Legal counsel can certainly file a lawsuit, and a lawsuit is a lawsuit. The duties of the legal adviser are as follows:
(1) Daily legal affairs
1. Provide legal advice on legal issues related to the business of the consulting unit.
2. Review the legal documents drafted by the consulting unit and help the consulting unit to formulate and modify internal rules and regulations.
3, for consulting units to draft and modify the economic contract, to provide reference.
4. Draft and modify labor contracts for consulting units and help adjust labor relations.
5. Analyze the legal feasibility of the decision-making matters in the production and operation management of the consulting unit and provide the feasibility report.
6 to provide legal advice for the protection of trademark rights, patents, copyrights, trade secrets and exclusive management rights of consulting units, and to assist consulting units in formulating confidentiality systems and confidentiality agreements.
7. According to the needs of consulting units, attend major meetings and provide legal advice on the spot.
8, according to the needs of the consulting unit, in the name of the legal adviser issued a power of attorney.
9, according to the needs of consulting units, legal training for employees.
10. According to the needs of the consulting unit, intervene in various investment activities of the company in advance and provide relevant legal services.
1 1. According to the financial information provided by the consulting unit, analyze the company's creditor's rights and put forward the corresponding disposal scheme for non-performing assets.
12. Participate in the negotiation of major economic projects of consulting units and provide legal advice.
(2) Non-litigation legal affairs
1. Conduct relevant enterprise credit investigation on the consulting unit and issue the investigation report.
2, for the legal behavior and legal facts of the consulting unit to issue a lawyer's witness or legal evaluation.
3. To provide legal services for enterprise establishment, equity transfer, capital increase and capital decrease, tendering and bidding, merger and separation, liquidation and cancellation, asset reorganization and restructuring and listing of consulting units.
4. As a consultant for all kinds of notarization.
5. Acting as an agent for consulting units to apply for trademarks, patents and copyrights, and to register, register, transfer and put on record.
6. Acting as an agent for consulting units to handle legal affairs related to financing matters such as credit, mortgage, commercial loans, project financing and financial leasing.
7. Acting as an agent for the consulting unit to handle the relevant procedures involved in real estate development, compensation for land acquisition and demolition, assignment and transfer of land use rights, etc. 1. Second-hand building sale, building mortgage, lease mortgage, property right registration and transfer.
8. Acting as an agent for import and export trade, insurance trust, maritime affairs, overseas investment, international transportation, technology transfer and other legal affairs.
9. Handle other non-litigation legal affairs entrusted by the consulting unit.
(3) Litigation legal affairs
1. Acting as an agent to mediate and reconcile civil and economic disputes.
2. Acting as an agent of the consulting unit in civil, criminal, economic and administrative cases.
3. Acting as an agent to arbitrate economic, labor and foreign-related cases.
Second, the necessity of hiring perennial legal counsel.
Maybe you think there is nothing wrong with your business and you don't need a lawyer. Don't forget that we are now a society ruled by law. Living in such a society, the law is like air. We can't feel it, but we can't live without it for a moment. The business world is like a battlefield. It is an urgent problem for business leaders to use legal means to resolve business risks, improve market competitiveness, and establish and improve the legal adviser system of modern enterprises according to law. Although we know the importance of legal counsel, in real life, many enterprises have not formed the consciousness of hiring perennial legal counsel, and only when they encounter litigation do they think of looking for legal counsel themselves, so that the role of legal counsel is limited to helping enterprises in litigation, and enterprises have therefore lost many due business opportunities or caused many unnecessary troubles.
The role of enterprise legal counsel goes far beyond helping enterprises to file lawsuits or review contracts. A competent and excellent consulting lawyer's legal service for consulting enterprises is no longer to provide litigation relief for consulting units after disputes and losses occur, but to provide targeted, advanced and preventive professional legal protection system for consulting units in time to avoid disputes and losses as much as possible, and to be a "legal health doctor" for consulting units to achieve high-quality, efficient, honest, diligent and conscientious legal services. Through professional legal services, legal consultants help enterprises to establish risk prevention mechanisms, prevent and resolve business risks, and let enterprises develop on a safe platform.
Hiring legal counsel helps enterprises to obtain more comprehensive, thoughtful and meticulous legal services at any time, thus avoiding the confusion and disadvantages of running around looking for lawyers when legal problems arise. It is helpful to improve the corporate image: after learning that the enterprise with which it conducts business has hired legal counsel, customers will inevitably think that the enterprise is an enterprise that pays attention to integrity, abides by laws and regulations and operates legally, which will greatly enhance customers' trust in the enterprise and greatly promote the success of business negotiations. At the same time, the existence of legal counsel will also urge customers to perform the contract more seriously and faithfully. It is beneficial for enterprises to avoid, guard against and reduce business risks. In the process of enterprise development, there are a lot of legal risks (part of business risks) and business traps. The role of legal counsel is to help enterprises avoid and dissolve legal risks and nip them in the bud.
Hiring a legal adviser can better facilitate the transaction and avoid the transaction risk: China people's tradition is to be friends first and then talk about cooperation, so it is often difficult to make clear the arrangement and choice of the interests of both parties, which often leads to disputes. At this time, as a third party with legal professional knowledge, legal counsel has defined the rights and obligations of both parties with complete legal documents, which not only ensures the safety of transactions and cooperation, but also takes care of the feelings of both parties, which can be described as the best of both worlds.
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