The difference between a company lawyer and a general counsel

What's the difference between a company lawyer and a legal adviser?

First, different identities.

Enterprise legal adviser refers to the internal employees who have passed the examination of enterprise legal adviser, obtained the qualification of enterprise legal practice and obtained the professional qualification certificate of enterprise legal adviser. If lawyers are employees of state-owned enterprises rather than employees of their own enterprises, the system of appointment or entrustment shall be implemented.

Second, the management system is different.

As an internal employee, the enterprise legal adviser is bound by the internal management system of the enterprise.

Generally speaking, you can't work part-time, while lawyers generally only accept the contract signed with enterprises, and generally can work part-time in many enterprises.

Third, there are different ways to obtain qualifications.

Enterprise legal adviser passed the qualification examination of enterprise legal adviser organized by the Ministry of Personnel, and lawyers passed the judicial examination.

The main service content of enterprise legal adviser

(1) Daily legal affairs

1. Advice and suggestions on common legal problems of enterprises;

2. Advice and suggestions on personal legal issues of enterprise employees;

3. Participate in drafting and revising the enterprise contract management system, and standardize the management and use of contracts;

4. Participate in contract negotiation, formulate negotiation strategies and plans, draft and review business contracts;

5. Participate in drafting and revising the enterprise personnel management system, and standardize the labor and personnel management such as employee recruitment, training and welfare;

6. Participate in drafting and revising the enterprise financial management system to eliminate financial management loopholes;

7. Participate in the drafting and revision of enterprise warehousing and logistics management system, reduce enterprise operating costs and improve work efficiency;

8. Draft other rules and regulations or legal documents for enterprises, so as to improve their own quality, make business activities meet legal requirements, and bring internal management into the legal track;

9. Draft and review economic contracts and labor contracts of enterprises to prevent contract disputes;

10, providing legal guidance for enterprise management and enhancing the legal awareness of managers;

1 1. Provide legal training for employees to improve their legal awareness and ensure the implementation of enterprise rules and regulations; 12. Drafting and reviewing the industrial and commercial registration materials, articles of association and other legal documents of newly registered enterprises;

13. Review legal documents related to intellectual property rights such as trademark registration and patent application, and provide legal advice for relevant legal affairs;

14, providing guidance on legal affairs related to business administration and tax laws and regulations;

15, giving legal opinions on major business decisions of enterprises and conducting legal analysis and demonstration on major projects;

16, attended the board meeting of the enterprise as a nonvoting delegate, and analyzed and demonstrated the legal issues involved in the topics of the board meeting;

17. Provide lawyers' opinions on the legality of corporate governance structure (including board structure, shareholders' meeting structure and board of supervisors structure).

(two) legal advisory services for major business activities.

1. Participate in the merger and division of enterprises, demonstrate their legal feasibility and operability, draft and modify specific legal documents, and participate in the negotiation and supervision of the whole activity;

2. Participate in enterprise bidding activities, participate in project negotiations, issue legal opinions on bidding activities, and bid for projects;

3. Participate in the shareholding system reform or asset reorganization of enterprises, issue legal opinions, draft and review relevant legal documents;

4. Participate in enterprise acquisition and anti-acquisition, cooperate with enterprises in legal argumentation and analysis, draft and review relevant legal documents, and handle relevant legal affairs;

5. Participate in the selection and negotiation of investment projects, design investment plans, and assist in finding investment opportunities and investment partners;

6. Participate in other important economic activities such as financial leasing and asset transfer, and handle relevant legal affairs.

(3) Other legal consulting services.

1, business enterprise credit;

2. Relevant laws of the country where the foreign investment is located;

3. Planning and research of overseas legal disputes.

When a company needs a lawyer without a legal adviser, it can come to a lawyer for help and ask a lawyer to help handle the complaint.