Legal advisory service plan
Part 1: Legal Advisory Service Program
As a professional legal service organization, Chongqing Huahua Law Firm is our basic service product. The main work of the company's legal counsel includes:
First, provide comprehensive legal support for company decision makers
As a company's decision-makers, we need to consider the development of the company in a comprehensive and predictable manner. In the decision-making affairs of investment and financing, fixed assets construction, company legal structure arrangement, project arrangement, etc., there are many legal risks, if there is a professional lawyer. Intervention, the legal confusion of decision makers will be solved. Our lawyers will provide you with the most professional lawyer services, so that you can increase your wisdom in the decision-making process.
Second, the company's management management advisory services
Advising the company on day-to-day management
1. In the daily operation process of the company, there are many legal files to be drafted and revised internally and externally. The production of legal files is the expertise of lawyers. For a well-managed company, with the help of lawyers, strict review It will undoubtedly play a role of half the effort. Our lawyers will provide you with timely and effective lawyers' opinions through the communication with relevant personnel in accordance with the requirements of the legal advisors, such as labor management, credit collection, document delivery and management, business contacts, government negotiations, etc. The legality of management will effectively reduce the company's legal risks, and when necessary, issue legal opinions or lawyers' letters according to the company's requirements.
2. Providing legal advice to the company, accepting suggestions from the company's senior management or ordinary employees on the operation and development of the company and summarizing them, and making corresponding solutions to the potential legal risks of the company.
3. Contract signing service
The company's operation and management process involves a large number of contracts, and the establishment of the company's contract management system is the guarantee for the company's stable operation. Controlling contract traps and legal risks, professional lawyers have unique professional experience, and it is an important function of legal counsel to review and modify important contract texts by lawyers. Our lawyers can establish a contract system for the contract in the company's management. According to the company's customers and suppliers, under the premise of full communication with the company's relevant management personnel, the contractual terms of operability and no legal risk are formulated. At the time of signing and contract fulfillment, lawyers can be arranged to participate at any time. Lawyers can guarantee the smooth performance of the contract through qualification review, contract signing and transfer of lawyer's letter.
Participate in the negotiation of major economic projects of the company and issue legal opinions for investment and project establishment of major projects.
The agency handles non-litigation legal affairs, such as: economics, drafting labor contracts, issuing lawyers' letters to debtors, entrusting the company to issue relevant statements, and contractual witnesses, corporate legal opinions and other legal matters.
3. The agency shall conduct litigation, participate in mediation, settlement and arbitration activities, and shall, in accordance with the information provided by the company, prepare for the prevention or pre-litigation and respond to the work that may cause disputes.
4. Our institute has carried out professional legal services for labor for various types of units for many years. According to the actual situation of the consultants, the general goal of “labor labor risk control and conservation” was put forward, and a legal, complete and independent service plan was proposed.
V. Legal information supply and consulting services
As a professional legal service intermediary, the firm has a wide range of social resources and a database of laws and regulations covering various fields. In the course of business management, if the consultants encounter legal problems that are difficult to solve, they can communicate with consultants, consult and consult relevant legal and regulatory materials at any time to avoid legal risks caused by the lack of legal information. The new laws and regulations as well as the policy provisions will be publicized and explained to the consultants in a timely manner. Consultant lawyers will also provide free advice on private legal issues for employees of legal advisors.
6. Legal training services
The lawyers of the firm provide legal training for the company's employees. The firm has experienced lawyers to provide training services for the company. The purpose is to improve the legal awareness and overall quality of the employees, so that employees can be in the process of business activities. There is more than one kind of legal thinking. Achieve compliance and work in the consulting unit.
7. Consultant service methods and lawyers' arrangements
In order to standardize the work of the consultant's perennial legal counsel, we provide quality legal services to the consultants with due diligence based on the principle of “providing the most timely legal services to our clients”. We intend to arrange legal counsel on a regular and irregular basis. jobs.
For the handling of urgent legal matters, we have a 24-hour working system for timely contact. In addition to temporary emergency services, the regular work system is arranged as follows:
Ensure that the consultant's lawyers contact and communicate with the consultants no less than once in each of the two weeks. The main work content is:
1. Answer all kinds of legal consultations proposed by the consultants on the spot;
2. Collecting and reviewing various situations that may have been identified by the consultant unit or have already occurred;
3. For cases in which the advisory unit needs to file a lawsuit and respond to the lawsuit, collect all kinds of evidence materials in a timely manner and propose a case handling plan;
Regular legal service meetings are held every quarter. The consultant lawyer and the consultant unit liaison focus on the work of the legal consultants in the previous stage of the consultant unit. Discuss and resolve problems raised by difficult problems, cases and consultants. The main content of the meeting will be:
1. Summarize the work of legal services in the last two months;
2. Discuss the difficult issues raised by the consultants;
3. Formulate a quarterly legal service work plan.
The year-end lawyer consultant submits the annual summary of the legal advisor's work and the satisfaction survey to the consultant.
In addition to the daily legal counsel work, for major projects, the firm will organize our professional lawyers to complete various specialized legal projects entrusted by the consultants.
The firm and lawyer counsel have the obligation to keep confidential the relevant information involved in the business of the consultant.
Eight, the collection of consultant fees
The perennial legal counsel fee annual fee is determined by means of negotiation, generally more than 12,000 yuan. In order to let customers understand and feel the level and attitude of our service, the annual legal counsel fee can be charged between 8,000 yuan and 10,000 yuan in the first year. If the customer feels bad, we will no longer serve as legal counsel in the second year. If the customer feels good, the consultant lawyer can be trusted and can cooperate for a long time. In the second year, we will not be less than 12,000 yuan per year. The service includes the daily routine of the company. Various non-litigation legal services involved in business management. When your company is involved in litigation and arbitration, we will reduce the fee by half according to the "Chongqing Lawyer Service Guiding Charges".
If we can cooperate with your company, the content of specific lawyer services, we adjust our service plan and expenses as appropriate according to the specific circumstances and requirements of your company.
Part 2: Legal Adviser Service Program
I. Legal counseling services
Part I Legal Risk Management Service
Collect legal information and cases related to the company's business
In order to control the company's legal risks, the law should widely collect cases in which domestic and foreign enterprises ignore the risks of laws and regulations, lack of countermeasures, and cause losses to enterprises, and at least collect the following information related to the company:
1. The political and legal environment related to the enterprise at home and abroad;
2. New laws, regulations and policies affecting enterprises;
3. Business processes or links that have occurred or are prone to errors in the management of quality, safety, environmental protection, and information security;
4. Compliance with employee ethics and factors that cause loss of business or failure of business control system due to moral hazard of internal and external personnel;
5. Major agreements and relevant trade contracts signed by the enterprise;
6. The circumstances of major legal disputes occurred in the enterprise;
7. The intellectual property rights of enterprises and competitors.
Combine the company's business and evaluate and analyze the company's legal risks
1. Combine the company's business processes, find out whether there are legal risks in the business units, important business activities and important business processes of the company, and what are the legal risks; clearly define the legal risks and their characteristics, analyze and Describe the level of legal risk occurrence and the conditions under which legal risks occur; assess the extent to which legal risks affect the company's objectives, and the value of legal risks.
2. When assessing a number of legal risks, the legal risk coordinate map should be drawn based on the assessment of the probability of legal risk and the degree of impact on the target. The legal risks should be compared and the management of various legal risks should be initially determined. Priorities and strategies.
3. Determine the risk preference and risk tolerance according to different business characteristics, that is, what risks the enterprise is willing to bear, clarify the minimum risk and the maximum limit that cannot be exceeded, and determine the risk warning line and the corresponding countermeasures accordingly. Determine the risk appetite and risk tolerance, correctly understand and grasp the balance between risk and benefit, prevent and correct the risk of neglect, unilaterally pursue the benefits without saying the conditions and scope, and think that the risk is higher and the income is higher. It is also necessary to prevent the development opportunities from being abandoned simply to avoid risks.
Strengthen risk management and establish internal control
1. Establish an internal control post authorization system. Any organization or individual may not exceed the authorization to make risky decisions on the positions, conditions, scope and quota of authorization for each post involved in internal control;
2. Establish an internal control reporting system. Clearly stipulate the rapporteur and the rapporteur, the time, content, frequency, delivery route, department and personnel responsible for handling the report, etc.;
3. Establish an internal control approval system. For the important matters involved in internal control, clearly specify the procedures, conditions, scope and quota of approval, the necessary files, and the departments and personnel authorized to approve and their corresponding responsibilities;
4. Establish an internal control responsibility system. In accordance with the principle of the unity of rights, obligations and responsibilities, clearly stipulate the responsibilities and rewards and punishments system of all relevant departments and business units, positions and personnel;
5. Establish an internal control audit and inspection system. Combine the relevant requirements, methods, standards and procedures of internal control, clearly stipulate the objects, contents, methods and departments responsible for auditing and inspection;
6. Establish an internal control assessment system. Eligible enterprises should link the implementation of risk management of each business unit with performance compensation;
7. Establish a major risk early warning system. Continuous monitoring of major risks, timely release of early warning information, development of emergency plans, and adjustment of control measures according to changes in circumstances;
8. Establish and improve the corporate legal advisory system, vigorously strengthen the construction of the corporate legal risk prevention mechanism, and form a legal risk responsibility system led by the decision-making level of the enterprise, the legal advisor provides the business guarantee, and all employees participate together;
9. Establish a system of checks and balances on important positions, and clearly define the separation of incompatible duties. It mainly includes: authorization for authorization, business management, accounting records, property custody and audit inspection. For the important positions involved in the internal control, one post can be set up for double, double-duty, double-responsibility, and mutual restraint; the supervisory measures and supervisory responsibilities that should be taken by the superior department or personnel of the post should be clarified; The focus is equal.
