Question 2: What's the difference between a lawyer and a legal adviser? A lawyer generally refers to a person who has passed the judicial examination, passed the internship period of 1 year, has the qualification certificate of practicing lawyer, and works in a law firm. These conditions are indispensable. Some people have passed the exam and got the certificate, but they don't work in the firm. Such people are not lawyers yet.
The concept of legal adviser is relatively broad. Generally speaking, as long as you pass the judicial examination, you can be a legal adviser. Some legal advisers are specially employed by enterprises or units. These people can be called full-time legal advisers and belong to enterprise employees. However, some enterprises have signed agreements with law firms, and lawyers of law firms provide legal consulting services for them. Such consultants do not belong to the employees of the enterprise, but still belong to the lawyers of Tiger Firm.
Question 3: The difference between a legal adviser and a lawyer. Many things must be done by a lawyer with a lawyer's license, such as appearing in court. As long as the legal adviser knows some legal knowledge, he can provide consulting services.
Question 4: What's the difference between a lawyer and a legal adviser? So what major should these two study? Legal adviser is just a profession of consulting law. Basically, lawyers can be legal advisers, and judges and prosecutors can also be legal advisers (but they have regulations that they can only be free and public welfare), even if you don't have a lawyer's license. Basically, you just have experience, and if you don't have experience, you will fool (of course, it is another matter for others to find out that you have no strength in the end).
Lawyers need to take the judicial examination and get a license or something, otherwise they can't engage in activities in the name of "lawyers" (of course, there are also black lawyers, just like black cars).
If you really want to do this job well, I suggest studying law or law (in fact, it is the same major in our country) and accumulating experience in the factory.
Question 5: How do enterprises choose good legal counsel? First, it should be decided according to the different development stages of enterprises: each enterprise has different development models and stages, and the demand for legal counsel is also inconsistent. For example, at the beginning of the establishment of an enterprise, it is urgent for the enterprise to solve the legal problems related to the establishment of the enterprise, including standardizing the legal relations within the enterprise and establishing good rules for the operation of the enterprise. At this time, the enterprise needs the legal adviser set up by the enterprise to help the enterprise establish a smooth internal legal relationship and ensure and maintain the good operation of the enterprise; In the process of enterprise development, the division, merger, internal equity transfer and debt restructuring of enterprises are common legal issues. Hiring experts in this field can help enterprises successfully complete these matters, standardize them and avoid unnecessary legal hidden dangers and disputes for the development of enterprises. As an expert in enterprise human resource management, it is indispensable for enterprises. Standardized and harmonious labor relations are the basis for the survival and development of enterprises. Human resource management experts can help enterprises to establish and improve the corresponding internal rules and regulations, so as to establish a standardized and harmonious labor-capital relationship between enterprises and workers and keep enterprises away from labor disputes; At the same time, it also protects the rights and interests of enterprises more effectively and greatly reduces the working cost of legal affairs for enterprises; Industry human resource management experts can help enterprises to establish necessary preventive measures, handle and prevent industrial injury disputes on behalf of the enterprise law, handle sudden personal injury incidents in enterprises according to law, and safeguard the work order and legitimate rights and interests of enterprises according to law. In fact, hiring a corporate legal adviser is just like going to the hospital. If you have a broken bone, you should go to an orthopedic specialist. If you hurt a nerve, you need a neurologist; If you hurt your spleen and stomach by taking medicine, you need to find a gastroenterologist. When hiring legal counsel, we must combine the needs of enterprises and hire professionals. The idea that we want to solve all the problems by hiring legal counsel is unrealistic. Second, look for experts instead of miscellaneous scholars: the division of labor in the legal profession is very fine, and different disciplines have their own disciplinary characteristics. Therefore, in the division of majors in law schools, different majors are set up according to different legal categories, such as criminal law and civil law. Lawyers also have their own expertise and professional fields. If a lawyer claims to be proficient in law, he knows everything from marriage and real estate to corporate financing and mergers and acquisitions, you must be careful. Just like a doctor claims that he can cure all diseases, in fact, he may not be able to do anything well. Third, it depends on the size and brand of the law firm: generally speaking, a law firm with a certain size and brand will have a strict audit when recruiting lawyers, which can fundamentally guarantee the professional level of lawyers; Secondly, due to its considerable scale, the establishment and division of labor of various departments of the law firm are more detailed, which can also ensure the professionalism of lawyers in various departments. Therefore, when choosing a law firm, you can know the number of lawyers and whether the division of labor of each department is detailed and comprehensive through the website of the law firm. Although some law firms have beautiful websites and comprehensive departments, the number of lawyers is not large. Many lawyers are from several departments, so you should carefully examine their professionalism. Fourth, it is best to hire legal counsel through various departments of the law firm: lawyers are basically divided into two categories: first, commission lawyers: they only undertake business in the name of the law firm, pay a certain management fee to the law firm, and do not accept the special management of the law firm; The other is paid lawyers, who are employed by law firms or departments of law firms. The department or law firm pays a certain salary, accepts the management of the department and undertakes the business of the department. Generally speaking, commission lawyers cover a wide range of business because they undertake their own business, but the professionalism of some commission lawyers is not excluded. The remuneration lawyers of the department mainly involve the business of the department, and relatively speaking, they are rich in professional knowledge involved in the department; Secondly, when undertaking business, each department will further divide the work according to the professional expertise of lawyers. For example, litigation business and non-litigation business will be handled by different lawyers, which can give full play to the professionalism of each lawyer and give full play to the team strength of various departments to provide better services for enterprises. In addition, in the law firm, each department is headed by the department director. In particular, law firms with a certain scale and brand have strict restrictions on the qualifications of department heads, which also ensures the professionalism of departments. Therefore, when looking for legal counsel, enterprises can basically ensure the professionalism of legal counsel by directly looking for the specialized department of the law firm.
