1. Consulting and clerical services 1. Legal consulting and writing litigation documents. This is a non-litigation business that every lawyer will involve, but it is ignored by many lawyers. Answering legal advice well requires both a lawyer's profound legal knowledge and rich practical experience, otherwise, it will only mislead the parties. Remember: we should attach importance to legal consultation as our own lawyer affairs, which will affect our reputation and future. Attorney's proxy includes: litigation documents, including indictment, defense, appeal, petition, etc.; Relevant legal documents, including power of attorney, will, etc.; Non-legal documents. 2. Issue legal opinions and lawyers' letters. A legal opinion refers to a written legal opinion given by a lawyer on the client's behalf, based on the factual materials provided by the client, and correctly applying the law to analyze and expound the relevant facts and behaviors. A lawyer's letter refers to a letter entrusted by the client to send a statement on related matters to the client designated by the client in the name of a law firm or lawyer.
2. Special legal services 1. The company's special legal services include matters related to the establishment and dissolution of enterprises, general legal affairs in the daily operation and management of the company, special legal affairs such as investment and project development, financial financing, company securities business, acquisition and merger, enterprise leasing, contracting, custody, intellectual property rights, labor and personnel, etc. 2. Special legal services for construction and real estate include planning, participation in negotiation, preparation of application documents, and submission for approval on behalf of the company; Law-related affairs in land requisition, state-owned land transfer and transfer in the stage of land use right acquisition; Documents handling, dispute settlement, document submission and other affairs in the demolition stage; Preparation, drafting, review of bidding documents and supervision of the performance of engineering and equipment contracts in the engineering construction stage; Sales, leasing, mortgage financing and other links in the real estate operation stage; Related affairs in the stage of property management. 3. Special legal services for finance, securities and insurance include legal advisory services for financial institutions, legal services for deposits and loans, legal services for bills, trusts and foreign exchange, legal services for futures and bonds, legal services for leasing, legal services for international settlement and international financing, legal services for insurance, and legal services related to credit cards, electronic banking, online payment and the establishment of foreign-funded financial and insurance institutions. 4. Special legal affairs of intellectual property rights include intellectual property declaration agency, property management assistance, property transfer agency, special intellectual property agency, ownership agency, infringement agency, technical comparison consultation and dispute agency, and provide all-round intellectual property legal services with copyright law, patent law, trademark law, technology contract law, information network law, trade secret law, unfair competition law and anti-dumping law as the main contents. Legal Consultancy Business The legal advisers of individuals, legal persons and other organizations are not only legal advisers, but also mainly responsible for non-litigation affairs. The reason why citizens, legal persons and other organizations hire legal advisers is to avoid litigation affairs and make their actions more in line with the legal provisions. Exceptionally, lawyers, as legal advisers of enterprises, should not only provide legal advice on the production and operation of enterprises, but also assist enterprises to carry out perfect legal management, formulate articles of association, contract management regulations, employee manuals, etc., which require lawyers to have both economic and management knowledge. 5, business account management, non-litigation collection affairs.