Part II Daily Legal Services
Answer legal advice and provide advice for legal business.
On behalf of modifying or drafting various types of contracts, strive to obtain the maximum benefit within the scope permitted by law.
Conduct a comprehensive review of the authenticity, legality, and validity of the contract signed by the company and provide legal advice.
Entrusted by the hiring party, witnessed by the employer, and produced non-litigation legal affairs such as legal opinions and lawyers' letters.
Entrusted to act as an agent of the employer, participate in economic contract disputes, mediation, arbitration or litigation activities of labor disputes, seek fair handling of disputes, and safeguard the legitimate rights and interests of the employer.
Assist the hiring party to clear creditor's rights and debts, and formulate a debt collection plan; entrusted by the hiring party to participate in mediation, arbitration or litigation to ensure the realization of the hiring party's creditor's rights.
According to the needs of the hiring party, assist the hiring party to carry out relevant legal publicity activities, educate employees to abide by laws and regulations, and use legal means to strengthen enterprise management.
Provide the middle-level cadres of the company with laws, regulations and the most commonly used legal provisions. According to the needs of the employer, conduct relevant legal knowledge presentations.
Provide senior corporate executives with regular legal advice related to their business activities, provide relevant legal information, explain relevant legal provisions, and provide legal advice for high-level decision-making.
Timely modify and supplement the contract, and formulate a series of standard internal and external contractual contracts for the company and the various departments of the group.
Clear out the contract business that needs to be recovered in time, list the method and timetable for the recovery, and ensure the timeliness of the lawsuit to protect the company and the company.
Second, legal advisor service methods:
1. Provide legal advice:
Provide specific legal advice on relevant laws, regulations and business issues by means of oral answers, written answers, online answers, legal opinions, participation in seminars, and seminars.
2, the book
Drafting and revising various legal affairs files and litigation documents.
3. Agency arbitration, litigation, and execution. :
Agency economic, civil, administrative, labor disputes;
Agency arbitration case;
The enforcement of the legal documents of the agency company.
4. Lawyer witness:
In accordance with the law, witness the legality, authenticity, and authenticity of legal acts, legal files, and contracts.
5. Review, clean up, modify, supplement the contract and provide a standard format contract.
6. Conduct legal knowledge training and provide relevant laws and regulations.
7. Featured services: Online consultation, answering questions from consultants online, drafting and modifying various legal affairs files and litigation documents through online transmission, service is fast and efficient, and saves business costs.
8. General matters such as written consultation, contract modification and review, and publication of legal notices shall be completed within three working days;
9. Regularly conduct customer satisfaction surveys by legal counsel to improve the work of lawyers.
Third, legal advisor service commitment:
Our goal is to minimize the legal risk of your company's operations through our legal services and ultimately embark on a standardized, legalized operational track.
When necessary, your company will submit the required legal service requirements in writing according to the nature of the company, its operating characteristics, the current situation, the problems that need to be solved, the development plan, etc., so that we can make a more comprehensive solution in a targeted manner. Program.
After establishing a legal advisory relationship with our clients, we not only provide legal consulting services for our clients, but also provide relevant legal services to our clients' affiliates or individual investors upon request.
We will negotiate a fixed annual legal advisor fee with the client so that the client can make an annual budget; in general, the client can determine the possible legal cost budget based on the company's growth stage, business characteristics, revenue, company size, etc.
All information about the customer's situation, trade secrets, business practices, etc. that we know during the legal advisory relationship, regardless of whether we have a legal advisory relationship with the client, we are obligated to keep confidential.
Fourth, legal counsel service charges:
Legal counseling fees and legal counsel fees for general day-to-day legal counsel are included in the legal counsel fees paid by the employer.
For some of the daily legal services, additional fees are:
1. Drafting, formulating, and participating in negotiations on a large amount of a major contract or contract mark;
2. Business agent;
3. Issue legal opinions;
4. Issue a lawyer's letter;
5. The lawyer will negotiate to recover the money for the employer;
6. Investigation and evidence collection of legal affairs;
7. Other legal matters that are negotiated separately with the employer.
The standard of some fee-based service items in the daily legal counsel is collected according to the provisions of the “Implementation Measures for the Administration of Beijing Lawyer Service Charges”.
The agent involved in the lawsuit needs to sign a separate agency contract and charge. In principle, the fees are based on the National Development and Reform Commission, the Law Department's "Procedures for the Management of Lawyers' Fees", the "Measures for the Implementation of the Beijing Lawyer Service Charges" and the "Beijing Lawyer Litigation Agency Service". The fees stipulated in the Standards for Fees and Government Guided Prices are negotiated and collected.
Other fees are subject to negotiation.
1. Perennial legal counsel:
1 registered capital is less than 1 million: 50,000-100,000 yuan / year;
2 registered capital 100--500 million: 100,000-300,000 yuan / year;
3 registered capital of more than 5 million: 300,000 yuan / year.
2. Special legal counsel
Legal risk management is based on the full understanding of the legal risk subject's own goals, conditions and the environment in which it is located. It is based on the overall objectives of the enterprise, the characteristics of the enterprise and the industry in which it is located, and the external factors of the enterprise. The system means to make full use of the rights granted by the law, and to control the entire process of legal affairs based on prior control to avoid or reduce the adverse consequences of corporate legal risks.
According to the actual situation of the enterprise, the time required for information collection, analysis, decision-making, and the establishment of a legal risk management system, the two parties negotiate fees. If the fees are settled in a chronological manner, the two parties negotiate to determine the establishment and requirements of the legal risk management system. The total number of hours is then negotiated between 1000-3000 RMB per hour.
[Note: Legal counsel fees are collected by law firms, and lawyers are prohibited from personal charges]
V. Hire a legal advisor
Understand the scope of work and fees of perennial legal counsel, and conduct exploratory talks with law firms and lawyers;
Exchange requirements for business, basic business conditions, and legal advisory services;
Consultation on the textual provisions of the “Arbitration of the Annual Legal Adviser Contract” provided by the law firm;
Signed the “Contracting a Perennial Legal Adviser Contract”;
According to the "Arbitration of the Annual Legal Adviser Contract", the law firm is required to pay the legal counsel fee;
After the fee is charged, the designated lawyer shall immediately start the work, except as otherwise agreed in the “Contracting the Annual Legal Adviser Contract”;
Regular legal seminars, seminars and other activities are held.
The term of the "permanent legal counsel contract" is generally three years. In the fourth year, after a follow-up by consensus, a long-term legal counsel contract of four to seven years can also be signed.
Sixth, it is recommended that your company choose a law firm or lawyer should pay attention to the problem
Attention should be paid to the reputation of law firms, the ability of lawyers to work, and the attitude of lawyers.
Hiring a perennial legal counsel is a long-term business strategy, not a short-term one. Therefore, the focus should be on investigating the ability of law firms and lawyers. "There is a specialization in the surgery industry." Don't go to the lawyer's reputation to choose; don't choose a lawyer who dares to shoot anything; don't choose a law firm or lawyer with a low price.
The balance of the lawyer's fees, such as taxes, office fees, social security fees, registration training fees, etc., is the lawyer's personal labor remuneration, and the above-mentioned main expenses account for about 50% of the lawyer's fees or even higher.
Meeting with law firms and lawyers should be attended by corporate CEOs.
What kind of situation is the enterprise, what kind of affairs need to be dealt with, the corporate CEO is "knowing it", and other employees in the enterprise cannot do it. It is recommended not to assign the general staff to talk about the first round. The average employee is often half-hearted in communicating with lawyers due to the limitations of objective conditions. It even gives the company the result of “walking through or missing”.
Part 3: Legal Adviser Service Program
I. Principles for providing legal advisory services
1. Provide institutionalized legal services to promote communication and integration between the firm and your company;
2. Through the legal services provided by the firm, the time for your company to solve the problem through legal channels will be advanced to the event beforehand and in the event, mainly to prevent the occurrence of disputes and litigation, and to achieve better problem solving. effect.
3. Guarantee the timeliness and professionalism of providing legal services to your company through the “team work mode” of our lawyers' working group.
Second, specific legal service work
In the prior stage, our lawyers will do the following work:
1. Assist your company to establish a sound contract management, debt management system, review and modify contracts, and participate in the negotiation of major contracts.
1) Assist your company in reviewing and modifying the sample of contracts commonly used by your company, and try your best to avoid disputes.
2) Assist your company to establish a creditor's rights management system and program and institutionalize the collection work.
3) Assist your company to establish a sound contract management system.
4) Assist your company to review and revise the contract text, and participate in the negotiation of major projects of your company if necessary, and provide decision-making advice on the legal aspects.
2. Assist your company to improve personnel management, labor management and various rules and regulations. It mainly seeks to coordinate labor relations within the institutional framework and create a stable, harmonious and benign interactive labor and management environment for the company.
