The significance and role of legal adviser

                 Beijing Zhong Lun W & D law firmWang Ziying

With the development of market economy, the corresponding legal construction is improving, people's right consciousness, legal consciousness also in unceasing enhancement. However, a lot of enterprises or persons still remain in the "traditional view of law is a remedy for the violation of the rights of the" when, while ignoring the prevention function of law. In fact, the prevention function of law is the most important. Because the procedure is in fact very few real winners, if an enterprise does not attach importance to the law in operation, then very likely to lead a trouble, if not legal, many rights cannot maintain; if to litigation, may be due to inadequate protection to rights originally, cannot be maintained, even if be maintained, after all, also must experience a process. In reality, many enterprises in the face of legal disputes before considering the lawyer service demand, the better approach is to some extent can reduce the loss, but in manpower and waste has been formed, the corporate image and reputation loss is incalculable.

In modern society, for each person especially every enterprise, the influence and significance is everywhere. Any enterprise to participate in economic activities, social activities, must pay attention to the rights protection, risk aversion, enhance development efficiency, otherwise the enterprise is not mature and potential risks. Save, Forewarned is forearmed., any mature enterprises, is very important risk prevention, avoidance and safeguard the rights and interests, while the legal adviser, is able to play such a role, such benefits.

From a practical point of view, lawyer as enterprise legal adviser, the enterprise can have meaning and function of the following aspects:

(a) to enhance the image

As the economic activities of modern society is an important form and carrier -- enterprise, must be in the business activities in cultural image, its development direction, business performance, inventions won a space for one person. Whether the enterprise law-abiding business, whether there is a legal aid, is valued risk avoidance and prevention, one of the most important performance itself is the corporate identity and image. In the business activities or business disputes, legal consultant enterprise's appearance, in the prevention and reduction of losses at the same time, also can help the enterprise to win a higher status and reputation, let customers or business partners in the trust and admiration, awe, psychological. In fact, a universal phenomenon is observed, when an enterprise in understanding,, whether there is a perennial legal counsel, is must be a regular content understanding, very important. In the realistic society, an enterprise if there is no legal adviser itself, in other enterprises or even the eyes of ordinary people, their status and the image is not high. Because the other enterprise is very difficult to believe, even the legal advisers are not enterprises with great strength and the legal framework of management. Therefore, the lack of legal advisory business, are often difficult to enhance their image, lose a lot of business opportunities and benefits.

(two) the prevention of disputes

The development of the company to survive, we must continue to happen with the outside world or that the business activities, these activities are through negotiations, the signing of the contract to determine. This process is the transaction the rights and obligations of both parties you disappear I long, not only exist in the rights and obligations of the benefits of development, sometimes have this kind of trap and crisis. As for the signing of the contract, "the contract law" is the supreme principle of "autonomy", as long as the contract does not violate the law, sometimes even a bit unfair, judges will not correct, because in general contract is "the true meaning of" people ", the signing of the contract to their rights and obligations should have sufficient knowledge". So, in the transaction process to check on the legal aspects of contracts and review on the more important.

Legal adviser, is through participation in contract drafting, review the contract, in the contract negotiations, contract, supervision enterprise contract management of the whole process, to strengthen the enterprise contract credit, at the same time, through to the enterprise contract review, contract risk prevention of enterprises. Legal adviser through the guide enterprises to establish and improve various production management system, the collection and preservation of evidence in foreign business, and in a good position to deal with disputes that enterprises. Enterprise legal adviser checks in all aspects of contract management, production management, sales, and can effectively avoid the loopholes in the law, the other units or individuals can not take over, have to consciously performance, thus can effectively prevent the occurrence of disputes. Future even if there are disputes, as has been able to "save, be prepared against want", will enable enterprises to remain invincible in the proceedings.

