1. Can a legal adviser file a lawsuit?
Legal counsel can go to court.
Legal counsel can represent litigation disputes, and it is enough to go through the entrustment procedures.
If you are a staff member of this unit, you can file a lawsuit on behalf of the unit by issuing a certificate of labor relations or a work permit.
Legal adviser can be divided into broad sense and narrow sense. Broadly speaking, people who have legal expertise, accept the employment of citizens, legal persons or other organizations, and provide legal services for them, as well as people in legal affairs institutions established within legal persons or other organizations, are legal advisers.
The role of the legal adviser includes:
1. Prevent future legal risks
2. Deal with the existing problems
3. Promote the standardization of employer management.
4. Save costs (from the perspective of preventing damage).
5. Employees of management and board of directors.
6. Implementers of laws and policies.
7. Supporters of enterprise management by objectives.
8. Practitioners of commercial contracts.
9. Defenders of enterprise self-discipline system.
10. Arbitrator for internal disputes.
1 1. Performance and Risk Coordinator.
12. Defenders of the legitimate rights and interests of enterprises.
2. What's the difference between a legal adviser and a lawyer?
A lawyer generally refers to a person who has passed the judicial examination, practiced for 1 year, has the qualification certificate of practicing lawyer, and works in a law firm. These conditions are indispensable. Some people have passed the exam and got the certificate, but they don't work in the firm. Such people are not lawyers yet.
The concept of legal adviser is relatively broad. Generally speaking, as long as you pass the judicial examination, you can be a legal adviser. Some legal advisers are specially employed by enterprises or units. These people can be called full-time legal advisers and belong to enterprise employees. However, some enterprises have signed agreements with law firms, and lawyers of law firms provide legal consulting services for them. Such consultants do not belong to the employees of the enterprise, but still belong to the lawyers of the firm.
The main differences between legal counsel and lawyers include:
1. The difference in name: the lawyer's practice institution is called "a law firm", and the external practice is collectively called a lawyer, and the practice holds a lawyer's practice certificate. The practice organization of grassroots legal service workers is called "a legal service office", and the external practice is collectively referred to as legal service workers. The practitioners hold the practice certificate of legal service workers.
2. Business difference: lawyers can engage in criminal litigation business, and legal service workers are not allowed to engage in this business.
3. Lawyers are not lawyers and cannot handle cases across provinces.
At present, Guangdong, Shanghai, Beijing and other developed places have not allowed legal workers to appear in court to participate in litigation activities.
5. Lawyers require a bachelor's degree in law and judges. The prosecutor has the same request. Must pass the national judicial examination, with a passing rate of 7%, and must have a bachelor's degree or above.
Compared with lawyers, grass-roots legal workers are of low quality, unable to meet the high-quality requirements of society for legal talents, and unable to be competent for the legal profession with extremely high professionalism, extremely complex technical requirements and extremely high policy requirements.