1) Assist your company in a complete personnel management system.
2) Assist your company in completing a labor management system and try its best to avoid labor disputes.
3) Assist in the construction of various systems such as safety, fire protection and production of your company.
4) Assist your company to improve the legal procedures and evidence preservation system for solving labor disputes, and prevent problems before they occur.
3. Assist your company to establish a sound intellectual property rights protection system and provide daily and specialized legal services for your company to protect its intellectual property rights.
1) Assist your company to establish a protection system for intellectual property rights. Through institutionalized arrangements, rationalize the intellectual property rights of your company and determine the corresponding protection methods.
2) Assist your company to improve the trade secret protection system, pay attention to the reasonable connection between business secrets and other intellectual property rights and provide corresponding protection methods for your decision-making.
3) Provide legal advice for your company's trademark registration application, various patents, such as design registration applications, and special agents to review and revise the licenses for various intellectual property rights and participate in the negotiation of the use of major intellectual property rights.
4) The lawyer's service focus focuses on the institutional and daily protection mechanisms that assist in the establishment of intellectual property rights. In the event of a violation of your intellectual property rights or the possibility of such a violation, the lawyer will try his best to promote a peaceful and speedy resolution of the situation, and assist your company to prepare evidence to make all legal preparations for the subsequent fight against infringement.
5) In the review of the daily contract, the lawyer will pay special attention to the detailed review of the relevant provisions of the intellectual property rights, so as to avoid your company's passive position in the maintenance of intellectual property rights in the event of future disputes.
6) Focus on carrying out various types of popularization and business training activities for your department related to the protection of intellectual property rights, strengthen the awareness of legal protection of intellectual property rights of relevant personnel, and awareness of risk prevention, thereby reducing the legal risks of your company in the course of business operations.
In short, the principle of providing legal services for lawyers in protecting intellectual property rights is to help establish preventive protection mechanisms and to eliminate risk factors in the bud.
4. Assist in the development of various types of popularization and business training activities according to the needs of your judicial system construction, and enhance the legal awareness of the management personnel of each department of your company.
1) Legal training includes two forms:
1 Lecture form: According to the time, place and subject arranged by your company, the lawyer appointed by the firm will give special lectures to all the management personnel of your company to explain relevant legal knowledge, including contract law, company law, intellectual property rights regulations, etc. All management personnel carry out legal training and legal education.
2 The format of the seminar: According to the different needs of each business department of your company, according to the arrangement of your company, discuss with the heads of various business departments, responsible persons and relevant leaders on the legal issues encountered by the department in the past or present work. It is characterized by specific analysis and discussion on legal issues at work to help managers make decisions and reduce legal risks. It is highly targeted.
2) According to the requirements of your company, provide timely and professional legal advice on legal issues encountered by your company in the course of business operation, and issue special legal opinions.
At the stage of the event, our lawyers will perform the following tasks:
Our lawyers will visit all departments of your company on a regular basis to get to know and communicate with the middle managers of your department and strive for trust. This is because the company's middle management personnel are the first to contact the company's important work tasks during the company's operation and operation. Through the contact and communication between the lawyers of the firm, the legal awareness is submerged and the habit of consulting lawyers is established. In this way, the legal risks in the operation of your company are greatly reduced. In the process of work exchange, we also achieve mutual understanding and trust between our lawyers and your middle management cadres, which will enable us to provide more efficient and professional legal services for your company.
In the aftermath, our lawyers will do the following work:
We believe that only by forming a complete prevention mechanism and dissolving disputes in advance or in the matter as far as possible, litigation or arbitration is our necessary choice only after exhausting various relief measures. Before litigation or arbitration, our lawyers will analyze the evidence of the case, the possibility of winning the case, the possibility of the judgment or the execution of the ruling, and issue legal opinions for your reference to assist your company in making decisions.
Third, the handling of conflicts of interest
In the course of our lawyer's perennial legal counsel, if your company has a dispute with another business unit or consultant of the firm, our lawyers will, with the consent of your company and the other party, your company and the other party. Dispute mediation, hoping to help your company resolve disputes. If the mediation is unsuccessful, our lawyers will report to your company and the other party. Our lawyers will not represent any party involved in the handling of disputes, including litigation and arbitration, in order to maintain a neutral position in the conflict of interest, thus avoiding conflicts of interest.
Fourth, legal advisor team service
In order to enable your company to get timely assistance from all aspects of expertise and avoid time conflicts due to our lawyers' business trips or other official duties, our special legal advisory team will serve your company. If the legal advisory team is on a business trip or appear in court, you will not be able to meet your requirements. To provide legal services to your company, we will promptly dispatch other lawyers to serve you. In this way, the occurrence of time conflicts can be largely avoided, and the situation of “don't ask” is avoided from the system.
Five, service methods
This is the principle of providing timely and efficient legal advisory services. The service methods for your company are as follows:
1. Assign a relatively fixed legal service team to provide legal services to your company.
2. Regularly, the consultants assigned by the firm will provide legal services to your company.
3. Your company can invite consultant team lawyers to your company for legal affairs research according to the needs of the work.
4. Your company may also seek legal advice from consultants at any time by telephone, fax or e-mail, or send staff to the firm to conduct legal research with lawyers and listen to legal opinions of lawyers.
5. The company has a special customer service department, responsible for systematic communication with your company, and timely feedback of your company's opinions, in order to continuously improve the legal services of the firm.
In the course of the service, you are kindly requested to provide valuable comments to help the Institute improve and improve the quality of legal services. In addition, we will be happy to provide you with all-round professional legal services in addition to the above projects. The specific matters are determined according to the specific work.
Part 4: Legal Adviser Service Program
1. The scope of the company's perennial legal advisor services
According to the Law of the People's Republic of China on Lawyers and relevant industry regulations, the main matters of the legal counsel Zhou Yang lawyers providing perennial legal counsel services are as follows:
1. Reply to the legal advice related to the company's daily business activities in the form of written correspondence, email, fax, telephone, etc., and propose solutions or issue legal opinions in accordance with the actual situation;
2. According to the company's requirements, participate in the company's major decision-making meetings, conduct legal analysis, risk assessment, and program demonstration to provide advice and legal basis for company decision-making;
3. According to the company's requirements, participate in the negotiation of the company's major business cooperation projects as the company's legal advisor, provide legal basis for the project and issue legal opinions;
4. Participate in drafting or reviewing internal system files such as company rules and regulations, reward and punishment plan, authorization system, printing management approval system, file management, contract management, confidentiality system, internal control degree, etc. according to company requirements;
5. Assist in the formulation, review or modification of legal documents signed by the company and third parties related to the company's daily business activities, such as contracts, agreements and memoranda;
6. Accept the company's entrustment, sign, deliver or accept the legal files issued by the third party to the company;
7. At the request of the company, conduct argumentation on the disputes that the company has faced or may have, propose solutions, issue lawyers' letters to issue lawyers' opinions when necessary, or participate in non-litigation negotiations, coordination, mediation, and seek reconciliation;
8. According to the actual needs of the company, the relevant senior management personnel of the company will be taught relevant legal knowledge and policy guidance to improve the awareness of legal risk prevention;
9. Coordinate and handle internal disputes of the company according to the requirements of the company;
10. Entrusted by the company to propose an emergency disposal plan for major crisis events; if necessary, the decision-making level agrees to issue a lawyer's statement on behalf of the company, clarify the facts, show the company's position, and maintain the company's public image;
11. Handle other legal matters agreed by both parties.
12. Upon the separate entrustment of the company, it handles special legal affairs on behalf of the company and its subsidiaries and affiliated companies: it involves economic, civil, labor, administrative and other special agency matters that must enter the lawsuit of litigation or arbitration; involving company bidding, foreign investment, Special legal affairs such as financing, restructuring, mergers and acquisitions, asset disposal, listing, witness, etc.; involving patent application, reconsideration, confirmation, invalidation, infringement compensation, transfer, trademark registration application, confirmation, infringement, renewal, transfer, improper Competition, trade secret protection, technology transfer, software copyright registration, infringement compensation, transfer, franchise and other professional intellectual property rights related to intellectual property rights.
For the employer unit that has signed the annual legal counsel contract, the consultant lawyer will not charge the lawyer's fee in addition to the legal counsel fee when handling the above-mentioned legal matters 1 to 11; the consultant lawyer handles the above 12 special legal affairs. When the law firm collects the special legal service fees, it will give corresponding preferential treatment and give priority to relevant legal affairs. If necessary, an expert team can be organized to participate.
Second, the implementation of legal services
"Legal examination"
With the approval of the company's decision-making level, the legal risk census and evaluation plan is proposed, the relevant departments and responsible persons are informed of the situation, the census report and the evaluation report are submitted, and the company's decision-making level is issued with legal opinions in light of the actual situation of the company;
In response to the actual needs of the company in the economic contract management, labor and personnel system management, and the company's future development of capital operations, intellectual property rights strategy related legal affairs, consultant lawyers will work with the company's personnel to focus on the following legal services :
1. Participate in the drafting and review of the company's prescribed system to assist the company to gradually establish and improve the internal management system.
(1) The management license is legal, the management content is legal, and the management means are legal.
(2) The system must conform to the general environment and policy orientation of the national economic system, and must be consistent with the actual situation within the company. It is operational and beneficial to the business development needs of the enterprise.
