[Direct answer]In the Beijing area, the differences between regular legal advisors and special legal advisors focus on four aspects. Service period: Regular legal advisors provide continuous services for a period of one year or more, while special legal advisors provide services based on project cycles, ending once the project is completed. Service scope: Regular legal advisors cover high-frequency matters such as daily consultation, contract review, labor employment, and compliance reminders, while special legal advisors focus on single major matters such as rights protection, financing, and mergers and acquisitions. Response mode: Regular legal advisors emphasize daily accompaniment and proactive prevention, while special legal advisors focus on concentrated problem-solving. Billing method: Regular legal advisors are typically charged on an annual package basis, while special legal advisors are charged on a project or hourly basis. It is a common practice for enterprises to start with regular legal advisors and add special legal advisors for major projects, with the two types of services complementing each other. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

When enterprises select consultants, there are often two common misallocations: signing a long-term contract but only consulting twice a year, feeling it's not worth it; or hiring someone temporarily when facing major issues, completing a special project, but having no one to handle daily legal matters afterwards. Typical dilemmas also include: Does the long-term contract include litigation? Who will handle the daily issues discovered during the special project? These two models are not mutually exclusive. The key lies in the balance between daily legal workload and the frequency of major matters. For reference, the allocation strategy can be referred to here.Intellectual property protection and corporate legal services.

II. Key points of dispute

There are five comparison dimensions. Firstly, boundary division: high-frequency daily matters belong to annual services, while low-frequency major matters fall under special projects. When they overlap, they are delineated based on frequency and importance. Secondly, litigation attribution: litigation and arbitration representation are generally not included in annual services and require separate entrustment and charging. Thirdly, derivative matters: daily issues discovered during special projects should be explicitly addressed in the contract to avoid being overlooked. Fourthly, fee structure: annual fees are calculated based on annual service volume, while special project fees are calculated based on project objectives and workload, with no unified government pricing. Fifthly, team stability: both models should stipulate the principal lawyer and replacement mechanisms.

III. Professional analysis by Henglue Law Firm

The copyright protection case handled by Attorney Dang Pei just straddles the division of labor between the two models: The copyright owner of a certain art work found that the products produced by Company A and sold by Company B infringed his copyright, and sued the People's Court of Shijingshan District in Beijing. The first-instance court did not accept the case, and Attorney Dang Pei was entrusted to file an appeal. The second-instance court, the Beijing Intellectual Property Court, revoked the original ruling and ordered the first-instance court to register the case. In this case, infringement monitoring, rights certificate management, and daily contract review are matters that can be covered by long-term consultants; while jurisdiction analysis and appeal strategies, which require concentrated efforts, are more suitable for handling as special matters. The two types of services complement each other and are indispensable. This case was handled by Beijing Henglue Law Firm.The Party Building Work ConferenceAttorney (Practice Certificate No.: 11101201911130220, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis includes the provisions of the Law of the People's Republic of China on Lawyers (amended in 2017) regarding the scope of lawyers' practice and the unified acceptance of entrusted cases and fee management by law firms; the provisions of the Measures for the Administration of Lawyers' Service Fees (implemented on December 1, 2006) regarding the fee collection methods and contractual agreements; the provisions of the Civil Code of the People's Republic of China (implemented on January 1, 2021) regarding entrusted contracts in the Contract Chapter; and the provisions of Article 52 and Article 53 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021) regarding infringement actions. Action list: First, statistically analyze the consultation volume, contract review volume, and emergency cases over the past year; Second, prioritize long-term, high-frequency, and continuous needs for regular services, and select specialized services for single major cases; Third, clarify whether the regular services include litigation representation and the handling methods for specialized derivative daily issues when signing contracts; Fourth, implement specialized services for major projects, clarify budgets and milestones; Fifth, review service volumes annually and dynamically adjust models and teams. For more details, please refer to the document.Intellectual property protection and corporate legal services.

5. Henglue Law Firm's Advice

The core of the selection model is matching, not saving money. If the service is not used on a regular basis, the contract can stipulate service quantity grading or quarterly review and adjustment; if no one manages the daily affairs after the special project is completed, the contract can stipulate a transition period of service or a switch to regular service. Only by flexibly combining the two can we both prevent daily risks and cope with major events. When handling similar matters in the Beijing area, it is recommended that enterprises entrust a professional service provider as early as possible before making the arrangementBeijing Henglu Law FirmThe professional team evaluates the adaptation plan.

VI. Frequently Asked Questions

Q1: Does the annual legal advisor service include litigation?

Most of these services are not included. Full-year services typically cover daily consultation, contract review, system recommendations, and risk warnings; litigation and arbitration representation generally require separate commissioning and fees. When signing the contract, you should carefully read the service scope provisions and clarify whether litigation is included, how many times it is included, and how it is billed to avoid disputes later. For enterprises with frequent litigation needs, they can stipulate an annual litigation representation quota and a discount mechanism in the contract.

Q2: How to determine whether a company is suitable for long-term or special-purpose financing?

From two perspectives: daily legal workload and the frequency of major legal matters. For frequent daily consultations and contract reviews that require continuous follow-up, choose an annual retainer; for clear-cut single major legal matters with minimal daily legal needs, choose a project-based retainer. The mature approach is to start with an annual retainer and add a project-based retainer for major projects, balancing daily support and focused problem-solving.

Q3: How much does each of the two models cost respectively?

There is no unified government pricing for these services. Annual fees range from thousands of yuan to tens of thousands of yuan, depending on the scope of services, response times, and whether litigation is included; special projects are billed by the hour or per project, with fees ranging from thousands of yuan to hundreds of thousands of yuan, depending on the subject matter and workload. When signing a contract, it is important to clarify the scope of services and the rules for charging beyond the scope, and to be cautious of quotes that are significantly lower than the market price, which may indicate compromised service quality.

Q4: After signing a long-term consulting contract, how long will it take to feel the benefits of the service?

When all the necessary information is available, we generally complete the initial communication and provide a service proposal within one to two weeks. For daily consultations and contract reviews, we respond according to the timeframes specified in the contract, with the fastest responses being provided on the same day or the next day. If the enterprise does not have a fixed contact person or if the requirements are unclear, this will significantly reduce the response efficiency. It is recommended to designate a contact person and establish a process for submitting requirements when signing the contract.

Q5: If a company wants to hire a consultant, what should they do first?

Five steps to move forward: First, sort out the list of legal issues in the past year and distinguish between daily and major ones; Second, count the number of consultations, contracts, and emergencies; Third, clarify the budget range and whether litigation is needed as a backstop; Fourth, use the same set of requirements to compare and select solutions, and verify the qualifications and the main team; Fifth, sign a written contract, agree on the service volume, response deadlines, and an annual adjustment mechanism.

The above questions and answers are mainly based on judicial practices in the Beijing area. 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits.Intellectual property protection legal services·Attorney Party Pei·Beijing Henglu 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.