Legal analysis
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. , is more commercial. Litigation lawyers have a wide variety of businesses, which are mainly divided into four categories: civil, commercial, administrative and criminal. Their business fields span a large span and are highly differentiated, and it is difficult to integrate with each other. Therefore, litigators generally only focus on a certain kind of business, and it is difficult to give attention to both, and it is even more difficult to get straight A. The main battlefield of litigators is the court, and their opponents include not only lawyers, but also judges and parties. The choice of litigation ideas and strategies has a far-reaching impact on the outcome of litigation, and the main result is the court's judgment or mediation. Non-litigation lawyers basically do not appear in court. Their main battlefields are in offices and conference rooms, attending various meetings, discussing and studying, looking up various materials and modifying various documents. The results of their work are all kinds of copywriting, legal opinions and agreements. Litigation lawyers, whose legal relationship is relatively simple, the opinions of the parties in litigation are contradictory, and their improvisation and evidence analysis skills are high, require extremely high professional level, theoretical basis, oral expression ability and on-site response ability. The lawyer's personal ability has a great relationship with the outcome of the lawsuit, which is more suitable for a single lawyer to fight alone or two lawyers to cooperate, not suitable for the confrontation of lawyers and not suitable for the integrated operation of the company. Rather than litigation lawyers, the work content is complex and huge, with obvious procedural and modularity, which requires high writing ability and relatively low theoretical level. Lawyers usually work as a team, perform their duties, carry out assembly line operations, and have obvious characteristics of teamwork.
legal ground
Article 28 of the Lawyers Law of People's Republic of China (PRC) may engage in the following businesses: (1) to accept the entrustment of natural persons, legal persons or other organizations to serve 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.