(3) The systems avoid conflicts or omissions in content, maintain uniformity and legality in the approval and distribution procedures, and establish a scientific and efficient authorization system.
2. Drafting and reviewing various economic contracts and doing a good job in contract management
(1) Establish a sound contract management system, from the process of contract signing and approval, the granting of license rights to the production of format texts, the management of contract special chapters, the registration of contracts, the borrowing and reconsideration, the archiving and account management, the contract performance supervision and statistical reports. We will make scientific design and detailed regulations to ensure and promote the smooth progress of various economic activities and control contract risks. Train and spot the relevant personnel as necessary.
(2) According to the specific business needs, draft or fill in important contract texts, review contract terms, eliminate legal obstacles, maximize the company's business will, reduce and avoid legal risks, and protect the company's interests.
(3) Timely settlement of new situations and disputes arising in the performance of the contract, good contract interpretation, follow-up and improvement of contract changes, additions or cancellation procedures.
3. The company's labor contract, labor relations management
(1) The production of various types of labor contract texts, coordination of labor relations, and assisting the human resources department to timely complete the relevant legal work of renewal and dismissal of labor contracts.
(2) Drafting and formulating employee competition restriction agreements, training agreements and trade secret protection agreements and related internal rules and regulations.
(3) Assist the human resources department and the finance department to perform the transfer audit of relevant personnel, and modify and improve the entry and exit procedures.
(4) Coordinate various types of labor disputes, resolve labor disputes in a timely manner, handle various types of labor arbitration and labor litigation matters according to special entrustment, guide the company to deal with employee work injuries and accidents, and provide compliance guidance for company layoffs.
(5) Provide timely and up-to-date relevant laws, regulations, and related information, and train staff with the Human Resources Department to conduct rule of law education and legal knowledge.
4、參與公司重大經濟項目的談判，協助關鍵性檔案的談判和起草、審核、提出修改意見和風險提示。
5、參與公司重大經營決策，結合公司經營實際，及時為公司重大決策提供動態法律諮詢服務
⑴ 確保決策有可靠的法律依據，避免決策的法律風險；
⑵ 促使公司在經濟活動中的合法權益最大化；
⑶ 論證決策在法律上的最佳方案，有利於決策目標的實現；
⑷ 從法律上為公司在經濟活動中應當獲得的利益提供有效的保護措施；
為此，根據公司要求，我們可參加公司決策會議，為公司領導決策提供諮詢意見，協助起草、修改、審核有關公司決策的重要檔案，必要時主動提出法律意見和建議。
6、配合公司的經營進展，提供資本運作相關的法律服務。
根據公司專項委託，做好公司收購、兼併、上市、招投標、項目融資、資產重組等專項法律事務。
7、公司商標、專利、著作權、商業秘密、反不正當競爭等智慧財產權管理
熟悉運用智慧財產權的專有性、地域性、時間性的特點，為公司的智慧財產權保護提供動態的保護和依法管理策略。指導公司商業秘密管理工作。
8、協助公司行政部門做好公司分支機構的設立與管理
9、其他為完成公司法律事務所必需的法律事務工作
10、根據公司專項委託，通過協商、調解等方式，代理公司解決專項法律糾紛，必要時提起訴訟或仲裁程式。對於已被起訴的訴訟案件，根據公司專項委託應訴。
另外，本所將根據公司經營與發展需要，向公司隨時提供最新法規和政策諮詢，為公司合規經營提供幫助。
三、擬提供的法律服務方式
1、本所擁有優越的網路信息資源，可以為公司提供高校的契約審查服務，真正做到無紙化辦公，安全保密，並且為公司節省相應的人力資源和物力資源。
2、應公司邀請，顧問律師可參加公司重要工作會議，重大經營活動和社會活動，以便隨時了解公司發展思路，深刻理解公司發展戰略和經營理念，結合公司發展實際提供具有前瞻性的法律服務。
3、在公司遇到重大法律事務時，應公司要求，顧問律師可以增派1名助手作為常駐律師在公司提供的工作場所定期值班，處理日常法律事務，或協助公司內部人員的日常工作。
4、對公司委託法律事務中的疑難法律問題，顧問律師可以召集相關領域的專家進行專家論證，提供專家論證意見。
5、當公司遇到突發緊急事件時，顧問律師可以提供危機因應舉措，妥善處置緊急事件，保護公司合法權益。
6、根據公司需要，不定期進行法律風險抽查，提出監控法律意見。
7、應公司要求，制定專項培訓方案，對相關人員進行專項法律培訓。
8、提供年度法律服務報告，總結該年度內相關法律事項處理情況。
四、律師服務費報價
1、針對中小企業，我們度身定做如下法律服務方案：
根據公司需求，經與公司協商，簽訂為期一年的常年法律顧問服務契約，公司只需支付3000元的基礎費用，預存服務費2000元，每月底與公司對賬，根據提供的服務內容從預存服務費中抵扣，當預存服務費餘額不足200元時，本所發出通知續交預存服務費，每次限額2000元，根據契約約定，全年服務費採取封頂限制，達到封頂金額後，在服務期內提供約定項目的法律服務不再額外收取律師費。若預存的服務費，公司在服務期內未使用或有剩餘，本所則在下一年度的第一月將剩餘費用退還公司，也可用作下一服務年度的法律顧問費。
2、根據公司的實際情況、專項法律事務的法律關係複雜程度、信息材料收集需耗費時間、分析、決策、實施等因素，可以採取以記時方式結算費用，由雙方協商確定該項法律事務所需總的工作小時數，然後按每小時200－3000元人民幣之間協商收取。
3、 根據國家發改委、法務部《律師服務收費管理辦法》及廣東省物價局、司法廳《律師服務收費管理實施辦法》的規定，結合公司實際情況和不同需求，顧問律師所提供不同的服務方案並給予相應報價，詳詢周律師，電話：13925256812，或電郵：XXXX
篇五：法律顧問服務方案
一、法律顧問服務工作流程
1、了解和熟悉公司的情況
了解公司的基本情況，包括公司歷史、公司目前的運營狀況、管理架構、部門結構、業務流程等；複印公司的工商執照、稅務登記等材料。
2、處理公司的歷史遺留問題
經深入了解公司情況，提出改進公司內部管理的建議；對歷史遺留問題加以梳理，重點解決突出的法律問題；保證公司的運營暢通。
3、規範公司的各類契約文本
收集公司各類契約文本，結合公司的實際情況，從法律角度進行分析研究，規範契約的各項要件，對原契約中欠缺之處加以修改和審定；協助制定標準的契約文本。
4、協助公司完善內部規章制度
通過對公司總體架構及運行情況的熟悉，找出其中的弊端，尋求完善的方案，充分調動公司各單元的活力；補充和完善公司的各項管理制度，制定切實有效的激勵約束機制，尋求公司效益最大化。
5、健全公司的人力資源體系
針對公司的人力資源管理現狀，提出整改、規範及完善的法律建議，根據公司情況確定是否專門立項，實施“健全人力資源體系”專題項目；針對公司的員工管理問題，建立完善的人力資源體系架構。
6、法律培訓與指導
為從整體上提高公司員工的法律素養和意識，應公司要求，結合公司自身情況，對在公司運行中涉及的專項問題，委派相應的具備施教才能、擁有施教背景的專業律師擔任主講老師，對公司的管理人員、一般員工及專題項目組成人員進行法律培訓和講座。
7、年終總結與綜合評價
回顧整年度的法律服務情況，由公司對服務質量及工作方法等作出綜合評價，同時就公司的現狀提出專業性整體評估，並與公司協商制訂下一年度的服務計畫，簽訂下一年度法律顧問的續約契約。
二、法律顧問服務具體實施方案
針對公司在契約管理、勞動人事制度管理等方面法律事務的實際需要，以及公司以後的發展對資本運作相關法律事務的需要，本律所重點做好以下法律服務工作：
參與起草、審核公司規章制度，協助公司逐步建立和完善內部管理制度
1、實現管理許可權合法、管理內容合法、管理手段合法。
2、制度既符合國家經濟體制的大環境，又與公司內部實際情況相符，具有可操作性。
3、對公司的各項制度進行梳理，各項制度在內容上避免相互衝突或遺漏。
起草、審查各類契約，做好契約管理工作
1、建立完善的契約管理制度，從契約會簽的流程、簽訂許可權的授予到格式文本的製作、契約專用章的管理、契約登記與台賬管理、契約履行監督都作出詳細的規定，保障和促進各項經濟活動的順利進行。
2、根據具體經營業務需要，起草或修改重要契約文本，審查契約條款，排除法律障礙，避免法律風險。
As a professional legal service organization, Chongqing Huahua Law Firm is our basic service product. The main work of the company's legal counsel includes:
First, provide comprehensive legal support for company decision makers
As a company's decision-makers, we need to consider the development of the company in a comprehensive and predictable manner. In the decision-making affairs of investment and financing, fixed assets construction, company legal structure arrangement, project arrangement, etc., there are many legal risks, if there is a professional lawyer. Intervention, the legal confusion of decision makers will be solved. Our lawyers will provide you with the most professional lawyer services, so that you can increase your wisdom in the decision-making process.
