Non-litigation business means that lawyers accept entrustment from citizens, legal persons or other organizations to handle legal matters for parties that are not related to courts or arbitration committees within the scope of their powers, which corresponds to litigation business.
Non-litigation business, corresponding to litigation business, refers to lawyers accepting entrustment from citizens, legal persons or other organizations to handle legal matters for parties within the scope of their powers that are not related to courts or arbitration committees. Non-litigation business mainly consists of consulting, agency services, special legal services, legal advisory services and other services.
Categories
Consulting and document services
1. Legal consulting and writing of litigation documents. This is a non-litigation business that every lawyer will be involved in, but is ignored by many lawyers. To answer legal advice well, lawyers need not only to have a profound legal background, but also to have rich practical experience. Otherwise, it will only mislead the parties. Remember: you should treat legal consultation as your own legal affairs. It will also affect your reputation and future. Lawyer's letters include: litigation documents, including indictment, defense, appeal, complaint, etc.; relevant legal affairs documents, including power of attorney, will, etc.; non-legal affairs documents.
2. Issue legal opinions and lawyer’s letters. A legal opinion refers to a written legal opinion on relevant facts and behaviors that a lawyer, entrusted by the client, in the name of the law firm, correctly applies the law to analyze and explain based on the factual materials provided by the client. A lawyer's letter refers to a letter sent by a client in the name of a law firm or lawyer to the client designated by the client to declare on relevant matters.
Specialized legal services
1. Special legal services for companies
Including matters related to the establishment and dissolution of enterprises, general legal affairs in the daily operation and management of the company, Investment and project development, financial financing, corporate securities business, acquisitions and mergers, corporate leasing, contracting, custody, intellectual property rights, labor and personnel and other special legal matters.
2. Special legal services for construction and real estate
Including plan formulation, negotiation participation, review document preparation, application for approval and other matters in the company establishment stage; land use rights acquisition stage Legal affairs related to requisition, state-owned land grant and transfer; document processing, dispute resolution, document submission and other matters during the demolition phase; preparation, drafting and review of bidding documents during the project construction phase and supervision of the performance of engineering and equipment contracts, etc. Affairs; sales, leasing, mortgage financing and other aspects of the real estate operation stage; related matters in the property management stage, etc.
3. Special legal services for finance, securities, and insurance
Including legal advisory services for financial institutions, legal services for deposits and loans, legal services for bills, trusts, and foreign exchange, and legal services for futures and bonds , leasing legal services, international settlement, international financing legal services, insurance legal services, as well as legal services involving credit cards, electronic banking, online payment, and the establishment of foreign financial and insurance institutions.
4. Special intellectual property legal affairs
Including intellectual property declaration agency, property rights management assistance, property rights transfer agency, special intellectual property agency, ownership agency, infringement agency, technology comparison consultation , dispute agency, providing a full range of intellectual property legal services focusing on copyright law, patent law, trademark law, technology contract law, information network law, trade secret law, unfair competition law, anti-dumping law, etc.
Legal advisors are legal advisors to individuals, legal entities and other organizations. They are legal advisors and are mainly responsible for non-litigation matters. The reason why individual citizens, legal entities and other organizations hire legal advisors is to avoid litigation. The occurrence of affairs makes one's own behavior more consistent with legal regulations. Exceptionally, as a legal advisor to an enterprise, a lawyer must not only provide legal advice on the enterprise's production and operation, but also assist the enterprise in improving legal management and formulating articles of association, contract management regulations, employee handbooks, etc. These require lawyers to have both economic and professional skills. and management knowledge.
5. Business account management, non-litigation collection matters.
6. Criminal non-litigation business
Criminal business has always been litigation business. The concept of criminal non-litigation business is a new business developed by Han Zhuo Law Firm under the leadership of Director Han Bing by summarizing many years of criminal defense experience. Its core is to avoid multiple criminal cases, including various types of occupational crimes, crimes in specific industry fields, etc. According to the main characteristics of these criminal subjects and suspected crimes, preventive measures should be formulated to reduce the occurrence of such crimes.
For example, the financial sector is a high-incidence area for job-related crimes. It has the characteristics of large amounts of money involved, strong concealment, and irreparable property losses. Some of them are also related to the lack of financial supervision; behind many violations are often Contains the genes of illegality and crime. In this regard, the establishment of an internal control mechanism to suppress the characteristics of such crimes can prevent and avoid the occurrence of such cases to the greatest extent.
