Second: there are legal affairs and legal posts, but there is no independent legal department. Legal posts can be located in offices, comprehensive management departments, risk management departments and other departments.
Third, there is a legal department and an independent legal department, but there are relatively few people and the division of labor is relatively simple.
Fourth, there is a legal department and an independent legal department. There are many people and the division of labor is complicated. The legal BP introduced today is also mainly aimed at the fourth situation.
The fourth situation is very common in relatively large Internet companies. Such companies generally have the following characteristics: there are many business lines, and all business lines are not independent subsidiaries, but relatively independent business divisions and business divisions. The whole company has no head office and no subsidiaries. (Unlike large central enterprises, many large central enterprises have many business lines, but different business lines are independent subsidiaries. The division of labor among the headquarters, subsidiaries and Sun Company of the whole group is very clear. In order to cooperate with this company structure/operation mode, the fourth legal team construction mode has also appeared accordingly.
The fourth legal team building mode has the following characteristics:
1. More people. Dozens to hundreds of people, and legal departments with more than 100 people are also common.
2. The division of labor is clear and meticulous. Generally divided into the following three parts:
1) Business Legal/Legal BP: According to the business lines of the company, each business line has its own corresponding legal BP. For example, mobile legal affairs, terminal legal affairs, automobile legal affairs, music legal affairs, real-time communication legal affairs and so on. Cooperate closely with the business department of the company and set up the corresponding legal team; In the whole legal department, this part of the legal staff accounts for the largest proportion.
2) Expert legal affairs: according to different legal professions, it is divided into intellectual property legal affairs, data laws and regulations compliance legal affairs, anti-monopoly legal affairs, labor and personnel legal affairs, etc.
Others: including legal research, legal education, legal operation, etc.
Law BP is the first legal person here. Legal BP has the following characteristics:
1. according to the company's business line, not according to the legal profession. Legal BP must be consistent with specific business lines, and legal BP of different lines provides legal support for different business lines.
2. According to the division of the company's business lines, legal BP should have a certain understanding of the business and industry of the supported business lines. The more you know about the business and industry, the more effective legal support you can provide.
3. Not according to the legal profession, but according to the company's business line. Legal BP should be responsible for all professional legal work in the business line it supports, and of course it can also seek the support of expert legal affairs. To some extent, all legal BP is the legal director in charge of the specific business he supports. Legal BP is the person responsible for all legal issues of this particular business. Although there is expert legal support, it is legal BP who finally puts forward the final legal opinion and is responsible for it.
4. Need professional identity and recognition. Legal BP needs to deal with various professional legal issues. Legal BP will be labeled as unprofessional if it does not focus on a certain specialty.
5. Very challenging. Dealing with legal problems requires not only legal knowledge, but also non-legal problems. You also need to communicate and coordinate with business colleagues (product manager, product operation, R&D, sales, etc.). ) and expert lawyers.
Legal business process is the most direct, profound and closely related legal affairs.
BP is the abbreviation of business partner, which means business partner. In the legal team, the legal BP is a reconnaissance company and a frontline combat unit, and the business functions of the legal team are generally conveyed, realized or assisted by the legal BP. People's Republic of China (PRC) (PRC) legal affairs (expert legal affairs) generally do not bypass the legal BP to directly contact the business. Even if you contact the merchant directly, the merchant can find a legitimate BP. Because in business, legal BP is his most contacted, familiar and trusted lawyer.
Legal BP is a company employee with the same business and community of interests at the company level.
Legal BP is an internal lawyer, and the client is not an outsider, but an internal business team. Business is a customer of legal BP, and business and legal BP belong to the same company. The relationship between them is closer than that between ordinary lawyers and clients. They are a community of interests at the company level. Legal BP and the business should reach a consensus, even if our responsibilities, responsibilities and perspectives are different, but the purpose of protecting the overall interests of the company should be the same. No matter whether it is faced with compliance regulatory requirements or business partners, legal and compliant solutions cannot harm the overall interests of the company.
Conflict is inevitable. Treat contradictions objectively, calmly and rationally, without confrontation or cooperation, actively communicate, dialogue and conflict, and seek solutions.
