In the current business environment, businesses always face a series of risks that are hidden in business activities, more seriously, decisions related to liability. IN-HOUSE LEGAL SERVICES
Businesses become more cautious when signing a document or contract without specifying its influence and liability. For the majority of large enterprises, it is an important and mandatory stage for lawyers to approve a document or contract before the representative signs it.
Table of Contents/Mục lục
1.What is In-house Legal Service?
In-House Legal Service is a regular legal service that LawPlus provides to businesses. The purpose is that the business can use LawPlus’s legal team to manage the legal operation of the business.
Manage legal risks, LawPlus lawyers shall participate in the management before, during and after the operation takes place. Specifically, the main issues that need lawyers to participate can be mentioned as follows:
a. Internal environment of the organization
Perform the function of company secretary such as preparing meeting minutes and resolutions for the Board of Directors, Council members and General Meetings of Shareholders … Advising and drafting internal processes, operational regulations, decentralization.
b. Compliance and risk control
Consult and make reports to help businesses comply with the law; advise and develop a set of risk control regulations and warning systems to prevent risks.
c. Labor
Consult and draft documents for the contract signing, implementation and termination of labor contracts with employees; prepare documents on collective labor agreements, labor regulations and labor discipline; draft documents to restructure the organizational structure of the enterprise.
d. Business activities
Develop contract forms that regularly arise in the enterprise operation.
Draft and negotiate commercial contracts (purchase and sale of goods, services provision, office leasing, information security agreements, principal contracts…).
Assess the legal capacity of partners; consult and perform bidding; consult and build trading structures; participate in legal assessment of investment projects.
e. Mergers and Acquisitions (M&A)
Consult on transaction structure, verify details of the subjects performing M&A transactions.
f. Consulting
Advise on legal issues that arise in business.
g. Administration
Appraise important documents that exchanges with state agencies and partners, guide and organize administrative activities in accordance with regulations.
h. License
Consult and register necessary licenses for business activities.
i. Intellectual Property
Consult strategy and implement registration and management of intellectual property in Vietnam and abroad.
j. Dispute Resolution
Negotiate dispute resolution through mediation and negotiation mechanisms, represent and protect corporate interests in dispute resolution by arbitration and courts.
k. Legal updates and training
Update and guide new legal regulations; organize legal training for management team and employees in working.
2. Why use the In-house Legal service?
Usually, enterprises have 3 options: (i) build a separate team of lawyers for the internal of the company or (ii) use the in-house lawyer service of the law firm or (iii) combine both of the above options. Each option has advantages and disadvantages, depending on the needs of each business.
Building a team of lawyers at the unit is often chosen by large-scale, system-based enterprises with many member companies. Because these businesses have a lot of workload which often arise. The on-site staff shall thoroughly understand the internal issues of the company and present to promptly participate in resolution.
However, it may be costly for the business to be able to continuously maintain a team of lawyers that is experienced enough to participate in all legal aspects. In addition, personnel fluctuation, and specialized, professional experience scope of the on-site personnel is also a challenge. For businesses where the work-load is not too much or complicated, it is not usual to choose this option.
In-house Legal Service is an effective solution from LawPlus. This is our answer in order to get an experienced lawyer team that are independent from fluctuated personnel, diverse in expertise and capable of being fully responsible for the quality of legal opinions provided for enterprises.
Besides, legal team from LawPlus shall optimize the cost so that enterprise will not have to worry about many expenses such as wages, procurement costs, working seat rental costs or compulsory insurance costs and other benefits for the legal staff of the enterprise. In addition, businesses will only pay for the service to use, therefore, it is very economical in terms of budget.
With the advantage of reasonable cost – the diversity of knowledge and experience – service spirit – responsibility by legal person – no administrative management – flexibility in using LawPlus’s In-house Legal Service has been a priority of many businesses. Especially, Lawplus’s services shall be suitable for businesses with not too much workload to maintain an on-site team. Even for larger enterprises, which have their own team of lawyers, are still recommended to use external legal services in parallel to assist with complicated issues or in case there are not appropriate personnel in the team to take charge.
Some businesses view the on-site team as a better choice of information security, rather than in-house lawyers. However, the confidentiality of lawyers’ information is in compliance with the Lawyer Law, so enterprises can be assured of being fully protected by law. In case of necessity, the enterprise may sign an information security agreement to bind the responsibilities of the parties during the process of providing services.
3. LawPlus’s method of providing in-house legal services?
When there is a need for advice and exchange, the enterprise can work with our lawyers by phone, email or participate in online meetings.
For complicated issues which is necessary to discuss directly, or to meet with departments or leaders of the enterprise, lawyers shall come to work at the enterprise.
Moreover, businesses that have many cases, lawyers shall go to enterprise office a fixed several days during a week to handle the work more effectively.
The appointed lawyers will provide the service within the framework of the standard time and the duration as agreed.
4. Method of calculating fees for in-house legal services
In-house Legal Services are usually applied fixed monthly fee or calculated fee based on the standard working hours of lawyers. If the business’s duration exceeds the standard hours of work, the business shall pay an additional fee that is usually charged by the hour. This hourly charge is usually higher than the average fee of the monthly standard hours.
5. How to use In-house legal service effectively
The company needs to assign one or several management personnel to act as a business lead exchange with LawPlus’s Lawyers. Usually, if the business has a legal team on site, the Head of Legal Department will be the contact lead. In this way, the enterprise can control the workload of the lawyers and the need to use his legal services.
In addition, businesses need to communicate to lawyers to restructure regular tasks, in order to use the service in a more economical and efficient way. For example, for contracts that arise regularly, draft sample contracts to reduce time and frequency of contract appraisal …
Currently, there are many disputes, lawsuits and prosecutions taking place that are caused by the fact that the enterprise does not have proper attention about the legality that they are responsible for before promulgating a document or making a decision. So, a safe and sustainable enterprise is an enterprise have the ability to control the legal risks in the entire operation of its business and avoid unfortunate risks.
LawPlus offers service packages with different participation levels in the operation of the business so that Clients can choose the service package that suits your needs. Clients in need please contact hotline +84 2862 779 399 or email info@lawplus.vn for more details.
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