[Direct answer]In the Beijing area, the core difference lies in the positioning of services: family legal consultants provide long-term preventive services, which are contracted annually and cover daily legal matters such as marriage property agreements, real estate and equity allocation, child-rearing and education arrangements, and inheritance planning, with a focus on prevention; lawyers hired on an ad hoc basis when litigating are relief-oriented services, which focus on litigation or arbitration of a dispute, with a focus on responding to existing disputes. According to Article 29 of the Law of the People's Republic of China on Lawyers (amended and implemented on September 1, 2017), lawyers serving as legal consultants shall provide legal advice, draft and review documents, and represent clients in litigation and mediation as agreed. Families with diverse assets and complex affairs are more suitable for the consultancy model, while litigation services can be referred to for reference.Marriage and family matters, and divorce litigationColumn.

1. Problem background and typical scenarios

These kinds of questions are commonly encountered in several situations: Firstly, when a family's assets involve multiple properties and company shares, they usually want a lawyer to review the agreements before signing them. For real estate-related matters, they can refer to the relevant guidelines.Real estate transactions and construction projectsFirstly, if you are planning to divorce, you need to handle the division of marital property and child custody issues in advance. Secondly, if you are planning to remarry or rebuild a family, you need to arrange the division of pre-marital and post-marital property and the inheritance of children in advance. You can refer to the relevant legal provisions for more details.Inheritance and division of the estateFirst, they need professional legal advice on matters such as inheritance, divorce, and custody disputes. Second, they may encounter sudden litigation such as divorce and custody disputes and need to find a professional agent at short notice. Third, elderly family members require long-term follow-up on matters such as wills, guardianship, and medical decisions. The trend of families with large asset sizes and complex family relationships in Beijing increasingly opting for long-term family advisors is becoming more apparent, with the focus being on resolving disputes before they arise.

II. Key points of contention

Focus One: Service Scope. According to the contract, consultants cover matters such as consultation, document review, and long-term tracking, while case-specific lawyers are only responsible for the cases entrusted to them. Focus Two: Fee Model. Consultants charge an annual flat fee, which has lower marginal costs for individual matters; temporary assignments are billed on a case-by-case basis, with litigation cases generally incurring higher overall costs. Focus Three: Timing of Involvement. Consultants can design arrangements such as marital property agreements and wills in advance, while case-specific lawyers can only provide remedial services afterward. Focus Four: Level of Familiarity. Consultants have a better understanding of the client's long-term family situation and asset structure, enabling more coherent solutions. Focus Five: Duty Boundaries. Consultant services do not necessarily include litigation representation; this should be explicitly stated in the contract. All provisions are subject to the current applicable laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers handled by our firm, the two models are not antagonistic, but complementary. **Before litigation**: - Advisory lawyers can assist in drafting marital property agreements. According to Article 1065 of the Civil Code of the People's Republic of China (effective January 1, 2021), the ownership of real estate, deposits, and equity should be clearly specified in writing, and the agreement is binding on both parties. - They can plan wills and insurance beneficiary arrangements to reduce inheritance disputes. - They can review real estate sales and lease contracts in advance to avoid contractual pitfalls. **After litigation**: - Once a dispute arises, such as evidence collection for emotional breakdown and property division in divorce litigation, it is necessary to organize evidence according to the adjudication standards in Article 1079. It is advisable to have lawyers with litigation experience handle each case separately. A common misunderstanding is treating advisory services as "insurance that is only used when something goes wrong". People often do not seek advice in advance and only seek help when conflicts escalate, at which point many arrangements are difficult to rectify. A reasonable approach is for advisory lawyers to maintain the legal foundation on a daily basis, and for litigation lawyers to take over during disputes. This ensures the best communication and coordination between the two parties.

