What should I pay attention to when hiring a lawyer as a legal adviser? Are there any taboos?
I. When an enterprise as a legal person hires a legal adviser, it should pay attention to the following issues:
1. An enterprise may employ one lawyer or two or more lawyers as legal advisers as required.
2. Enterprises can also hire lawyers as permanent or temporary legal advisers as needed. The term of office of the resident legal adviser is not stipulated by law, and can be determined by both parties through consultation, but it is generally not less than 1 year. Temporary legal adviser means that an enterprise hires a lawyer to help solve legal problems in its operation and management, and is dissolved immediately after the problems are solved.
3. Enterprises should apply to law firms when hiring lawyers, instead of directly applying to individual lawyers. The law firm accepts the employment of the employer, signs a contract to hire legal counsel, clarifies the rights and obligations of both parties, and appoints lawyers as legal advisers of the employer. The hired lawyer represents the law firm to perform the contract with the employing unit, remains a member of the law firm, and accepts the leadership and supervision of the law firm according to law. Lawyers and employers have no administrative affiliation, nor are they members of employers. They have a contractual relationship of equal rights and obligations.
4. The main contents of a lawyer's contract as a legal adviser. The Employment of Legal Counsel Contract is a legal document that a law firm accepts the entrustment of an employer and appoints a lawyer as the legal adviser of the employer. Signed by both parties through consultation in accordance with the law on the basis of equality and voluntariness, once signed, it has legal effect.
Two, the terms of the contract must be specific, legal and feasible, and its main contents are as follows:
(1) Names and addresses of both parties to the contract. The enterprise must use the legal person name registered when signing the contract.
(2) The names, positions and addresses of the legal representatives of both parties to the contract.
(3) The name, gender, position and address of the lawyer.
(4) the scope of work and responsibilities of the legal adviser. On the basis of legal provisions and the actual needs of the employer, both parties should clearly specify the specific work content of the legal adviser in the contract, so as to clarify the responsibilities and avoid disputes in performance.
(five) the time limit for hiring a lawyer as a legal adviser.
(6) The amount and method of remuneration of legal advisers.
(7) obligations of employers.
(8) Rights and obligations of legal counsel.
(9) Other relevant matters agreed by both parties through consultation.
Finally, the representatives of both parties signed and sealed, indicating the date of signature.
Lawyer consultant, lawyers serve as perennial legal consultants for companies and enterprises.
The deepening of China's economic system reform and the rapid development of modern science and technology have promoted the rapid economic development. There are more and more horizontal links between enterprises, between enterprises and countries, and between collectives. Due to the constant emergence of various economic relations, various economic disputes inevitably appear. This requires mediation, arbitration and litigation to solve the problem. Therefore, it is of great help for enterprises to hire lawyers with rich legal knowledge and practical experience as consultants to safeguard the legitimate rights and interests of enterprises and promote the development of production and operation.
Three. The business content of lawyers as corporate legal advisers.
As an enterprise legal adviser, lawyers' business contents include statutory business and agreed business:
1. Legal affairs. Article 29 of China's Lawyers Law stipulates: "As a legal adviser, a lawyer should provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal affairs entrusted by the client, and safeguard the legitimate rights and interests of the client." Therefore, the legal obligations of enterprise legal counsel mainly include the following three aspects:
(1) Provide legal advice for enterprises.
The duty of enterprise legal adviser is to provide legal advice on major decisions in enterprise production and operation management, or at the request of enterprises, to conduct legal argumentation and provide basis for their decision-making matters, so that the activities of enterprises do not exceed and violate the laws and policies of the state and are protected by law, so that the operation of enterprises is legal and feasible, and the maximum economic benefits are obtained.
(2) Drafting and examining enterprise legal documents.
The nature of an enterprise determines that it must have various economic and legal relations with society and sign contracts in its production, operation and management. So write all kinds of legal documents. Lawyers, with their legal professional knowledge and practical experience, guide enterprises to write all kinds of documents, and revise and review them. Lawyers can also personally draft and make some important contracts and other documents. Make the document legal, complete, accurate and specific, so that it can be performed smoothly and protected by law. According to the entrustment of the enterprise, in the name of the client, according to the requirements of the client and the facts provided, the lawyer writes relevant legal documents according to law, which is called lawyer's agent. Substituting books is an important legal business of lawyers. Entrusted by an enterprise, a lawyer may write the following documents on his behalf:
First, various litigation documents. Litigation documents are documents made for litigation. Generally speaking, it is the documents written by lawyers when they are entrusted to participate in litigation activities, including litigation documents in criminal, civil, economic and administrative cases. For enterprises, it is mainly the latter three. Specifically, it refers to complaints, defenses, appeals, appeals, petitions, etc.
The second is non-litigation legal documents. An enterprise may entrust a lawyer to write any document that involves certain legal affairs and can cause certain legal consequences. Such instruments mainly refer to contracts, agreements, power of attorney, arbitration applications, reconsideration applications, etc.
(3) Acting as an agent in litigation, mediation or arbitration.
Because of the extensiveness and complexity of enterprise economic activities, the complexity and diversity of enterprise economic disputes and disputes are determined. Timely and proper settlement of various economic disputes and disputes is of great significance for protecting the interests of enterprises and maintaining and developing the normal economic order. To solve economic disputes, mediation, arbitration and litigation should be adopted respectively according to the nature, situation and content of the disputes. Because mediation, arbitration and litigation require specialized legal knowledge, lawyers should not only have these conditions, but also have the skills to solve disputes through mediation, arbitration and litigation. Therefore, in mediation, arbitration and litigation activities, assisting and representing enterprises to solve disputes, safeguarding the legitimate rights and interests of enterprises, and cooperating with the court to solve disputes in a timely and correct manner is another important business of lawyers.
2. Agreed business. Signing business refers to the business content that the employer and the applicant mutually negotiate to determine the legal counsel to serve the enterprise, which mainly includes:
(1) Help enterprises to formulate and improve rules and regulations. As legal advisers, lawyers have the obligation to help enterprises formulate and rectify various internal rules and regulations, such as contract management and labor management.
(2) Help enterprises to establish legal affairs institutions and give specific guidance to them in their work. With the development of economy, large and medium-sized enterprises need to establish institutions specializing in legal affairs to manage the economy from both macro and micro perspectives. Legal advisers shall help enterprises plan the establishment and staffing of institutions, formulate the rules and regulations of legal affairs institutions, and guide their work.
(three) to publicize the legal system and cultivate legal talents. Lawyers can make use of their advantages in legal knowledge to actively popularize legal knowledge to enterprise managers, operators and ordinary employees, especially the legal knowledge that needs to be mastered in enterprise economic activities. To train talents engaged in legal affairs for enterprises, so that they can be competent in the legal affairs of their own enterprises and promote the development of their production and business activities.
That's what I've given you. What you should consider when you hire a lawyer as a legal adviser. I hope I can help you. With the development of China's economy, the most obvious change trend of modern enterprises is the legalization and regularization of management mode. In other words, in economic exchanges and economic life, we should use legal means as much as possible to safeguard our legitimate rights and interests and resist and crack down on illegal infringement. In order to achieve this goal, it is necessary to set up legal advisers in enterprises.