Through a lot of judicial practice, Lawyer Han Zhuo realized that many crimes could have been solved by legal methods, and these methods are not legal circumventions as people usually understand them. One of the important principles of civil law is that it is legal if the law does not expressly prohibit it. One of the important principles of criminal law is that it is not a crime if the law does not expressly prohibit it. Therefore, lawyers should maximize their wisdom and provide value-added services within the legal framework.
Other non-litigation legal services
1. Business credit investigation
Including natural person household registration certificate, marital status, real estate registration, ship registration, mortgage registration, industrial and commercial registration , industrial and commercial annual inspection, investigation of branches, investors, claims, debts, investments, assets, etc.
2. Lawyer witness
Accept the client's entrustment or with the consent of all parties, in the name of the law firm and the handling lawyer, test the authenticity and legality of the client's application matters Review and prove it.
This service follows three major principles: the principle of directness, the principle of fairness, and the principle that compulsory notarization cannot be witnessed.
3. A lawyer issues the certificate on your behalf. It refers to a kind of non-litigation legal affairs in which a lawyer accepts the entrustment of the client to handle notarization matters on his behalf
The usual practice is: to conduct a comprehensive review of the authenticity of the legal facts submitted by the client, and to make a decision whether it complies with national laws. , the conclusion of regulations and policies; legal comments should be written on the legal documents signed by both parties. When a dispute arises about the witnessed legal documents, the lawyer is obliged to prove the content of the witness and bear certain legal responsibilities.
4. Lawyer accompanies the purchase
(1) Verify the development and sales qualifications of commercial housing. This includes reviewing the subject qualifications of developers, sales agents, and construction contractors, government approvals for project establishment, land, planning, construction, and sales, as well as developer credit certificates, bank guarantees, and other financial conditions, and providing legal advice to home buyers for decision-making. .
(2) Review and sign the house purchase contract. Assist home buyers to improve the contract terms as much as possible in writing, and propose reasonable plans in accordance with the law for important terms such as area difference, delivery time, delivery quality, warranty period, property rights transfer, liability for breach of contract, etc., and negotiate with the developer to strive for the maximum Protect the legitimate interests of home buyers to the maximum extent possible.
(3) Supervise the performance of the house purchase contract. After the pre-sale contract is signed, regular and prudent tracking services will be carried out, paying attention to the development progress, use of pre-sale funds, ownership of pre-sale houses, assessment of project quality levels, etc. For facts and circumstances that may affect the performance of the contract, the home buyer will be notified as soon as possible and responded to in a timely manner.
(4) Review the housing delivery status. Check whether the delivery time, area, quality, specifications and other aspects of the commercial housing are consistent with the agreement according to the contract; review whether the delivery time and quality of ancillary contents such as water and electricity, communication networks, public facilities, and environmental supporting facilities are consistent with the agreement; determine whether the warranty is consistent with the agreement; start and end dates of the term, sign a warranty contract; urge developers to handle property rights registration matters, etc.
(5) Resolve disputes. For contract signing and contract performance disputes that exist throughout the entire process, we will represent the home buyers and developers in private discussions and negotiations. For fundamental breach of contract and major changes in the contract, when appropriate, the agent will initiate arbitration or litigation in accordance with the law.
5. Negotiation, negotiation, drafting, review, modification, etc. of agency contracts and agreements. With the participation of lawyers, contracts and agreements will be formulated in a more standardized manner, which will help protect the client's legitimate rights and interests to the greatest extent, and also prevent future disputes in advance. Legal matters related to contracts are divided into three stages: Contract preparation stage. At this stage, the lawyer can obtain as much information as possible from the client, including the client and the counterparty to the contract, and formulate a negotiation plan. At the same time, existing relevant laws and regulations should also be explained to the client; Contract signing stage. At this stage, both parties to the contract will negotiate on relevant matters, and lawyers will participate in the negotiations and can also explain to the other party the legal basis for their requirements; the performance stage. After the contract comes into effect, it does not mean that it will necessarily be fulfilled. If the actual situation requires the contract to be suspended, changed, or terminated, the lawyer can negotiate with the other party on behalf of the client to resolve the matter.