Legal advisers are legal advisers, assistants and friends of companies, enterprises, state organs, social organizations and individual citizens. Practice has proved that handling legal affairs by legal advisers with certain legal knowledge and work experience can not only prevent legal disputes, but also better solve legal disputes, avoid or reduce economic losses to the maximum extent, and effectively protect the legitimate rights and interests of citizens and legal persons.
First, the role of legal counsel.
(a) to answer the legal questions that the parties need to consult;
(two), to provide legal advice and legal basis for the behavior of the parties;
(three) to help the parties to establish behavior risk assessment, behavior risk prevention and behavior risk disposal mechanism;
(four), the parties think that the relevant personnel need corresponding legal training;
(five), to participate in the relevant activities that the parties think need legal counsel to participate in;
(six), as the principal agent of the parties to participate in litigation and non litigation activities;
(seven), to provide the parties with other legal assistance that the parties consider necessary.
Second, under what circumstances do you need to hire legal counsel?
Generally speaking, legal counsel should be hired in the following two cases:
First, it is necessary to make a decision or dispose of one's personal rights, property rights and other civil rights according to law. Such as: acquisition, transfer, trading and licensing of rights, conclusion and performance of contracts, business negotiations, formulation of rules and regulations, issuance of notices, etc. , especially when the decision or decision is expressed in writing, it should be treated with caution. In this case, the purpose of hiring legal counsel is to prevent legal disputes. On the one hand, it can avoid and reduce disputes as much as possible, on the other hand, it can ensure that it is in the most favorable legal position when disputes occur. In specific legal affairs, such as company listing and stock issuance, laws and regulations require legal advisers and law firms to intervene, which is precisely because of this "nip in the bud" consideration.
Second, when problems or disputes arise. The occurrence of disputes is the result of intensified contradictions. Resolving disputes requires corresponding legal expertise and rich experience in dispute handling. Only by fully understanding the advantages and disadvantages and weighing the gains and losses can we determine the appropriate solutions and solutions. In this case, you can hire a legal adviser to investigate and collect evidence, weigh the pros and cons, formulate a practical plan, actively respond, maximize the benefits and reduce losses, and better safeguard your legitimate rights and interests.
It is very important to prevent and resolve disputes. In particular, the prevention of disputes is often neglected. In fact, preventing disputes can often achieve twice the result with half the effort.
Second, the scope of work of enterprise legal counsel
When an enterprise hires a lawyer as a legal adviser, it establishes a long-term, stable and close service relationship between the enterprise and the lawyer. The main benefits are as follows: (1) It is beneficial for enterprises to get legal services at any time; (2) It will help lawyers to have a more comprehensive understanding of the enterprise and make the legal services they provide more targeted and accurate; (3) After long-term cooperation, both parties can better adapt to each other's working methods and characteristics, so as to better cooperate with each other in their work; (4) Long-term, stable and close service relationship can inspire lawyers to have a stronger sense of responsibility and provide better legal services for enterprises. Scope of enterprise legal counsel:
(1) Give opinions and suggestions on legal problems encountered by enterprises;
(2) Consultation and suggestions on personal legal issues of enterprise employees;
(three) to assist enterprises to formulate negotiation strategies and plans, participate in enterprise contract negotiations and provide legal advice, and participate in the drafting and revision of enterprise contracts.
(four) to participate in the drafting and revision of the internal labor and personnel management of enterprises, to provide legal training for employees of enterprises, to improve their legal awareness, and to ensure the implementation of enterprise rules and regulations;
(five) to provide targeted legal guidance for enterprise management;
(6) Drafting and examining the industrial and commercial registration materials, articles of association and other legal documents of newly registered enterprises; Participate in various investment activities of the company in advance, provide guidance on legal affairs such as business administration, tax laws and regulations, and provide relevant legal services.
(seven) review the legal documents of trademark rights, patents, copyrights, trade secrets and exclusive management rights of enterprises, provide legal advice, and assist enterprises to formulate confidentiality systems and confidentiality agreements.
