How to improve legal management, and how should novices start with legal affairs? What is the essenc

The best model of corporate legal management should be to combine the role of the company's internal legal counsel with the role of external law firms to provide the most comprehensive and direct legal services for the enterprise. The company's daily legal consultation, process management, risk control, contract review, strategy formulation, etc., need to be supported by the company's in-house legal counsel who is familiar with the company's business. However, external law firms can provide professional legal services on special projects, and also have in-depth research on new legal issues and legal fields, so for some litigation, arbitration, due diligence, mergers and acquisitions and other projects, because each case takes more time and requires special experience and skills, it should be handed over to external lawyers, and when the company's legal counsel is short of manpower for a certain period of time, the outside law firm can also help the company to support the enterprise through outsourcing projects or sending lawyers.

On the road of upholding and implementing the socialist concept of rule of law, lawyers, in-house counsel and enterprises should abide by and respect the law. It can be said that in-house counsel is an integral part of business operations, and a "strong" legal department is the key to effectively preventing major risks from occurring, but at present, the in-house counsel of most Chinese enterprises have not shaken off their weak position, which is the main reason why in-house counsel cannot effectively play their role in preventing corporate legal risks. Practice has proved that scientific, professional, meticulous and pragmatic legal management will make important contributions to reducing operating costs, protecting operating results and obtaining operating profits, which is also the core value of corporate legal management.

The position of in-house counsel in the operation and management of the company will continue to be strengthened with the process of rule of law, and at the same time, it is also necessary for external lawyers to implement the concept of the rule of law for the decision-making and management of the enterprise, and it is also necessary for external lawyers and in-house counsel to accurately position their own values and provide services for the enterprise independently and accurately.

I am currently in the legal team of a national top 10 insurance company, from legal assistant to legal director to legal director, and I have learned that improving the management of legal affairs is not only about "human governance", but also about optimizing from a technical level.

The company first managed the legal department through the enterprise ERP, so the internal management of the legal team was also controlled through a set of ERP, and later with the opening of the enterprise ERP interface, the company took advantage of the trend to customize the development of the enterprise ERP, so we used the so-called legal ERP, which is obviously more convenient than the previous unified software.

Two years ago, the company paid more and more attention to the management of the information and process of the legal department, and learned from the practice of a foreign financial giant to separate the business management of the legal department from other departments.

At present, there are many mainstream legal management systems, such as legal housekeepers, case clouds, etc., which not only have management modules such as cases, projects, and lawyers, but also can be classified into categories for the association of documents, evidence, contracts, invoices and preservation information, so as to meet the work needs of legal affairs in an all-round way. The orderly accumulation of legal management materials and data is also an important asset for the company.

Tired of professional experience, do a good job in legal consulting services, consider your own interests and strengths, consider the opportunity cost of transformation, and do career planning must have a number of operable branches, that is to say, you must have a plan and steps, legal career planning is about your own development, is to help you really understand yourself, set a career plan for yourself, plan for the future, and draw up the direction of your life's development.

When it comes to business content, communicate with colleagues**, accumulate understanding and knowledge of business, and be able to practice makes perfect.

A company's in-house counsel should have a sufficient understanding of the company's relevant legal knowledge and the legal difficulties and disputes involved. And to take filial piety, and Wang Minran to put the interests of his own company first.

The way to do a good job of bad old legal affairs is as follows:

1. Master professional legal knowledge, have certain legal practice and legal experience.

Mastering professional knowledge is a necessary requirement for any job, and legal work is certainly no exception. At the same time, as a corporate legal officer, it is best to have experience as an independent lawyer. The accumulation and training of independent lawyers, including independent case handling, independent legal analysis, and independent litigation**, is a valuable asset for legal personnel.

2. Agree with the company's corporate culture and adhere to independent legal character.

In particular, principled legal issues are often serious issues of right and wrong, and there is absolutely no administrative relationship between superiors and subordinates on legal issues. Therefore, although the legal staff does not have the status of a practicing lawyer.

However, with regard to the viewpoint of legal issues, on the basis of sufficient legal argumentation, independent legal analysis should be conducted, clear legal opinions should be put forward, and efforts should be made to demand themselves according to the standards of practicing lawyers on legal issues.

Of course, the company's legal staff are not practicing lawyers, and the legal department is also part of the company's management structure and does not have administrative independence. Therefore, the work of the legal department must also obey the overall planning of the company, serve the development of the company, identify with the company's corporate culture, and adjust the working methods of the department.

3. Familiar with the company's business and give full play to the advantages of the legal profession.

Legal work will involve different industries and different affairs, but the law will not "legislate on a case-by-case basis" for every matter, so legal personnel must understand the necessary industry knowledge and basic business knowledge on the basis of mastering legal knowledge, so as to make a more realistic legal analysis of the legal issues that occur in the company's business process.

4. Have the ability to identify, evaluate and express legal risks.

A qualified legal officer should be able to fully identify legal risks and make correct judgments and assessments of such legal risks. At the same time, because legal work is part of the company's work, it is necessary to have good legal expression skills.

In an in-depth and popular way, we make a clear judgment from the aspects of "whether it constitutes a legal risk", "the degree of legal risk", "the consequences of legal risk", etc., so that the company can make a correct decision comprehensively in combination with legal risk and commercial interests.

