Lead: With the development of China's economy, the most obvious change trend of modern enterprises is the legalization and normalization of management mode. In other words, in economic exchanges and economic life, we should use legal means as much as possible to safeguard our legitimate rights and interests and resist and crack down on illegal infringement. In order to achieve this goal, it is necessary to set up legal advisers in enterprises. I am particularly concerned about the status of legal counsel in modern enterprises. Without a sound legal system, there will be no perfect and successful market economy.
According to statistics, because nearly 80% of SMEs in China do not employ legal counsel, SMEs lose trillions of dollars every year due to ineffective legal prevention. Many enterprises think that legal advisers don't need to be around and belong to enterprises? Throttle? Part of. And many companies are for? Throttle? Paid several times, even hundreds of times the price. Undoubtedly, it is one of the solutions for enterprises and operators to avoid legal losses and unnecessary conflicts and losses in economic exchanges. Legal advisers can not only protect the legitimate rights and interests of the parties to a great extent, but also provide legal advice in their usual business, and strive to build a shield against risks for enterprises, so as to plan ahead and nip in the bud. How to give full play to the role of legal advisers in enterprises, enhance the awareness and ability of small and medium-sized enterprises to prevent legal risks, safeguard the legitimate rights and interests of small and medium-sized enterprises, and create a healthy and orderly economic environment will have urgent practical significance.
First, the necessity of hiring perennial legal counsel.
Maybe you think there is nothing wrong with your business and you don't need a lawyer. Don't forget that we are now a society ruled by law. Living in such a society, the law is like air. We can't feel it, but we can't live without it for a moment. The business world is like a battlefield. It is an urgent problem for business leaders to use legal means to resolve business risks, improve market competitiveness, and establish and improve the legal adviser system of modern enterprises according to law. Although we know the importance of legal counsel, in real life, many enterprises have not formed the consciousness of hiring perennial legal counsel, and only when they encounter litigation do they think of looking for legal counsel themselves, so that the role of legal counsel is limited to helping enterprises in litigation, and enterprises have therefore lost many due business opportunities or caused many unnecessary troubles.
The role of enterprise legal counsel goes far beyond helping enterprises to file lawsuits or review contracts. The legal service provided by a competent consulting lawyer for consulting enterprises is no longer to provide remedial litigation for consulting units after disputes and losses occur, but to provide targeted, advanced and preventive professional legal protection system for consulting units in time to avoid disputes and losses as much as possible. Legal health care doctor? In order to achieve high-quality, efficient, honest, diligent and conscientious legal services, the legitimate rights and interests of consulting units are very important. Through professional legal services, legal consultants help enterprises to establish risk prevention mechanisms, prevent and resolve business risks, and let enterprises develop on a safe platform.
Hiring legal counsel helps enterprises to obtain more comprehensive, thoughtful and meticulous legal services at any time, thus avoiding the confusion and disadvantages of running around looking for lawyers when legal problems arise. It is helpful to improve the corporate image: after customers know that they have business dealings with them, the enterprise will inevitably think that it is an enterprise that pays attention to integrity, abides by the law and operates properly, which will greatly enhance customers' trust in the enterprise and greatly promote the success of business negotiations. At the same time, the existence of legal counsel will also urge customers to perform the contract more seriously and faithfully. It is beneficial for enterprises to avoid, guard against and reduce business risks. In the process of enterprise development, there are a lot of legal risks (part of business risks) and business traps. The role of legal counsel is to help enterprises avoid and dissolve legal risks and nip them in the bud.
Hiring a legal adviser can better facilitate the transaction and avoid the transaction risk: China people's tradition is to be friends first and then talk about cooperation, so it is often difficult to make clear the arrangement and choice of the interests of both parties, which often leads to disputes. At this time, as a third party with legal professional knowledge, legal counsel has defined the rights and obligations of both parties with complete legal documents, which not only ensures the safety of transactions and cooperation, but also takes care of the feelings of both parties, which can be described as the best of both worlds.
Second, the legal counsel fee.
Knowing the importance of legal counsel, smart business leaders will definitely calculate the legal fees.
Is the legal fee high? This should be treated dialectically. There is a concept in human resource management: good employees are free. It's not that you don't pay these employees, but that the value created by these employees has far exceeded his salary and has been overwhelmed. Lawyers are like the best employees in the enterprise. Think about it, which one of your enterprises, including the boss, can spend several years studying law? Can I have legal training every year? In and out of court hundreds of times a year? Drafting thousands of contracts every year? Negotiate hundreds of times a year? I'm afraid no employee can do this. This is the advantage of lawyers. If the company trains such employees, I am afraid it will cost tens of thousands of dollars a year, which may not reach such a professional level. This is the advantage of lawyers: professionalism and value for money.
Three. After an enterprise hires a lawyer as a legal adviser, the lawyer will provide the following legal services according to the actual needs of the enterprise:
1, provide all-round legal services, provide legal advice and legal advice to enterprises at any time, provide relevant information and explain relevant legal provisions according to the requirements of enterprises, so that enterprises can obtain timely and effective legal help;
2. At the request of the enterprise, issue a lawyer's letter and a legal opinion;
3. Drafting, reviewing and amending economic contracts;
4. At the request of the enterprise, participate in important economic and commercial negotiations between the enterprise and the third party, formulate negotiation strategies and plans, and draft and review commercial contracts;
5. Conduct legal analysis and demonstration on major business decisions and major projects of the enterprise, and put forward legal opinions;
6. Drafting, reviewing and amending labor contracts, and assisting enterprises in handling labor relations;
7. Draft and revise the enterprise contract management system to standardize the management and use of contracts;
8. Draft and revise the enterprise personnel management system, and standardize the labor and personnel management such as employee recruitment, training and welfare;
9, drafting and revising the enterprise financial management system, put an end to financial management loopholes;
10, drafting and revising enterprise warehousing and logistics management system, reducing enterprise operating costs and improving work efficiency;
1 1. Draft other rules and regulations and operational legal documents to improve the quality of enterprises, make business activities conform to legal requirements, and bring internal management into the legal track;
12. Take legal courses for managers and sales staff of enterprises, give legal guidance, and teach basic knowledge of contracts and awareness of risk prevention;
13. Drafting and reviewing the industrial and commercial registration materials, articles of association and other legal documents of newly registered enterprises;
14. Review legal documents related to intellectual property rights such as enterprise trademark registration and patent application, and provide lawyers' opinions on relevant legal affairs;
15, providing guidance on legal affairs related to business administration and tax laws and regulations;
16, attended the board meeting of the enterprise as a nonvoting delegate, and analyzed and demonstrated the legal issues involved in the topics of the board meeting;
17. Provide lawyers' opinions on the legality of corporate governance structure (including board structure, shareholders' meeting structure and board of supervisors structure).
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