Legal capacity of large companies: 1.
Persuasive ability is to simplify complex problems first, that is, to explain legal problems in a language that everyone can understand. You can't tell your boss what the law is.
Then you need to tell him why it is ok to do this and not that. Sometimes the two schemes look similar, so you have to let him know the difference.
Many legal issues will be involved in enterprise merger and acquisition. Lawyers said that whether you are the acquirer or the acquirer, the ability to negotiate and persuade is very important, which is directly related to how much benefit you can win for the company and employees. 2。
Business acumen In recent years, the company's legal affairs are no longer just a passive function, and the company's legal department is also responsible for establishing new business. Now basically, as soon as the business department has a business idea, the legal department begins to intervene. You must give advice in the best interests of the company from a business point of view, not just to ensure that it is legal.
3。 Compared with understanding the law, creative thinking is more important to think about how to apply the law within the framework of legal provisions, which also requires some strategies and creativity.
Of course, it's not that you can be free and unconstrained, but more about skills. The lawyer said that even if you are familiar with the legal provisions, it does not mean that you can solve the problem.
Therefore, an excellent lawyer should give the boss a clear opinion, not "what are the advantages and disadvantages if you choose Scheme A; What happens if you choose Plan B? " What more people want to know is which one to choose. Lawyers must have their own judgment in it and tell them, "From your standpoint, I think you should choose A or B."
Whether the boss finally accepts your suggestion is their business. 4。
Careful and meticulous, some small details may not be noticed by others, or they are not taken seriously when they are seen, but they need to be able to see the clues here. Lawyers said that many risks lurk in a subtle place, but the impact of the outbreak is often huge.
Legal affairs must be rigorous and meticulous, able to find problems in time and avoid risks.
2. What is corporate legal management?
Responsibilities of the legal consultant position assist the company leaders to correctly implement national laws and regulations, and provide legal advice for the business decision-making activities of Yada Company.
Participate in the drafting and review of the company's important rules and regulations, and be responsible for the legality of the company's rules and regulations and their terms. Review all kinds of technical, economic and service contracts of the company, participate in the drafting and negotiation of major contracts, assist the financial department in contract management and supervise the contract performance.
Participate in the company's merger, acquisition, division, bankruptcy, anti-merger, investment, leasing, asset transfer, bidding and other important economic activities, put forward legal opinions and handle relevant legal affairs. Preside over or assist in handling the company's industrial and commercial registration, alteration, trademark registration, patent application, technological invention and creation, technical trade and other related legal affairs, and put forward legal suggestions for the company's intellectual property protection.
Carry out legal consultation related to the company's production and operation, and prepare various laws, regulations and rules required for the company's business. Cooperate with relevant departments of the company to conduct legal publicity and education for employees, popularize legal knowledge in the company, and enhance employees' legal concept.
Responsible for the selection, liaison and related work of external lawyers (firms) of the company. Attend or attend some meetings held by the company as nonvoting delegates, and provide legal opinions on the discussion contents; Responsible for reviewing the standardization and legality of internal instructions, decisions, resolutions and plans; Provide legal aid for labor disputes and civil mediation within the company.
Entrusted by the company's legal representative, the company participates in litigation and non-litigation activities on behalf of the company, helps the company solve economic disputes through legal means, and safeguards the legitimate rights and interests of the company. Participate in and cooperate with the company's relevant law enforcement inspections on finance, taxation, environmental protection, labor and employment, production safety and contract management, and provide legal advice to the company; Participate in major accidents and crisis handling activities, and assist relevant departments to deal with the aftermath.
Sign audited economic contracts, draft legal documents and issue legal opinions, and be responsible for the legality of the above business and other legal affairs handled. Complete other legal work temporarily assigned by the leader.
3. What is the company's legal knowledge?
Some understanding of the macro level of corporate legal work 1. The guiding ideology of legal work The fundamental purpose of the company is production and operation. All management work, including legal work, should take all services to the company's business and production and operation as the fundamental purpose, and expand the scope of services and improve the service level as the fundamental task.
Legal services are mainly embodied in providing legal support for the company's decision-making and business activities and removing legal obstacles. Legal personnel should not only know which behaviors are legal and which behaviors are illegal, but also know how to make illegal and illegal behaviors as legal as possible or at least not illegal; When it cannot be legalized, explain the possible consequences to the leaders for decision-making.
The guiding ideology of legal work should be based on "sparse" and avoid "blocking" as much as possible. 2. Ways and means of legal work The ways and means of legal work should fully reflect the guiding ideology of serving the company's business and other departments.
First of all, we should pay attention to effective communication with business personnel, listen carefully to their thoughts and intentions, and find ways to improve legally. Secondly, we should be patient enough to explain the legal judgment of the business clearly, so that the business personnel can really feel that they are really considering them and get their heartfelt approval.
Only when the business personnel think that the involvement of legal personnel really makes them feel a real sense of security can the legal department and personnel truly integrate into the company's service management team. Thirdly, legal personnel should fully realize the importance of enterprise efficiency and improve work efficiency as much as possible on the premise of ensuring standardization.
3. Legal work style Legal work permeates all aspects of the company's business, but sometimes it is not easy to be noticed or understood for a while, and the effect is not easy to be reflected for a while. This requires legal personnel to be open-minded, careful, patient and persistent in their work style: consult business personnel with an open mind, be familiar with business background and process, and not make hasty legal judgments by covering everything; Think carefully about the risks that may be faced in the business and seek the most suitable way to avoid them. You can't refuse because there are legal risks in the business, and legal personnel may take responsibility in the future. Explain the legal conclusion patiently, convince the business personnel to fully consider the legal judgment, and not be arbitrary or hasty; Perseverance, down-to-earth, Excellence, do every little thing well.
4. The cultivation and construction of legal talents, the effect of a job, people play a decisive role, and legal work is no exception. How to cultivate and build legal talents and improve their professional level and working ability has become a key factor in the success or failure of legal work. A qualified enterprise legal person should have a solid legal professional foundation, but can't speak layman's words and be a layman; Moreover, we should always keep in mind the integration of theory with practice, pay attention to learning economic management and enterprise management knowledge, deeply understand and be familiar with the business processes and links of enterprises, pay attention to the integration of legal knowledge and company business knowledge, and effectively improve practical work ability.
5. Scope and mechanism of legal work Under the background that the management mode of the company group has been determined, legal work should also focus on the whole group including the holding subsidiary of 19. From the scope, legal work should include headquarters (including industrial parks) and subsidiaries.
The former mainly provides legal support and services for R&D, production, investment, financing and financial planning of the headquarters, while the latter mainly focuses on standardizing the management of subsidiaries and preventing operational risks. In terms of mechanism, the legal department of the headquarters should give real guidance and supervision to the legal work of each subsidiary.
For events and businesses that have a significant impact on the company's operation (including signing contracts with a target amount of more than a certain amount, major controversial events, litigation events, asset restructuring, etc.). ), the legal personnel of each subsidiary must report to the legal department of the headquarters for joint handling; For general legal affairs, the legal staff of subsidiaries can communicate and discuss with the legal department of headquarters, which is responsible for guiding and supervising the legal work of subsidiaries. .