With the development of market economy, the corresponding legal system construction is becoming more and more perfect, and people's awareness of rights and law is also increasing. But many enterprises or personnel are still stuck in the law. Remedies when rights are violated? In the traditional view, the preventive function of law is ignored. In fact, the preventive function of law is the most important. Because there are few real winners in the lawsuit, if the enterprise does not pay attention to the law in its operation, it is likely to cause trouble in the end. If it does not prosecute, many rights cannot be safeguarded; If you go to court, you may not be able to defend your rights because of insufficient prevention at the beginning. Even if there is, it will go through a process. In reality, many enterprises only consider the demand for lawyer services after encountering legal disputes. Although this practice can reduce losses to a certain extent, the waste of manpower and material resources has been formed, and the loss of corporate image and reputation is incalculable.
In modern society, the influence and significance of law is everywhere for everyone, especially for every enterprise. For any enterprise participating in economic and social activities, it must pay attention to major development issues such as safeguarding rights, avoiding risks and improving efficiency, otherwise the enterprise will be immature and may face potential risks. Prepare for a rainy day, everything will be established in advance, and if you don't plan, you will abandon it. Any mature enterprise attaches great importance to risk prevention, problem avoidance and rights protection, and hiring legal counsel can play such a role and produce such benefits.
From a practical point of view, hiring a lawyer as an enterprise legal adviser can have the following significance and functions for enterprises:
(A) enhance the image
As an important form and carrier of modern social and economic activities? Enterprises must win a place in business activities with their own cultural image, development direction, business performance and inventions. Whether an enterprise operates in compliance with laws and regulations, whether it has legal aid, and whether it attaches importance to risk avoidance and problem prevention is one of the important manifestations of its identity and image. In the process of business activities or when there is a dispute over the rights and interests of enterprises, the presence of enterprise legal counsel can help enterprises win higher status and reputation while preventing and reducing losses, and make customers or business partners feel awe and admiration at the same time. In fact, it is a common phenomenon to know and observe whether an enterprise has perennial legal counsel, which is a routine content that must be understood and very important. In the real society, if an enterprise does not have its own legal adviser, its status and image are not high in the eyes of other enterprises and even ordinary people. Because it is difficult for other enterprises to believe that enterprises without legal counsel have strong strength and operate according to the legal framework. Therefore, it is often difficult for enterprises lacking legal counsel to enhance their image and lose many business opportunities and interests.
(2) Prevention of disputes
In order to survive and develop, companies must constantly engage in business activities of one kind or another with the outside world. Many of these commercial activities are determined through negotiation and signing contracts. And this process is the process of increasing or decreasing the rights and obligations of both parties to the transaction. Among these rights and obligations, there are not only development interests, but also some traps and crises. What is the highest principle of contract law for signing a contract? Autonomy of will? As long as the contract does not violate the law, sometimes even if it is unfair, the judge will not correct it, because according to common sense, the contract is? Expression of true meaning? Who signed the contract? You should know enough about your rights and obligations? . Therefore, in this transaction process, it is more and more important to check and review the legal aspects of the contract.
It is through participating in contract drafting, reviewing contract terms, participating in contract negotiation, supervising contract performance and other enterprise contract process management that legal counsel strengthens enterprise contract credit, and at the same time, preventing enterprise contract risks by reviewing enterprise contracts. By guiding enterprises to establish and improve various production and operation systems, legal advisers collect and keep evidence of foreign operations in time, so that enterprises are in a favorable position in handling disputes in the future. With the legal adviser's control over contract management, production and operation, sales and other links, enterprises can effectively avoid legal loopholes, so that other units or individuals have no loopholes to drill and have to consciously perform their duties, thus effectively preventing disputes. Even if there is a lawsuit dispute in the future, because it has already been done? Be prepared for a rainy day? , will also make the enterprise in an invincible position in litigation.
