Work report of legal adviser 1
The year 20____ is coming. With the attention and support of the District Judicial Bureau and Liangzhu Judicial Office, the village's legal consultant work completed various legal services and legal activities in the new rural construction as scheduled. Through the platform of legal adviser, guided by the application of legal knowledge, we are committed to providing services to villagers, realizing the rule of law and contributing to the construction and development of new countryside in our village. The work of the village legal adviser for 20 years is summarized as follows:
First, earnestly perform the duties and obligations of legal advisers, actively participate in various activities organized by village committees, and devote themselves to the economic construction and legal system construction of the village with their own legal professional knowledge and practical ability.
Two, the establishment of legal service consultation reception station in the village, to carry out the "one thing, one law" legal service activities. Provide relevant legal services for different cases. Carry out publicity on popularizing the law, improve the legal quality of villagers and enhance their legal awareness. According to the actual legal needs of villagers, popularize and publicize legal knowledge closely related to villagers' lives. Provide legal consultation services (including face-to-face consultation and telephone consultation, etc.). ) Serve the villagers free of charge and seriously answer all kinds of legal advice put forward by the villagers; Patiently mediating various contradictions and disputes between families and neighborhoods has improved villagers' awareness of legal knowledge and enhanced their common sense of using legal weapons to protect themselves from harm. In 20____, my village held legal lectures (2 sessions), answered all kinds of legal consultations (10 times), participated in mediating all kinds of contradictions and disputes (5 cases), and wrote all kinds of legal documents (5 cases), making efforts to maintain social stability in its jurisdiction. While summing up my achievements, I also realized the shortcomings in my work. In the next step, I will continue to explore some new ideas and practices of legal counsel work in the construction of new countryside, realize the standardization and institutionalization of legal counsel work, do good deeds and do practical things, actively play the role of legal counsel as a platform, improve various rules and regulations, coordinate in many ways, and establish a long-term working mechanism suitable for the operation of legal counsel in new countryside of our village, in order to build our village into a "village with developed production, affluent life, civilized rural customs and cleanliness"
Report on the work of the second legal adviser
Sincere cooperation for another year, as a perennial legal consultant of Zhejiang Branch of an insurance company, in the past year, with the scientific decision-making and strong support of your company's leaders and the extensive efforts of all employees of the branch, especially the risk management department, through our unremitting efforts, the legal affairs of the branch have achieved good results. The old year has passed, and the new year has drifted in. In order to sum up the work, carry forward the past and carry forward the future, and better carry out and complete the work in the new year, the work of legal counsel in the past year is summarized as follows:
First, make every effort to prevent false claims and recover the company's losses to the maximum extent.
Last year, Fang Zhongliang, a former employee of Yuhang Branch, took advantage of his position to collude with the repair shop and used illegal means such as car registration, fake invoices and fake accidents to earn or defraud insurance money through litigation. With the cooperation of our customer service department and Hangzhou sales department, we not only smashed its attempt, but also won the Hangzhou Intermediate People's Court to transfer the case to the procuratorate for investigation. Two typical cases, involving an amount of 6.5438+0.4 million yuan. Through our efforts, the company's losses have been avoided. Details of these two cases are as follows:
Once, after buying a used car in the name of others, he applied the number plate of Henan Electric Power Company to create a unilateral insurance accident, falsely claiming that the car was owned by Fang Zhongliang's mother Gu Meizhen. Fang Zhongliang filed a compensation lawsuit with Yuhang District People's Court as an agent in the name of plaintiff Gu Meizhen. The object of the lawsuit is more than 80,000 yuan. After the case occurred, it was learned through the investigation of Yongan Henan Company that the vehicles of Henan Electric Power Bureau had never been to Zhejiang, and the vehicles were parked in the compound of the Electric Power Bureau and were not used at the time of the accident. Henan Electric Power Bureau, the owner of the real license plate, issued the ownership certificate, which directly denied the fact that Fang Zhongliang submitted to the court that his mother was the owner of the vehicle. We have been to the public security and courts, and we have repeatedly reported the situation to the Insurance Regulatory Bureau. After hard work, Fang Zhongliang withdrew his lawsuit from the court and gave up his claim for the vehicle.
A few months later, Fang Zhongliang filed a lawsuit against another car in the name of his mother to the Gongshu District People's Court. The vehicle was also a one-way accident in the dead of night, and the accident certificate was made up 10 days after the accident. Fang Zhongliang used fake auto repair invoices to claim insurance compensation of nearly 60,000 yuan from the court. In this case, our company's loss adjuster assessed the loss of more than 30,000 yuan, and the legal staff of Hangzhou Sales Department participated in the lawsuit in the first instance. The court of first instance fully supported Gu Meizhen's claim.