Question 6: The two higher-level examinations, the qualification of enterprise legal adviser and the qualification certificate of lawyer, are both national examinations organized by the state, with the same level. But the gold content of the two certificates is obviously different.
I passed both exams. According to my personal experience, the enterprise legal adviser exam not only tests legal knowledge, but also tests enterprise management content. But the difficulty is not high, and it is also very simple. I can pass this book with a high pass rate. The judicial examination (formerly called the lawyer qualification examination) is more professional and more difficult, and the passing rate is much lower than that of the enterprise legal adviser examination. From the perspective of law major, passing the judicial examination is more valuable than the enterprise legal adviser examination, and the employer has a higher recognition of the qualification certificate of the judicial examination.
If you want to set foot in the legal profession, it is enough to pass the judicial examination, which industry and occupation are recognized. It is best to pass the examination of enterprise legal adviser, which will not affect your legal career at all. The qualification of enterprise legal adviser is generally recognized in state-owned enterprises, because SASAC has this requirement for the personnel engaged in law in state-owned enterprises.
Question 7: Is legal adviser Xu Zhihua a lawyer? This loan company is deceptive. I hope netizens will do it in the future! If you want to borrow money, don't borrow it online. Many of them are lies. Call the police with deposits for future loans! Xu Zhihua died early and well! Was killed by a car earlier
Question 8: Enterprise Legal Counsel Which good enterprise legal counsel, also known as enterprise lawyer, is a professional enterprise legal manager hired by an enterprise, mainly engaged in legal affairs such as enterprise legal consultation, legal counsel, contract review and signing, litigation and non-litigation of enterprises. Because the company's legal adviser is closely related to the company's daily operation, it is necessary to choose a qualified, formal and excellent law firm.
Our firm (Beijing Langshan Law Firm) provides clients with high-quality legal consulting services. If you are interested, you can talk about it in detail.
Question 9: Is it better for the legal counsel of small and medium-sized companies to find a lawyer or a good lawyer from a law firm? Individuals cannot accept entrustment, but they must be appointed by a law firm. Otherwise, the parties have no protection.
Question 10: What is the difference between a company lawyer and an enterprise legal adviser? What's the difference between a company lawyer and a legal adviser?
First, different identities.
Enterprise legal adviser refers to the internal employees who have passed the examination of enterprise legal adviser, obtained the qualification of enterprise legal practice and obtained the professional qualification certificate of enterprise legal adviser. If lawyers are employees of state-owned enterprises rather than employees of their own enterprises, the system of appointment or entrustment shall be implemented.
Second, the management system is different.
As an internal employee, the enterprise legal adviser is bound by the internal management system of the enterprise.
Generally not * * *, and lawyers generally only accept the constraints of contracts signed with enterprises, and can generally * * * a number of enterprises.
Third, there are different ways to obtain qualifications.
Enterprise legal adviser passed the qualification examination of enterprise legal adviser organized by the Ministry of Personnel, and lawyers passed the judicial examination.
The main service content of enterprise legal adviser
(1) Daily legal affairs
1. Advice and suggestions on common legal problems of enterprises;
2. Advice and suggestions on personal legal issues of enterprise employees;
3. Participate in drafting and revising the enterprise contract management system, and standardize the management and use of contracts;
4. Participate in contract negotiation, formulate negotiation strategies and plans, draft and review business contracts;
5. Participate in drafting and revising the enterprise personnel management system, and standardize the labor and personnel management such as employee recruitment, training and welfare;
6. Participate in drafting and revising the enterprise financial management system to eliminate financial management loopholes;
7. Participate in the drafting and revision of enterprise warehousing and logistics management system, reduce enterprise operating costs and improve work efficiency;
8. Draft other rules and regulations or legal documents for enterprises, so as to improve their own quality, make business activities meet legal requirements, and bring internal management into the legal track;
9. Draft and review economic contracts and labor contracts of enterprises to prevent contract disputes;
10, providing legal guidance for enterprise management and enhancing the legal awareness of managers;
1 1. Provide legal training for employees to improve their legal awareness and ensure the implementation of enterprise rules and regulations; 12. Drafting and reviewing the industrial and commercial registration materials, articles of association and other legal documents of newly registered enterprises;
13. Review legal documents related to intellectual property rights such as trademark registration and patent application, and provide legal advice for relevant legal affairs;
14, providing guidance on legal affairs related to business administration and tax laws and regulations;
15, giving legal opinions on major business decisions of enterprises and conducting legal analysis and demonstration on major projects;
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).
(two) legal advisory services for major business activities.
1. Participate in the merger and division of enterprises, demonstrate their legal feasibility and operability, draft and modify specific legal documents, and participate in the negotiation and supervision of the whole activity;
2. Participate in enterprise bidding activities, participate in project negotiations, issue legal opinions on bidding activities, and bid for projects;
3. Participate in the shareholding system reform or asset reorganization of enterprises, issue legal opinions, draft and review relevant legal documents;
4. Participate in enterprise acquisition and anti-acquisition, cooperate with enterprises in legal argumentation and analysis, draft and review relevant legal documents, and handle relevant legal affairs;
5. Participate in the selection and negotiation of investment projects, design investment plans, and assist in finding investment opportunities and investment partners;
6. Participate in other important economic activities such as financial leasing and asset transfer, and handle relevant legal affairs.
(3) Other legal consulting services.
1, business enterprise credit;
2. Relevant laws of the country where the foreign investment is located;
3. Planning and research of overseas legal disputes.