Second, the company's management management advisory services
Advising the company on day-to-day management
1. In the daily operation process of the company, there are many legal files to be drafted and revised internally and externally. The production of legal files is the expertise of lawyers. For a well-managed company, with the help of lawyers, strict review It will undoubtedly play a role of half the effort. Our lawyers will provide you with timely and effective lawyers' opinions through the communication with relevant personnel in accordance with the requirements of the legal advisors, such as labor management, credit collection, document delivery and management, business contacts, government negotiations, etc. The legality of management will effectively reduce the company's legal risks, and when necessary, issue legal opinions or lawyers' letters according to the company's requirements.
2. Providing legal advice to the company, accepting suggestions from the company's senior management or ordinary employees on the operation and development of the company and summarizing them, and making corresponding solutions to the potential legal risks of the company.
3. Contract signing service
The company's operation and management process involves a large number of contracts, and the establishment of the company's contract management system is the guarantee for the company's stable operation. Controlling contract traps and legal risks, professional lawyers have unique professional experience, and it is an important function of legal counsel to review and modify important contract texts by lawyers. Our lawyers can establish a contract system for the contract in the company's management. According to the company's customers and suppliers, under the premise of full communication with the company's relevant management personnel, the contractual terms of operability and no legal risk are formulated. At the time of signing and contract fulfillment, lawyers can be arranged to participate at any time. Lawyers can guarantee the smooth performance of the contract through qualification review, contract signing and transfer of lawyer's letter.
Participate in the negotiation of major economic projects of the company and issue legal opinions for investment and project establishment of major projects.
The agency handles non-litigation legal affairs, such as: economics, drafting labor contracts, issuing lawyers' letters to debtors, entrusting the company to issue relevant statements, and contractual witnesses, corporate legal opinions and other legal matters.
3. The agency shall conduct litigation, participate in mediation, settlement and arbitration activities, and shall, in accordance with the information provided by the company, prepare for the prevention or pre-litigation and respond to the work that may cause disputes.
4. Our institute has carried out professional legal services for labor for various types of units for many years. According to the actual situation of the consultants, the general goal of “labor labor risk control and conservation” was put forward, and a legal, complete and independent service plan was proposed.
V. Legal information supply and consulting services
As a professional legal service intermediary, the firm has a wide range of social resources and a database of laws and regulations covering various fields. In the course of business management, if the consultants encounter legal problems that are difficult to solve, they can communicate with consultants, consult and consult relevant legal and regulatory materials at any time to avoid legal risks caused by the lack of legal information. The new laws and regulations as well as the policy provisions will be publicized and explained to the consultants in a timely manner. Consultant lawyers will also provide free advice on private legal issues for employees of legal advisors.
6. Legal training services
The lawyers of the firm provide legal training for the company's employees. The firm has experienced lawyers to provide training services for the company. The purpose is to improve the legal awareness and overall quality of the employees, so that employees can be in the process of business activities. There is more than one kind of legal thinking. Achieve compliance and work in the consulting unit.
7. Consultant service methods and lawyers' arrangements
In order to standardize the work of the consultant's perennial legal counsel, we provide quality legal services to the consultants with due diligence based on the principle of “providing the most timely legal services to our clients”. We intend to arrange legal counsel on a regular and irregular basis. jobs.
For the handling of urgent legal matters, we have a 24-hour working system for timely contact. In addition to temporary emergency services, the regular work system is arranged as follows:
Ensure that the consultant's lawyers contact and communicate with the consultants no less than once in each of the two weeks. The main work content is:
1. Answer all kinds of legal consultations proposed by the consultants on the spot;
2. Collecting and reviewing various situations that may have been identified by the consultant unit or have already occurred;
3. For cases in which the advisory unit needs to file a lawsuit and respond to the lawsuit, collect all kinds of evidence materials in a timely manner and propose a case handling plan;
Regular legal service meetings are held every quarter. The consultant lawyer and the consultant unit liaison focus on the work of the legal consultants in the previous stage of the consultant unit. Discuss and resolve problems raised by difficult problems, cases and consultants. The main content of the meeting will be:
1. Summarize the work of legal services in the last two months;
2. Discuss the difficult issues raised by the consultants;
3. Formulate a quarterly legal service work plan.
The year-end lawyer consultant submits the annual summary of the legal advisor's work and the satisfaction survey to the consultant.
In addition to the daily legal counsel work, for major projects, the firm will organize our professional lawyers to complete various specialized legal projects entrusted by the consultants.
The firm and lawyer counsel have the obligation to keep confidential the relevant information involved in the business of the consultant.
Eight, the collection of consultant fees
The perennial legal counsel fee annual fee is determined by means of negotiation, generally more than 12,000 yuan. In order to let customers understand and feel the level and attitude of our service, the annual legal counsel fee can be charged between 8,000 yuan and 10,000 yuan in the first year. If the customer feels bad, we will no longer serve as legal counsel in the second year. If the customer feels good, the consultant lawyer can be trusted and can cooperate for a long time. In the second year, we will not be less than 12,000 yuan per year. The service includes the daily routine of the company. Various non-litigation legal services involved in business management. When your company is involved in litigation and arbitration, we will reduce the fee by half according to the "Chongqing Lawyer Service Guiding Charges".
If we can cooperate with your company, the content of specific lawyer services, we adjust our service plan and expenses as appropriate according to the specific circumstances and requirements of your company.
Part 2: Legal Adviser Service Program
I. Legal counseling services
Part I Legal Risk Management Service
Collect legal information and cases related to the company's business
In order to control the company's legal risks, the law should widely collect cases in which domestic and foreign enterprises ignore the risks of laws and regulations, lack of countermeasures, and cause losses to enterprises, and at least collect the following information related to the company:
1. The political and legal environment related to the enterprise at home and abroad;
2. New laws, regulations and policies affecting enterprises;
3. Business processes or links that have occurred or are prone to errors in the management of quality, safety, environmental protection, and information security;
4. Compliance with employee ethics and factors that cause loss of business or failure of business control system due to moral hazard of internal and external personnel;
5. Major agreements and relevant trade contracts signed by the enterprise;
6. The circumstances of major legal disputes occurred in the enterprise;
7. The intellectual property rights of enterprises and competitors.
Combine the company's business and evaluate and analyze the company's legal risks
1. Combine the company's business processes, find out whether there are legal risks in the business units, important business activities and important business processes of the company, and what are the legal risks; clearly define the legal risks and their characteristics, analyze and Describe the level of legal risk occurrence and the conditions under which legal risks occur; assess the extent to which legal risks affect the company's objectives, and the value of legal risks.
2. When assessing a number of legal risks, the legal risk coordinate map should be drawn based on the assessment of the probability of legal risk and the degree of impact on the target. The legal risks should be compared and the management of various legal risks should be initially determined. Priorities and strategies.
3. Determine the risk preference and risk tolerance according to different business characteristics, that is, what risks the enterprise is willing to bear, clarify the minimum risk and the maximum limit that cannot be exceeded, and determine the risk warning line and the corresponding countermeasures accordingly. Determine the risk appetite and risk tolerance, correctly understand and grasp the balance between risk and benefit, prevent and correct the risk of neglect, unilaterally pursue the benefits without saying the conditions and scope, and think that the risk is higher and the income is higher. It is also necessary to prevent the development opportunities from being abandoned simply to avoid risks.
Strengthen risk management and establish internal control
1. Establish an internal control post authorization system. Any organization or individual may not exceed the authorization to make risky decisions on the positions, conditions, scope and quota of authorization for each post involved in internal control;
2. Establish an internal control reporting system. Clearly stipulate the rapporteur and the rapporteur, the time, content, frequency, delivery route, department and personnel responsible for handling the report, etc.;
3. Establish an internal control approval system. For the important matters involved in internal control, clearly specify the procedures, conditions, scope and quota of approval, the necessary files, and the departments and personnel authorized to approve and their corresponding responsibilities;
4. Establish an internal control responsibility system. In accordance with the principle of the unity of rights, obligations and responsibilities, clearly stipulate the responsibilities and rewards and punishments system of all relevant departments and business units, positions and personnel;
5. Establish an internal control audit and inspection system. Combine the relevant requirements, methods, standards and procedures of internal control, clearly stipulate the objects, contents, methods and departments responsible for auditing and inspection;
6. Establish an internal control assessment system. Eligible enterprises should link the implementation of risk management of each business unit with performance compensation;
7. Establish a major risk early warning system. Continuous monitoring of major risks, timely release of early warning information, development of emergency plans, and adjustment of control measures according to changes in circumstances;
8. Establish and improve the corporate legal advisory system, vigorously strengthen the construction of the corporate legal risk prevention mechanism, and form a legal risk responsibility system led by the decision-making level of the enterprise, the legal advisor provides the business guarantee, and all employees participate together;
9. Establish a system of checks and balances on important positions, and clearly define the separation of incompatible duties. It mainly includes: authorization for authorization, business management, accounting records, property custody and audit inspection. For the important positions involved in the internal control, one post can be set up for double, double-duty, double-responsibility, and mutual restraint; the supervisory measures and supervisory responsibilities that should be taken by the superior department or personnel of the post should be clarified; The focus is equal.
Part II Daily Legal Services
Answer legal advice and provide advice for legal business.
On behalf of modifying or drafting various types of contracts, strive to obtain the maximum benefit within the scope permitted by law.