(eight) may be invited to attend the board of directors of the enterprise, and analyze and demonstrate the legal issues involved in the topics of the board meeting; Put forward legal opinions on major business decisions of enterprises, and conduct legal analysis and demonstration on major projects;
(nine) to participate in the bidding activities of enterprises, participate in project negotiations, issue legal opinions on bidding activities, and make project tenders.
(ten) to participate in the merger and division of enterprises, to demonstrate the legitimacy and possibility of their legal operation, to draft and modify specific legal documents, to participate in the negotiation and supervision of the implementation of the whole activity;
(eleven) to participate in the selection, negotiation and design of investment projects, and to help find investment opportunities and investment partners;
(twelve) according to the needs of the enterprise, in the name of legal adviser issued a letter of attorney, to express the meaning of the enterprise in the form of law.
(thirteen) to introduce and publicize the new laws and regulations related to enterprises promulgated by the state and local governments from time to time.
(14) Providing non-litigation legal services for enterprises.
(fifteen) to provide litigation legal services for enterprises.
Three. Scope of work of citizen's personal legal adviser
(1) Providing a 24-hour legal hotline service;
(2) Answering relevant legal advice involved in daily life;
(three) to help draft, modify and review various contract texts and legal documents required for various civil activities;
(four) to help plan, analyze and judge the personal legal affairs involved, and put forward suggestions and legal opinions;
(5) Negotiating on behalf of transactions and disputes, and assisting in drafting negotiation outlines;
(six) to assist in the collection of creditor's rights and issue a lawyer's letter;
(seven) to handle all kinds of lawyer witness business and legal notarization procedures;
(eight) to provide relevant information required by law;
(9) Assisting in handling various civil, administrative and criminal disputes involving individuals, acting as an agent for prosecution, responding to lawsuits or negotiating with relevant departments, making statements, issuing legal opinions and lawyers' letters, etc. ;
(10) Acting as an agent to participate in mediation, arbitration or litigation of disputes;
(eleven) to handle other legal affairs.
Third, the basic work norms of legal counsel
(1) Comply with national laws, regulations and industry norms.
(two) to perform legal service obligations in strict accordance with the legal consultant contract concluded with the consulting unit.
(three) it is forbidden to charge any fees from the consulting unit other than those stipulated in the consulting contract.
(four) strictly keep business secrets, personal privacy and other matters that need to be kept secret.
(five) absolutely not allowed to have any other contact with the consulting unit other than that stipulated in the consulting contract.
(six) to provide legal services to consulting units, the cost of services should be reasonably controlled, and unnecessary expenses of consulting units should not be increased because of legal services.
Four, how to determine the legal advisory fee?
Regarding the payment standard of legal consultant fees, except for a few provinces and cities that have guidance opinions, most of them adopt the method of consultation fees. Generally speaking, the fees charged by different law firms are different, and the fees charged by legal advisers vary from law firms to specific legal advisers, and some of them are still far from each other.
To determine the legal counsel fee, we should first consider the average level of local legal counsel fee, and then consider the actual situation of the legal counsel himself and his firm. Generally speaking, the education background, qualifications, working time as a legal adviser, past work performance, firm performance and possible guarantee conditions of legal advisers are all important factors that affect the fees charged by legal advisers.
Five, how to correctly handle the working relationship with the hired legal adviser?
Generally speaking, the working relationship between the client and the legal adviser is equal and cooperative.
In the process of handling legal affairs, the legal adviser shall contact the client in a timely and active manner, and report the progress of handling legal affairs and various problems that have occurred and may occur to the client in a timely manner. For those unconventional problems, consult the parties; Major issues affecting the principal's vital interests shall be decided by the principal after explaining the advantages and disadvantages to the principal.
The client shall also give necessary cooperation to the legal adviser's work, which mainly includes: presenting a comprehensive and true situation to the legal adviser, providing corresponding documents and materials in time, and providing the legal adviser with handling fees and convenient conditions according to the legal adviser service contract.
In the process of handling legal affairs, the purpose of the client and the legal adviser is the same. On legal issues, the client should give more consideration to the opinions of legal advisers; From the pros and cons of gains and losses and trade-offs, legal counsel should respect the wishes of the parties. As long as both sides respect and trust each other, it should not be difficult to establish a good working relationship.