The difference between legal counsel and legal counsel

Role and orientation

1, as a pillar group, lawyers can fully represent all kinds of lawsuits and control all problems of company law from a macro/global perspective, and their business effectiveness will directly affect the survival of enterprises;

2. Legal affairs is different from lawyers and usually exists as an auxiliary team of enterprises. Its responsibility is mainly to protect the daily legal issues of enterprises, and its work content is relatively simple.

3. Lawyers' control of enterprise risks will be more obvious and direct, and legal affairs can't reach such a high level.

Second, professionalism.

1. Legal personnel are basically competent in daily affairs, but due to their own knowledge structure and work experience, their professionalism is still lacking.

Legal affairs is suitable for start-ups, and at the same time, it needs to concurrently hold back-office management work such as administration/manpower.

2. Practitioners have profound professional knowledge and rich litigation experience, and can combine professional knowledge with practical experience more closely, making lawyers more sensitive to risk prevention.

Enterprise risks focus on prevention, but they cannot be completely eliminated. When disputes turn into litigation, lawyers' powerful litigation skills can protect the interests of enterprises to the maximum extent.

Third, independence.

1. Legal personnel are employees of the company and need to abide by the company's rules and regulations. Enterprises should pay wages and social insurance on a monthly basis and manage them.

2. The practicing lawyers who provide legal consulting services are not employees of enterprises, but are independent. They don't need to abide by the company's rules and regulations, but only need to provide services according to the consulting contract signed by both parties. This is the truth that "foreign monks like to recite scriptures", and lawyers can provide more fair and objective suggestions and opinions without intervening in business operations.

3. Different offices have their advantages and disadvantages. The working hours of legal personnel are all 8 hours a day, which is more secure and closely related to the performance of enterprises. However, when enterprise risks conflict with employees' rights and interests or salary interests, it is difficult to make fair treatment or put forward objective opinions or suggestions because of lack of independence.

Fourth, work efficiency.

1, legal personnel are limited by the number, workload and working hours, and sometimes their work efficiency is not high. At the same time, a stable shift system can easily lead to general slack in enterprises.

2. After signing the consulting contract with the enterprise, the lawyer will keep close contact with the enterprise management personnel, understand the operating conditions of the enterprise, and eliminate possible disputes in the bud as far as possible according to the enterprise information. At the same time, the development of electronic information has shortened the actual distance between lawyers and enterprises. With the help of fax, internet, telephone and other communication technologies, enterprises can get the services of lawyers as soon as possible when needed.

Verb (abbreviation for verb) works together.

1. Enterprises will encounter all kinds of legal affairs to deal with in the process of development. Due to the limited number of legal personnel and limited business, it is difficult for legal personnel to master all kinds of legal business in a short time.

2. Hiring a legal adviser means signing a consulting contract with a law firm. The law firm will appoint lawyers to connect with enterprises and handle legal affairs of a certain profession. For other professional legal affairs, we can give full play to the collective wisdom and overall advantages of the law firm and arrange more professional lawyers to handle them.

The strong backing of legal counsel is the resource of law firm or lawyer team. These organizers are the integration of a large number of lawyer resources in various fields, and can also provide the right medicine for handling corporate legal disputes and provide lawyers with better taste at different stages.

Sixth, personnel stability

As employees of enterprises, corporate legal personnel will pursue greater development space while embodying their own values, which will inevitably lead to being poached by other enterprises. The stability of legal personnel is also debatable.

Seven. costing

At present, in order to set up a better legal department or recruit legal commissioners, the annual expenditure per person is at least about 654.38 million yuan (including monthly fixed salary, social security expenditure and fixed office space and facilities provided for them). ), individual can reach hundreds of thousands.

Under normal circumstances, small and medium-sized enterprises can hire legal advisers as long as they pay half of the above fees.

Eight, practical advantages

In the field of litigation, lawyers who are proficient in litigation are far superior to legal personnel. In the field of non-litigation, lawyers also have an irresistible advantage: confidential information of transaction objects such as credit investigation, equity status, cadastral property status, intellectual property protection, litigation-related information, and performance ability. Legal personnel can't get it at all, and these are the routine items of lawyer consulting services.

In the field of litigation cases, lawyers don't know much about legal affairs, and they often take more detours and less detours when dealing with problems. In the field of litigation cases, lawyers have more channels to obtain resources, and they can use their own practice experience to get familiar with confidential information that is beneficial to enterprises.

Legal personnel have no right to issue legal opinions, lawyers' letters, statements and other legal documents that lawyers can issue in the non-litigation field. In other words, lawyers can do legal work, but not legal work. This is the professionalism of lawyers.

Nine, post the hidden rules

Legal affairs is generally composed of people who have graduated from law major, and lawyers who do not have a lawyer's license or have a lawyer's license but can't bring higher income in the practice institution due to lack of case sources, and their professionalism and ability are slightly poor.

Lawyers, especially well-known lawyers, are rarely willing to do business in enterprises. They have no shortage of cases, hundreds of thousands to millions of attorney fees a year, flexible time and more room for themselves.

To sum up, lawyers will be a better choice for enterprises, whether in the degree of legal knowledge or in the scope and quality of service to customers. Of course, enterprises still need to choose legal affairs or lawyers according to their actual situation. The angel of law reminds us that legal issues should not be sloppy, so it is better to ask legal counsel.