5. Master the correct working methods.

China's legislation is a written law, so as long as people with a certain degree of education can read the general legal provisions and make a general understanding of the law, it is inevitable that there will be deviations in understanding unsystematically or there may be deviations, and it may even be based on personal personality reasons or because of the insistence on one's own views, and then based on the common sense of the common people.

Other departments of the company have objected, criticized or despised the legal views of the legal department, resulting in many arguments that people often say are "reasonable and unlawful" or "reasonable and unreasonable". Therefore, it is more necessary for legal personnel to be good at using correct working methods, do a good job in legal communication, and avoid unnecessary internal friction.

Novice in-house counsel should start with a historical legal information, first understand how he accompanies the writing of a copy of the law of the stupid legal chain, and the essence of legal work lies in the establishment of a document.

We should find out what we should do and learn more from our veteran comrades. The essence of legal work lies in seriousness and rigor.

1. Keep learning. Whether it is an experienced judge, a prosecutor or a seasoned lawyer, as long as you choose to make law your life career, you must spend your life learning, and legal personnel are no exception. The whole society is in the midst of rapid development, and the legal issues within the enterprise have become more complicated, and only by improving their legal professional ability can they stand out in their work.

Continuous learning of legal knowledge, not only to consolidate the basic theory of law, but also to involve in all legal parts, some of the more core civil and commercial law, company law, criminal law, intellectual property professional knowledge will be used in each industry, but also to broaden their own learning field, combined with management, economics, etc., to better apply the law to legal work.

2. Communication skills. Communication is a particularly important part of legal work, not only to learn the communication skills between interpersonal communication, but also to use the thinking of a legal person to figure out the process of everyone's intention in a given commercial affairs, and to transform the negotiation in the business situation into legal language, that is, the language of the contract, with the rigorous legal thinking logic of the legal model hall.

Third, the integration of knowledge. The work of in-house counsel is not only to connect the previous and lower levels, but also to integrate them. In the process of in-house counseling, it is necessary to continuously combine past work experience, knowledge accumulation with specific work communication and coordination, and integrate into the specific work and the overall operation framework of the company, so as to truly serve a commercial project.

As legal personnel, we need to be forward-looking, consider what kind of legal problems we will encounter at every step of the action, string together our mature experience, use it flexibly, and make sure that we can handle affairs like a fish in water.

Fourth, set the right mentality. Although legal work at this stage is a good choice for legal people, all legal professions are a process that needs to be honed for a long time, whether it is a person with profound legal literacy or a legal novice, you need to start anew from practice, starting from the most basic and simple affairs, maybe the salary will disappoint you, overtime will make you desperate, and the rules in the workplace will make you uncomfortable, but you must have the right mentality, and all problems will be solved.

To make career planning in the position of corporate legal specialist, you can sort out your ideas from the following four aspects.

1. Accumulate professional experience and do a good job in legal consulting services. From the beginning of the court's acceptance of the case, efforts were made to follow up the case, assist the judge to strengthen the recovery, and cooperate with the court's procedures such as seizure, service, trial, and enforcement, so as to maximize the recovery of the company's losses and safeguard the company's interests. To build a house, you need to lay a foundation, you need to decorate a house, and you need suitable materials to carve jade.

2. Consider your interests and strengths. Some people have a jumping and open mind, which is conducive to the overall planning and planning of the project, some people have careful and deep thinking, which is conducive to the operation and coordination of the project, and some people are quick and eloquent, suitable for litigation or business development, people with different personalities and emotional intelligence should have different career plans for themselves, not to be able to be a lawyer if they are not admitted to the judicial professional certificate, and they can be a good lawyer;

3. Consider the opportunity cost of transformation. We should calculate the opportunity cost of moving from fixed-salary in-house counsel to being a commission-based lawyer or other profession.

4. It is operable. Career planning must be operational, that is, there must be plans and steps, it is best to determine the general direction first, have a long-term goal, and then make a short-term plan. After one phase of the work is completed, it is necessary to reflect, or adjust, or move on to the next stage.

In short, legal career planning is about your own development, helping you to truly understand yourself, set a career plan for yourself, plan for the future, and plan the direction of your life's development.

1.Participate in the preliminary investigation of medium and long-term projects, and provide legal advice for the preliminary work of project underwriting.

2.Follow up the whole process of the project, and provide legal advice or suggestions for the business department to deal with related matters in a timely manner (through lawyers).

3.Provide legal advice or suggestions for post-project management, claims settlement and other businesses.

4.Assist the relevant sponsors of the Legal Affairs Department in handling corporate litigation cases, including providing preliminary plans on whether to file a lawsuit or respond to a lawsuit.

5.Implement national laws and regulations, and provide legal opinions on the company's business decisions.

6.Responsible for the drafting and review of the company's contracts and the improvement of various management systems, including the conclusion of contracts, filing, storage, performance supervision, borrowing management, etc.

7.Participate in major economic activities such as company division, merger, restructuring, reorganization, investment, financing, guarantee, etc., and handle relevant legal affairs.

8.Responsible for the company's legal affairs, and legal support for all kinds of legal affairs, including contract management, intellectual property affairs, and legal consultation on labor issues.

Each company's requirements will also vary slightly.

1. Liaise with external professional organizations on behalf of the company to ensure that the company's legal needs are in place in a timely manner.

2. Assist in resolving various legal disputes.

3. Responsible for reviewing the company's various contract agreements and related operating procedures and regulations.

4. Provide corresponding legal support for all departments of the company.

5. Carry out legal experience exchange and training of sales agencies across the country to improve the legal awareness of employees.