1: enterprise legal adviser refers to a registered professional who has passed the national unified examination and is employed by an enterprise to engage in enterprise legal affairs. So we should not only understand the law, but also understand the economy.
2. Qualification certificate of enterprise legal adviser. The examination qualifications are as follows:
A has obtained a college degree in law, economics or related majors, and has worked for 5 years, including 3 years in company law or economics.
B) Obtained a bachelor's degree in law, economics or related major, and worked for 3 years, including company law or economics major 1 year.
C graduated from a double bachelor's degree or postgraduate program in law, economics or related majors, and worked for 2 years.
D Master degree in law, economics or related major, with working experience 1 year.
Get a doctorate in law, economics or related fields.
F does not have the above education, but has passed the economic professional and technical qualification examination organized by the state, obtained the primary qualification of economic professional and technical, and has been engaged in company law or economic work for 5 years.
In addition to the above conditions, people who meet one of the following conditions can also sign up for the exam:
A has obtained a college degree in non-legal and economic majors, and has worked for 7 years, including 5 years in company law or economic work;
B obtain a bachelor's degree in non-law or economics, and have worked for 5 years, including 3 years in company law or economic work;
C graduated from a double bachelor's degree or postgraduate program in non-legal or economic majors, and worked for 4 years, including 2 years in company law or economic work;
D Master's degree in illegal science or economics, working for 3 years, including company law or economics 1 year;
E Obtained a doctorate in illegal science or economics, and engaged in corporate law or economic work 1 year.
3. Corporate legal service products are tangible products of intangible legal services. In view of some legal problems in enterprise management, by analyzing the needs of enterprises and combining with relevant legal provisions and practical experience, the legal solutions are systematized and standardized to improve the efficiency and effect of legal services.
2. Legal knowledge of legal counsel
Your understanding of this is biased. Accurately speaking, it is called unilateral civil juristic act in law. The so-called unilateral civil juristic act refers to a civil juristic act in which one party simply enjoys rights and the other party only enjoys obligations, which corresponds to a bilateral civil juristic act. A unilateral civil juristic act refers to a civil juristic act that can be established by the will of one party, such as a gift. In the case of bilateral affairs, it is necessary for both parties to reach an agreement on will in order to produce corresponding rights or obligations, such as signing a sales contract.
Dissolution is a right of formation. Its proportion is unilateral. A unilateral declaration of will takes effect as soon as it reaches the other party. (3) The legal relationship can be formed according to one party's will, without any auxiliary act or * * * cooperation with the act.
3. What knowledge do you need to be a corporate legal adviser?
At present, it is nothing new for enterprises to hire lawyers as legal advisers, and it is not difficult to do so. The crux of the problem is not that enterprises are unwilling to hire lawyers as legal advisers, nor that lawyers are unwilling to serve as legal advisers for enterprises, but that enterprises often "ignore questions" or "ask questions too late" after hiring lawyers as legal advisers.
The so-called "don't ask" refers to the lawyer hired by the enterprise as a legal adviser, often because the enterprise has problems. When looking for a lawyer's consultant, the lawyer is either on a business trip or too busy to ask, so the enterprise has a lawyer as a consultant in name, but in fact it doesn't matter, especially after individual lawyers charge consulting fees, they rarely go to the "consultant". On the other hand, the reason is that enterprises feel that there is nothing to ask, and they don't know how to play the role of lawyers. They only pay fees every year and regard lawyers as furnishings.
The so-called "asking without waiting" means that it is difficult for lawyers as corporate legal advisers to provide legal advice or effective legal help accurately and concretely, especially on legal issues involving corporate management or technical fields. Lawyers can only say some principled opinions, and it is difficult to provide specific and effective suggestions for the practical problems of enterprises. This is called asking without asking.
It should be noted that a considerable number of lawyers can actively provide legal services and solve problems for enterprises after serving as corporate legal consultants, and effectively serve as senior consultants of enterprises, which has been valued and affirmed by enterprises. In particular, some people don't understand the specialized business of enterprises, are unfamiliar with management and know nothing about the technical problems of enterprises. However, in line with the professional spirit of lawyers, with the analysis and research of enterprises, we strive to learn from enterprises. Ask if you don't understand, but you won't learn. They quickly combine legal knowledge with the actual situation of enterprises to provide effective services for enterprises. The enterprise is satisfied.
But why are questions ignored or asked too late? Sometimes it's serious On the one hand, this is a problem that lawyers should study and solve, and this paper mainly focuses on how to hire lawyers as legal advisers when enterprises need legal services in the face of market economy.
I have been engaged in business management for more than 20 years, and I also work as a lawyer (now I am a full-time lawyer). I have my own experience and feelings about how to hire lawyers in enterprises. Here I would like to talk about some views for the reference of the operators, managers and decision makers of enterprises. 1. Strong processing ability, high efficiency and good quality are not only the standards for talents from all walks of life, but also the standards for enterprises to hire lawyers as legal advisers. So how can enterprises achieve this goal? There are two problems to be solved here, one is the needs of enterprises themselves, and the other is the analysis of the current situation of lawyers.
