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Legal counsel includes special legal counsel and perennial legal counsel, whose services mainly include: assisting the employer in establishing a legal dispute prevention mechanism, dealing with existing relevant legal issues in a timely manner, and cooperating with relevant departments of the employer. The specific consultants are as follows:
1. Answer legal advice, provide suggestions or issue legal opinions in accordance with the law;
2. Assist in drafting, formulating, reviewing or revising contracts, articles of association and other legal documents;
3. At the request of customers, participate in consultations and negotiations, conduct legal analysis and argumentation;
4. Sign, serve or accept legal documents entrusted by customers;
5. Conduct legal argumentation, propose solutions, issue negotiation letters, issue legal opinions, or participate in non-litigation negotiations, coordination and mediation on the disputes that have been, are faced or may occur by customers as required;
6. Teach legal practice knowledge at the request of customers;
7. Monitor the issuance and revision of laws and regulations related to customers at the request of customers;
8. Participate in litigation, mediation or arbitration;
9. Help corporate customers establish and improve various rules and regulations;
10. Assist corporate clients to establish legal service institutions, conduct legal training and legal publicity;
11. Handle other legal affairs agreed by both parties.
The main function of legal counsel is to help you prevent legal risks and avoid litigation disputes as much as possible. Solve and prevent all problems and shields before acting, so that even if a lawsuit occurs in the future, it can quickly grasp the initiative and maximize rights and interests.
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He is different from the company's employees, and plays a role in the company's operation to prevent and deal with the operation in advance, and escort the company.
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According to the different hiring subjects, it can be divided into:
Corporate Counsel; **Legal adviser; Private Legal Counsel.
According to the different service periods of legal counsel, it can be divided into:
Perennial Legal Counsel; Special Legal Counsel.
1. Do I need to hire a lawyer to sue in court?
The decision of whether to retain a lawyer is for the parties themselves, and may or may not be retained. Lawyers may engage in the following businesses: accept the entrustment of natural persons, legal persons, or other organizations to serve as legal counsel; Accept the entrustment of the parties to civil cases and administrative cases, serve as the first person, and participate in the litigation; Accept commissions, provide non-litigation legal services, etc.
2. What situations should be avoided by arbitrators?
The arbitrator shall refrain from the following:
1. Be a party to the case or a close relative of the party or the first person;
2. Have an interest in the case;
3. Having other relationships with the parties to the case or the person may affect the fair trial of the case;
4. Meeting with the parties or people privately, or accepting the goods of the parties or people;
5. Consult the case first;
6. The current legal counsel or person of the party or former legal adviser has been less than two years after leaving office;
7. Working in the same unit as the party or its ** person, less than two years after leaving;
8. Recommend the parties to this case and introduce the person who is the first person in the case;
9. Witnesses, appraisers, inquest officers, defenders, and litigants serve as cases in or related to the case;
10. Other matters that might affect the fairness of the trial.
3. What are the circumstances under which an arbitrator shall be recused?
Be a party to the case or a close relative of a party or person;
have an interest in the case;
Have other relationships with the parties to the case or ** person, which may affect the fair trial of the case;
meeting with the parties or ** people without permission, or accepting the hospitality and gifts of the parties or ** people;
Counseling has been provided in advance for the case undertaken;
The current legal counsel or ** person or former legal adviser has been less than 2 years after leaving office;
Working in the same unit as the party or his/her ** person and less than 2 years after leaving;
Recommending and introducing ** persons for the parties to this case;
Served as a witness, evaluator, inquest officer, defender, or litigator in this case or related cases;
Other matters that may affect the fairness of the trial.
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Legal analysis: 1. Prevent future legal risks.
2. Deal with existing problems.
3. Promote the standardization of the management of the employer.
4. Cost saving (from the perspective of preventing damage).
5. Staff to the management and the board of directors.
6. Implementers of laws and policies.
7. Supporter of enterprise objective management.
8. Big-size practitioners of business contracts.
9. Defender of the self-discipline system of the enterprise.
10. Arbiter of intra-enterprise disputes.
11. Coordinator of performance and risk.
12. Defender of the legitimate rights and interests of enterprises.
Legal basis: "Several Provisions of the Ministry of Justice on Lawyers Serving as Corporate Legal Counsel" Article 2 The tasks of lawyers serving as corporate legal advisers are: to govern enterprises in accordance with the law, to provide legal services for production, operation, management or other activities in accordance with the "Enterprise Law" and other relevant laws and regulations, to handle relevant legal affairs entrusted by enterprises, to safeguard the legitimate rights and interests of enterprises, to promote enterprises to deepen reforms, expand opening up, to transform the mechanism of enterprise economic reform, to improve the economic efficiency of enterprises, and to promote enterprise production. Business development.
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1) Abide by national laws, regulations and relevant provisions, as well as enterprise rules and regulations, and abide by professional ethics and practice discipline;
2) Perform the duties of corporate legal counsel in accordance with law;
3) Be responsible for the legality of the legal opinions submitted, the legal documents drafted, and other legal affairs handled;
4) Keeping state secrets and enterprise commercial secrets;
5) Other obligations that shall be performed by laws, regulations, rules, and enterprise provisions.
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By providing comprehensive and in-depth legal counsel services, we can standardize the operation and management of enterprises in accordance with the law, prevent and reduce legal disputes and business risks of enterprises, and improve the combat effectiveness of enterprises in shopping malls.
Find the legal counsel of small and medium-sized enterprises, a platform for professional legal services. The service includes six modules, including labor rectification, contract optimization, debt collection, enterprise equity, intellectual property rights, and value-added services, which truly provide one-stop legal services for enterprises and escort the development of enterprises in an all-round way.
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