In reality, we often see such business owners. When consulting lawyers, they talked about their reasons and accused the other side of the dispute of being wrong. But a real look at the contract will reveal that he is already at a disadvantage. At this time, it is often difficult to recover the established defeat in the lawsuit. Because there is no legal adviser, and I don't understand it myself, believing in relationships, oral meaning and general feelings will often bring huge losses. Moreover, with the development of market economy, there are more and more laws, regulations and judicial interpretations, and the legal responsibility of enterprise management is not borne by a non-professional.
(3) Avoid risks and improve efficiency
In the process of production and operation, risks are always inevitable. It is the common aspiration of every enterprise to minimize operational risks. As legal professionals, lawyers have accumulated rich experience in the process of legal work all the year round, and have a deeper understanding of the potential risks of a certain business activity than others, so they can directly provide personnel for enterprises. For example, there was a big project in Henan, and the source of funds introduced by the tenderer was foreign exchange investment, which has been received. After investigation, the leaders of large boiler enterprises as legal consultants think that the project is very good and the profit is very considerable, and they are prepared to pay a deposit of 6,543,800 yuan. However, after I went to the relevant departments of the local government to investigate, I found that although there was this project, the project sponsor was not the tenderer, and the SAFE also said that there was no foreign exchange fund of 60 million US dollars. Therefore, on the basis of the legal adviser's suggestion and through research, the bidding of this project was abandoned. In less than two months, many other companies have been defrauded of tens of millions of yuan. This fact proves that the involvement of legal advisers has avoided millions of losses for consulting units and created millions of hidden benefits for consulting units. Enterprises employ lawyers as legal advisers to get the maximum return with the least investment. Therefore, before an enterprise makes a decision, lawyers can investigate the credit standing, capital and annual inspection of relevant departments and other enterprises, which can provide correct basis for the enterprise's decision-making, minimize business risks and maximize business benefits.
(d) valid recognition
Can a legal adviser be the legal affairs of an enterprise? Spokesman? . When enterprises encounter various difficulties and troubles, they can not only provide legal basis for enterprises, but also deal with them directly; With legal counsel, the person in charge of the enterprise can? Do you want to talk to our lawyer? The reason is that the parties who do not want to meet directly should withdraw.
A legal adviser is an enterprise dealing with personnel relations? Shield? . Interpersonal relationship is a double-edged sword, which is sometimes beneficial to the development of enterprises and sometimes seriously affects the operation of enterprises. For example, when other enterprises or individuals borrow money from enterprises or ask them to issue guarantees through personnel relations, some business leaders, although unwilling, often cannot avoid making promises easily, which will bring great future trouble to business operations. In real life, many well-run enterprises go bankrupt just because they guarantee other enterprises. With legal counsel, the person in charge of the enterprise can seek the advice of legal counsel first and avoid it skillfully when encountering similar situations.
(5) External shock
In interpersonal communication, people often have different attitudes and effects because of their different identities and status. The so-called look at people and talk is often based on identity and status. Lawyers are recognized by the state as having special status and rights? Quasi-judicial personnel? Its inherent status and position as an endorsement law is incomparable and irreplaceable by anyone else. Therefore, the employment of lawyers as legal advisers will give opponents an invisible psychological pressure, so that opponents dare not set traps and break contracts without authorization; At the same time, due to the special status of lawyers, when dealing with related affairs, it will give opponents strong pressure, thus receiving unexpected results. Like a letter from a lawyer? Lawyer's letter? Debt collection for enterprises often makes some enterprises or individuals consciously perform their debts without litigation; Lawyer passed the certificate? Legal advice? Helping enterprises to coordinate contradictions and disputes with other units can solve many problems that could have been solved through litigation.
To sum up, legal counsel plays an increasingly important, incomparable and irreplaceable role by participating in the decision-making, operation, management, prevention and handling of various legal disputes of enterprises. If an enterprise wants to develop better, it must attach importance to the role of legal counsel and incorporate it into the daily operation of the enterprise, so as to enhance its image, reduce disputes, avoid risks, safeguard its rights and interests, accelerate its development and improve its efficiency. ;