[Direct answer]Corporate legal advisors typically provide routine and comprehensive legal services, including: drafting and reviewing contracts, corporate governance and equity arrangements, labor compliance, intellectual property protection, compliance and risk prevention, pre-dispute resolution, and daily legal consulting and training. According to the relevant provisions of the Lawyers Law of the People's Republic of China (amended on September 1, 2017) and the Civil Code of the People's Republic of China (effective from January 1, 2021), lawyers can accept commissions to provide legal consulting, contract review, and litigation representation services. The specific scope is determined by the enterprise and the law firm through consultation and is included in the commission contract. In Beijing, corporate legal services are typically implemented in modules and prioritize key areas based on industry characteristics. Litigation representation generally requires separate agreements.

I. Problem background and typical scenarios

There are typically three scenarios: First, the enterprise is in its growth stage, and its contract and employment management are not standardized, requiring systematic review; Second, the enterprise faces financing, mergers and acquisitions, or equity adjustments, and needs specialized legal support; Third, the enterprise wants to reduce litigation risks and needs regular compliance and risk prevention. The above needs determine the modules and depth of the advisory services, which can be further understood after a preliminary understanding.Intellectual property protection and corporate lawThe service framework. In addition, contracts and employment are often the two areas with the highest risks, and they can be prioritized for review and optimization.

Based on the general circumstances of similar cases, it is necessary to establish a coordinated protection mechanism for trademarks, patents, copyrights, and trade secrets to avoid loopholes in rights boundaries. Fixing evidence and clarifying claims at an early stage is usually more effective than remedying the situation afterwards.

II. Key points of dispute

The controversy focuses on four points: Firstly, the boundaries of the service scope, whether litigation and special affairs are included; Secondly, the response methods and time limits of the service, such as the response requirements for daily consultations; Thirdly, the form of the results, whether it is oral consultation or written opinions; Fourthly, the charging model, how to divide the fixed consultant fees and special fees; Fifthly, whether the service covers branch offices and affiliated enterprises, and how to handle cross-regional affairs. In addition, whether the response time limits for daily consultations are included in the contract should also be clarified for evaluation purposes.

The essence of such disputes lies in the need to plan compliance reviews and evidence preservation in advance, so that enterprises can have a solid basis for defending themselves and protecting their rights when disputes arise. Fixing evidence and clarifying claims at an early stage is usually more effective than remedying the situation after the fact.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers in the field of long-term legal consulting for enterprises shows that the value of consulting services lies in proactively preventing and controlling risks. There are three common problems: First, the scope of services and response mechanisms between enterprises and consultants are not clearly defined, resulting in the inability to meet demands in a timely manner; Second, consultants only passively answer inquiries and fail to actively carry out system review and compliance checks; Third, there is a lack of documented results, such as incomplete written opinions and rectification lists, making it difficult to trace back. In the practice of legal services for enterprises in Beijing, consultants who can provide modular solutions and regular review are more helpful in reducing the probability of disputes. It is recommended that enterprises clearly define the service list, response deadlines, and results formats when entrusting services, and regularly evaluate the effectiveness of the services. It should be noted that the depth of consulting services is closely related to the cooperation of enterprises. Enterprises that lack internal coordinators and document filing often find it difficult to obtain high-quality legal support.

IV. Practical suggestions and legal basis

Action list: First, consult with the law firm to determine the service list and response mechanism; Second, clarify whether litigation, arbitration agency, and special services are included and the cost arrangements; Third, require important opinions to be put into written documents and archived; Fourth, establish a regular compliance inspection and training mechanism; Fifth, promptly initiate special services for major matters such as equity and financing. For contracts and commercial disputes, you can refer to the relevant provisions.Business and contract disputes in enterprisesFor those interested in employment-related matters, you can learn more about it here.Labor arbitration and work-related injury compensationLegal basis: The provisions of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017) regarding the scope of lawyers' practice, and the provisions of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding contracts. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the scope of services should be clearly defined in the contract to avoid disputes over whether litigation is included. Secondly, consultants should take the initiative to conduct compliance checks rather than just passively answering questions. Thirdly, keeping records of the results can help trace back to internal management. Fourthly, it is advisable to launch special services for major matters, which can be done throughIntellectual property protection and corporate lawFirst, the enterprise should understand the overall arrangement of the column. Fifth, the enterprise should appoint an internal contact person and establish a document filing mechanism. The higher the degree of cooperation, the more effectively the consultant's services can be implemented. Sixth, the enterprise should regularly review the disputes that have occurred with the consultant and translate the experience into improvements to systems and processes.

Therefore, it is recommended that the parties involved should clarify the basis of their rights and the method of comparing the infringement, and simultaneously fix the basis for calculating the compensation such as the infringement-related profits or losses.

VI. Frequently Asked Questions

Q1: Does legal counsel include litigation?

Generally, it is not included. Full-time legal advisors mainly provide daily consultations, contract reviews, and compliance advice. Litigation and arbitration representation often require separate retention and billing. It is recommended to clarify in the advisory contract whether dispute representation is included and the fee standard, to avoid disputes when needed.

Q2: Will the consultant review the contract?

Yes, it is usually one of the core services. Consultants can review the contract subject, clause settings, liability for breach of contract, and dispute resolution, and make suggestions for modification based on the characteristics of the business. For major or complex transactions, the consultants should provide written opinions to facilitate the enterprise's decision-making and subsequent tracking.

Q3: Can consultants handle labor disputes?

Yes. Labor compliance is a common module of consulting services, including the review of labor contracts and rules and regulations, risk warnings on employment, and early dispute resolution. If the case proceeds to arbitration or litigation, whether the consultant team will represent the client shall be determined in accordance with the contract and subject to a professional compatibility assessment.

Q4: How are advisory services charged?

Generally, fixed consultancy fees are charged on an annual basis, and separate fees are charged for special services or litigation representation. The specific fees are determined through negotiation based on the scope of services, workload, and the size of the enterprise. Before signing the contract, it is necessary to clarify the charging items, amounts, and payment deadlines, and to require the issuance of formal invoices to avoid disputes arising later.

Q5: How often should I change advisors?

There is no fixed answer. If the consultant can respond promptly, proactively prevent and control risks, and continuously improve the quality of services, they can usually cooperate long-term. If there are delays in response, professional mismatches, or conflicts of interest, the enterprise can evaluate the possibility of replacing them. When replacing them, it is necessary to handle the handover of contract files and ongoing matters properly to ensure the continuity of work, and to check the settlement of fees and confidentiality obligations. It is recommended to regularly review the effectiveness of the services and keep written records.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.