Legal subjectivity:
With the continuous improvement of my country’s legal system and the improvement of the overall legal awareness of society, more and more companies are aware of the importance of law. Therefore, many companies You have also hired a legal consultant to reduce the legal risks of your business. So what is the company's annual legal advisory service plan generally? The following is a detailed introduction for you. What is the scope of corporate legal advisory services? As the economy develops and the law improves, our entrepreneurs should also keep pace with the times, further emancipate their minds, change their concepts, and improve their understanding of legal risks from "fire fighting" to "fire prevention" ; From the awareness of safeguarding rights according to law to the awareness of governing enterprises according to law! 1. The task of the permanent legal advisor is to provide various legal services to the company and safeguard the company's legitimate rights and interests in accordance with the law. The specific scope of work is as follows: 1. Assist the company in handling various disputes (1) Types of disputes, including sales contract disputes, labor and personnel disputes, leasing disputes, intellectual property disputes, share transfer disputes, etc. (2) As a company representative, resolve the above disputes amicably through consultation and negotiation; if the negotiation fails, issue a lawyer's letter at the company's request; provide litigation or arbitration for the company; when necessary, participate in litigation or arbitration as the company's litigation agent arbitration. (3) Assist the company to analyze and find the reasons for the above-mentioned disputes, so as to remedy the situation before it happens and prevent such disputes from happening in the future, so that such disputes will be less likely to occur or not occur in the future. 2. Assist the company to improve various rules and regulations (1) In terms of business systems, mainly provide legal opinions and prevention methods on the legality and risks of business methods, and timely modify those that are not in compliance with the "Company Law", "Civil Code" and "Civil Law" Code and other laws and regulations to pursue the company's law-abiding operations. (2) In terms of management systems, we mainly provide legal advice on the legality of the company's internal management systems such as labor and personnel, so that they do not violate the Labor Law and other relevant laws and regulations, in order to pursue the company's legal management goals. 3. Strengthen the company's contract management (1) Draft, review, and modify existing contracts, classify and produce "contract templates", and standardize legal risks in the contract signing process. Mainly for raw material procurement, sales and franchise sales, transportation, warehousing, leasing, patented technology and proprietary technology, business secrets and confidentiality rules, labor and employment, etc. (2) Draft and formulate rules for the performance of contracts, and combine the Civil Procedure Law, the Supreme People's Court's Evidence Rules for Civil Litigation and relevant laws and judicial interpretations on civil litigation to formulate standards for employee performance of contracts, improve performance procedures, and conduct evidence Preservation to prevent the risk of losing the case due to lack of evidence. (3) Develop a contract management system to formulate specific measures for contract signing, performance, custody, archiving, etc. (4) Review the contracts being issued and take timely remedial measures if there are loopholes. 4. Provide intellectual property services to enterprises. Intellectual property is one of the focuses of our services. Specifically, it includes copyright protection, patent protection, trademark protection, non-patented technology protection, trade secret protection and anti-unfair competition, etc. Through our work, the company will not violate the "Copyright Law", "Patent Law", "Computer Software Protection Regulations" and other relevant laws and regulations in the process of product development, product sales, technical services, technology transfer, etc., so that the company can There are no legal impediments to committing the above acts. 5. Clean up claims and debts for the company (1) Collect claims and prioritize according to the expiration of the statute of limitations as stipulated by law; draft and issue lawyer's letters to assist the company in collecting debts and interrupting the statute of limitations. (2) Clean up the company’s external debts and take defensive measures. (3) Formulate litigation plans and pre-litigation evidence preservation measures. 6. Assist the company to deal with legal issues related to transportation and finance (1) Legal documents required for the storage and transportation of raw materials, semi-finished products, and finished products, as well as cargo insurance, product quality disputes, product damage compensation, and delivery during transportation. Handle legal issues such as acceptance standards for goods received. (2) Review the legal documents involved in the company's financing, borrowing, fund-raising, guarantees, and mortgages from other companies or financial institutions.
7. Assist the company to deal with legal issues related to administration (1) Formulation of company articles of association and administrative contract management measures (including procedures for drafting, review, signing, and performance). (2) The company communicates with real estate, fire protection and other departments when it comes to business site leasing or its own property management, and handles relevant legal affairs and legal documents. (3) Assist in handling special legal matters involving the company and departments such as industry and commerce, taxation, customs, copyright office, and patent office. (4) Manage and provide legal advice on company seals, business licenses, tax registration certificates, letters of introduction, etc. (5) Notarization on behalf of the client. 8. Provide legal services for company reorganization, mergers and acquisitions, etc. 9. Provide legal affairs training for company employees. Conduct training for relevant business personnel by category and topic to improve employees' legal awareness, contract awareness, and evidence awareness. The main aspects include the Civil Code, Evidence Law, Intellectual Property Law, Product Quality Law, Consumer Rights Protection Law, Labor Law, etc. 10. Represent the company in civil, economic, and administrative litigation or arbitration, and apply for administrative reconsideration on its behalf. 2. Service methods 1. A legal advisory service team is composed of full-time lawyers and paralegals to provide comprehensive services to consulting units. 2. According to the company's requirements, the firm appoints a lawyer or assistant to inspect the company to understand the situation in detail, analyze the company's requirements and the problems discovered from a legal perspective, and propose solutions. 3. When a lawyer assigned as a legal consultant is unable to perform his duties as a legal consultant due to special reasons, the firm shall negotiate with the company to appoint another consultant lawyer to ensure the continuity of the legal consultant's work. 4. If the company encounters special circumstances and requires the firm to appoint lawyers or assistants to the company to resolve special legal issues, it will not be restricted by the above provisions. 5. For the company's non-litigation legal affairs, the firm will issue a legal opinion or handling method within three working days. 3. Establish a rapid response mechanism for emergency response in the legal service process. Establish a legal advisory group with relatively stable personnel and achieve the following: 1. Respond to legal consultations on the same day. 2. Modification of the contract shall be completed no later than the second day after receipt of the contract to be modified. 3. Drafting of contracts and other legal documents shall be completed within three days after accepting the task. 4. Improve the service plan according to the company's business characteristics; highlight key points and solve the problems that the company is most concerned about and needs to solve most. The above are the editor’s answers to related questions. I hope it will be helpful to you. If you still have questions, you can consult a professional lawyer online for legal objectivity:
Article 20 of the "Lawyers Law of the People's Republic of China" Article 9 Lawyers who serve as legal advisors shall provide opinions to clients on relevant legal issues as agreed, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other legal matters entrusted, and safeguard the legitimate rights and interests of clients.