The difference between legal adviser and lawyer An enterprise legal adviser refers to an internal professional who has obtained professional qualifications according to law and is employed by an enterprise and specializes in legal affairs of the enterprise. The concept of enterprise legal adviser is concrete, which is different from the concept of lawyer as enterprise legal adviser. Characterized in that:
(1) An enterprise legal adviser is a person engaged in enterprise legal affairs.
(2) Enterprise legal counsel is an internal professional.
(2) Qualification of enterprise legal adviser
(1) Formal requirements: to obtain the qualification of enterprise legal adviser, to be hired by the enterprise, and to be registered and put on record.
(2) Substantive requirements: It should be an internal professional specializing in corporate legal affairs.
(3) Management system of enterprise legal adviser
Management of national competent department
Association management
Enterprise internal management
(four) the tasks and working principles of enterprise legal counsel
1, the task of corporate counsel
(1) Engaged in corporate legal affairs.
One is to provide legal advice on major business decisions and important economic activities.
The second is to review and draft relevant normative documents or legal documents, such as contracts, articles of association, rules and regulations, etc.
Third, contract management.
Fourth, the protection of intellectual property rights such as trademarks and patents.
Fifth, the handling of legal disputes.
Sixth, legal publicity and consultation.
(2) Promote enterprise management according to law.
(3) safeguard the legitimate rights and interests of enterprises.
2, the working principle of enterprise legal adviser
The first is the principle of practicing according to law.
Second, the principle of serving enterprises.
Third, the principle of giving priority to management.
To realize management orientation, we must adhere to the principles of legal prevention in advance, legal control in the process and legal relief afterwards.
(five) the rights and obligations of enterprise legal counsel
1, the rights of corporate counsel:
(1) Issue legal opinions on major business decisions of enterprises.
(2) Put forward rectification opinions and suggestions on illegal behaviors of enterprises.
(three) to consult the relevant documents, materials, financial statements and statistical statements of the enterprise according to the needs of the work.
(four) when handling legal affairs of enterprises, investigate and collect evidence from relevant units or individuals according to law.
(5) Other rights granted by laws and regulations and business leaders.
2, the enterprise legal adviser's obligations:
(1) Abide by national laws and regulations and abide by professional ethics.
(two) be loyal to their duties, safeguard the legitimate rights and interests of enterprises, and provide quality legal services for enterprises.
(3) Being responsible for the legality of legal opinions, legal documents and other legal affairs handled.
(4) Keep state secrets and enterprise secrets.
(six) the professional and technical grade system of enterprise legal counsel
Title of enterprise legal adviser
Establishment of professional and technical grade system of enterprise legal adviser
(seven) supervision and inspection and rewards and punishments
Supervision and inspection
Reward and punishment
(eight) the relationship between corporate legal counsel and lawyers.
Contact between enterprise legal adviser and lawyer
First, both of them are part of our legal professional system.
Second, engage in corporate legal affairs.
Third, implement the practice access system.
The difference between enterprise legal adviser and lawyer
First, the management system is different.
Second, different identities.
Third, the working objects are different.
Fourth, the practical conditions are different.
Fifth, the basis for undertaking legal affairs is different.
Model Contract for Perennial Legal Counsel For the purpose of business development and self-protection, Party A employs Party B's lawyer as a perennial legal adviser in accordance with the relevant provisions of the Contract Law of People's Republic of China (PRC) and the Lawyers Law of People's Republic of China (PRC).
Based on the principle of good faith, Party A and Party B jointly abide by this contract through consultation.
I. Scope of Service of Party B
The service content of Party B's lawyer is to assist Party A in handling daily legal affairs, including:
1, answer legal advice, provide opinions according to law or issue lawyer's opinions;
2. Assist in drafting, formulating, reviewing or modifying legal documents such as contracts and articles of association;
3. At the request of Party A, participate in negotiation and conduct legal analysis and demonstration;
4. Entrusted by Party A, sign, serve or accept legal documents;
5. At the request of Party A, conduct legal argumentation on the disputes that Party A has faced or may occur, and propose solutions; Issue a lawyer's letter and express lawyer's opinions; Or participate in non-litigation negotiation, coordination and mediation;