Conduct a comprehensive review of the authenticity, legality, and validity of the contract signed by the company and provide legal advice.
Entrusted by the hiring party, witnessed by the employer, and produced non-litigation legal affairs such as legal opinions and lawyers' letters.
Entrusted to act as an agent of the employer, participate in economic contract disputes, mediation, arbitration or litigation activities of labor disputes, seek fair handling of disputes, and safeguard the legitimate rights and interests of the employer.
Assist the hiring party to clear creditor's rights and debts, and formulate a debt collection plan; entrusted by the hiring party to participate in mediation, arbitration or litigation to ensure the realization of the hiring party's creditor's rights.
According to the needs of the hiring party, assist the hiring party to carry out relevant legal publicity activities, educate employees to abide by laws and regulations, and use legal means to strengthen enterprise management.
Provide the middle-level cadres of the company with laws, regulations and the most commonly used legal provisions. According to the needs of the employer, conduct relevant legal knowledge presentations.
Provide senior corporate executives with regular legal advice related to their business activities, provide relevant legal information, explain relevant legal provisions, and provide legal advice for high-level decision-making.
Timely modify and supplement the contract, and formulate a series of standard internal and external contractual contracts for the company and the various departments of the group.
Clear out the contract business that needs to be recovered in time, list the method and timetable for the recovery, and ensure the timeliness of the lawsuit to protect the company and the company.
Second, legal advisor service methods:
1. Provide legal advice:
Provide specific legal advice on relevant laws, regulations and business issues by means of oral answers, written answers, online answers, legal opinions, participation in seminars, and seminars.
2, the book
Drafting and revising various legal affairs files and litigation documents.
3. Agency arbitration, litigation, and execution. :
Agency economic, civil, administrative, labor disputes;
Agency arbitration case;
The enforcement of the legal documents of the agency company.
4. Lawyer witness:
In accordance with the law, witness the legality, authenticity, and authenticity of legal acts, legal files, and contracts.
5. Review, clean up, modify, supplement the contract and provide a standard format contract.
6. Conduct legal knowledge training and provide relevant laws and regulations.
7. Featured services: Online consultation, answering questions from consultants online, drafting and modifying various legal affairs files and litigation documents through online transmission, service is fast and efficient, and saves business costs.
8. General matters such as written consultation, contract modification and review, and publication of legal notices shall be completed within three working days;
9. Regularly conduct customer satisfaction surveys by legal counsel to improve the work of lawyers.
Third, legal advisor service commitment:
Our goal is to minimize the legal risk of your company's operations through our legal services and ultimately embark on a standardized, legalized operational track.
When necessary, your company will submit the required legal service requirements in writing according to the nature of the company, its operating characteristics, the current situation, the problems that need to be solved, the development plan, etc., so that we can make a more comprehensive solution in a targeted manner. Program.
After establishing a legal advisory relationship with our clients, we not only provide legal consulting services for our clients, but also provide relevant legal services to our clients' affiliates or individual investors upon request.
We will negotiate a fixed annual legal advisor fee with the client so that the client can make an annual budget; in general, the client can determine the possible legal cost budget based on the company's growth stage, business characteristics, revenue, company size, etc.
All information about the customer's situation, trade secrets, business practices, etc. that we know during the legal advisory relationship, regardless of whether we have a legal advisory relationship with the client, we are obligated to keep confidential.
Fourth, legal counsel service charges:
Legal counseling fees and legal counsel fees for general day-to-day legal counsel are included in the legal counsel fees paid by the employer.
For some of the daily legal services, additional fees are:
1. Drafting, formulating, and participating in negotiations on a large amount of a major contract or contract mark;
2. Business agent;
3. Issue legal opinions;
4. Issue a lawyer's letter;
5. The lawyer will negotiate to recover the money for the employer;
6. Investigation and evidence collection of legal affairs;
7. Other legal matters that are negotiated separately with the employer.
The standard of some fee-based service items in the daily legal counsel is collected according to the provisions of the “Implementation Measures for the Administration of Beijing Lawyer Service Charges”.
The agent involved in the lawsuit needs to sign a separate agency contract and charge. In principle, the fees are based on the National Development and Reform Commission, the Law Department's "Procedures for the Management of Lawyers' Fees", the "Measures for the Implementation of the Beijing Lawyer Service Charges" and the "Beijing Lawyer Litigation Agency Service". The fees stipulated in the Standards for Fees and Government Guided Prices are negotiated and collected.
Other fees are subject to negotiation.
1. Perennial legal counsel:
1 registered capital is less than 1 million: 50,000-100,000 yuan / year;
2 registered capital 100--500 million: 100,000-300,000 yuan / year;
3 registered capital of more than 5 million: 300,000 yuan / year.
2. Special legal counsel
Legal risk management is based on the full understanding of the legal risk subject's own goals, conditions and the environment in which it is located. It is based on the overall objectives of the enterprise, the characteristics of the enterprise and the industry in which it is located, and the external factors of the enterprise. The system means to make full use of the rights granted by the law, and to control the entire process of legal affairs based on prior control to avoid or reduce the adverse consequences of corporate legal risks.
According to the actual situation of the enterprise, the time required for information collection, analysis, decision-making, and the establishment of a legal risk management system, the two parties negotiate fees. If the fees are settled in a chronological manner, the two parties negotiate to determine the establishment and requirements of the legal risk management system. The total number of hours is then negotiated between 1000-3000 RMB per hour.
[Note: Legal counsel fees are collected by law firms, and lawyers are prohibited from personal charges]
V. Hire a legal advisor
Understand the scope of work and fees of perennial legal counsel, and conduct exploratory talks with law firms and lawyers;
Exchange requirements for business, basic business conditions, and legal advisory services;
Consultation on the textual provisions of the “Arbitration of the Annual Legal Adviser Contract” provided by the law firm;
Signed the “Contracting a Perennial Legal Adviser Contract”;
According to the "Arbitration of the Annual Legal Adviser Contract", the law firm is required to pay the legal counsel fee;
After the fee is charged, the designated lawyer shall immediately start the work, except as otherwise agreed in the “Contracting the Annual Legal Adviser Contract”;
Regular legal seminars, seminars and other activities are held.
The term of the "permanent legal counsel contract" is generally three years. In the fourth year, after a follow-up by consensus, a long-term legal counsel contract of four to seven years can also be signed.
Sixth, it is recommended that your company choose a law firm or lawyer should pay attention to the problem
Attention should be paid to the reputation of law firms, the ability of lawyers to work, and the attitude of lawyers.
Hiring a perennial legal counsel is a long-term business strategy, not a short-term one. Therefore, the focus should be on investigating the ability of law firms and lawyers. "There is a specialization in the surgery industry." Don't go to the lawyer's reputation to choose; don't choose a lawyer who dares to shoot anything; don't choose a law firm or lawyer with a low price.
The balance of the lawyer's fees, such as taxes, office fees, social security fees, registration training fees, etc., is the lawyer's personal labor remuneration, and the above-mentioned main expenses account for about 50% of the lawyer's fees or even higher.
Meeting with law firms and lawyers should be attended by corporate CEOs.
What kind of situation is the enterprise, what kind of affairs need to be dealt with, the corporate CEO is "knowing it", and other employees in the enterprise cannot do it. It is recommended not to assign the general staff to talk about the first round. The average employee is often half-hearted in communicating with lawyers due to the limitations of objective conditions. It even gives the company the result of “walking through or missing”.
Part 3: Legal Adviser Service Program
I. Principles for providing legal advisory services
1. Provide institutionalized legal services to promote communication and integration between the firm and your company;
2. Through the legal services provided by the firm, the time for your company to solve the problem through legal channels will be advanced to the event beforehand and in the event, mainly to prevent the occurrence of disputes and litigation, and to achieve better problem solving. effect.
3. Guarantee the timeliness and professionalism of providing legal services to your company through the “team work mode” of our lawyers' working group.
Second, specific legal service work
In the prior stage, our lawyers will do the following work:
1. Assist your company to establish a sound contract management, debt management system, review and modify contracts, and participate in the negotiation of major contracts.
1) Assist your company in reviewing and modifying the sample of contracts commonly used by your company, and try your best to avoid disputes.
2) Assist your company to establish a creditor's rights management system and program and institutionalize the collection work.
3) Assist your company to establish a sound contract management system.
4) Assist your company to review and revise the contract text, and participate in the negotiation of major projects of your company if necessary, and provide decision-making advice on the legal aspects.
2. Assist your company to improve personnel management, labor management and various rules and regulations. It mainly seeks to coordinate labor relations within the institutional framework and create a stable, harmonious and benign interactive labor and management environment for the company.
1) Assist your company in a complete personnel management system.
2) Assist your company in completing a labor management system and try its best to avoid labor disputes.
3) Assist in the construction of various systems such as safety, fire protection and production of your company.
4) Assist your company to improve the legal procedures and evidence preservation system for solving labor disputes, and prevent problems before they occur.
3. Assist your company to establish a sound intellectual property rights protection system and provide daily and specialized legal services for your company to protect its intellectual property rights.
1) Assist your company to establish a protection system for intellectual property rights. Through institutionalized arrangements, rationalize the intellectual property rights of your company and determine the corresponding protection methods.
2) Assist your company to improve the trade secret protection system, pay attention to the reasonable connection between business secrets and other intellectual property rights and provide corresponding protection methods for your decision-making.
