(1) In order to prevent disputes, many of these commercial activities are determined through negotiation and signing contracts.
This process is a process in which the rights and obligations of both parties are mutually exclusive. Among these rights and obligations, there are both development interests and sometimes traps and crises of one kind or another.
For the signing of a contract, the highest principle of contract law is "autonomy of will". As long as the contract does not violate the law, sometimes even if it is unfair, the judge will not correct it, because according to common sense, the contract is "the expression of true meaning" and the signatory of the contract "should have a full understanding of his rights and obligations".
Therefore, in this kind of transaction, it is more and more important to check and review the legal aspects of the contract.
Legal advisers participate in the whole process management of enterprise contracts, such as contract drafting, contract evaluation, contract negotiation and contract performance supervision. Through the review of enterprise contracts, the credit of enterprise contracts can be strengthened and the risks of enterprise contracts can be prevented.
Legal advisers collect and keep foreign trade in time by guiding enterprises to establish and improve various production and operation systems.
Commercial evidence, the enterprise will be in a favorable position in the future dispute settlement.
With legal advisers in contract management, production and operation, sales and other aspects of enterprises, legal loopholes can be effectively avoided, so that other units or individuals have no loopholes to drill and have to consciously perform contracts, thus effectively preventing disputes.
Even if there are litigation disputes in the future, enterprises will be invincible in litigation because of "taking precautions".
(2) Avoid risks and improve efficiency
In the process of production and operation, risks are always inevitable. Reducing business risks is the common aspiration of every enterprise.
As legal professionals, lawyers have accumulated rich experience in legal work all the year round, and have a deeper understanding of the potential risks of some business activities than others, and can directly provide manpower for enterprises.
(3) efficient endorsement
1, legal counsel can be the "spokesperson" of corporate legal affairs.
When enterprises encounter various difficulties and troubles, they can not only provide legal basis for enterprises, but also deal with them directly.
With legal counsel, the person in charge of the enterprise can avoid the parties who don't want to meet directly on the grounds of "having something to talk to our lawyer".
2. Legal adviser is the "shield" for enterprises to deal with interpersonal relationships.
Interpersonal relationship is a double-edged sword, sometimes it is beneficial to the development of enterprises, but sometimes it will seriously affect the operation of enterprises.
For example, when other enterprises or individuals borrow money from enterprises or ask enterprises to issue guarantees through personnel relations, some business leaders, although unwilling, often cannot avoid making promises easily, which brings great trouble to business operations.
The business scope of legal counsel generally includes:
1. Provide legal advice for Party A's legal affairs;
2. Draft, review and modify the legal affairs documents for employing Party A;
3. To provide legal advice for Party A's business management or major decision-making, or to demonstrate according to law;
4. Assist Party A in publicity and education, and strengthen enterprise management by legal means;
5. Be invited to provide legal opinions or witness for Party A's relevant legal affairs;
6. Provide relevant legal information to Party A;
7. The Employer issues relevant statements, announcements, letters and other documents;
8. Accept the entrustment of the Employer, conduct credit or feasibility investigation on relevant enterprises or projects, and issue an investigation report;
9. Acting for business registration and other legal affairs;
10. Participate in Party A's economic contract negotiations and other major business negotiations, provide legal advice, prepare or review required materials and relevant laws and regulations, and assist in formulating negotiation plans.
1 1. Participate in handling civil, economic, administrative disputes or other major disputes that have not been litigated or arbitrated by Party A;
12. Give priority to the entrustment of Party A, and participate in mediation, arbitration or litigation activities of civil, economic and administrative disputes as an agent to safeguard the legitimate rights and interests of Party A according to law.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 29 As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted, and safeguard the legitimate rights and interests of the client.
Article 30 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of the client within the scope of entrustment.