In the second instance of this case, this legal adviser is an agent ad litem. At first, the judge of the Intermediate People's Court held that since the accident was real, it was unreasonable for the insurance company not to settle claims. After many times of communication with the judges of the Intermediate People's Court, I presented strong evidence of forging false invoices, and made a written report on the case of Henan Electric Power Bureau, requesting the Intermediate People's Court to transfer the case to the procuratorate for investigation. After two trials, the Intermediate People's Court revoked the judgment of the first instance, rejected all the claims of Gu Meizhen, and transferred the case according to the request of the agent. The case is still under investigation.
Only the above two accidents, through the efforts of our legal adviser, saved the economic loss of1.4000 yuan for the company.
Second, actively participate in the settlement of claims cases and try to make the company in a favorable position in the lawsuit.
Because many institutions in the branch are involved in litigation by legal personnel, there are not many cases in which legal counsel is actually entrusted to respond to the lawsuit. Over the past year, * * * has entrusted more than ten cases. But these cases have basically achieved good results. The following are some case studies.
In the case of Zhang Mao in Binjiang District, Hangzhou, Zhang Mao killed a man with his car. After the settlement of the claim, the victim's relatives repented and sued the infringer and our company to the Binjiang District People's Court with the town mark as the claim. At first, the presiding judge thought that in this case, the insurance company should settle claims according to the urban standards. After three trials and our unremitting efforts, we finally decided that the insurance company would no longer bear the insurance liability. In the lightning strike case of Huzhou Maoxing Chemical Fiber Co., Ltd., the plaintiff Maoxing Chemical Fiber Co., Ltd. asked our company to bear the insurance liability, but there was no dispute about the insurance liability during the settlement of this case, only the amount of compensation was controversial. After receiving the entrustment, we obtained evidence from Zhejiang Meteorological Bureau and Huzhou Meteorological Bureau respectively, and the evidence showed that there was no thunderstorm at the time claimed by the plaintiff. So we refused to pay compensation, and later, under the auspices of the judge, the case was mediated in a mediation scheme that was obviously beneficial to our insurance company.
In the insurance contract dispute case of Shaoxing Kailida Textile Co., Ltd., the driver of Shaoxing Kailida Textile Co., Ltd. escaped after the accident, but our company did not correctly fulfill the obligation to explain the insurance exemption clause when underwriting. The first trial ruled that we were liable for compensation according to nearly 400,000 yuan, and the second trial tried to mediate, and the compensation amount was 230,000 yuan.
Work report of legal adviser 3
The work of legal consultant is related to the construction of a government ruled by law and is an important help to promote the construction of filial piety under the rule of law. This year, under the leadership of the district government and with the joint efforts of four legal advisers, the legal adviser work in Xiaonan District has made great achievements.
I. Basic information
For a long time, the appointment system of part-time government legal adviser has been implemented in the legal advisory work in our district, and professionals have been selected from professional institutions with rich legal practice experience, such as law firms, to serve as part-time government legal advisers, mainly responsible for participating in the demonstration of important administrative decisions of the district government and providing legal and policy basis; Drafting, revising and reviewing contracts, agreements and other legal documents signed in the name of the District People's Government and government offices, and participating in the negotiation of major economic projects as needed; Participate in the research and demonstration of the administrative opinions and implementation plans of the district government according to law; Participate in the consultation and demonstration of normative documents; According to the needs, provide advice for administrative law enforcement supervision and administrative reconsideration, and handle civil and administrative litigation cases of the district government.
Second, the main results
First, actively participate in major administrative decisions of the government. Since the beginning of this year, the district government legal adviser has attended the district government executive meeting five times, participated in the discussion of major administrative decisions, provided legal services for the district government to make decisions according to law, ensured that major government decisions were in compliance with laws and regulations, and promoted the pace of building a government ruled by law.
Second, actively serve economic development. Provide legal review opinions on major investments, major project construction and important contracts. 9 times focused on major government activities, important investments and important contracts. Participated in drafting articles of association for 4 times and normative documents for more than 30 times, and put forward constructive review opinions on the formulation of normative documents to ensure the scientificity, legitimacy and operability of major government decisions.
Third, actively provide professional services for administrative reconsideration and administrative litigation cases. Since the beginning of this year, government legal advisers have participated in administrative litigation for five times, providing legal advice for the settlement of administrative reconsideration cases. At the first administrative reconsideration committee in our district, the legal adviser made full use of legal knowledge, combined with the case, and made in-depth analysis, which finally contributed to the legal and reasonable solution of Huang's administrative reconsideration case.
Third, the existing problems
First, the potential and role have not been fully exerted. Limited by the number of personnel, time and energy, the government legal adviser failed to participate in government decision-making and daily law-related affairs in an all-round and multi-angle way; At the same time, due to the lack of incentive mechanism, the enthusiasm of government legal advisers has not been fully mobilized.
