(a) to put forward legal opinions on the major decisions of the production and operation management of enterprises, to demonstrate them legally and to provide legal basis;
(2) Drafting, revising and reviewing contracts, agreements and other relevant legal documents and rules and regulations in the production, operation and management of enterprises and foreign exchange activities;
(3) Handling non-litigation legal affairs of the enterprise;
(4) Acting as an agent for enterprises to participate in civil, economic and administrative litigation, arbitration and administrative reconsideration;
(five) to participate in economic project negotiations, review or prepare various legal documents required for negotiations;
(6) Providing legal information related to enterprise activities;
(seven) to provide legal advice on deepening reform, opening wider to the outside world, developing an export-oriented economy, transforming the operating mechanism of enterprises, improving the economic benefits of enterprises, and strengthening production and operation management and external relations;
(eight) to assist enterprises to carry out legal publicity and education and legal training for cadres and workers;
(nine) to guide the work of the internal legal staff of the enterprise;
(10) Other legal affairs. Article 4 When an enterprise hires a lawyer as a legal adviser, it shall sign an employment contract and agreement with a law firm (legal advisory office-the same below). Article 5 Enterprises shall employ lawyers as legal advisers, and law firms shall employ their own lawyers as legal advisers, and try their best to meet the requirements of enterprises for naming lawyers.
When necessary, two or more lawyers may be appointed to form a legal advisory group (group), and the legal advisory group (group) may have a chief legal adviser.
Without the appointment of a law firm, an individual lawyer may not act as an enterprise legal adviser in any form or name.
A paralegal may not act as an enterprise legal adviser independently, but may assist lawyers in their legal advisory work. Article 6 The employment contracts and agreements signed by law firms and enterprises shall include the following main contents:
(1) The legal names of both parties and the names of appointed lawyers;
(two) the specific scope of work and working methods of the legal adviser;
(3) Rights and obligations of both parties;
(four) the principles that both parties should abide by;
(5) The amount and payment method of legal consultant fees;
(6) Suspension, modification and dissolution of contracts and agreements;
(seven) the validity of the contract and agreement;
(8) Other matters agreed by both parties.
The employment contracts and agreements of lawyers as enterprise legal advisers must be stamped with the official seals of both parties and signed or sealed by their legal representatives. Article 7 A lawyer may serve as an enterprise legal adviser in the following ways:
(1) perennial legal adviser: the law firm has signed an employment agreement with the enterprise for one year or more. During the term of the agreement, the lawyers appointed by the law firm will provide legal services to the enterprise as legal advisers. Upon the expiration of the agreement, the legal advisor relationship is terminated. If you continue to hire legal counsel, a new agreement will be signed.
(2) Special legal adviser: A law firm can sign an employment agreement with an enterprise to handle a legal affair, and the legal affair is settled and the legal adviser relationship is terminated.
When a lawyer serves as an enterprise legal adviser, he can be called a lawyer or an enterprise legal adviser. Article 8 The employment contract and agreement of a lawyer as an enterprise legal adviser shall specify that a lawyer shall enjoy the following rights:
Consult enterprise documents and materials related to undertaking legal affairs;
(two) to understand the production, operation, management and external contact activities of the enterprise;
(3) Attending meetings held by enterprise leaders on production, operation, management and external activities as nonvoting delegates;
(four) to obtain the necessary working conditions and facilities such as office and transportation to perform the duties of enterprise legal adviser. Article 9 When a lawyer acts as an enterprise's legal adviser, the law firm shall collect fees from the enterprise in accordance with the Measures for the Administration of Lawyers' Fees and the Standards for Lawyers' Fees. Article 10 A lawyer serving as an enterprise legal adviser shall undertake relevant legal affairs entrusted by the consulting unit in a timely manner and earnestly perform his duties. Article 11 When a lawyer acts as an enterprise legal adviser, he should adhere to the principle of taking facts as the basis and taking law as the criterion. If it is found that the consulting unit has violated the law, it should be discouraged from correcting it. Article 12 When a lawyer serves as an enterprise legal adviser, he shall carry out his work in accordance with the provisions of the contract and agreement and the authorization of the enterprise, and shall not exceed the authority of the entrusted agent. Article 13 A lawyer who serves as an enterprise legal adviser shall not engage in activities that harm the legitimate rights and interests of the employing unit, and shall not act as an agent of the other party in civil, economic, litigation or arbitration activities.