Chapter I General Provisions
Article 1 In order to standardize the management of external lawyers, give full play to the role of external lawyers, improve the company's legal risk prevention ability and level, avoid and reduce legal risks in business management, and earnestly safeguard the legitimate rights and interests of the company, these Measures are formulated in light of the company's actual situation.
Article 2 These Measures shall apply to provincial companies and their subsidiaries and branches.
Article 3 A company's external lawyer refers to a practicing lawyer hired by the company from a law firm to provide legal services within the scope agreed in the contract by signing a contract for the employment of legal counsel.
The company's external lawyers include perennial legal counsel and special legal counsel. Perennial legal adviser refers to a practicing lawyer hired by the company from a law firm to provide legal services within the scope of the contract for more than one year. Special legal adviser refers to a practicing lawyer hired by the company from a law firm to handle specific legal affairs for the company.
Chapter II Management of External Lawyers
Article 4 The management of external lawyers shall follow the principle of unified management and graded responsibility. The legal affairs department of provincial companies is responsible for the management of external lawyers of provincial companies, and guides and supervises the management of external lawyers of branches and subsidiaries. All branches and subsidiaries are responsible for the management of external lawyers of the company.
Article 5 The responsibilities of the Legal Affairs Department of provincial companies in the management of external lawyers are as follows:
(1) Formulating measures for the administration of external lawyers.
(2) Recommend the proposed law firm and external lawyers to the company leaders.
(3) Organizing the selection and negotiation of law firms and external lawyers.
(4) Examining the legal service contracts signed between the company and the law firm.
(5) Designate a special person to be responsible for communication with external lawyers, and assist and supervise the work of external lawyers.
(6) Supervise law firms and external lawyers to abide by practice discipline and professional ethics, safeguard the interests of the company, and submit written work reports or closing reports as required by the company.
(seven) to assess the service level and quality of the hired law firm and external lawyers, and report to the company leaders.
(eight) to guide and supervise the management of external lawyers in branches and subsidiaries.
Article 6 The responsibilities of branches and subsidiaries of the company in the management of external lawyers are as follows:
(1) According to the Measures for the Administration of External Lawyers of Provincial Companies and the needs of work, decide whether to hire a law firm and external lawyers, and report to the Legal Affairs Department of Provincial Companies for the record.
(two) according to the provincial company authorized to sign a legal service contract with a law firm.
(3) The legal person in charge shall communicate with the external lawyers, assist and supervise the work of the external lawyers.
(4) Supervise the employed law firm and external lawyers to abide by the practice discipline, abide by professional ethics, safeguard the interests of the company, and require them to actively complete the entrusted matters and feedback the work progress, and report the work results (submit a written work report or a closing report when necessary).
(5) Assess the service level and quality of hired law firms and external lawyers, and report to the leaders of the branch and the Legal Affairs Department of the provincial company.
Article 7 Provincial companies shall implement filing management for external law firms and lawyers of branches and subsidiaries. All branches and subsidiaries shall report the employment of external law firms and lawyers to the Legal Affairs Department of the provincial company for the record. External law firms and lawyers include:
(1) The brief introduction of the law firm and the resumes of the lawyers employed.
(2) service plan.
(3) charging standards.
(4) Successful cases.
(5) Honors won.
Chapter III Employment of External Lawyers
Article 8 The employment of law firms and lawyers shall follow the principles of openness, fairness and competitive selection, and comprehensively weigh the reputation and strength of law firms, the professional ability, practical experience, professional ethics, work attitude and charging standards of assigned lawyers, and select the best ones.
The Company, its branches and subsidiaries shall give priority to the employment of outstanding national, provincial and municipal law firms and lawyers.
Article 9 The company, its branches and subsidiaries may employ full-time lawyers of law firms as perennial legal advisers to assist in handling daily comprehensive legal affairs and provide comprehensive legal services; You can also hire full-time lawyers from law firms as special legal advisers to provide legal services for specific projects of the company.
Article 10 A law firm or lawyer to be employed shall generally meet the following basic requirements:
(1) The professional background, service quality, professional ethics, social evaluation and charging standards of the team have obvious advantages in the same industry.
(two) the law firm has a certain scale and strong strength in this region, with high professional ability and quality, and has a good professional image and influence.
(3) It has no bad practice record in the last three years, and the law firm and its major partners have not been subject to administrative punishment in the last three years.
(4) Anyone who has served as a legal adviser in a company or branch that has a competitive relationship with the Company shall not be employed as a legal adviser.
Preference conditions:
(1) It has been selected as a national or provincial excellent law firm in the past three years.
(two) familiar with the characteristics of radio and television industry, and have rich successful experience in serving state-owned enterprises is preferred.
Article 11 An external lawyer employed as a perennial legal adviser shall undertake the following tasks:
(1) Answering relevant legal questions raised by the company, providing legal opinions for the company's management and business activities, and issuing legal opinions when necessary.
