As we know, to be a lawyer in a law firm requires a lawyer's professional qualification certificate. So, can people who are engaged in legal affairs be lawyers for others? Next, I will answer this question in detail for you. I hope that after reading the following, you can learn something about legal workers or lawyers.
1. Can a person engaged in legal affairs be a lawyer for others?
Legal affairs refers to the staff who are responsible for handling legal affairs in enterprises, institutions, government departments and other legal organizations. If you want to be a full-time legal adviser, you can take the national unified enterprise legal adviser qualification examination.
The difference between legal affairs and lawyers lies in:
1. The lawyer is an employee of the company, and the lawyer is a legal person who is independent of the company;
2. Legal affairs may not pass the judicial examination, and lawyers must pass the judicial examination and obtain the qualification for practicing as lawyers.
The company pays special attention to finding corporate legal affairs among external lawyers with experience in the following fields:
Company legal affairs, intellectual property rights, labor and employment, compliance, business (including contract review), etc. Experience in writing and negotiating trading documents is preferred. Experience in large-scale projects and M&A projects will be a plus, but it is not necessary. As for litigation affairs, the legal department of the company is generally managed and supervised, and there are many cases of outsourcing litigation affairs.
However, it should be noted that when recruiting corporate counsel, corporate legal departments often pay more attention to the experience, business awareness and interpersonal communication skills of the candidates-sometimes, the most prominent candidate in the professional field is not necessarily the best candidate for corporate counsel.
After all, there are several important differences between legal work and lawyers, and those who intend to transform from lawyers to do legal affairs need to pay attention.
First, the service customers have changed. Lawyers in law firms serve all kinds of clients. But in the company, you only have one customer: the company. Therefore, the goal of the company's legal affairs is to achieve the company's business objectives, and at the same time control legal risks for this unique customer. Just like a lawyer in a law firm, it is not feasible to say "no" to a client's plan. At the same time, you may need to provide a solution. The success of a company's legal affairs is closely related to its commercial success.
Second, when working in the corporate legal department, you need to remember that corporate legal affairs is the cost center, not the income center like lawyers in law firms. Therefore, corporate lawyers and lawyers of external law firms are different in status, income and feelings. Generally speaking, the income of corporate legal department is lower than that of lawyers from external law firms, especially in China, and the gap is obvious. How to create value for the company is always a problem that the company's legal affairs need to consider.
Third, corporate lawyers often seek legal advice in a short time. Lengthy legal risk analysis may not be applicable, so it is necessary to give feasible legal advice in a simple, clear and understandable way in a short time.
Fourth, the company's legal department will have a better life-work balance than the lawyers in the law firm. But don't think you don't have to work overtime. When there are many major projects, overtime and weekend work are not less than those of lawyers in external law firms. But overall, the life-work balance of corporate lawyers will be much better.
Fifth, when entering the company's legal department, external lawyers strive for higher positions as much as possible. There are limited positions in the corporate legal department, especially senior positions, so the promotion speed in the corporate legal department is often not fast. It is the best choice for an external lawyer to enter the legal department and communicate with a higher position.
Second, what are the specific requirements of lawyers?
Lawyer: First, a lawyer must have both a legal professional qualification certificate and a practicing certificate. If you only have a legal professional qualification certificate and no lawyer's practice certificate, you can't call a lawyer.
Second, lawyers serve the whole society and have no specific target. Both natural persons and legal persons may entrust lawyers to represent legal affairs.
Third, lawyers must be entrusted by the parties or designated by the people's court to work within the scope of authorization and must not exceed their powers or abuse their rights.
Fourth, lawyers are legal workers. Lawyers can only protect the legitimate rights and interests of clients within the scope permitted by law, and their work within the scope permitted by law is protected by law, without interference from administrative units, clients and individuals.
According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers. According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers. According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
The basic characteristics of the lawyer profession are. Have the necessary legal expertise. To provide legal services as its function. Protected and managed by the state.
3. What are the conditions for applying for legal aid for public lawyers?
(1) Applicants for legal aid must be citizens who are in financial difficulties or unable to pay legal service fees due to accidents, and defendants designated by the people's courts to defend them in criminal proceedings.
(2) When applying for legal aid, citizens shall submit the following relevant materials to legal aid institutions:
1, ID card or other valid identification. If the agent applies, a power of attorney shall also be submitted;
2. Proof of economic difficulties;
3, apply for legal aid matters and related evidence materials.
The standard of economic difficulties shall be implemented with reference to the minimum living standard for urban and rural residents promulgated by the local people's government at the county level.