We often can see such enterprises boss in reality, consult a lawyer for his truth about a lot, accusing the other party does not dispute how. But to really look at the contract found, in fact he was in adverse. By this time, often in the lawsuit has been difficult to restore the lost. Because there is no legal adviser, itself also not understand, believe, believe that verbal meaning, believe that the general feeling, often bring huge loss. But, with the development of market economy, laws, regulations, judicial interpretation is more and more, task of enterprise management in terms of law, not a non professionals can afford.
  (three) the hedge efficiency

The enterprise in the production management process, risk is inevitable. The operational risk is reduced to the minimum extent, is the common desire of each enterprise. The lawyer as legal professionals, the perennial engaged in legal work, accumulated rich experience, has a more profound understanding than others to risk a certain type of business potential, which can directly provide the advice for the enterprise. For example, there lived in Henan a large project, the tender side introduction is a source of funds and foreign exchange investment has arrived, the large boiler enterprise leadership I served as legal adviser to study that the project very well, a very substantial profit, ready to pay margin100Million yuan. But after I went to survey the local relevant government departments, found that the project, but the project without the tenderee, and Foreign Exchange Management Bureau said no6000The foreign exchange funds million into the. Therefore, in the basis of legal advisers recommend, through research and abandoned the project bidding. After less than two months, from other companies cheated tens of millions of yuan news. The fact proves, legal advisor intervention avoided over millions of dollars in losses as a consultant, is as a consultant unit created a hidden benefit millions of yuan. Enterprises to hire a lawyer acting as legal counsel, is to maximize the minimum input interest returns. Therefore, lawyers in the business decision, credit investigation, to the relevant departments and other capital, such as inspection, can provide the correct basis for decision of enterprises, will run the risk to the lowest extent, the operating efficiency is improved to the maximum extent.

(four) effective endorsement 

Counsel can as a matter of law "business voice". In the enterprise encounter various difficulties and problems, which can not only provide a legal basis for the enterprise, but also can be directly to enterprise to deal with; have a legal adviser, the responsible person of the enterprise can "look for our lawyers" on the grounds, refused to meet directly the parties to withdraw.

Legal adviser is enterprise dealing with human relations "shield". Guanxi is a double-edged arrow, sometimes there is conducive to the development of enterprises, sometimes it will seriously affect the operation of enterprises. Like other enterprises or personal loans to enterprises through human relation or ask the enterprise to provide a guarantee and other requirements, some enterprises responsible person although reluctant, but often can not be avoided, and easily make a promise, but also to the management of the enterprise to bring great trouble. In real life, a lot of good businesses are for other enterprise guarantee resulted in bankruptcy. There is a legal adviser, in similar circumstances, the person in charge of the enterprise can cause me to seek legal advice, to dodge cleverly.

(five) the foreign shock

In interpersonal communication, often because of the different identity and status, the attitude and the effect of different. The people speak, often still see the speaker's identity and status. The lawyer is recognized by the state has a special status and special rights "quasi judicial personnel", its endorsement law inherent identity and status are any other unmatched and irreplaceable. Therefore, if the enterprises to hire a lawyer acting as legal counsel, will give the opponent an invisible psychological pressure, so that the opponent can not arbitrarily trapping or breach of contract; at the same time, because of the special identity of lawyers, to handle related matters, but will give the opponent a powerful pressure, thus receive beat all effect. For example, a lawyer by "letter" for the enterprise Dun debt, often without through litigation, makes some enterprises or individuals consciously fulfill debt; "legal opinions issued by the law through", contradictions and disputes, to help enterprises in coordination with other units, can solve many originally to resolve through litigation can issue.

To sum up, counsel through participation in corporate decision-making, management, management, prevention and treatment of all kinds of legal disputes, plays a more and more important, the incomparable role. Enterprises in order to better development, must pay attention to the role of legal counsel, the legal adviser into the enterprise daily management routine, so as to enhance the image, reduce disputes, avoid risk, safeguard the rights and interests, to accelerate the development and promotion of efficiency. 　
         Wang Ziying lawyerContact telephone number:13350093663    13198586328

Email:Wzy6328@163.com    QQ:792756609