3) Provide legal advice for your company's trademark registration application, various patents, such as design registration applications, and special agents to review and revise the licenses for various intellectual property rights and participate in the negotiation of the use of major intellectual property rights.
4) The lawyer's service focus focuses on the institutional and daily protection mechanisms that assist in the establishment of intellectual property rights. In the event of a violation of your intellectual property rights or the possibility of such a violation, the lawyer will try his best to promote a peaceful and speedy resolution of the situation, and assist your company to prepare evidence to make all legal preparations for the subsequent fight against infringement.
5) In the review of the daily contract, the lawyer will pay special attention to the detailed review of the relevant provisions of the intellectual property rights, so as to avoid your company's passive position in the maintenance of intellectual property rights in the event of future disputes.
6) Focus on carrying out various types of popularization and business training activities for your department related to the protection of intellectual property rights, strengthen the awareness of legal protection of intellectual property rights of relevant personnel, and awareness of risk prevention, thereby reducing the legal risks of your company in the course of business operations.
In short, the principle of providing legal services for lawyers in protecting intellectual property rights is to help establish preventive protection mechanisms and to eliminate risk factors in the bud.
4. Assist in the development of various types of popularization and business training activities according to the needs of your judicial system construction, and enhance the legal awareness of the management personnel of each department of your company.
1) Legal training includes two forms:
1 Lecture form: According to the time, place and subject arranged by your company, the lawyer appointed by the firm will give special lectures to all the management personnel of your company to explain relevant legal knowledge, including contract law, company law, intellectual property rights regulations, etc. All management personnel carry out legal training and legal education.
2 The format of the seminar: According to the different needs of each business department of your company, according to the arrangement of your company, discuss with the heads of various business departments, responsible persons and relevant leaders on the legal issues encountered by the department in the past or present work. It is characterized by specific analysis and discussion on legal issues at work to help managers make decisions and reduce legal risks. It is highly targeted.
2) According to the requirements of your company, provide timely and professional legal advice on legal issues encountered by your company in the course of business operation, and issue special legal opinions.
At the stage of the event, our lawyers will perform the following tasks:
Our lawyers will visit all departments of your company on a regular basis to get to know and communicate with the middle managers of your department and strive for trust. This is because the company's middle management personnel are the first to contact the company's important work tasks during the company's operation and operation. Through the contact and communication between the lawyers of the firm, the legal awareness is submerged and the habit of consulting lawyers is established. In this way, the legal risks in the operation of your company are greatly reduced. In the process of work exchange, we also achieve mutual understanding and trust between our lawyers and your middle management cadres, which will enable us to provide more efficient and professional legal services for your company.
In the aftermath, our lawyers will do the following work:
We believe that only by forming a complete prevention mechanism and dissolving disputes in advance or in the matter as far as possible, litigation or arbitration is our necessary choice only after exhausting various relief measures. Before litigation or arbitration, our lawyers will analyze the evidence of the case, the possibility of winning the case, the possibility of the judgment or the execution of the ruling, and issue legal opinions for your reference to assist your company in making decisions.
Third, the handling of conflicts of interest
In the course of our lawyer's perennial legal counsel, if your company has a dispute with another business unit or consultant of the firm, our lawyers will, with the consent of your company and the other party, your company and the other party. Dispute mediation, hoping to help your company resolve disputes. If the mediation is unsuccessful, our lawyers will report to your company and the other party. Our lawyers will not represent any party involved in the handling of disputes, including litigation and arbitration, in order to maintain a neutral position in the conflict of interest, thus avoiding conflicts of interest.
Fourth, legal advisor team service
In order to enable your company to get timely assistance from all aspects of expertise and avoid time conflicts due to our lawyers' business trips or other official duties, our special legal advisory team will serve your company. If the legal advisory team is on a business trip or appear in court, you will not be able to meet your requirements. To provide legal services to your company, we will promptly dispatch other lawyers to serve you. In this way, the occurrence of time conflicts can be largely avoided, and the situation of “don't ask” is avoided from the system.
Five, service methods
This is the principle of providing timely and efficient legal advisory services. The service methods for your company are as follows:
1. Assign a relatively fixed legal service team to provide legal services to your company.
2. Regularly, the consultants assigned by the firm will provide legal services to your company.
3. Your company can invite consultant team lawyers to your company for legal affairs research according to the needs of the work.
4. Your company may also seek legal advice from consultants at any time by telephone, fax or e-mail, or send staff to the firm to conduct legal research with lawyers and listen to legal opinions of lawyers.
5. The company has a special customer service department, responsible for systematic communication with your company, and timely feedback of your company's opinions, in order to continuously improve the legal services of the firm.
In the course of the service, you are kindly requested to provide valuable comments to help the Institute improve and improve the quality of legal services. In addition, we will be happy to provide you with all-round professional legal services in addition to the above projects. The specific matters are determined according to the specific work.
Part 4: Legal Adviser Service Program
1. The scope of the company's perennial legal advisor services
According to the Law of the People's Republic of China on Lawyers and relevant industry regulations, the main matters of the legal counsel Zhou Yang lawyers providing perennial legal counsel services are as follows:
1. Reply to the legal advice related to the company's daily business activities in the form of written correspondence, email, fax, telephone, etc., and propose solutions or issue legal opinions in accordance with the actual situation;
2. According to the company's requirements, participate in the company's major decision-making meetings, conduct legal analysis, risk assessment, and program demonstration to provide advice and legal basis for company decision-making;
3. According to the company's requirements, participate in the negotiation of the company's major business cooperation projects as the company's legal advisor, provide legal basis for the project and issue legal opinions;
4. Participate in drafting or reviewing internal system files such as company rules and regulations, reward and punishment plan, authorization system, printing management approval system, file management, contract management, confidentiality system, internal control degree, etc. according to company requirements;
5. Assist in the formulation, review or modification of legal documents signed by the company and third parties related to the company's daily business activities, such as contracts, agreements and memoranda;
6. Accept the company's entrustment, sign, deliver or accept the legal files issued by the third party to the company;
7. At the request of the company, conduct argumentation on the disputes that the company has faced or may have, propose solutions, issue lawyers' letters to issue lawyers' opinions when necessary, or participate in non-litigation negotiations, coordination, mediation, and seek reconciliation;
8. According to the actual needs of the company, the relevant senior management personnel of the company will be taught relevant legal knowledge and policy guidance to improve the awareness of legal risk prevention;
9. Coordinate and handle internal disputes of the company according to the requirements of the company;
10. Entrusted by the company to propose an emergency disposal plan for major crisis events; if necessary, the decision-making level agrees to issue a lawyer's statement on behalf of the company, clarify the facts, show the company's position, and maintain the company's public image;
11. Handle other legal matters agreed by both parties.
12. Upon the separate entrustment of the company, it handles special legal affairs on behalf of the company and its subsidiaries and affiliated companies: it involves economic, civil, labor, administrative and other special agency matters that must enter the lawsuit of litigation or arbitration; involving company bidding, foreign investment, Special legal affairs such as financing, restructuring, mergers and acquisitions, asset disposal, listing, witness, etc.; involving patent application, reconsideration, confirmation, invalidation, infringement compensation, transfer, trademark registration application, confirmation, infringement, renewal, transfer, improper Competition, trade secret protection, technology transfer, software copyright registration, infringement compensation, transfer, franchise and other professional intellectual property rights related to intellectual property rights.
For the employer unit that has signed the annual legal counsel contract, the consultant lawyer will not charge the lawyer's fee in addition to the legal counsel fee when handling the above-mentioned legal matters 1 to 11; the consultant lawyer handles the above 12 special legal affairs. When the law firm collects the special legal service fees, it will give corresponding preferential treatment and give priority to relevant legal affairs. If necessary, an expert team can be organized to participate.
Second, the implementation of legal services
"Legal examination"
With the approval of the company's decision-making level, the legal risk census and evaluation plan is proposed, the relevant departments and responsible persons are informed of the situation, the census report and the evaluation report are submitted, and the company's decision-making level is issued with legal opinions in light of the actual situation of the company;
In response to the actual needs of the company in the economic contract management, labor and personnel system management, and the company's future development of capital operations, intellectual property rights strategy related legal affairs, consultant lawyers will work with the company's personnel to focus on the following legal services :
1. Participate in the drafting and review of the company's prescribed system to assist the company to gradually establish and improve the internal management system.
(1) The management license is legal, the management content is legal, and the management means are legal.
(2) The system must conform to the general environment and policy orientation of the national economic system, and must be consistent with the actual situation within the company. It is operational and beneficial to the business development needs of the enterprise.
(3) The systems avoid conflicts or omissions in content, maintain uniformity and legality in the approval and distribution procedures, and establish a scientific and efficient authorization system.
2. Drafting and reviewing various economic contracts and doing a good job in contract management
(1) Establish a sound contract management system, from the process of contract signing and approval, the granting of license rights to the production of format texts, the management of contract special chapters, the registration of contracts, the borrowing and reconsideration, the archiving and account management, the contract performance supervision and statistical reports. We will make scientific design and detailed regulations to ensure and promote the smooth progress of various economic activities and control contract risks. Train and spot the relevant personnel as necessary.
