1, the business direction is different. Non-litigation lawyer, whose main business is company compliance review, ownership structure, company merger and division, merger and reorganization, listing, legal opinions, contract negotiation, etc. , more commercial; Litigation lawyers have a wide range of business, mainly divided into four categories: civil, commercial, administrative and criminal.
2. The main battlefield is different. The main battlefield of litigation lawyers is in the court; Non-litigation lawyers, basically do not appear in court.
3. Different professional requirements. Litigation lawyer, the legal relationship of the case is relatively simple, the opinions of the parties to the lawsuit are opposite, and the ability of improvisation and evidence analysis is high; Non-litigation lawyers, whose work content is complex and huge, are obviously procedural and modular, and have higher requirements for writing skills.
The work of a non-litigation lawyer includes:
1, providing legal advice
In other words, consulting and providing professional legal advice on matters encountered in production and operation and citizens' daily life, from the huge investment decision of the company to the settlement of neighborhood disputes, will inevitably involve professional legal issues. Lawyers' opinions will help to better handle and solve problems and reduce costs and risks.
2. Drafting and amending relevant legal documents
In production and daily life, contracts, statements, wills and other legal documents drafted, reviewed and revised by lawyers are undoubtedly more standardized and scientific, which can avoid many loopholes and risks.
3. Legal comments on daily affairs
How to avoid being cheated, how to guard against the risks caused by lax contracts, and how to collect evidence for possible disputes in the future can be done better with the help of lawyers who are not engaged in litigation.
4. Participate in business negotiations
Lawyers who are not engaged in litigation participate in major negotiations with clients, which can immediately find the existing legal risks and provide corresponding solutions, and also make this negotiation more standardized and scientific because of the participation of lawyers.
5. Staff legal training
Lawyers who do not engage in litigation can help enterprises to provide legal training for employees and help solve problems in work and life through special lectures and seminars, so as to improve the quality of employees and promote the development of enterprises.
6. Issue various statements, legal opinions and lawyers' letters. Try to "defeat the enemy without fighting", solve disputes at the lowest cost and safeguard the rights and interests of the parties.
7. Participate in the decision-making on major issues of companies and individuals.
8. Other value-added services.
To sum up: non-litigation lawyers mainly engage in non-litigation legal services, covering various legal fields, aiming at providing legal advice and services to clients; Litigation lawyers, on the other hand, focus on the litigation field, engaging in agency, defense and all kinds of work in litigation procedures, aiming at striving for the greatest legitimate interests for clients.
Legal basis:
People's Republic of China (PRC) Lawyers Law
essay
Lawyers must abide by the Constitution and laws, and abide by lawyers' professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers.
Article 28
Lawyers can 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.