The law has preventive, therapeutic and strategic functions. If you make good use of the law, you can obtain the greatest benefits. We should have a new understanding of the law, use the law to open the way for enterprises, use the law to protect enterprises, and use the law to resolve risks and create the best benefits for enterprises. This has increasingly become common knowledge among business owners. Our country is gradually becoming a country with a relatively mature legal system. Legalization will inevitably lead to the complexity of the national legal system. The handling of legal affairs has become a very theoretical and technical professional activity, which objectively requires legal affairs to be handled by legal professionals. Legal advisors are the product of this social division of labor and social needs.
Legal advisors are legal advisers, assistants and friends to companies, enterprises, state agencies, social groups and individual citizens. Practice has proved that having legal consultants with certain legal knowledge and work experience handle legal affairs can not only prevent legal disputes, but also better resolve legal disputes, avoid or reduce economic losses to the greatest extent, and effectively protect the rights and interests of citizens and legal persons. Legitimate interests.
1. The role of legal advisors
(1) Answer the legal questions that the parties need to consult;
(2) Provide legal advice on the behavior of the parties and legal basis;
(3) Help the parties to establish behavioral risk assessment, behavioral risk prevention and behavioral risk disposal mechanisms;
(4) Conduct interviews with relevant personnel deemed necessary by the parties Corresponding legal training;
(5) Participate in relevant activities that the parties believe require legal counsel;
(6) Participate in litigation and non-litigation activities as the party’s authorized agent ;
(7) Provide the parties with other legal assistance that the parties deem necessary.
2. Under what circumstances do we need to hire legal counsel?
Generally speaking, legal advisors should be hired in the following two situations:
First, when you need to make a decision or decide to dispose of your personal rights, property rights and other civil rights in accordance with the law. For example: the acquisition, transfer, trading, licensing of rights, the conclusion and performance of contracts, business negotiations, the formulation of rules and regulations, the issuance of notices, etc. Especially when decisions or decisions are expressed in writing, they should be treated with caution. In this case, hiring a legal advisor is to prevent legal disputes. On the one hand, you can avoid and reduce disputes as much as possible, and on the other hand, you can ensure that you are in the most advantageous legal position when a dispute occurs. In certain legal matters such as company listing and stock issuance, laws and regulations require the involvement of legal consultants and law firms. It is precisely because of this consideration of "preventing problems before they occur".
The second is when problems or disputes occur. The occurrence of disputes is the result of intensified conflicts. Resolving disputes requires corresponding legal expertise and rich experience in handling disputes. Only by fully understanding the pros and cons and weighing the pros and cons can the appropriate solution and approach be determined. In this case, hiring a legal consultant can conduct investigation and evidence collection, formulate practical plans after weighing the pros and cons, and actively respond to maximize benefits, reduce losses, and better safeguard one's legitimate rights and interests.
It is very important to prevent and resolve disputes. In particular, preventing disputes is often not taken seriously. In fact, preventing disputes can often achieve twice the result with half the effort.
2. Scope of work of corporate legal advisor
When a company hires a lawyer as a legal consultant, it establishes a long-term, stable and close service relationship between the company and the lawyer. The main benefits are: It is: (1) It helps enterprises to obtain legal services at any time; (2) It helps lawyers to understand the situation of enterprises more comprehensively, so that the legal services they provide are more targeted and accurate; (3) After long-term cooperation, both parties Be more adaptable to each other's working style and work characteristics, and facilitate better cooperation at work; (4) A long-term, stable, and close service relationship can inspire lawyers to have a stronger sense of responsibility and provide better legal services to enterprises. The scope of corporate legal advisors:
(1) Consultation and advice on legal issues encountered by enterprises;
(2) Consultation and advice on personal legal issues involving corporate employees;
(3) Assist enterprises to formulate negotiation strategies and plans, participate in enterprise contract negotiations and provide legal opinions, and participate in drafting and revising enterprise contracts.
(4) Participate in the drafting and revision of the company’s internal labor and personnel management, provide legal training to company employees, improve employees’ legal awareness, and ensure the implementation of company rules and regulations;
(V) ) Provide targeted legal guidance to corporate management;
(6) Draft and review legal documents such as industrial and commercial registration materials, corporate articles of association and other legal documents for newly registered companies; intervene in various investment activities of the company in advance, and Provide guidance on legal matters such as corporate industrial and commercial administration and tax regulations, and provide relevant legal services.