6. At the request of Party A, teach legal practical knowledge;
7. Handle other legal affairs agreed by both parties.
Two. Obligations of Party B
1. Party B appoints a lawyer as the perennial legal adviser of Party A, and Party A agrees that the above-mentioned lawyer appoints other lawyers to assist in completing the above-mentioned legal affairs, but Party B's replacement of a lawyer as the perennial legal adviser of Party A requires Party A's consent;
2. Party B's lawyer shall diligently complete the legal affairs listed in Article 1;
3. Party B's lawyer shall try his best to safeguard the interests of Party A according to law;
4. After obtaining the documents and materials provided by Party A, Party B's lawyer shall complete the entrusted matters in time and inform the work progress at the request of Party A;
5. Party B's lawyer shall not provide any opinions that are unfavorable to Party A's employees during his tenure as a perennial legal adviser;
6. In a case or transaction involving opposition to Party A, without the consent of Party A, Party B's lawyer shall not act as the legal adviser or agent of the other party with legal interest conflict with Party A;
7. Party B's lawyer shall be responsible for keeping confidential the business secrets of Party A, and shall not disclose them to any third party except as provided by law or with the consent of Party A;
8. Party B shall file Party A's business separately, keep complete work records, and properly keep the original evidence, legal documents and property related to Party A. ..
Three. Obligations of Party A
1. Party A shall provide Party B with all kinds of information, documents and materials related to legal affairs comprehensively, objectively and timely;
2. Party A shall put forward clear and reasonable requirements for Party B's lawyer to handle legal affairs;
3. Party A shall pay the legal consultant fee and working fee to Party B in full and on time;
4. Party A shall designate a contact person as a perennial legal adviser, who shall be responsible for conveying Party A's instructions and requirements and providing documents and materials. When Party A changes the contact person, it shall notify the perennial legal adviser.
Four. advisory and legal expenses
The legal consultant fee of Party B is RMB (in words) per year. Party A shall pay Party B within days after the Contract comes into effect.
For litigation cases beyond the service scope listed in Article 1, Party A shall sign a special entrustment contract with Party B and pay the agency fee separately according to the regulations. Party B can enjoy a discount of 65,438+05% on the basis of the standard fee.
Verb (abbreviation of verb) working cost
The following work expenses incurred by Party B's lawyer in handling matters entrusted by Party A shall be borne by Party A;
1, fees charged by relevant administrative, judicial, contracting and notarization departments;
2. Travel expenses, accommodation fees, translation fees, photocopying fees and long-distance communication fees incurred outside Lanzhou;
3. Other expenses incurred after obtaining the consent of Party A. ..
Party B's lawyer shall reasonably use the working expenses in line with the principle of frugality.
Termination of intransitive verb contract
This contract can be modified or terminated through negotiation between Party A and Party B..
In any of the following circumstances, Party A has the right to terminate this contract:
1. Change the lawyer of Party A's perennial legal adviser without Party A's consent;
2. Party A suffers losses due to the delay, dereliction of duty or mistake of Party B's lawyer;
3. Violation of Article 2, paragraph 5? One of the eight specific obligations.
In any of the following circumstances, Party B has the right to terminate this contract:
1. The matters entrusted by Party A violate the law or the lawyer's practice standards;
2. Party A fabricates facts, falsifies evidence or conceals important information, which hinders Party B's lawyer from providing effective legal services;
3. Party A fails to pay the legal consultant fee or work fee to Party B within the time limit.
Seven. responsibility for breach of contract
If Party B fails to provide the legal services stipulated in Article 1 or violates the obligations stipulated in Article 2, Party A has the right to ask Party B to refund part or all of the paid legal consultant fees.
If Party A fails to pay the legal consultant fee or work fee without justifiable reasons, or terminates the contract without any reason, Party B has the right to ask Party A to pay the unpaid legal consultant fee, work fee and deferred interest.
Eight. Settlement of disputes
This contract shall be governed by People's Republic of China (PRC) Contract Law, Lawyers Law, Civil Procedure Law and Arbitration Law.
Any dispute between Party A and Party B shall be settled through friendly negotiation. If negotiation fails, it can be settled through the people's court where Party B is located.
Nine. Entry into force of contract
The original of this contract is in duplicate, each party holds one copy, and it shall come into effect as of the date when the representatives of both parties sign and affix their official seals.
X. Contract terms
The term of this contract is years.
Within 30 days before the expiration of the contract, Party A and Party B shall decide whether to renew the perennial legal consultant contract through consultation.
Party A: (Seal)
On behalf of:
date month year
Party B: (Seal)
On behalf of:
date month year