(II) Providing relevant opinions and suggestions for the company to establish and improve various rules and regulations.
(3) Provide all kinds of legal information related to the company's business.
(4) Assist the company in legal education for employees and organize business-related legal training.
(five) to guide and help the company's legal affairs.
(6) Drafting, amending and reviewing various contracts, agreements and other legal documents of the company.
(VII) Providing consultation for the construction of major projects of the company, issuing legal opinions, preparing relevant legal documents, and assisting in handling relevant procedures.
(eight) to accept the company's entrustment to represent the company in litigation, arbitration, administrative reconsideration, hearing and other legal procedures.
(9) Any communication behavior of denigrating and belittling the company published by the company's competitors in newspapers, magazines, television, radio, internet and other public media shall be stopped by legal means, and the losses shall be recovered by means of prosecution if necessary.
(10) Legal risks existing in the company's operation shall be reported to the company every six months, countermeasures and suggestions shall be put forward, and related lawsuits or major entrustment matters shall be reported at the same time.
(1 1) According to the company's requirements, the legal adviser will go to the company's office at least once a week to handle relevant legal affairs.
(XII) Handling other legal affairs assigned by the Company.
Article 12 After the selection of the company's external legal counsel, the company shall sign a legal counsel employment contract with the law firm, including but not limited to the following contents:
(a) the name of the law firm providing legal services, the name of the lawyer, and the practice license number.
(two) the scope of work and main contents, working hours, specific tasks and requirements.
(3) The starting and ending time of the employment period.
(four) the way to provide services or agents.
(5) charging standards, service prices and payment methods.
(6) Rights and obligations of both parties.
(seven) the duration and responsibility of keeping the business secrets of the enterprise.
(eight) the reception and evaluation of work results.
(9) Liability for breach of contract and dispute settlement methods.
(10) Modification and rescission of the contract.
(eleven) other contents that need to be agreed.
Article 13 Legal consultant fees shall be paid by installments.
Article 14 The principle of signing a legal service contract once a year shall be applied to the employment of perennial legal consultants.
Article 15 Before the expiration or termination of the legal consultant contract, if both parties intend to renew the contract, they should negotiate the terms of renewal in time to ensure the continuity of legal services. After the legal consultant contract expires or is terminated due to legal services, the law firm or lawyer shall write a summary report in time.
Article 16 In the course of working, the company's external lawyers come into contact with the business secrets in the company's production, operation and management and external liaison activities, and are obligated to keep them confidential, and their confidentiality responsibilities are not exempted due to the termination of the employment contract of legal counsel.
Article 17 If an external lawyer of the company commits any of the following acts, he shall report to the law firm in time, and may terminate the employment contract of legal counsel according to law and demand compensation for losses.
(1) Acting as an agent of a competitive enterprise within the validity period of the legal consultant contract.
(2) In case of any dispute between the company and other enterprises employed by it, the company shall represent the other party in litigation or arbitration.
(3) Acting as the agent of the other party in litigation or arbitration activities.
(four) other acts that damage the legitimate rights and interests of the enterprise or violate the employment contract.
Article 18 After the employment of perennial legal counsel expires or special legal affairs are over, the legal services provided by external legal counsel shall be comprehensively assessed and evaluated, and the assessment results shall be reported to the company leaders and the legal department of the provincial company. The evaluation results will serve as the main basis for whether to renew the employment in the following year.
Article 19 The Legal Affairs Department of the provincial company shall gradually establish an alternative database of law firms, and incorporate the law firms and lawyers with excellent work performance and dedication into the lawyer database. Law firms and external lawyers listed in the alternative database have priority in employment under the same conditions.
According to the ranking and evaluation opinions of professional legal services with credibility, the performance, experience and service attitude of law firms and related lawyers to customers, and the evaluation records of legal services provided by the company, the Legal Affairs Department of the provincial company shall formulate and update the list of alternative law firms at any time.
Article 20 If an external lawyer is not qualified for permanent legal counsel or special entrustment, he shall promptly request the external law firm to change lawyers.
If an external lawyer seriously neglects his duty or seriously infringes on the company's interests in the process of providing perennial legal services or special legal services, he should report to the company's leaders in time and terminate the legal service contract of the external law firm until the relevant law firm is held liable for compensation. Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.
Chapter IV Supplementary Provisions
Article 21 Any branch or subsidiary that neglects the management of external lawyers or fails to perform the reporting and filing in accordance with the provisions of these Measures shall be punished in accordance with the relevant provisions of the Company. If economic losses are caused to the company, the relevant responsible personnel shall also be investigated for economic compensation.
Twenty-second law firms and lawyers who have been employed before the promulgation of these Provisions may continue to be employed according to the original agreed time limit. After the expiration of the employment period, whether to renew the employment shall be re-determined according to these regulations.
Article 23 The Legal Affairs Department of the provincial company shall be responsible for the interpretation of these Provisions.
Article 24 These Provisions shall come into force as of the date of promulgation.