Due to the differences in responsibilities, responsibilities, perspectives and thinking, the conflict between legal BP and business is common and inevitable. Conflict is not a bad thing, and harmony is not necessarily a good thing. Conflict is conducive to exposing danger, and only by exposing danger can we prevent it. We should treat conflicts objectively, calmly and rationally. It is precisely because both sides take it seriously and attach importance to it that conflicts will arise. If the legal BP is unreliable and vague, it doesn't matter, there is little difference. In this way, there will be no conflict, but risks will be hidden and left behind. Treat contradictions rationally, face them face to face, not confront them, communicate actively, and talk about contradictions in a cooperative manner, and jointly need to abide by the alternatives and solutions of the law. I have to admit that business thinking is more creative than legal BP. Although I think that legal BP has completed all kinds of ideas and in-depth communication, the business can often come up with new alternatives, which brings challenges to legal BP, but also brings "the responsibility of water recycling in the mountains, and it will become another village in the future."
Legal BP should be a problem solver, not an obstacle.
The existence value of legal BP is to help business solve compliance problems, rather than setting obstacles to compliance in the process of business development. As the enterprise said, "I know there are risks. You tell me how to avoid risks. I can't stop doing this business because there are risks. " This is a difficult problem. It is precisely because of difficulties that the value of legal affairs can be reflected. What is the value and significance of legal affairs if the business is stagnant and the business is not developing because of legal risks? Do you still need legal affairs? Legal BP should give business ability. The existence of legitimate BP is to make the business more stable, stronger and better developed, rather than becoming a burden to the business. This is difficult, but it is the mission and value of legal BP, which must be explored and realized. Otherwise, legitimate BP has no value and necessity. "The road is long and Xiu Yuan is awkward, and I will search up and down."
Law BP and business don't respect each other like guests, nor do they torture each other. You can care about each other, kill each other, and finally achieve each other.
1. Both professional knowledge and Boko specialty.
Legal BP conforms to a specific business line, and all legal problems in this business line are solved by legal BP, which is responsible for the final legal solution. Different from expert legal affairs (major legal affairs), legal BP does not focus on a specific legal profession and does not conduct in-depth expert legal research on a specific legal profession, which is understandable. However, legal BP should master the basic knowledge of the legal direction often involved in this business line and be able to solve the common basic legal problems in the relevant legal direction. When you encounter advanced and complicated special legal problems, ask legal affairs experts for help. In addition, legal BP should be familiar with the regulatory policies and regulations of the industry where the business line is located. This is the advantage of legal BP. The ideal for legal BP is to study and study 1-2 legal specialty while mastering the regulatory policies and regulations of this business. The level should basically reach the level of expert legal affairs in this direction.
2. Industry knowledge, the more the better.
The biggest feature of legal BP is to match specific business lines and provide legal compliance support for business lines. Legal BP can only provide effective legal compliance support on the basis of familiarity and understanding of business.
From a macro perspective, it is necessary to have a basic understanding of the industry in which businesses are located. For example, the new energy automobile industry, the overall domestic market size of the new energy automobile industry, the situation of leading enterprises, industry supervision policies and regulations, and common legal issues in the industry. These can be obtained by paying attention to industry information, reading industry research reports/white papers published by research institutions, industry associations and consulting companies, and reading research reports written by corporate strategy departments.
From the middle, we should have a basic understanding of this business of our company. Such as core business lines, emerging business lines, business strategic planning, annual plans, etc.
Have a basic understanding of specific business logic, profit model, product logic and product function from the micro level. Only on the premise of knowing the facts can we put forward correct and appropriate legal opinions.
Ideally, legal BP should have deep insight into the business lines supported by the institute, such as investment managers and industry researchers. Legal BP is a combination of industry experts and legal experts.
3. Support mode, combining manual and active.
Legal BP's daily support for business mainly includes contract review, compliance assessment and consultation. These are often passive support provided by legal BP. Legal BP is different from external lawyers, so it can't stay in the passive support stage. On the basis of in-depth understanding of the business, it should actively provide support in line with legal norms. (Generally speaking, external lawyers can passively provide legal support, and the company's perennial legal counsel can actively provide legal support. If passive offer is "defense" and active offer is "attack", then legal BP should be a combination of attack and defense. (Both attack and defense are aimed at legal risks). Legal BP actively provides legal compliance support in the following ways: 1) Based on the actual work, it actively writes the latest policies and regulations and puts forward compliance points. 2) Based on the actual work, actively summarize the typical cases of this industry and put forward legal risks. 3) Early warning of business plans and schemes, and proposing alternative schemes to avoid becoming popular. Ideally, legal BP should be a trustworthy partner, expert consultant, think tank and staff.
Although I can't reach it, my heart has a direction.
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