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Scope of legal advisory services
With the continuous improvement of China's legal system and the improvement of the overall legal awareness of society, more and more enterprises realize the importance of law, so many enterprises have also hired legal consultants to reduce the legal risks of their own operations. What is the overall plan of the enterprise's perennial legal advisory service? The following is a detailed introduction for everyone. What is the scope of perennial legal counsel for enterprises? The economy is developing and the law is improving. Our entrepreneurs should also keep pace with the times, further emancipate their minds, change their concepts, and raise their understanding of legal risks from "fire fighting" to "fire prevention"; From the awareness of safeguarding rights according to law to the awareness of managing enterprises according to law! 1. The task of perennial legal counsel is to provide various legal services for the company and safeguard the legitimate rights and interests of the company according to law. Its specific work scope is as follows: 1. Assist the company to handle all kinds of disputes (1), including sales contract disputes, labor and personnel disputes, lease disputes, intellectual property disputes, share transfer disputes, etc. (2) As a representative of the company, settle the above disputes amicably through consultation and negotiation; If negotiation fails, a lawyer's letter can be issued according to the company's requirements; Providing litigation or arbitration for the company; Participate in litigation or arbitration as a company litigation agent when necessary. (3) Assist the company to analyze and find out the causes of the above disputes, so as to nip in the bud and make such disputes less or not. 2. Assist the company to improve various rules and regulations (1). In terms of operating system, it is mainly to provide legal advice and preventive methods for the legality and risks of operating methods, and timely amend the provisions that are not in compliance with the Company Law, the Civil Code, the Civil Code and other laws and regulations, in order to pursue the company's law-abiding operation. (2) In terms of management system, it mainly provides legal advice on the legality of the internal labor and personnel management system of the company, so that it does not violate the labor law and other relevant laws and regulations, in order to pursue the goal of the company's management according to law. 3. Strengthen the drafting of company contract management (1), review and modify existing contracts, make contract templates by classification, and standardize legal risks in the process of contract signing. Mainly for raw material procurement, sales and franchise sales, transportation, warehousing, leasing, patented technology and proprietary technology, trade secret confidentiality rules, labor and employment, etc. (2) Draft and formulate rules for contract performance, formulate rules for employees to perform contracts in combination with the Civil Procedure Law, the Supreme People's Court Evidence Rules and relevant laws and judicial interpretations, improve performance procedures, preserve evidence, and prevent the risk of losing due to insufficient evidence. (3) Formulate contract management system and specific measures for contract signing, performance, storage and filing. (4) Review the disputed contract and take remedial measures in time if there are loopholes. 4. Providing intellectual property services for enterprises. Intellectual property is one of the focuses of our service. Specifically, it includes copyright protection, patent protection, trademark protection, non-patented technology protection, trade secret protection and anti-unfair competition. Through our work, the company will not violate the Copyright Law, the Patent Law, the Regulations on the Protection of Computer Software and other relevant laws and regulations in the process of product development, product sales, technical services and technology transfer, so that there is no legal obstacle for the company to implement the above actions. 5. Clean up the creditor's rights and debts for the company (1) and collect the creditor's rights, and give priority to compensation according to the statutory limitation; Draft and issue a lawyer's letter, assist the company to collect debts and interrupt the limitation of action. (2) Clean up the company's external debts and take defensive measures. (3) Formulating litigation plans and pre-litigation evidence preservation measures. 6. Assist the company in handling legal issues related to transportation and finance (1). Handle legal issues related to the storage and transportation of raw materials, semi-finished products and finished products, as well as cargo insurance, product quality disputes, product damage compensation, acceptance criteria for delivered goods, etc. (2) Consult the legal documents related to financing, fund-raising, guarantee and mortgage from other companies or financial machines. 7. Assist the company to deal with legal issues related to administration (1). Formulate the articles of association and administrative contract management measures (including drafting, review, signing and performance procedures). (2) The company is involved in the lease of business premises or the management of its own property, communicates with the real estate and fire departments, and handles relevant legal affairs and legal documents. (3) Assist in handling special legal affairs involving the company, industry and commerce, taxation, customs, copyright bureau, patent office and other departments. (4) Manage the official seal, business license, tax registration certificate and letter of introduction of the company and provide legal advice. (five) as a notary. 8. Providing legal services for corporate restructuring, mergers and acquisitions, etc. 9. Provide legal affairs training for employees of the company, and train relevant business personnel in different categories and themes to improve employees' legal awareness, contract awareness and evidence awareness. The main aspects are civil code, evidence law, intellectual property law, product quality law, consumer rights protection law and labor law. 10. The agency company participates in civil, economic and administrative litigation or arbitration and applies for administrative reconsideration on its behalf. 2. Service mode 1. The legal consulting service team composed of full-time lawyers and paralegals provides all-round services for consulting units. 2. According to the company's requirements, the firm appoints lawyers or assistants to the company for on-the-spot investigation to learn more about the situation, analyze the company's requirements and problems found from a legal perspective, and propose solutions. 3. When a lawyer who is appointed as a legal adviser is unable to perform his duties as a legal adviser due to special reasons, the firm shall consult with the company to appoint another legal adviser to ensure the continuity of the legal adviser's work. 4. In case of special circumstances, if the company requires the firm to appoint a lawyer or assistant to solve special legal problems for the company, it shall not be restricted by the above provisions. 5. For the company's non-litigation legal affairs, the firm will issue legal opinions or solutions within three working days. Third, establish a rapid response mechanism to deal with emergencies in the process of legal services, set up a legal advisory group with relatively stable personnel, and achieve: 1, and reply on the same day of legal consultation. 2. The modification of the contract shall be completed on the second day after receiving the contract to be modified at the latest. 3. The drafting of contracts and other legal documents should be completed within three days after accepting the task. Fourth, according to the company's business characteristics, improve the service plan; Highlight the key points and solve the problems that the company is most concerned about and needs to solve. These are Bian Xiao's answers to related questions. I hope it helps you. If you have any questions, you can consult a professional lawyer online.
Legal objectivity:
Article 29 of the Lawyers Law of People's Republic of China (PRC) * * As a legal adviser, a lawyer shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other entrusted legal affairs, and safeguard the legitimate rights and interests of the client.
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