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Prevent legal risks in advance and prevent them before they occur. Handle legal matters during and after the event.
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Lawyer answers: There are the following benefits for companies to hire legal counsel:
1. Avoid risks--- operate steadily and prevent disputes;
2. Obtain the maximum benefits, hedge risks and increase efficiency, and hire legal counsel to seek the greatest benefits for the enterprise at a smaller cost.
3. Enhance the corporate image.
4. Standardization of enterprise development.
Legal basis: Article 29 of the Lawyers Law of the People's Republic of China.
Where lawyers serve as legal advisers, they shall provide opinions on relevant legal issues for clients as agreed, draft and review legal documents, participate in litigation, mediation, or arbitration activities, handle other entrusted legal affairs, and preserve the client's lawful rights and interests.
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The lawyer serves as the legal counsel of the enterprise, and conducts pre-consultation, in-process monitoring, and post-remediation for the operation and management of the enterprise, so as to maximize the interests of the enterprise. However, in real life, many enterprises have not formed the awareness of hiring a lawyer as a perennial legal counsel, and only think of finding a lawyer when the enterprise encounters a lawsuit, so that the role of the lawyer is limited to helping the enterprise fight the lawsuit and acting as a "firefighter" to solve the temporary needs. And the role of a lawyer is far more than helping companies fight lawsuits!
Litigation is not the best way to resolve disputes, the best way is to prevent problems before they occur, and reduce or even avoid the occurrence of disputes. This is where in-house counsel comes in.
Just as only businessmen, not lawyers, can find business opportunities and profits through the dust, in the same way, only lawyers, not businessmen, can find legal loopholes and legal traps in the day-to-day operation and management of enterprises. Instead of hiring a lawyer to act as a "surgeon" when the company is broken, it is better to hire a lawyer to become the "health doctor" of the enterprise as soon as possible.
For a business, the risks from the law are sometimes far greater than the risks from the market, as seemingly minor oversights can be compensated for at a heavy cost. No matter how big your business is or how well funded it is, success or failure can be just a matter of thought. To some extent, ignorance of the law is tantamount to being unable to live with one's wealth.
With the further improvement of the rule of law in China, the concept of hiring a legal counsel is increasingly recognized by enterprises in order to minimize the legal risks in their operations.
The significance of engaging legal counsel is as follows:
1. Improve the internal operation mechanism of the enterprise.
2. Participate in negotiations, review contracts, and prompt risks in daily operations.
3. Analyze legal risks and legal operations in the company's association, merger, division or investment.
4. Serve as the first person of the enterprise, participate in the mediation, arbitration or litigation activities of legal disputes such as contract disputes, and safeguard the legitimate rights and interests of the enterprise.
In today's market environment, it is as impossible for a company to avoid being involved in litigation as it is to avoid fireworks. Moreover, the best legal counsel cannot ensure that the enterprise does not have litigation, but can only say that if the company and the lawyer cooperate properly, they can try to maximize the legal benefits for the company from the legal point of view.
To sum up, the role of corporate legal counsel in participating in the decision-making, operation, management, prevention and handling of various legal disputes will become more and more important, and enterprises must pay attention to the role of legal counsel if they want to develop better. Many large-scale companies will set up a special legal department to discuss the field, and also include legal counsel in the decision-making level of the enterprise. Of course, for many small and medium-sized enterprises, there is no need for a special legal department for the time being, but for the content of legal counsel services, it is still necessary to pay attention to whether it is shouted or not.
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Legal Analysis: Legal counsel can make a big difference in how companies deal with legal risks. In corporate activities, in view of legal risks, legal counsel can act in three aspects: pre-prevention, in-process control, and post-remediation, which is operational.
Legal basis: Measures for the Administration of Corporate Legal Counsel
Article 3: Enterprise legal counsel is the legal adviser and assistant of the enterprise leader. Its mission is to engage in corporate legal affairs, promote the operation and management of enterprises in accordance with the law, and safeguard their own rights and interests in accordance with the law.
Article 4: The State implements a system of professional qualifications for enterprise legal counsel. The professional qualification system for corporate legal counsel belongs to the professional certificate system. The qualification of corporate legal counsel has been obtained through the national unified examination.
Obtaining the qualification of corporate legal counsel means obtaining the qualification to be employed as an economist for professional and technical positions. The enterprise legal counsel qualification system shall be implemented in accordance with the Interim Provisions on the Corporate Legal Counsel Qualification System and the Implementation Measures for the Corporate Legal Counsel Qualification Examination issued by the Ministry of Personnel, the State Economic and Trade Commission and the Ministry of Justice. Enterprise legal counsel shall be registered in accordance with regulations, and the registration measures shall be formulated separately by the State Economic and Trade Commission.
Formulate the standardization of product contracts, whether the requirements of products comply with local laws, and the legal disposal of bad debt disputes.
Jobs within the economy refer to working in jobs that are related to the economy.
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