Summary of legal work in the first half of the year

A summary of legal work in the first half of the year

Contract management is an important part of enterprise legal work, and the signing and performance of contracts play an important role in enterprise economic operation. Today, I sorted out the summary of legal work in the first half of the year, hoping to help you.

Summary of legal work in the first half of the year is another year of rapid development of the company. Both internal combat effectiveness and external influence have been greatly improved. For example, the turnover of housing sales has reached a new level * * * * to win glory for the country. As an ordinary employee of the company, I am also very proud. With the end of the year approaching, the work of * * * is drawing to a close. It is time to sum up the work of this year, compare the main achievements of the company, sum up the progress and shortcomings in your daily work, and cheer for your future work.

As an ordinary employee of the contract management department, with the help of leaders and colleagues, I think I have been diligent and conscientious in my post and can meet the job requirements. Of course, there are also some mistakes in the work, which are worth summarizing.

I. Contract review

In * * * *, I was in charge of contract review continuously, including the whole process contract review and annual contract review of * * *, * *, ... as well as the spot check of all commercial housing sales contracts, and cooperated with the bidding department, purchasing department, marketing department and other departments to conduct joint bid, bid planning and bid opening for these projects. About 800 contracts were drafted, reviewed or randomly selected, of which about 65,438+00 contracts were dissolved, 60 contracts were modified, and about 50 contracts were issued with audit opinions, except for contracts submitted for review according to the normal progress of the project. Personally, the contract management department is mainly a service cooperation department, whose duty is to actively cooperate with business demand departments, do a good job in contract review, eliminate or reduce legal risks as much as possible, meet the needs of the company's development progress, and not delay the signing and issuance of contracts. I also take this as a guide. It should be said that the contract review of * * * is basically in line with the company's development progress and meets the needs of risk prevention.

Second, legal affairs.

In terms of litigation, I have handled the case of * * * company v. * * * * technology (entrustment) contract dispute; Laiwu Jinbi Project * * *, * * and other six commercial housing sales contract disputes; * * * * project * * *, * * two gas poisoning tort liability disputes; * * * * Administrative penalty execution cases; * * * * Commercial housing sales contract dispute case, etc. Among them, the settlement of the dispute over the commercial housing sales contract was not smooth at the time of filing, but it was finally settled with a victory and 5.44 million yuan was recovered through litigation. After mediation, the proportion of liquidated damages reached 6%-7% of the total price of commercial housing sales contracts, and 430,000 yuan was investigated for liquidated damages. * * * and * * * tort liability cases belong to "small cases" with a small amount of bid (50,000 yuan in total), but the complexity of the cases and the litigation means used far exceed those with a large amount of bid, and the relationship between obtaining evidence, hearing and coordination has exceeded ten times, resulting in a long delay in the case. Of course, after all the efforts, the result should be ideal. Now, the presiding judge will pronounce a judgment in the near future, and our company wins the case. Analyze the reasons for the delay in this case, mainly because the management of the property company did not leave any written evidence before and after our security gas poisoning. Lack of direct evidence to prove the basic facts of the case, all for the court to apply.

After handling these cases, I think it is really important to guard against legal risks in the management process. For example, commercial housing sales disputes should be well documented, and dunning and unsealing should be timely, complete, closed and interlocking. Dongying marketing department has done a very good job in this respect, which can be used as a reference. The gas poisoning case inspired me that when dealing with company affairs, we must plan ahead and implement direct evidence, such as contracts, receipts, audio and video recordings, etc. The experience I got from the administrative punishment case of Zibo Cultural Relics Bureau is that we should not avoid or ignore the management behavior or punishment measures of government departments, but should actively respond to the lawsuit in accordance with legal procedures, raise doubts and objections in time, make decisions and deal with them in time, so as not to miss the procedural relief of the law.

In the non-litigation aspect, it mainly deals with the negotiation of owners' claims, the drafting or review of external letters, the legal consultation of various professional departments, and the handling of special employment disputes of property companies. Among them, he participated in the negotiation of claims of owners of * * * and * * * handover projects for about 20 times, and nearly 80 owners negotiated; According to the requirements of the bidding department, budget and final accounts department and other demand departments, draft or review more than 70 relevant letters; The personal injury compensation dispute of the property management company was successfully resolved, and the company successfully handed over all legal responsibilities. It should be said that my daily legal consultation, negotiation, sending letters and other non-litigation legal affairs can meet the normal legal protection needs of the company.

