At the end of the paper, the information of 120 group of non-performing assets was collected.
For a simple example, China has always had various tax havens, such as Linzhi in Tibet and Horgos in Xinjiang. I once met a senior official who asked about the preferential tax policies in Tibet. The whole workflow of legal affairs is as follows:
First, request financial assistance, provide the comparison of tax rates and preferential tax policies between the place where the enterprise is located and Tibet, and the method of tax refund;
Secondly, analyze the main types of beneficiary enterprises with financial personnel;
Thirdly, combined with the characteristics of the manufacturing industry to which this enterprise belongs, it is concluded that although Tibet is a tax haven, it is not suitable for this enterprise, which may bring tax inspection risks for a series of reasons.
Finally, do PPT and report it to the top.
In this simple legal consultation, after receiving the instruction, the Legal Affairs Department initiated the request of cross-departmental cooperation, and at the same time, studied and interpreted the legal policies, combined with the characteristics of the industry and the actual situation of the enterprise, and communicated with the management by email, PPT and other means after reaching the evaluation conclusion. Behind this series of actions, in fact, is the lawyer's familiarity with the enterprise and its industry, as well as insight into the high-level intentions, that is, the management's focus is not limited to what the preferential policies are, but also how to make decisions.
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Second, the trust of management is the most valuable asset in legal affairs.
According to western management theory, one party's trust in the other party is determined by many factors, such as ability, reliability and frankness, which are often mentioned by management scholars, and trust is positively related to relationship maintenance.
The identity of legal affairs determines its value because the opinions and decision-making suggestions it provides can be adopted by the management and actively prevented or controlled, thus reducing the risk level of enterprise operation or controlling the risk within a certain controllable range. Whether the management trusts legal affairs determines the effectiveness and value of legal affairs in the organization.
Therefore, the Legal Department should attach great importance to establishing and maintaining a trust relationship with management. If after joining a company, the legal department finds that no matter how hard it tries and how it is debugged, it can't agree with the management's value orientation and can't adapt to the management's behavior style. It is suggested that you can consider choosing another good tree to live in. Recently, I just read an article in headhunting industry, which mentioned that legal affairs are generally cautious about job-hopping, and there are not many active job-hopping, usually through headhunting channels, and management factors are also an important reason.
Whether as a member of the legal professional group or an employee of an enterprise, we should cherish our professional identity, be honest and honest, and not make some short-sighted behaviors that affect our professional image based on utilitarian motives. This is not only the protection of their career, but also the basic requirement of legal professional ethics.
Third, the legal capacity requirements
(1) Legal professional ability
Legal professional ability includes legal knowledge, legal research ability, legal logical thinking ability, legal humanistic quality and so on. I won't go into details here, but only provide a case as follows.
I had a job, passed the competition of written examination and interview, and then joined an old law firm as a paralegal of partners. My original experience, especially the written test plan, is also used as a reference when I recruit players. Details are as follows:
1, (fresh graduates) provide graduation thesis, make thesis statement and brief defense during interview;
2. Written test 1: logical single-choice questions or indefinite multiple-choice questions, which are required to be completed within a time limit;
3. Written Test 2: Contract Modification
4. Written Test 3: Case Document Writing
Step 5 interview
Experience has proved that the team members selected by this method are all in line with expectations.
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(B) business thinking
As a member of the legal professional group, legal professional knowledge and legal logic are the core competitiveness of legal persons and the foundation for us to settle down. This is common sense. However, as a legal professional, you must also have an ability that cannot be ignored, that is, whether you have business thinking and keen business insight. Why do you say that? There are at least the following reasons:
1. The legal affairs department should assist the company's business team to solve management or business practice problems.
2. The Legal Affairs Department must communicate 360 degrees on the above management or business practice issues. Why 360 degrees? Because it goes up to the top of the company, down to the front-line manager or person in charge, and also includes all relevant parallel units or other support teams (such as HR, finance, IT, import and export departments, etc. ), and this kind of communication is likely to involve business practice from product development or project preparation stage to project negotiation, contract signing, project landing and later settlement.
3. The Legal Affairs Department should not only assist in evaluating possible schemes and give risk warnings for different schemes, but also provide suggestions on scheme selection according to its own professional knowledge to assist management in decision-making.
Where business thinking and business insight come from, apart from innate talent, more depends on personal efforts. For example, when a company is involved in new fields or developing new customers, the Legal Affairs Department should collect information about relevant products, industries and customers from the moment it knows the relevant plans, or at the latest when it is invited to attend a meeting, and conduct necessary legal research based on this information. On the one hand, these preparations can make legal affairs not fall into the dilemma of not knowing professional vocabulary or industry terminology in communication with business teams. More importantly, they can understand the current situation of the industry, the scale of the industry, the profit model of customers and business logic based on the research on products, industries and customers, and then provide legal support for the business team with legal knowledge, legal thinking and practical experience.
As a legal professional, when participating in a commercial project, legal affairs can properly demonstrate the grasp of the business logic related to the project, which is not only easy to gain the trust of the business team of the enterprise, but also win the respect of external third parties (such as customers, suppliers or other external professionals), which is conducive to the development of legal affairs.
