What Are the Different Kinds of Corporate Counsel Jobs?

A company's legal adviser refers to a professional activity where a lawyer accepts the employment of company enterprises, government agencies, other organizations, and citizens in accordance with the law, and uses its own professional legal knowledge and legal skills to provide the parties with various legal services. Legal advisers can be divided into corporate legal advisers, legal advisers of institutions and private legal advisers according to the service objects, and can be divided into perennial legal advisers and special legal advisers according to the service period.

Corporate Legal Counsel

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A company's legal adviser refers to a professional activity where a lawyer accepts the employment of company enterprises, government agencies, other organizations, and citizens in accordance with the law, and uses its own professional legal knowledge and legal skills to provide the parties with various legal services. Legal advisers can be divided into corporate legal advisers, legal advisers of institutions and private legal advisers according to the service objects, and can be divided into perennial legal advisers and special legal advisers according to the service period.

Chinese name

Corporate Legal Counsel

Classification

Two types

Including

In-house counsel

Business Scope

Other legal matters negotiated by both parties

The company's legal advisers can be divided into internal legal advisers (commonly known as "legal affairs") and external lawyers of the company.

The company's legal affairs belong to the employees of the company and belong to the labor relationship with the company. And the external lawyer consultant is to sign legal counsel service with the company

The business scope of lawyers and legal advisers mainly includes:

1. Provide legal opinions on daily operation and management affairs, answer legal consultations, and issue legal opinions and recommendations as required;

2. Provide oral or written legal opinions and suggestions for the company's major business decisions, and provide relevant legal regulations and policy basis;

3. Review and modify Party A's contract and related legal documents; review relevant legal documents of the company;

4. According to the requirements of the company, legal promotion of legal education for the staff of the company;

5. At the request and entrustment of the company, issue legal opinions on related issues,

Many developed countries in the world have fully recognized the important role of legal counsel, and have hired a large number of corporate legal consultants to provide legal services for the operation and management of their companies, ranging from company development strategy formulation, operation and management decisions to company document management. All need legal counsel to review and provide legal advice, lawyers and accountants become the left shoulder of the company. For example, General Electric has more than 800 corporate legal advisers (employees of the company), and the headquarters maintains 80-100. Exxon-Mobil has more than 700 legal advisers and 17 headquarters. Germany's Siemens has global legal advisers. More than 400 people, Elf Petroleum has more than 500 legal advisers worldwide, 232 legal advisers to Boeing, and 46% of Boeing's senior management. The duties of these large companies' legal advisers are to help the company Legal affairs provide legal advice to help prevent, control and avoid legal risks of companies, and help companies to achieve standardization and institutionalization of production, operation and management, which may be an important reason for the rapid and sustainable development of these large companies.

In contrast, due to the slow start of China's lawyer system, the role of legal counsel has not been fully understood. Many people think that lawyers help others in lawsuits, and lawyers come to mind when there is a legal dispute. Based on this understanding, many companies and companies do not hire lawyers as legal consultants. Their production, operation and management are based on their own experience, and often All rely on the company boss to handle the matter personally. When dealing with matters involving legal issues, they often face their legal risks because they love their faces too much, and they can't tear their faces, so they bury legal risks and eventually lead to legal disputes.

In fact, the treatment of legal disputes is the same as the treatment of illness, and it also goes through the process of hidden trouble beforehand, development during the event, and post-processing. For example, legal risks exist with the underlying cause of the disease, disputes appear with the same disease, and legal disputes are resolved with the treatment.

The importance of preventing, controlling, and avoiding legal risks can be inspired by the following remarks made by the famous doctor in China. King Wei Wen asked the famous doctor Bian Kun: "Three brothers in your family are all skilled in medicine. Which one is the best?"

Bian Hui replied: "The elder brother is the best, the second brother is the second, and I am the worst."

King Wen asked again, "Why are you most famous?"

Bian Kun replied: "My elder brother treated the disease before the onset of the disease. Since most people do not know that he can eradicate the cause in advance, his fame cannot be passed on. Only the people in our family know.

My elder brother was healed at the beginning of his illness. Most people think that he can only cure minor illnesses, so his fame is only in his hometown.

And I was treating the disease in a severe condition. Most people see me wearing needles on the meridians to bleed blood, apply medicine on the skin, and other major operations, so I think my medical skills are so good that my fame has spread throughout the country. "

What I want to say here is that, as far as lawyers are concerned, lawyers should be like the elder brothers of Bian Biao, helping clients to understand the legal affairs, providing legal opinions for decision-making, and then preventing, controlling and avoiding legal risks. Litigation is a last resort as is the treatment of illness, because there is no winner in the lawsuit, and both sides of the lawsuit lose each other. This may also be an important reason why developed countries attach so much importance to legal counsel.

What is corporate transformation? Company transformation refers to the transformation of an enterprise into a company prescribed by the Company Law in accordance with the provisions of the Company Law. At present, there are two types of companies stipulated in the Company Law: limited liability companies (including wholly state-owned companies) and joint stock companies.

The legal affairs handled by Dalian lawyers in the transformation of corporate companies include:

1. Consider which form is suitable for the company's corporate transformation.
2. Invite investors outside the enterprise to review their credit status during the restructuring.
3. Provide legal opinions on claims and debts disposal;
4. Draft and review legal documents such as the investor's (promoter) agreement and the company's articles of association;
5. Assist in pre-registration of company name;
6. Assist in the design of the corporate governance structure, and provide opinions on the definition of corporate authority;
7. Assist in the designation of relevant systems in the system reform;
8. Other related matters, such as business registration.