Third, the problems existing in the work and corrective measures

In the work of * * * years, although we can meet the company's work needs in contract review and legal affairs handling, there are no major substantive mistakes, but there are some mistakes that deserve reflection and review.

One of the accountability was because the case of commercial housing in * * * failed to be filed at the same time as similar cases in other areas in the same batch; There is also an accountability because the development department made urgent progress and did not follow the normal approval procedures. The sealed version of the contract was tampered with by the other party and failed to be discovered in time. Although it was remedied later, it brought passivity to the leadership work.

Although everything happens for a reason, for example, for the first time, the court filing court of * * * * illegally handled the case because of the influence of the defendant's owner's social relationship (deliberately making things difficult and delaying the filing), it was not until our company filed a case with the local people's congress for prosecution and supervision. But as the management of the company, what the company or leader wants is the result, and the key is to solve the problem. How special the process is is secondary. Therefore, no matter what the reason, if there is a problem in the result, we should bear the corresponding responsibility and learn from it in the future work. Don't talk about the reasons for a thing's failure or mistake first, and you don't need to find the reasons for the failure, but you should find a successful method as soon as possible.

I believe that summing up the work of the past year is only a means, and the ultimate goal is to promote our own progress and provide laws, experiences, lessons and methods for future work. In the work of 20xx, I will continue to be rigorous and meticulous, observe more, learn more and summarize more, be guided by safeguarding the legitimate interests of the company, be based on my own work, be conscientious and strive for new improvement and development.

Summary of legal work in the first half of the year: time flies, time flies, no trace. Unconsciously, I have been working in our company for almost ten months. In the past ten months, under the careful guidance and training of the leaders, under the care and love of other colleagues in the department, and under the care of other colleagues in the company, I have a clear understanding of the relevant legal affairs of the company and a practical feeling about all aspects of work. I reviewed my work in the past ten months. I have gained a lot, but I also feel that I still have some shortcomings and should improve. Below, I briefly summarize my legal work in the past ten months:

First, respect the post, love the industry and work creatively. I have always been strict with myself. According to the requirements of the company, I have completed my work well, made a new breakthrough in my work mode and changed my work style greatly. Before I came to work in the company, the legal department was a department in name only, with only departments and no employees. After entering the company, I first studied and analyzed the risks of the company's operation by getting familiar with the company's original management mode, so as to carry out daily legal management around the management principle of "effectively reducing the company's legal risks and legally creating the company's greatest wealth"; Because I love it, I am dedicated. I always remind myself that the work should be pragmatic and serious and the contract review should be comprehensive. As far as legal affairs are concerned, it is mainly to check the responsibilities, obligations and terms of liability for breach of contract of both parties, push the liability risk to the other party as much as possible, do everything possible for us in the contract, evade relevant legal responsibilities through contract terms, and minimize our legal risks.

Second, strengthen self-study and improve professional level. I deeply know that today's era is an era of rapid technological progress, but also an era of technological upgrading. Legal work is a typical legal operation. Only by knowing the law like the back of one's hand can we gain insight into legal loopholes, evade the law and make better use of the law, thus making the law a powerful weapon to ensure the protection of the company's interests. Therefore, I attach great importance to the laws and regulations promulgated or revised by the state and local governments, dare not slack off at all, and study and master relevant knowledge points seriously. For the laws and regulations related to our company's business projects, we must carefully consider the essence, try to find legal loopholes, make corresponding countermeasures on how to avoid legal provisions, seek relevant provisions to protect the company's interests, and maximize the company's interests. Through continuous practice and summary, gradually improve their professional work level.

Third, formulate various management methods of the company, and constantly explore and improve them in practice, so as to further institutionalize and standardize the management of the company. In the first half of the year, I have combed and reviewed the company's relevant management systems, and given corresponding suggestions for the company's reference, providing a good platform for preventing legal risks.

Four. In view of the company's previous imperfect risk management system, under the instructions of the company's leaders, the company's legal affairs reorganized the relevant management systems and successively formulated relevant management systems, mainly including: Wuhan South China Construction Engineering Co., Ltd.

