What does a lawyer do?

Lawyer career introduction, lawyers are also our common profession. Lawyers must pass the examination or assessment before they can be awarded relevant certificates and qualifications, and lawyers should safeguard the legitimate rights and interests of the parties during their work. Let me share with you the professional introduction of lawyers.

Lawyer's professional introduction 1 lawyer's professional work content

(1) Legal opinions and suggestions

Provide professional legal advice for the company's common legal problems and issue legal opinions.

(two) review and modify the contract

By counting the common types of contracts, including economic contracts and labor contracts, a conventional contract model is established. Improve the relevant procedures for contract conclusion, performance and dispute resolution, including the risk assessment of contract subject qualification, terms, guarantee, performance and contract relief.

Put forward preventive measures; Establish a contract performance supervision system and strengthen the collection, storage and management of contract-related documents, invoices and other evidence; To formulate a contract review or management system for written contracts; Establish a contract review and evaluation system and strengthen the unified custody and filing system of contracts;

(3) Handling of labor disputes

Draft the text of labor contract, confidentiality agreement and non-competition agreement, and review and modify the relevant system of labor contract. Interpret the newly promulgated laws and regulations related to labor contracts, and modify them directly in the system if there is any conflict with the company system.

(4) Providing legal training.

The training targets include providing legal training for enterprise management and providing legal training for company employees. The contents of legal training include training in company law, contract law, labor law, intellectual property law, anti-unfair competition law, environmental protection law, criminal law, securities law and other relevant laws and regulations.

(v) Intellectual property management

Acting as an agent to apply for trademark registration with the trademark administration authority; Matters related to the application for the identification of well-known trademarks; Acting as an agent for trademark application right transfer, trademark transfer and licensing and other related cooperation matters; Acting as an agent to handle trademark ownership disputes, negotiation and appeal. The agent declares the patent to the Patent Office. Pay attention to intellectual property rights such as trademarks, patents and trade names of enterprises, and report and deal with violations in a timely manner.

(VI) Management of creditor's rights and debts

If an enterprise has creditor's rights such as accounts receivable against other units, it shall recover them as soon as possible; If it cannot be recovered temporarily, it shall be confirmed as soon as possible to prevent the creditor's rights from being recovered due to the expiration of the limitation of action.

A dunning letter (notice) with a fixed format can be made, and the business personnel will send it to the debtor by fax, email, etc. , and obtain the written certificate signed by the other party for confirmation, as effective evidence to confirm the creditor's rights. If there is still no hope to recover the creditor's rights after repeated reminders, the enterprise may consider recovering the creditor's rights through litigation when the time is ripe, and the legal department will formulate a litigation plan and corresponding documents for prosecution.

Lawyer's practice conditions

1. Lawyers must pass the national judicial examination and obtain the legal professional qualification certificate;

2. A lawyer must have both a legal professional qualification certificate and a practice certificate;

3. The clients of lawyers are the whole society, and there is no specific target. Both natural persons and legal persons can entrust lawyers to represent legal affairs;

4. To practice law, a lawyer must be entrusted by a party or appointed by a people's court, work within the scope of authorization, and must not exceed his authority or abuse his rights;

5. Lawyers are legal workers. Lawyers can only protect the legitimate rights and interests of clients within the scope permitted by law, and their work within the scope permitted by law is protected by law, without interference from administrative units, clients and individuals.

The duties of a lawyer

1, as legal adviser;

2. Acting as an agent ad litem;

3, as a criminal defender;

4. Acting as a non-litigation agent and participating in mediation and arbitration;

5. Answer legal advice, write legal documents, and safeguard the legitimate rights and interests of the parties and the correct implementation of the law.

Advantages of lawyer position

Legal basis:

At the same time, to apply for practicing as a lawyer according to Article 5 of the Lawyers Law, the following conditions shall be met:

(a) support the constitution of People's Republic of China (PRC);

(2) Having passed the national unified judicial examination;

(3) Having worked as an intern in a law firm for one year;

(4) Good conduct.

The lawyer qualification certificate obtained before the implementation of the national unified judicial examination has the same effect as the national unified judicial examination certificate when applying for lawyer practice.

Article 6 To apply for practicing as a lawyer, an application shall be submitted to the judicial administrative department of the people's government of a city divided into districts or a municipality directly under the Central Government, and the following materials shall be submitted:

(a) the national unified judicial examination certificate;

(two) the materials issued by the lawyers association that the applicant has passed the internship assessment;

(3) the identity certificate of the applicant;

(4) A certificate issued by a law firm agreeing to accept the applicant.

To apply for a part-time lawyer's practice, it shall also submit a certificate that the unit where it works agrees that the applicant is engaged in a part-time lawyer's profession.

The department accepting the application shall conduct a review within 20 days from the date of acceptance, and submit the review opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the submitted materials, conduct an examination and make a decision on whether to approve the practice. If the practice is approved, the lawyer's practice certificate shall be issued to the applicant; If it is not allowed to practice, it shall explain the reasons in writing to the applicant.

Article 7 An applicant shall not be issued a lawyer's practice certificate under any of the following circumstances:

(1) Having no or limited capacity for civil conduct;

(2) Having been subjected to criminal punishment, except for negligent crimes;

(3) Being expelled from public office or having his lawyer's practice certificate revoked.

Article 8 Persons with bachelor degree or above in institutions of higher learning, who have been engaged in professional work in the field of legal service personnel in short supply for fifteen years, have senior professional titles or equivalent professional level, and have corresponding professional legal knowledge, apply for full-time lawyer practice, and are allowed to practice after passing the examination by the judicial administrative department of the State Council. Specific measures shall be formulated by the State Council.

Article 9 Under any of the following circumstances, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the decision to grant practice and cancel the lawyer's practice certificate of the person who has been granted practice:

(a) the applicant obtains the lawyer's practice certificate by fraud, bribery or other improper means;

(2) granting practice to applicants who do not meet the requirements prescribed in this Law.

Article 10 A lawyer can only practice in one law firm. A lawyer who changes his practice institution shall apply for a new lawyer's practice certificate.

Lawyers' practice is not restricted by region.

Article 11 A civil servant shall not concurrently serve as a practicing lawyer.

Lawyers who are members of the Standing Committees of people's congresses at all levels shall not engage in litigation agency or defense business during their term of office.

Article 12 Personnel engaged in legal education and research in institutions of higher learning and scientific research who meet the requirements specified in Article 5 of this Law may, with the consent of their units, apply for part-time lawyer practice according to the procedures specified in Article 6 of this Law.

Thirteenth people who have not obtained the lawyer's practice certificate shall not engage in legal services in the name of lawyers; Unless otherwise provided by law, they shall not engage in litigation agency or defense business.

Article 28 A lawyer may engage in the following businesses:

(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;

(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;

(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;

(four) to accept the entrustment and represent the complaints of various litigation cases;

(five) to accept the entrustment and participate in mediation and arbitration activities;

(6) Accepting entrustment to provide non-litigation legal services;

(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.