If the legal adviser is employed between units as employees of the company, it is a labor contract.
If a part of the affairs (such as legal affairs) are handled by legal counsel, it is agreed that they will be handled by legal counsel, and no labor contract relationship will be formed, then it is an entrustment contract.
Second, the legal adviser's work content
1, suggestion
Legal counsel can provide oral or written advice. Written suggestions should include two aspects: first, what should be done, that is, the opinions and opinions of consultants; Second, why do you want to do this, that is, the consultant explained the reasons and legal basis for putting forward the views.
2. Provide legal basis
When the employer decides to engage in an activity, but is not familiar with or understand the relevant regulations, the consultant lawyer shall provide the legal basis for the employer. Its contents include: first, the provisions of laws, administrative regulations and local regulations; Second, the provisions of national and local policy documents; The third is the practice in relevant judicial practice.
3. Draw up the selection plan
When an employer needs to carry out an activity, the consultant lawyer can draw up several plans for the employer to carry out the activity.
4. Provide other information.
Such as providing the latest trends of relevant laws, regulations and reform documents, and market information of enterprise production and operation, so that employers can keep abreast of legal policy trends and market trends. Provide information regularly or irregularly.
Draft, review and modify legal affairs documents to make them conform to legal provisions.
Various legal documents of the employing unit, such as contracts, articles of association, rules, statements, etc. , will bring enterprises rights and obligations related to property rights, and must be carefully formulated. These documents, drafted, reviewed or revised by consultants and lawyers, can make them more in line with legal provisions and more practical, thus safeguarding the legitimate rights and interests of enterprises.
When examining an economic contract, it is necessary to examine both the form and the content of the contract. The general steps are: knowing the situation; Looking for evidence; Put forward examination opinions; Improve the contract content.
Participate in the negotiation of economic projects.
Negotiations on economic projects are mostly about joint ventures, cooperation, technical cooperation and trade. Negotiations are generally divided into preparation stage, substantive negotiation stage and signing stage. Lawyers should pay attention to:
1, the consultant should actively participate in the project from the beginning. Including consulting enterprises, writing or reviewing preliminary feasibility study reports, handling application procedures, etc. Doing so can not only make the project have laws to follow from the beginning, but also make lawyers fully familiar with the situation.
2. Consultants and lawyers should participate in the whole negotiation process, not until the contract is signed. In the whole negotiation process, the consultant should mainly do the following work:
(1) Negotiating intention and purpose of the dismissing party; (2) Collect relevant information, intelligence and relevant laws and policies; (3) Find out the credit status and production and operation status of the other party through various channels and channels;
(4) determine the negotiation plan and basic terms of the contract; (5) Assist the enterprise in substantive negotiation, answer the legal questions raised by the other party, and explain the employer's views on the terms of the contract; (6) Assist in contract arrangement and contract approval.
3. What are the classifications of legal advisers?
According to different clients, legal counsel can be divided into corporate legal counsel, institutional legal counsel and private legal counsel. According to the length of service, it can be divided into perennial legal counsel and special legal counsel.
Enterprise legal counsel can be divided into internal legal counsel (commonly known as "legal affairs") and external lawyers.
The business scope of lawyers in enterprise legal consulting companies mainly includes:
1. Provide legal advice on daily operation and management affairs, answer legal advice, and issue legal opinions and suggestions as required;
2. Provide oral or written legal opinions and suggestions for the company's major business decisions, and provide relevant laws, regulations and policy basis;
3. Review and modify Party A's contract and relevant legal documents; Review the relevant legal documents of the company;
4. According to the company's requirements, legal publicity and education can be given to the company's employees;
5. At the request and entrustment of the company, issue legal documents such as legal opinions, lawyer's witness and lawyer's statement on relevant issues;
6. Participate in handling civil economic disputes or other major disputes that have not yet formed litigation in the management activities of the mediation company;
7. Entrusted by the company, acting as an agent for commercial investigation services, credit investigation and other non-litigation legal affairs;
8. Acting for civil, economic, criminal, administrative litigation and arbitration activities, and safeguarding the legitimate rights and interests of clients;
9. Other legal affairs negotiated by both parties.
The above is what kind of contract the legal consultant contract belongs to. Generally speaking, it depends on the nature of legal counsel. If you sign a contract directly with the company, it is a labor contract. If it is done through a law firm, it is an entrustment contract. If you have any other questions, please consult a lawyer.