There are 10 systems, including contract management system, contract inspection management system, company certificate management method, builder training agreement, company legal department management method, operation department contract management rules, operation department contract lending management rules, company employee resignation agreement, legal risk prevention and control system of legal department and project department contract management method. Provide a basis for the effective management of the company from the system aspect. And look for problems in practice, modify them in time, and constantly improve the management mechanism.

Verb (abbreviation of verb) contract review

Contract review is the most basic work of legal personnel and the key to ensure the healthy operation of enterprises. After several months of continuous study and intensive training, I mainly reviewed ten projects under construction, such as the subcontract of construction engineering specialty, the subcontract of construction engineering labor service, the internal contract agreement of construction team, the lease contract of tower crane, the supply contract of building turnover materials, and the supply and marketing contract of steel products. In the process of contract review, we can find out the obvious unfairness that infringes our interests in time and correct the inappropriate or inappropriate terms in the contract that are unfavorable to us. For example, in some model contracts, there are obviously clauses that restrict our rights and aggravate our obligations. At this time, I will promptly correct them and urge us to maximize our rights and interests; Regarding the settlement of contract disputes, some contract arbitration and litigation solutions are not clear. At this time, I will point it out in time, either arbitration or litigation, so as to clarify the solution of the dispute and avoid unnecessary disputes; Also, in contracts with relevant templates in some countries, some companies will modify the template of the contract by themselves to reduce their obligations. At this time, it is difficult to find flaws without careful inspection. At this time, I will also read the contract sentence by sentence, correct the modified terms in the contract template, and reduce the responsibility of the other party. Through timely, effective and serious contract review and contract inspection, the performance rate of the company's foreign contracts has been greatly improved, and the work efficiency of other departments has also been accelerated, avoiding unnecessary lawsuits of the company as much as possible and ensuring the benign and safe operation of the company's project departments and departments. Through careful legal check and contract review, during the ten months of my company's work, there was no lawsuit or any legal dispute, which made our company establish a good corporate image in the eyes of the industry and customers and provided a good internal environment and external atmosphere for our long-term development and creation.

Six, enterprise contract legal risks and prevention knowledge training

20xx is a year of sound system and systematic management in our company. Our department actively responded to the company's call, strengthened legal education and publicity for project managers, drew up a lecture on "Legal Risks and Prevention of Company Contracts", and held a lecture on special knowledge on June 16 this year, put forward suggestions on the defects and deficiencies in contract management of projects under construction, and interacted with all project managers and contract management commissioners who participated in the training. Facts show that through systematic and targeted regular legal knowledge training, the legal awareness of project managers can be strengthened, and the legal risks of contracts can be greatly reduced, thus effectively safeguarding the legitimate interests of enterprises.

Seven, assist other personnel and other departments.

Under the serious guidance of the leaders, I assisted the relevant personnel of relevant departments to sign the contract, enhanced my ability and level in legal management, improved my work enthusiasm, greatly expanded my legal work vision and strengthened my proficiency in related businesses of our company.

Eight. Shortcomings and improvements

In the past ten months, with the support and guidance of leaders and the care and love of others in this department, although I have made some achievements, there are still some shortcomings and shortcomings. In my future work responsibilities, I need to make more efforts and improvements:

1, I need to strengthen my familiarity with the relevant professional knowledge of construction engineering, so as to effectively control the project contract management of the company;

2. Due to the lack of legal personnel in our company before, there was a lack of legal review and control in the construction contracts of building projects (such as Xiantao Project), first-class architect training cooperation agreements, administrative procurement contracts and other contracts involving the interests of the company. I will strengthen my professional ability in this field in the future to pave the way and prepare for the company's contract review;

3. Strive to skillfully control the company's mergers and acquisitions, and actively assist the company's top management to do a good job in group operations;

4. Continue to strengthen the legal quality training for the relevant personnel of the Group, especially the relevant person-in-charge of the foreign sales department (such as Xiantao Tian Xiang Real Estate) and the person-in-charge of the contract related to the project under construction, and communicate with the relevant personnel on a regular basis so that they can know fairly well when signing the relevant contract;

5. Continue to strengthen the study of legal knowledge, improve legal skills, and provide effective, steady and timely legal advice and help for the development of the company.

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