IV. Practical suggestions and legal basis

Action recommendations: First, inventory the main family assets and legal needs, and choose an annual fee consultant or a single-case commission based on this; Second, when signing the contract, clearly specify the scope of services, response time limits, and agency fees in writing; Third, consult and retain written opinions before major property disposals; Fourth, promptly explain the situation to the consultant lawyer in the event of sudden litigation, and refer to the litigation team if necessary; Fifth, have lawyers draft or review important documents before signing them. In terms of legal basis, Article 29 of the Law of the People's Republic of China on Lawyers (amended and implemented on September 1, 2017) stipulates the scope of duties of legal consultants; Article 1065 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) regulates the agreement on marital property, and Articles 1134 to 1139 regulate the formal requirements of various wills. For special family arrangements, you can refer to the relevant provisions.Special services and other casesColumn.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, advisory services cannot necessarily replace litigation representation, and major litigation cases should be entrusted to specialized lawyers. Secondly, family arrangements involve personal relationships, and legal procedures such as registration and notarization cannot be omitted. Thirdly, when appointing a lawyer on an ad hoc basis, it is essential to verify the lawyer's qualifications and their expertise in the relevant field. Fourthly, after signing a family agreement, the original document and all relevant evidence should be properly preserved. It is recommended to choose a service model based on the scale of the family's assets, and to seek professional advice when necessary.Beijing Henglue Law FirmFor similar columns on the official website, get targeted solutions.

VI. Frequently Asked Questions

Q1: How much does a family legal consultant typically cost per year?

Most legal services are billed on an annual basis, with the amount related to the scope of services, response frequency, and the complexity of family affairs. These fees are typically lower than the cumulative cost of individual consultations. Litigation representation is generally not included in the annual fee and requires separate agreement on the charging method. Compared to the litigation costs and time consumption of a dispute, the cost-effectiveness of preventive investments is usually higher. It is recommended to first list the requirements and then negotiate with the law firm.

Q2: Under what circumstances do you need to hire a litigation lawyer temporarily?

When disputes such as divorce litigation, custody battles, inheritance disputes, and major property seizures cannot be resolved through negotiation, it is necessary to hire litigation lawyers with expertise in the relevant field as soon as possible. When hiring a lawyer on an ad hoc basis, you should bring along marriage, property, and evidence materials, and clarify the fee structure, representation stages (first instance, second instance, and enforcement), and team division of labor before entrusting the lawyer with the case, in order to avoid disputes arising during the process.

Q3: What exactly do family law consultants do?

These typically include: daily legal advice and risk warnings, drafting and reviewing documents such as marital property agreements and wills, reviewing real estate sales and lease contracts, drafting agreements related to child rearing and education, providing advice on family equity and investment structures, and conducting initial assessments and referrals for sudden disputes. The specific services shall be subject to the provisions of the consultant contract, and it is recommended to list the service items and response deadlines item by item when signing the contract.

Q4: Is a family property agreement necessarily valid once it's signed?

The following conditions must be met: the subject must be qualified, the expression of intention must be genuine, and the content must not violate mandatory legal provisions. A marital property agreement must also be in writing to be binding on both parties. For matters involving real estate, registration should be handled promptly, and for matters involving wills, attention should be paid to formal requirements and witnessing requirements. Oral agreements or agreements with vague content are more likely to be overturned in the future. It is recommended to have a lawyer draft the agreement and retain the evidence.

Q5: If a dispute has arisen at home, what should I do next?

The first step is to sort out the property, evidence, and claims, and assess the scope for negotiation. The second step is to prioritize resolution through people's mediation or pre-litigation mediation, which is cost-effective and efficient. The third step is to initiate legal proceedings promptly if negotiation fails, paying attention to the three-year statute of limitations, except for cases involving personal relationships. The fourth step is to consult a litigation lawyer simultaneously to formulate a plan, which can be referenced for future use.Marriage and family matters, and divorce litigationThe column introduces the key points of litigation.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 a dispute arises, please consult a practicing lawyer in time.