Non-litigation lawyer affairs mainly include the following aspects:
1, answer legal advice and write litigation documents. This is a non-litigation business that every lawyer will be involved in. Answering legal advice well requires both lawyers' profound legal knowledge and rich practical experience, otherwise it will only mislead the parties. Remember: you must find a real lawyer when consulting legal issues, and don't be deceived by street lawyers. Attorney's representation includes: litigation documents, including indictment, defense, indictment, petition, etc. ; Relevant legal documents, including power of attorney, will, etc. ; Non-legal documents.
2. Legal advisers of individuals, legal persons and other organizations. As a legal adviser, I am mainly responsible for non-litigation affairs. The reason why citizens, legal persons and other organizations hire legal advisers is to avoid litigation affairs, which is very important for enterprises to guard against legal risks at this stage and further make their actions more in line with legal provisions. The exception is that lawyers, as legal advisers of enterprises, should not only provide legal advice for the production and operation of enterprises, but also assist enterprises to carry out perfect legal management and formulate articles of association, contract management regulations and employee manuals. This requires lawyers to have both economic knowledge and management knowledge.
3. Negotiation, consultation, drafting, review and modification of contracts and agreements. With the participation of lawyers, contracts and agreements will be more standardized, which will help to protect the legitimate rights and interests of customers to the maximum extent and lay a good shot for future disputes. The lawyer's affairs in the contract are divided into three stages:
1) preparation stage. At this stage, lawyers can get as much information as possible from clients, including clients and counterparties, and draw up a negotiation plan. At the same time, it should also explain the existing relevant laws and regulations to the client.
2) Signing stage. At this stage, both parties to the contract will negotiate related matters, lawyers will participate in the negotiation, and they can also explain the legal basis of their requirements to each other.
3) Performance stage. After the contract comes into effect, it does not necessarily mean that it can be performed. When the actual situation needs to suspend, modify or terminate the contract, the lawyer can negotiate with the other party on behalf of the client. Give an opinion.
4. Witness by lawyer. In Chinese mainland, lawyer witness is in its infancy, and more and more people are aware of it. Compared with notarization, it has the advantages of low cost and fast processing. Lawyer's witness refers to a kind of lawyer's affairs, which is entrusted by the client to prove the authenticity and legality of the client's legal events or legal acts in the name of a law firm according to his own eyes.
Lawyer's proxy notarization
5. Lawyers handle notarization. It refers to a kind of non-litigation legal affairs in which lawyers accept the entrustment of the parties to handle notarization matters on their behalf.
6. Credit investigation. Credit investigation refers to the investigation activities conducted by lawyers in the name of law firms on the business reputation and operating conditions of the respondents entrusted by the parties. For example, a credit report for an enterprise should generally include the following aspects: company profile, company resume and organizational structure, person in charge, financial status, agent bank, payment record, operation, on-site investigation, etc.
7. Issue legal opinions and lawyers' letters. A legal opinion refers to a written legal opinion issued by a lawyer on behalf of the client, based on the factual materials provided by the client, correctly applying the law, and analyzing and expounding the relevant facts and behaviors. A lawyer's letter refers to a letter entrusted by the client to send a statement on relevant matters to the client designated by the client in the name of a law firm. Lawyer's letter, like lawyer's witness, has been popular for less than ten years, and it was introduced to Shenzhen from Hong Kong and Macao, and gradually spread to all parts of the country from Shenzhen.
The goal of litigation business is to obtain the litigation result approved by the client, and winning the case is only the result approved by the client; Although most parties hope to win the case, winning the case is not the only result recognized by the parties. To achieve the goal of litigation business, we must complete two aspects: first, make a reasonable litigation plan; The second is to handle the relationship with the parties. Lawyers must take appropriate measures to solve the "unreasonable ideas" of their clients and achieve reasonable litigation goals according to specific circumstances. It should be emphasized that the proposition that "litigation is to gain the client's approval" does not mean that litigation lawyers should blindly cater to the client's ideas and requirements. Lawyers should practice in accordance with laws, professional ethics and practice discipline, and should not do whatever they want with the consent of their clients.