Study the enterprise's own needs, solve the problem of' subjective desire', and specifically determine the problems or contradictions to be solved; The analysis of the current situation of lawyers belongs to' objective reality'. Chairman * * * said that it is correct to do things only if the subjective desire conforms to the objective reality, otherwise it is wrong.
To solve this "conformity" problem, it is necessary to clarify, clarify and be specific about "subjective desire"; We must make a general analysis and research on "objective reality". What is the' subjective wish' of an enterprise? What is the purpose of an enterprise to hire a lawyer as a legal adviser? What is the problem to be solved? This is the' subjective desire' problem that enterprises must first make clear.
If you see that other enterprises have hired lawyers as consultants, in order to keep up with the fashion and look good in decoration, you have also hired lawyers, found a "fire brigade" and invited them in the name of corporate legal consultants. In this way, the fire may be put out, but there is no guarantee that it will not catch fire again, because the purpose of hiring a lawyer is only to put out the fire, not to prevent it. If an enterprise has legal problems, conflicts or disputes in its import and export business, it originally hired lawyers mainly from real estate law firms. Perhaps this lawyer failed in foreign languages and was unfamiliar with foreign trade business, so it took a long time to find translators and materials, but the legal relationship between import and export has never been clarified, and it is even more difficult to identify the crux of the dispute or dispute. Finally, he can only make some suggestions from the legal point of view. It is difficult to point out the problem at once, analyze the causes of contradictions, find out the responsibility for right and wrong and propose solutions to the problem, and it is also difficult to provide the best starting point for solving the problem from various solutions, so I can only ask.
Some enterprises hire lawyers as consultants, thinking that only one lawyer can handle everything and sit back and relax. Once the legal affairs of enterprises appear, lawyers are urgently needed to prescribe medicine to get rid of the diseases at hand. It happened that the famous lawyer, because of his great fame, invited many enterprises, etc., and couldn't take care of your problem at all. Although some came, they all vanished. This is far from hydrolysis and thirst, but it is also a kind of "caring without asking" or "asking without asking".
As can be seen from the above, on the issue of hiring a lawyer as a legal adviser, there is an ambiguous phenomenon of' subjective desire', that is, the purpose is unclear and the hiring of a lawyer is in a blind state. Second, there is a phenomenon of' unclear subjective wishes'. The so-called' unclear subjective desire' means that the enterprise knows what kind of problems it can find a lawyer to solve, but it is not clear what kind of lawyers it can find to solve the problems.
This confirms that the so-called "subjective desire" of enterprises includes two meanings. First, the content, scope and nature of the legal affairs that the enterprise needs to deal with, or what legal disputes, contradictions or problems have occurred, should be clear to the enterprise itself. Second, which lawyers with knowledge, ability or experience need to be hired to handle these legal affairs or solve contradictions or disputes.
Only when these two aspects are clear and specific can an enterprise be called' subjective desire' clear. Second, what is a lawyer's' objective truth' 1. According to the provisions of the Lawyers Law, the qualification of a lawyer is to obtain the qualification of a lawyer first, pass the examination and issue a lawyer's practice certificate after one year's internship in a law firm, and then become a lawyer who handles related lawyer business.
There are two problems here: first, the lawyer qualification was obtained after passing the national unified written examination. The main contents of the examination are criminal, civil, economic, administrative and other aspects of legal knowledge and the Constitution.
4. What knowledge does a company's legal adviser need?
1: enterprise legal adviser refers to a professional who has passed the national unified examination, is employed by the enterprise, specializes in enterprise legal affairs and is registered within the enterprise.
So we should not only understand the law, but also understand the economy. 2. Qualification certificate of enterprise legal adviser. The qualification conditions for the examination are as follows: A has obtained a college degree in law, economy or related majors, and has worked for 5 years, including 3 years in corporate law or economy.
B has obtained a bachelor's degree in law, economics or related major, and has worked for 3 years, of which 1 year specializes in company law or economics. C graduated from a double bachelor's degree or postgraduate program in law, economics or related majors, and worked for 2 years.
D Master degree in law, economics or related major, working years 1 year. Get a doctorate in law, economics or related fields.
F with the above-mentioned education, but passed the economic professional and technical qualification examination organized by the state, obtained the primary qualification of economic professional and technical, and engaged in company law or economic work for 5 years. In addition to the above conditions, people who do not meet one of the following conditions can also be selected to take the exam: a. They have obtained a college degree in non-legal and economic majors and have worked for 7 years, including 5 years in company law or economic majors; B obtain a bachelor's degree in non-law or economics, and have worked for 5 years, including 3 years in company law or economics; C graduated from a double bachelor's degree or postgraduate program in non-legal or economic majors, and worked for 4 years, including 2 years in company law or economic work; D obtain a master's degree in illegal science or economics, and have worked for 3 years, including company law or economics 1 year; E Obtained a doctorate in illegal science or economics, and engaged in corporate law or economic work 1 year.
3. Corporate legal service products are tangible products of intangible legal services. In view of some legal problems in enterprise management, by analyzing the market demand of enterprises, combined with relevant legal provisions and practical disposal experience, the legal solutions are systematized and standardized, which reduces the efficiency and effect of legal services.