(7) Review the legal documents of the enterprise’s trademark rights, patent rights, copyrights, trade secrets and exclusive operating rights, provide legal advice, and assist the enterprise in formulating confidentiality systems and confidentiality agreements.
(8) Can be invited to attend the company's board of directors, analyze and demonstrate the legal issues involved in the board meeting topics; provide legal opinions on the company's major business decisions, and conduct legal analysis and demonstration on major projects;
(9) Participate in enterprise bidding and bidding activities, participate in project negotiations, issue legal opinions on bidding and bidding activities, and prepare project bid documents.
(10) Participate in enterprise merger and division activities, and conduct legal operations on them Demonstrate legality and possibility, draft and review specific legal documents, participate in the negotiation and supervise the implementation of the entire activity;
(11) Participate in the selection and negotiation of investment projects, and the design of investment plans, Assist in finding investment opportunities and investment partners;
(12) According to the needs of the enterprise, issue lawyer's letters in the name of legal advisor to express the enterprise's intentions in legal form.
(13) From time to time, introduce and publicize newly promulgated national and local laws and regulations related to enterprises to enterprises.
(14) Providing non-litigation legal services to enterprises
(15) Providing litigation legal services to enterprises
3. Scope of work of citizen personal legal advisors
(1) Provide 24-hour legal hotline service;
(2) Answer relevant legal consultations involved in daily life;
(3) Help draft, Modify and review various contract texts and legal documents required for various civil activities;
(4) Help plan, analyze, and judge the personal legal affairs involved, and provide suggestions and legal opinions;
(5) Represent transactions and dispute negotiations, and assist in drafting negotiation outlines;
(6) Help collect debts and issue lawyer’s letters;
(7) Handle various types of lawyer witness business and handle legal notarization procedures;
(8) Provide relevant information required by law for investigation;
(9) Assist in handling various matters involving individuals For various civil, administrative, and criminal disputes, act as an agent to prosecute, respond to, or negotiate with relevant departments, make statements, issue legal opinions, lawyer letters, etc.;
(10) Act as an agent to participate in mediation, arbitration, or litigation of disputes Activities;
(11) Handling other legal matters.
3. Basic work specifications of legal consultants
(1) Comply with national laws, regulations and industry norms.
(2) Strictly perform legal service obligations in accordance with the legal advisory contract established with the consulting unit.
(3) It is prohibited to charge consulting units any other fees other than those agreed in the consulting contract.
(4) Strictly keep the consultant’s business secrets, personal privacy and other issues that need to be kept confidential.
(5) It is absolutely not allowed to have any other interactions with the consulting unit other than matters agreed in the consulting contract.
(6) When providing legal services to consulting units, service costs should be reasonably controlled, and unnecessary expenses of consulting units should not be increased due to legal service work.
4. How to determine legal advisory fees
As for the payment standards of legal advisory fees, except for a few provinces and cities that have guiding opinions, most of them adopt the method of negotiating fees. Generally speaking, different law firms have different charging standards, and legal advisory fees vary depending on the firm and the specific legal advisor. In some cases, the gap is relatively large.
When determining legal advisor fees, we must first consider the average level of local legal advisor fees, and secondly, consider the actual situation of the legal advisor himself and his firm. Generally speaking, the legal consultant’s academic qualifications, qualifications, time spent working as a legal consultant, past work performance, performance of the firm, possible security conditions, etc. are all important factors that affect legal consultant fees.
5. How to correctly handle the working relationship with the hired legal adviser
Generally speaking, the relationship between the client and the hired legal adviser is one of equality and cooperation. working relationship.
In the process of handling legal affairs, legal advisers should promptly and proactively contact the client, and promptly report to the client the progress of the legal affairs and various problems that have occurred and may occur. For those non-routine issues, the client's opinions should be solicited; for major issues that affect the client's vital interests, the client should make a decision on his own after the pros and cons are explained to the client.
The client should also provide necessary cooperation with the legal advisor’s work, which mainly includes: stating a comprehensive and true situation to the legal advisor, providing corresponding documents and information in a timely manner, and reporting to the legal advisor in accordance with the legal advisor service contract. The consultant provides case handling fees, conveniences, etc.
In the process of handling legal affairs, the purpose of the client and the legal advisor is the same. On legal issues, the client should give more consideration to the opinions of the legal advisor; in terms of pros and cons and the trade-off of interests, the legal advisor should respect the wishes of the client. As long as both parties respect and trust each other, establishing a good working relationship should not be difficult.