The lawyer's non-litigation business scope mainly includes providing legal advice, serving as perennial legal adviser, handling contract affairs, accepting entrustment to investigate a special problem and provide solutions, handling negotiations, presiding over mediation and participating in reconciliation, handling legal documents on behalf of administrative counterparts, acting as an agent and participating in administrative activities, and acting as an agent in arbitration activities.
I. Provision of legal advice
Only through legal consultation can the client understand and trust the lawyer, and the entrustment relationship between the two parties can be established according to law. Therefore, lawyer consultation is the full display of lawyer's professional level and lawyer's personality, and it is an important link that every lawyer can't ignore. However, it should be noted that the consultation mentioned here is narrow, including only general legal issues that have not established the entrustment relationship, including paid legal consultation and public welfare legal consultation activities.
Second, as a perennial legal adviser.
As legal advisers of institutions, enterprises and institutions, we provide systematic and targeted legal guidance to consulting units in accordance with the law, and grasp the basic situation and activity characteristics of consulting units in time by participating in activities such as revision of internal rules and regulations, planning of major events, review of relevant legal documents, and training of laws and regulations, so as to implement legal monitoring of its operation in the whole process to ensure its operation in line with the law.
Three. Deal with contract affairs
Contract affairs include lawyers handling contract affairs in consulting units and accepting entrustment to handle special contract affairs. It is one of the important contents of lawyer's non-litigation business, and it is the unity of the importance of lawyer's work and the strictness of lawyer's responsibility. We must not neglect in dealing with this matter. The scope of contract affairs covers investment decision-making, bidding, project development, intellectual property protection, foreign investment cooperation, enterprise restructuring, share transfer and other economic fields, and its processing flow includes scheme formulation, contract drafting, bidding organization, business negotiation, terms agreement, contract signing, contract performance, contract modification and dissolution, and dispute handling during performance. Because both economic contracts and other contracts are closely related to the parties, for a long period of time, the resource allocation and development direction of enterprises should be carried out around contracts, and individual major contracts may even affect the life and death of the clients, so we should not be careless in handling them.
4. Accept the entrustment to investigate a special problem and provide a solution.
In the production and life of the client, some legal problems are often encountered, and the client himself is unable to deal with these problems independently or has no right to deal with them because of his lack of professional knowledge. At this time, they will choose to entrust professional institutions or personnel to conduct investigations and provide professional opinions as the basis for decision-making, among which hiring lawyers is the most common. Lawyers are entrusted to engage in special investigation activities and issue legal opinions to clients according to the investigation situation and results. This kind of business is actually the expansion and deepening of lawyers' legal consultation, but it is more formal and professional than legal consultation, and the consequences are more serious.
5. Handle negotiation, preside over mediation and participate in reconciliation.
In social activities, the relative of the parties will try to escape legal responsibility by a temporary fluke because of their misunderstanding of the law and contempt for the judicial power of the judicial organs. At this time, the client can hire a lawyer and send him a lawyer's letter to inform him of the possible serious consequences of continuing to violate the legal provisions or contractual stipulations from a legal point of view, and urge him to stop the infringement and other improper acts and fulfill his legal obligations as soon as possible. You can also entrust a lawyer to directly negotiate face to face with the counterpart, preside over mediation or participate in reconciliation, so as to achieve the purpose of resolving disputes without litigation.
Intransitive verbs handle legal documents on behalf of others.
Legal documents generally have strict procedural provisions, and legal documents lacking legal elements may be invalidated or revoked by legal judgments of the people's courts; Legal documents that apply to relevant departments for administrative license according to legal procedures will be returned due to format errors, so entrusting clients to draft documents involving legal affairs is one of the contents of lawyers' work. The legal documents drafted by lawyers include litigation documents and non-litigation documents, with diverse contents.
Seven, as an agent of the administrative counterpart to participate in administrative activities.
According to the law, lawyers can handle administrative licensing, administrative registration, sign administrative contracts and participate in administrative arbitration on behalf of clients. When the administrative organ imposes administrative punishment on the counterpart, it can listen to the power and illegal contents of the administrative organ on behalf of the counterpart, defend itself on behalf of its client, apply for and participate in the hearing, file an administrative reconsideration, lodge a complaint and appeal against the illegal acts of the state administrative organ and apply for state compensation. When necessary, they can also enter administrative proceedings.
Eight, the agent to participate in arbitration activities.
Although arbitration is very close to litigation in form, the nature of arbitration is very different from litigation. It is based on the professional knowledge and credibility of the arbitration institution and its arbitrators, rather than being backed by state coercion. With the continuous improvement of the arbitration system, arbitration will become the choice of more clients, and lawyers will have more opportunities to represent clients in arbitration activities according to law.
If you have any other legal questions, please consult the relevant lawyers.