(2) According to the specific business needs, draft or fill in important contract texts, review contract terms, eliminate legal obstacles, maximize the company's business will, reduce and avoid legal risks, and protect the company's interests.
(3) Timely settlement of new situations and disputes arising in the performance of the contract, good contract interpretation, follow-up and improvement of contract changes, additions or cancellation procedures.
3. The company's labor contract, labor relations management
(1) The production of various types of labor contract texts, coordination of labor relations, and assisting the human resources department to timely complete the relevant legal work of renewal and dismissal of labor contracts.
(2) Drafting and formulating employee competition restriction agreements, training agreements and trade secret protection agreements and related internal rules and regulations.
(3) Assist the human resources department and the finance department to perform the transfer audit of relevant personnel, and modify and improve the entry and exit procedures.
(4) Coordinate various types of labor disputes, resolve labor disputes in a timely manner, handle various types of labor arbitration and labor litigation matters according to special entrustment, guide the company to deal with employee work injuries and accidents, and provide compliance guidance for company layoffs.
(5) Provide timely and up-to-date relevant laws, regulations, and related information, and train staff with the Human Resources Department to conduct rule of law education and legal knowledge.
4、參與公司重大經濟項目的談判，協助關鍵性檔案的談判和起草、審核、提出修改意見和風險提示。
5、參與公司重大經營決策，結合公司經營實際，及時為公司重大決策提供動態法律諮詢服務
⑴ 確保決策有可靠的法律依據，避免決策的法律風險；
⑵ 促使公司在經濟活動中的合法權益最大化；
⑶ 論證決策在法律上的最佳方案，有利於決策目標的實現；
⑷ 從法律上為公司在經濟活動中應當獲得的利益提供有效的保護措施；
為此，根據公司要求，我們可參加公司決策會議，為公司領導決策提供諮詢意見，協助起草、修改、審核有關公司決策的重要檔案，必要時主動提出法律意見和建議。
6、配合公司的經營進展，提供資本運作相關的法律服務。
根據公司專項委託，做好公司收購、兼併、上市、招投標、項目融資、資產重組等專項法律事務。
7、公司商標、專利、著作權、商業秘密、反不正當競爭等智慧財產權管理
熟悉運用智慧財產權的專有性、地域性、時間性的特點，為公司的智慧財產權保護提供動態的保護和依法管理策略。指導公司商業秘密管理工作。
8、協助公司行政部門做好公司分支機構的設立與管理
9、其他為完成公司法律事務所必需的法律事務工作
10、根據公司專項委託，通過協商、調解等方式，代理公司解決專項法律糾紛，必要時提起訴訟或仲裁程式。對於已被起訴的訴訟案件，根據公司專項委託應訴。
另外，本所將根據公司經營與發展需要，向公司隨時提供最新法規和政策諮詢，為公司合規經營提供幫助。
三、擬提供的法律服務方式
1、本所擁有優越的網路信息資源，可以為公司提供高校的契約審查服務，真正做到無紙化辦公，安全保密，並且為公司節省相應的人力資源和物力資源。
2、應公司邀請，顧問律師可參加公司重要工作會議，重大經營活動和社會活動，以便隨時了解公司發展思路，深刻理解公司發展戰略和經營理念，結合公司發展實際提供具有前瞻性的法律服務。
3、在公司遇到重大法律事務時，應公司要求，顧問律師可以增派1名助手作為常駐律師在公司提供的工作場所定期值班，處理日常法律事務，或協助公司內部人員的日常工作。
4、對公司委託法律事務中的疑難法律問題，顧問律師可以召集相關領域的專家進行專家論證，提供專家論證意見。
5、當公司遇到突發緊急事件時，顧問律師可以提供危機因應舉措，妥善處置緊急事件，保護公司合法權益。
6、根據公司需要，不定期進行法律風險抽查，提出監控法律意見。
7、應公司要求，制定專項培訓方案，對相關人員進行專項法律培訓。
8、提供年度法律服務報告，總結該年度內相關法律事項處理情況。
四、律師服務費報價
1、針對中小企業，我們度身定做如下法律服務方案：
根據公司需求，經與公司協商，簽訂為期一年的常年法律顧問服務契約，公司只需支付3000元的基礎費用，預存服務費2000元，每月底與公司對賬，根據提供的服務內容從預存服務費中抵扣，當預存服務費餘額不足200元時，本所發出通知續交預存服務費，每次限額2000元，根據契約約定，全年服務費採取封頂限制，達到封頂金額後，在服務期內提供約定項目的法律服務不再額外收取律師費。若預存的服務費，公司在服務期內未使用或有剩餘，本所則在下一年度的第一月將剩餘費用退還公司，也可用作下一服務年度的法律顧問費。
2、根據公司的實際情況、專項法律事務的法律關係複雜程度、信息材料收集需耗費時間、分析、決策、實施等因素，可以採取以記時方式結算費用，由雙方協商確定該項法律事務所需總的工作小時數，然後按每小時200－3000元人民幣之間協商收取。
3、 根據國家發改委、法務部《律師服務收費管理辦法》及廣東省物價局、司法廳《律師服務收費管理實施辦法》的規定，結合公司實際情況和不同需求，顧問律師所提供不同的服務方案並給予相應報價，詳詢周律師，電話：13925256812，或電郵：XXXX
篇五：法律顧問服務方案
一、法律顧問服務工作流程
1、了解和熟悉公司的情況
了解公司的基本情況，包括公司歷史、公司目前的運營狀況、管理架構、部門結構、業務流程等；複印公司的工商執照、稅務登記等材料。
2、處理公司的歷史遺留問題
經深入了解公司情況，提出改進公司內部管理的建議；對歷史遺留問題加以梳理，重點解決突出的法律問題；保證公司的運營暢通。
3、規範公司的各類契約文本
收集公司各類契約文本，結合公司的實際情況，從法律角度進行分析研究，規範契約的各項要件，對原契約中欠缺之處加以修改和審定；協助制定標準的契約文本。
4、協助公司完善內部規章制度
通過對公司總體架構及運行情況的熟悉，找出其中的弊端，尋求完善的方案，充分調動公司各單元的活力；補充和完善公司的各項管理制度，制定切實有效的激勵約束機制，尋求公司效益最大化。
5、健全公司的人力資源體系
針對公司的人力資源管理現狀，提出整改、規範及完善的法律建議，根據公司情況確定是否專門立項，實施“健全人力資源體系”專題項目；針對公司的員工管理問題，建立完善的人力資源體系架構。
6、法律培訓與指導
為從整體上提高公司員工的法律素養和意識，應公司要求，結合公司自身情況，對在公司運行中涉及的專項問題，委派相應的具備施教才能、擁有施教背景的專業律師擔任主講老師，對公司的管理人員、一般員工及專題項目組成人員進行法律培訓和講座。
7、年終總結與綜合評價
回顧整年度的法律服務情況，由公司對服務質量及工作方法等作出綜合評價，同時就公司的現狀提出專業性整體評估，並與公司協商制訂下一年度的服務計畫，簽訂下一年度法律顧問的續約契約。
二、法律顧問服務具體實施方案
針對公司在契約管理、勞動人事制度管理等方面法律事務的實際需要，以及公司以後的發展對資本運作相關法律事務的需要，本律所重點做好以下法律服務工作：
參與起草、審核公司規章制度，協助公司逐步建立和完善內部管理制度
1、實現管理許可權合法、管理內容合法、管理手段合法。
2、制度既符合國家經濟體制的大環境，又與公司內部實際情況相符，具有可操作性。
3、對公司的各項制度進行梳理，各項制度在內容上避免相互衝突或遺漏。
起草、審查各類契約，做好契約管理工作
1、建立完善的契約管理制度，從契約會簽的流程、簽訂許可權的授予到格式文本的製作、契約專用章的管理、契約登記與台賬管理、契約履行監督都作出詳細的規定，保障和促進各項經濟活動的順利進行。
2、根據具體經營業務需要，起草或修改重要契約文本，審查契約條款，排除法律障礙，避免法律風險。
recommended article
- July 1 commendation activity plan
- Supermarket 5.1 Promotions
- Collective wedding planning
- Equipment Management Implementation Plan
- Celebration program
- Guoxiaoxin Teacher Training Program
- Village-level environmental sanitation improvement plan
- New Year's event plan for 2019
- 2014 organization life meeting plan
- Company opening ceremony planning plan
- Winter Fire Prevention Program 2019
- Create a smoke-free unit implementation
popular articles
- Korean swear words
- The latest high school inspirational maxim
- Bing Xin’s famous words
- Deaf people jingle 2019
- 2014 Mall National Day Festival Plan
- Jiujiu Chongyang Festival Program in 2019
- a good saying that loves labor
- Injured sentence
- Sad love sentence 2019
- Qq space mood phrase
- Taizai’s famous sayings
- Du Yuexi's famous sayings
- 2014 is very touching words
- 2019 Christmas Eve event plan
- Company activity planning
- Classical life motto
- July 1st activity plan
- In-house training program
- Thanks to the friend's words 2019
- Tao Xingzhi's famous sayings
- Describe the fast time sentence 2019
- Summer camp program for 2019
- Teacher's Day Program for 2019
- Strong words
- 2019 annual training program
- College student business plan
- English famous words
- Teacher's famous saying
- College entrance examination inspirational quotes
- I want to say something to the teacher.