What's the difference between a legal officer and a legal assistant?

The main differences between legal officers and legal assistants are as follows:

First of all, different responsibilities

1. Legal Commissioner: a person who is engaged in handling and undertaking daily legal affairs in the legal department of an enterprise.

2. Legal assistant: to assist in the management of the company's legal practice and legal affairs, and to ensure that the personnel of all business links and relevant departments of the company act in accordance with the law and are not illegal.

Second, the position is different.

1, Legal Specialist: It belongs to the category of professional and technical personnel, and its post level is lower than that of supervisor and higher than that of ordinary staff, so it belongs to full-time functional post.

2. Legal assistant: an ordinary legal person, whose position is equivalent to that of an ordinary clerk.

Third, the work content is different.

1, Law Commissioner:

(1) Negotiate, draft and review the legal documents of relevant business departments of the company, draft and modify the format agreement, and participate in contract negotiation as required;

(2) Supervise and ensure that the company's operation meets the requirements of relevant laws and regulations, and prevent relevant legal risks;

(3) Providing legal advice, identifying and evaluating compliance risks and providing legal advice according to the needs of various departments and projects;

(four) to handle mediation, disputes, arbitration and litigation of various legal events;

(5) Cooperate with the company to complete financing, investment, mergers and acquisitions and other trading projects;

(6) Responsible for communication with judicial organs and government agencies;

(7) Carry out relevant business research and legal training according to work needs;

(8) Complete other administrative work required by the department.

2. Legal assistant:

(1) Assist company leaders in correctly implementing national laws and regulations, and assist in drafting or organizing the review of important company rules and regulations; ?

(2) Assist the heads of all departments of the company to correctly implement national laws and regulations and company rules and regulations, and review the rules and regulations formulated by all departments of the company;

(3) Participate in major business decisions of the company and provide legal advice according to law; Handle relevant legal affairs when presiding over or participating in major economic activities of the company;

(4) To manage the company's legal affairs and organize the company's intellectual property management, industrial and commercial affairs, arbitration proceedings and other legal affairs;

(5) To organize and implement legal publicity and training for employees of the Company;

(6) Put forward rectification opinions on the illegal behaviors of other departments of the company, and assist relevant departments in rectification.

Extended data

The main work of legal affairs includes the following six aspects:

1. Participate in major decisions of the company.

1. Attend major meetings of the company as nonvoting delegates, and give opinions and suggestions on policies and laws.

2. Issue legal opinions on related matters involved in the company.

3. Drafting legal documents, etc.

4, enterprise decision-making and management legal risk control system construction, etc.

2. Participate in reviewing the company's rules and regulations and conduct legal training.

1. Review the legality and compliance of the company's rules and regulations.

2. Cooperate with the company's administrative personnel department to improve the company's financial and personnel system and management process.

3. Prevent and control the legal risks of the company's assets and financial management system.

4. Conduct legal knowledge training for personnel of relevant departments of the company to avoid potential risks. For example, explain the Labor Law of People's Republic of China (PRC) and the Labor Contract Law to the personnel administrative department. Designers and producers explain copyright law, patent law and trademark law. The marketing department explains contract law, advertising law, consumer protection law and anti-monopoly law.

Third, the contract management

1. Formulate the internal contract operation and management process.

2. Formulate the model text of the company's common contracts. Such as the company's labor contract, lease contract, guarantee contract, property management contract, purchase contract, franchise contract specification text.

3. Participate in the preliminary negotiation, contract drafting, contract review, contract signing, contract performance and implementation of the company's foreign business contract, and monitor and track the whole process of contract implementation.

4. Deal with the risks in the process of contract execution immediately and take corresponding preventive measures.

5. Take corresponding legal measures for disputes such as accounts receivable and liability for breach of contract in the process of contract operation, such as evidence preservation, asset preservation, first execution, arbitration and litigation.

Fourth, enterprise intellectual property management.

1, responsible for establishing the company's intellectual property management system. Such as copyright, trademark, patent declaration and protection.

2. Handling of disputes over intellectual property legal affairs. Such as trademark infringement, unfair competition and patent disputes.

3. Declaration and handling of intellectual property affairs.

4. Other intellectual property legal affairs.

Verb (abbreviation of verb) participates in major business and economic activities of the company.

1, such as the handling of company licenses. Including assisting relevant departments of the company to apply for industrial and commercial and tax licenses.

2. Customer due diligence, legal negotiation, legal advice, etc. Participate in the company's external business operation.

3. Participate in handling the legal affairs of the company's external guarantee, investment and financing business.

4. Assist in handling legal affairs related to the increase or decrease of the company's capital, changes in the ownership structure and organizational structure.

5. Participate in the legal affairs of external merger and acquisition of the company.

6. Participate in coordinating and handling the legal affairs of the company's listing activities.

Six, the handling of enterprise disputes

1. Participate in consultation and negotiation of legal disputes of the company.

2. Participate in company arbitration activities.

3. Participate in the company's litigation activities in court.

References:

Baidu Encyclopedia _ Legal Expert

References:

Baidu Encyclopedia _ Legal Affairs