(c) communication skills
1, concise and clear, using the language that the communication object can understand.
2, make good use of empathy, from the communication object can accept, understand or easy to * * * sound point.
In a merger case, we disagreed with the team of lawyers hired by the other party on the choice of transitional disposal scheme, and the negotiations were deadlocked. As it was already late at night, the parties decided to adjourn the court and agreed to continue the next day. After the meeting, our legal affairs took the initiative to write an email to the project leader of the acquired party and the operation leader of the acquired party. Considering that if we don't make any changes according to the opposing lawyer's point of view and strong communication style, I'm afraid the negotiations on the next day are still not optimistic. This email fully reflects sincerity and respect, and from the perspective of actual operation and management, kindly reminds the other party that there may be some practical problems in management according to the scheme suggested by the other party's lawyer, whether these problems can be solved by law, and what adverse effects may be caused to the project progress and mutual trust if they are not solved well. After our business and project leaders write and review this email, it will be sent to other project leaders and the legal affairs department in the name of our legal affairs department. The next day, the other party's team of external lawyers negotiated between the two parties, and the acquired party agreed to our plan and opinions. In the end, the merger case was successfully reached, the project was smoothly promoted and the factory was handed over in an orderly manner. Through this cooperation, the Legal Department has established a good working relationship with the business team.
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3. Be kind to others and leave room.
In the business negotiation with a customer, although the legal affairs of the two sides often confront each other, when there is a major mistake in the documents provided by the legal person in charge of the other side, our legal affairs will send a private letter to the other side as soon as it is received, so that it can be corrected in time to avoid the adverse consequences caused by the previous mistakes. Subsequently, in the implementation of all projects, the legal affairs of the two sides have maintained good communication despite their different positions and interests, and this good interaction has also effectively promoted the cooperation between the two sides. When there are differences between business teams, they can use their professional knowledge and legal status to provide timely and effective assistance to resolve disputes.
4. Carefully screen
The information obtained in each communication should be screened according to the information media, information source and the identity of the communication object. If you don't filter, you are likely to fall into a trap. Especially in the context of business negotiations, the information obtained by one party through communication, especially informal communication, may be inadvertently leaked by the other party, but it is also very likely that the information consciously transmitted by the other party is intentionally misleading and needs to be carefully screened. At the same time, it can also be used for reverse communication to convey your own information.
5. Pay attention to communication beforehand.
Before the demonstration meeting or decision-making meeting of major and complicated matters, necessary prior communication can make all parties concerned fully understand legal opinions, reduce misunderstandings caused by information asymmetry, investigate the concerns or ideas of all parties, help to further improve legal evaluation opinions and decision-making suggestions, find legal allies through prior communication, and help to improve meeting efficiency.
Ability to withstand pressure as easily as possible.
The legal department is a relatively special department in the enterprise, because:
1, legal affairs do not directly create benefits.
2. The value orientation of legal department and business department is naturally complementary. Business departments give priority to efficiency and effectiveness, while the natural functional attribute of legal affairs is risk prevention. Business is too legal to get in the way, and legal affairs are too rash to make progress.
3. Legal affairs needs to communicate with management frequently because of its work nature. We often see that newcomers often need to communicate directly with the heads of various business departments and even the top management of the company.
Therefore, every member of the legal team will directly face various pressures from the business department, the heads of other departments and the top management of the company. How to face pressure, resist pressure, get along with pressure, and how to resolve pressure is very important.
I think, as a qualified lawyer: adhere to the principle, no matter who the other party is, say it, and prompt the prompt; The posture should be soft, and no one will like it if it is hard; The mind should be flexible and creative, and all roads lead to Rome; Don't talk too much, everyone is more or less limited by knowledge, thinking, experience or experience, and it is absolutely easy to hit the face.
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Fourthly, the interaction of legal affairs in the workplace.
The Law Committee often interacts with the management and specific business departments in the enterprise and provides the following suggestions:
1. Exceeding customer expectations: management and specific business departments are internal customers of legal affairs. If the legal affairs can exceed customers' expectations, it will help to establish the professional image of the legal team within the enterprise and improve the influence and voice of the legal affairs in corporate governance.
2. Loyalty to professional duties: The characteristics of legal work determine that it will inevitably get some information that ordinary employees are difficult to know or face various conflicts of interest, which requires legal affairs to keep secrets, be loyal to professional duties, be impartial, and treat the competition of various forces in the company with a normal heart.
Fifth, be an interesting person.
People say that "beautiful skin is one in a million, and interesting soul is one in a million". In my opinion, curiosity is a very valuable quality, and an interesting soul must be someone who has always been curious about the world. Zhang Dai, a writer in the Ming Dynasty, also said: "You can't make friends with people who are not addicted, because they have no family ties." People can't pay with it flawless, so there is no true qi. "Legal affairs, especially girls' practices, are particularly easy to give people stereotypes, such as conservative, serious, too serious, too formal and not funny. We might as well take it in stride, release ourselves moderately, keep learning and be an interesting person.
In fact, as long as you are curious about unfamiliar areas, legal affairs will have many opportunities to learn and explore. Because lawyers often participate in specific industries.