There are generally two types of Timely Rain legal advice, namely, perennial legal counsel and special legal counsel.
The perennial legal consultant signs a legal consultant agreement with the company and handles all the legal affairs of the company within the agreed period (usually 1 year or more). This type of legal consultant has a wide range of services and a long time, so it is called a perennial legal consultant , The legal counsel relationship ends with the expiration of the agreement. If you continue to hire, you need to sign the agreement again.
Special legal advisers are hired by companies to handle a certain legal matter. The legal adviser relationship ends when the legal matter is handled. Generally, there is no time limit, so it is also called a temporary legal adviser or short-term legal adviser. Nowadays, most companies hire perennial legal consultants because they can provide a full range of legal assistance in the production, operation, management and other activities of the company.
Most companies have hired perennial legal consultants, especially some large companies, but most companies only position lawyers in debt collection and litigation, that is, litigation, and even neglect the role of legal consultants when signing contracts. In fact, apart from litigation In addition, a good lawyer can do a lot of practical work for a company, and it is very important for the company.
How does Timely Rain's legal counsel work?
Specifically, Timely Rain's legal advisors serve companies in many ways, such as: providing legal opinions and legal basis for major business decision-making plans of companies, and proposing feasibility demonstrations from a legal perspective, so as to avoid legal risks in business operations; Drafting, revising, and reviewing various contracts, agreements and other relevant legal affairs documents of the company; issuing lawyer's statements in response to certain infringements of the legal rights and interests of the company, or issuing a lawyer's letter targeted; representing the company in civil, economic and administrative litigation Effectively protect the legitimate rights and interests of enterprises with arbitration and administrative reconsideration; participate in non-litigation legal affairs of enterprises; participate in enterprise economic project negotiation, review or prepare various legal documents required for negotiation; conduct legal education and legal training within the enterprise within its capacity ; Cooperate with the human resources department of the enterprise to do a good job in labor and personnel work, draft and review labor contracts, confidentiality agreements, and conduct dismissal design.
What is the role of Timely Rain's legal counsel?
1. Take different measures to deal with the differences between the problems that enterprises need to solve urgently
(1) For the contract that the company is breaching, it is necessary to clarify the responsibilities and sign a supplementary agreement on the premise that the other party accepts it, so as to eliminate the consequences of breach and minimize property losses.
(2) For oral contracts, measures must be taken as soon as possible and fixed in writing.
(3) For the claims that have exceeded the statute of limitations, try to mediate and close the case, or sign a new repayment agreement with the other party to obtain effective litigation rights.
(4) For the claims that are about to exceed the statute of limitations, they must be sued as soon as possible, and for related customers who cannot be sued, they must request repayment in writing to interrupt the statute of limitations.
(5) For other disputes, prioritize them, choose the best method, resolve them one by one, and try their best to protect the legitimate rights and interests of the enterprise and avoid property losses.
2. Fully carry out legal advisory work
On the basis of the completion of the above-mentioned work, the following work shall be carried out within the scope specified by the perennial legal counsel:
(1) Answer legal consultation
Provide specific opinions on legal or legal issues encountered by the company in terms of business operations, either in oral or in writing. For general consultations with simple questions and clear legal relationships, oral forms are used. For important legal matters involved, the company provides specific legal opinions in the form of legal opinions.
(2) Drafting, reviewing and revising various legal affairs documents, participating in the negotiation of major contracts
The above-mentioned legal affairs documents are mainly based on contracts, and the purpose is to prevent problems before they happen. When signing the contract, the rights and obligations of both parties are clarified and strive to reduce or avoid disputes. Many technical issues are involved, such as deposits if the party will not breach the contract. The amount of and the ratio of liquidated damages can be appropriately increased; if the party may breach the contract, the ratio of the deposit to the liquidated damages should not be set too high to prevent one's own party from assuming excessive liability for breach of contract.
(3) Organize targeted legal training courses to improve the legal awareness and risk prevention awareness of business personnel.
(4) Participate in litigation in case of enterprise dispute
Timely Rain often recommends that companies choose non-litigation to resolve conflicts. Practice has also proved that from a long-term perspective, this is beneficial to corporate development. But for cases where mediation is hopeless, the case is complicated, or the disputed party is in a foreign country, it is necessary to prosecute as soon as possible to strive for jurisdiction.
(5) Assist the company's personnel management department to carry out its work
In recent years, the contradiction between labor and management has become more and more serious. Therefore, the design of the plan for dismissing employees, and the work of responding to labor arbitration and litigation by employees are very important. Employing legal consultants for laws and regulations has a great effect on safeguarding the legitimate rights and interests of enterprises and maintaining corporate morale.
What is the significance of establishing Timely Rain corporate legal counsel?
1. To improve the internal operating mechanism of the enterprise.
For an enterprise to operate reasonably and develop normally, it must have a series of sound operating mechanisms. The managers of the enterprise may be experts in operation, so they are good at rewarding mechanisms, but they may be good at preventing internal risks. The omission.
For example, some corporate seals and contract management mechanisms are not sound, many people have the opportunity to use them, and the content of the contract signed by employees is not monitored. Once the previous work is not carefully handed over, there will be problems in the performance of the contract, and even the use of company management There are many cases where loopholes and third parties harm the interests of the company. Under the current legal mechanism, many companies have suffered losses.
2. Participate in negotiations in daily operations, review contracts, and remind risks.
With the development of the legal system, people in the legal profession increasingly agree with the principle of "autonomy of will" for the signing of contracts. As long as the contract does not violate the law, sometimes even if it is unfair, the judge will not correct it because "you sign it yourself." "You should know enough about your rights and obligations." Therefore, it is more and more important to check and review the legal aspects of the contract in this transaction process.
3. Analyze legal risks and legal operations during company association, merger, division or investment.
When a company develops to a certain level, it must always reach a new level of development through changes in its corporate form. Possible forms include joint ventures, mergers, divisions or investments. No matter which method is used, it is different from a single transaction and involves the company. The next development direction may also use a lot of company funds. Because of the lack of risk awareness, sometimes the company's interests will be greatly damaged, and even collapsed.
4. Acting as the agent of the enterprise, participating in the mediation, arbitration or litigation activities of contract disputes and other legal disputes, and safeguarding the legal rights and interests of the enterprise.
Litigation is a very professional business. It is not only necessary to master sufficient legal knowledge, but also to use litigation experience. Judging from the current development trend of litigation practice, judges in civil economic litigation are increasingly inclined to let the parties themselves protect their rights, and try not to interfere. In litigation, especially in cross-examination, sometimes one more sentence or one less sentence will also affect the outcome of the case. Then the ability of litigation participants to grasp opportunities becomes more and more important, which requires litigation experience.
5.To sum up, the role of corporate legal advisers in participating in the decision-making, operation, management, prevention and handling of various legal disputes of enterprises will become more and more important. If enterprises want to develop better, they must attach importance to the role of legal advisers. Many larger companies will set up a special legal department and include legal counsel in the decision-making level of the company. Of course, for many small and medium-sized enterprises, a specialized legal department is not needed for the time being, but this content of legal advisory services is still important.