal counsel should be hired in the following two situations:
First, when it is necessary to make a decision or dispose of one's personal rights, property rights and other civil rights according to law. Such as: the acquisition, transfer, transaction and licensing of rights, the conclusion and performance of contracts, business negotiations, the formulation of rules and regulations, and the issuance of notices, etc., especially when decisions or decisions are expressed in written form, they should be treated with caution. In this case, the purpose of hiring legal counsel is to prevent legal disputes. On the one hand, it can avoid and reduce disputes as much as possible, on the other hand, it can ensure that it is in the most favorable legal position when disputes occur. In specific legal affairs such as company listing and stock issuance, laws and regulations require the intervention of legal advisers and law firms, which is precisely for this "nip in the bud" consideration.
second, when problems or disputes occur. The occurrence of disputes is the result of the intensification of contradictions. To solve disputes, we need to have corresponding legal professional knowledge and rich experience in handling disputes. Only by fully understanding the advantages and disadvantages and weighing the gains and losses can we determine the appropriate solutions and solutions. In this case, legal counsel can be employed to investigate and collect evidence, formulate practical plans after weighing the pros and cons, actively respond, strive for benefits and reduce losses to the maximum extent, and better safeguard their legitimate rights and interests.
it is very important to prevent and resolve disputes. In particular, the prevention of disputes is often ignored. In fact, preventing disputes can often achieve twice the result with half the effort.
II. Scope of work of enterprise legal adviser
An enterprise employs a lawyer as a legal adviser, which establishes a long-term, stable and close service relationship between the enterprise and the lawyer. The main benefits are: (1) It is beneficial for the enterprise to obtain legal services at any time; (2) It is helpful for lawyers to have a more comprehensive understanding of the enterprise and make the legal services they provide more targeted and accurate; (3) After long-term cooperation, the two sides can better adapt to each other's working methods and characteristics, so as to better cooperate with each other in their work; (4) Long-term, stable and close service relationship can inspire lawyers to have a stronger sense of responsibility and provide better legal services for enterprises. Scope of enterprise legal counsel:
(1) Advice and suggestions on legal problems encountered by enterprises;
(2) personal consultation and suggestions on legal issues of enterprise employees;
(3) assisting enterprises in formulating negotiation strategies and schemes, participating in enterprise contract negotiation and providing legal advice, and participating in drafting and revising enterprise contracts.
(4) Participate in drafting and revising the internal labor and personnel management of enterprises, provide legal training for employees, improve their legal awareness, and ensure the implementation of enterprise rules and regulations;
(5) Providing targeted legal guidance to the management of the enterprise;
(6) drafting and examining the industrial and commercial registration materials, articles of association and other legal documents of newly registered enterprises; Get involved in various investment activities of the company in advance, provide guidance on legal affairs such as business administration and tax laws and regulations, and provide relevant legal services.
(7) to review the legal documents of trademark rights, patents, copyrights, trade secrets and exclusive management rights of enterprises, provide legal advice, and assist enterprises in formulating confidentiality systems and confidentiality agreements.
(8) You can attend the board meeting of the enterprise as an invitee to analyze and demonstrate the legal issues involved in the agenda of the board meeting; Put forward legal opinions on major business decisions of enterprises and conduct legal analysis and demonstration on major projects;
(9) Participate in bidding activities of enterprises, participate in project negotiations, issue legal opinions on bidding activities and make project tenders.
(1) Participate in the merger and division activities of enterprises, demonstrate the legality and possibility of their legal operations, draft and review specific legal documents, and participate in the negotiation and supervision of the whole activity;
(11) Participate in the selection and negotiation of investment projects and the design of investment schemes, and assist in finding investment opportunities and investment partners;
(12) according to the needs of the enterprise, issue a lawyer's letter in the name of legal adviser to express the enterprise's meaning in the form of law.
(XIII) introduce and publicize the newly promulgated national and local laws and regulations related to enterprises to enterprises from time to time.
(14) Providing non-litigation legal services for enterprises
(15) Providing litigation legal services for enterprises
III. Scope of work of individual legal counsel for citizens
(1) Providing 24-hour legal hotline service;
(2) Answering relevant legal advice involved in daily life;
(3) to help draft, revise and review various contract texts and legal documents required for various civil activities;
(4) to help plan, analyze and judge the personal legal affairs involved, and put forward suggestions and legal opinions;
(5) To negotiate transactions and disputes and assist in drafting the negotiation outline;
(6) helping to collect creditor's rights and issuing lawyers' letters;
(7) handling all kinds of lawyer witness business and handling legal notarization procedures;
(8) provide the relevant information required by the law for investigation;
(9) assisting in handling various civil, administrative and criminal disputes involving individuals, acting as an agent for prosecution, responding to lawsuits or negotiating with relevant departments, making statements, issuing legal opinions, lawyers' letters, etc.;
(1) Acting as an agent to participate in mediation, arbitration or litigation of disputes;
(11) handle other legal affairs.
III. Basic work norms of legal counsel
(1) Abide by national laws, regulations and industry norms.
(2) perform legal service obligations in strict accordance with the legal consultant contract established with the consulting unit.
(3) It is forbidden to charge any fees other than those stipulated in the consultancy contract from the consultancy unit.
(4) Strictly keep confidential the business secrets, personal privacy and other issues that need to be kept confidential.
(5) it is absolutely not allowed to have any contact with the consulting unit other than the matters agreed in the consulting contract.
(6) When providing legal services to consulting units, the cost of services should be reasonably controlled, and unnecessary expenses of consulting units should not be increased due to legal services.
iv. how to determine the legal consultant fee
except for a few provinces and cities that have guiding opinions, most of them adopt the method of negotiating fees. Generally speaking, different law firms have different charging standards, and the fees for legal counsel vary from firm to firm and the specific legal counsel they undertake, and some of them are still far behind.
to determine the legal counsel fees, we should first consider the average level of local legal counsel fees, and then consider the actual situation of the legal counsel himself and his firm. Generally speaking, the legal adviser's academic qualifications, qualifications, working time as a legal adviser, past work performance, firm performance and possible guarantee conditions are all important factors that affect the legal adviser's fee.
v. How to correctly handle the working relationship with the hired legal counsel
Generally speaking, the working relationship between the client and the hired legal counsel is equal and cooperative.
in the process of handling legal affairs, the legal adviser should contact the client in a timely and active manner, and report the progress of handling legal affairs and various problems that have occurred and may occur to the client in a timely manner. For those unconventional problems, the client should be consulted; Major issues affecting the principal's vital interests shall be decided by the principal after explaining the advantages and disadvantages to the principal.
the client should also give necessary cooperation to the legal adviser's work, which mainly includes: presenting a comprehensive and true situation to the legal adviser, providing corresponding documents and materials in time, and providing the legal adviser with handling fees and convenient conditions according to the legal adviser service contract, etc.
in the process of handling legal affairs, the purpose of the client and the legal adviser is the same. On legal issues, the client should give more consideration to the opinions of legal advisers; In terms of pros and cons, gains and losses, and trade-offs, legal advisers should respect the wishes of clients. As long as both sides respect and trust each other, it should not be difficult to establish a good working relationship.