3. Other non-litigation legal business 1. Business credit investigation includes the investigation of natural person's household registration certificate, marital status, real estate registration, ship registration, mortgage registration, industrial and commercial registration, industrial and commercial annual inspection, branches, investors, creditor's rights, debts, investments and assets. 2. The lawyer witnessed the acceptance of the entrustment of the parties or the consent of the parties, and in the name of the law firm and the handling lawyer, reviewed and proved the authenticity and legality of the application matters of the parties. This service follows three principles: direct principle, fair principle, and the principle that compulsory notarization cannot be witnessed. 3. The lawyer handles notarization. It refers to a kind of non-litigation legal affairs that lawyers accept the entrustment of the parties to handle notarization matters on their behalf. The usual practice is: to conduct a comprehensive review of the authenticity of the legal facts submitted by the clients and make a conclusion on whether they are in line with national laws, regulations and policies; Legal comments should be written on the legal documents signed by both parties. In case of disputes over the witnessed legal documents, lawyers are obliged to prove the contents of the witness and bear certain legal responsibilities. 4, lawyers accompany the purchase (1) to verify the development and sales qualifications of commercial housing. Including the main qualifications of developers, sales agents and construction contractors, government approval of project establishment, land, planning, construction and sales, the developer's credit certificate, bank guarantee and other financial conditions, to provide legal advice for buyers' decision-making. (2) Review and sign the purchase contract. Assist the buyer to improve the contract terms as much as possible, put forward reasonable plans according to the law in view of the important terms such as area difference, delivery time, delivery quality, warranty period, property right transfer, liability for breach of contract, and negotiate with the developer to maximize the protection of the legitimate interests of the buyer. (3) Supervise the performance of the house purchase contract. After the signing of the pre-sale contract, we will provide regular and cautious follow-up services, paying attention to the development progress, the use of pre-sale funds, the ownership of pre-sale houses, and the verification of project quality grades. Inform the purchaser of the facts that may affect the performance of the contract at the first time and respond in time. (4) Review the housing delivery. Check whether the delivery time, area, quality and specifications of the commercial house are in conformity with the agreement according to the contract; Review whether the arrival time and quality of ancillary contents such as water and electricity, communication network, public facilities and environmental facilities are in conformity with the agreement; Determine the start and end dates of the warranty period and sign the warranty contract; Supervise developers to handle property rights registration matters. (5) dispute resolution. On behalf of the buyers and developers, we will discuss and negotiate the disputes over signing and performance in the whole process. For the fundamental breach of the contract and major changes, at the appropriate time, the agent buyer shall file arbitration or litigation according to law. 5. Negotiation, negotiation, drafting, review and modification of agency contracts and agreements. With the participation of lawyers, contracts and agreements will be more standardized, which will help to safeguard the legitimate rights and interests of the clients to the maximum extent and lay a preventive shot for future disputes. The lawyer's affairs in the contract are divided into three stages: the contract preparation stage. At this stage, the lawyer can get as much information as possible from the client, including the client and the counterparty, and draw up a negotiation plan. At the same time, it should also explain the existing relevant laws and regulations to the client; Contracting stage. At this stage, both parties to the contract will negotiate related matters, and lawyers will participate in the negotiations, and they can also explain to each other the legal basis of their own requirements; Performance stage. After the contract comes into effect, it doesn't necessarily mean that it can be fulfilled. When the actual situation requires the contract to be suspended, changed or dissolved, the lawyer can negotiate with the other party on behalf of the client.
second, the standard fees for lawyers' legal fees are calculated by sections, the percentage is reduced by sections, and the base is added. For example, for the subject matter of 5 million yuan, the lawyer's agency fee is calculated as follows: 5% for the subject matter of 5, = 25,, 4% for 5, to 1,, = 2,, 3% for 1, to 2,, = 3,, 2, to 5,, = 6,, then the lawyer's agency fee for the subject matter of 5 million yuan = 25,236, This is probably the case, and it should be calculated in detail according to the Interim Measures for Lawyers' Fees issued by the provincial judicial departments.
third, the concept of lawyer qualification certificate. A lawyer qualification certificate is a qualification certificate for applying for lawyer practice and engaging in lawyer occupation. Obtained through a unified national examination or assessment. From 1986 to 22. After 22, the certificate was replaced by the legal professional qualification certificate (national judicial examination). Holding a legal professional qualification certificate or a lawyer qualification certificate is regarded as obtaining a lawyer's professional qualification, lawyer's qualification, lawyer's qualification, etc. However, the state implements the dual-certificate management of professional qualification and practice qualification for lawyers. If you want to engage in legal work as a lawyer, you still need to obtain a lawyer's practice certificate or a lawyer's work certificate. If you want to be a lawyer now, you usually have to pass the relevant exams. If the parties want to be lawyers, they have to review and prepare early, and the French exam is still relatively difficult. The above content is what I have compiled for you about the lawyer's non-litigation business, hoping to help you in your work and study.