Second, the long-term mechanism needs to be further improved. Our district has implemented the government legal adviser system for many years. Although it has played a positive role in promoting the rapid economic and social development in our region, from the perspective of implementing the requirements of administration according to law and realizing the legalization, standardization and scientificity of administrative work, it is necessary to further improve the relevant supporting systems and improve the long-term mechanism of government legal adviser work.
Fourth, the next step
First, increase the participation of government legal advisers in government affairs. The scope of legal services provided by government legal advisers for legal matters involved in the process of government administration according to law should be further expanded, which is an inevitable requirement for building a "government ruled by law".
The second is to improve the comprehensive quality of government legal advisers. When undertaking government legal affairs, legal advisers are not simply about the application of laws, but more about laws, policies and social issues. As a government legal adviser, you need not only rich litigation experience, but also strong political awareness, professional awareness and responsibility awareness, a correct grasp of regional conditions and the ability to analyze and judge decision-making risks. Therefore, it is necessary to improve the professional skills and comprehensive service ability of government legal advisers to better meet the needs of government work.
The third is to establish a long-term assessment and incentive mechanism, mobilize the enthusiasm of government legal advisers, promote the development of government legal advisers, and improve the level of government administration according to law.
Work report of legal adviser 4
In the new year, with the strong support and active cooperation of leaders, we have completed the legal consultant work of 20 10. In this year, your company's operation and management risks have been effectively prevented. The old year has passed, and the new year has drifted in. In order to sum up the work, carry forward the past and better provide effective standardized management and risk prevention for your company's future development, the legal advisory work in the past year is summarized as follows from the positive aspects, negative aspects and suggestions:
1. During the consulting service of our lawyers from 2010/kloc-0+1October 27th to 201165438+1October 26th, we mainly
1. Help the company to sort out and formulate the company management system, and strengthen the standardized management of the company by formulating the company management system; Clarify the daily work responsibilities of all departments of the company, so that all departments have clear division of labor, clear job responsibilities and orderly business; Give full play to the enthusiasm and creativity of all staff, and improve the technical, operational and management level of all staff; Improve the company's management system and enhance the company's competitiveness.
2. Strictly review and formulate various contracts of the company. By drafting asphalt mixture processing contract, asphalt mixture supply contract, mechanical equipment lease contract, pavement asphalt paving project contract, land lease contract, house lease contract, purchase and sale contract, reconciliation agreement, partnership agreement, financial lease contract, etc. And timely review and modify all kinds of contracts that your company will sign. I think the company has made some achievements in preventing disputes and laid a solid foundation for the further performance of contracts in the future.
3. Actively participate in the company's daily work meeting, understand the company's operation and management, and promptly answer and deal with legal issues arising in the company's daily work. It has prevented some unexpected situations and made the company's production and operation more stable and orderly.
4. Assist the senior management of your company to go to Guizhou Province, Lijiang and other places to review and check the equipment procurement and investment projects, always put your company's interests first when drafting the contract, and fully consider the relief ways for future risks when designing the terms, so that the company will not get into trouble. Finding the problems and pointing out the risks that may bring to your company in time will make your company more fully consider when making decisions, and make this investment achieve the expected purpose and gain more initiative.
5. Participate in the commercial negotiation of your company's share purchase, analyze the possible potential commercial risks, put forward reasonable suggestions in time and deal with them correctly, actively safeguard the company's interests and prevent the occurrence of risks.
6. Keep track of your company's accounts receivable in time. For customers who are overdue for a long time, send a collection power of attorney to the other party to clarify the interests of the other party and strive to make the other party pay the money owed to the company as soon as possible.
7, properly handle your company and. . . We actively communicate with the other parties and judges about the disputes over the sales contracts between limited companies. Through our litigation skills, we have avoided the occurrence of litigation, maximized the interests of the company and avoided the entanglement of some unnecessary disputes.
8. Actively deal with your company. . . Group company construction contract dispute cases, timely communication and dialogue with the other party and the judge, and strive to do a good job, as soon as possible to maximize the company's funds.
In the process of 20 10 legal consulting service, the work of our lawyers has achieved certain results. Through the 20 10 legal service, we can clearly see that your company's management environment, mode and profitability have been significantly improved through the multi-angle and all-round efforts of our lawyers. And from the perspective of risk prevention and control, through the consulting services of our lawyers, our work has effectively achieved the overall goal of 20 10 risk prevention and control, and the company's
Second, of course, in the 20 10 legal advisory service, we also saw the shortcomings in our work, as follows:
1. Work enthusiasm still needs to be strengthened. After your company established a perennial legal relationship with our firm, our firm was headed by lawyer Tao Yingqiang. In the process of service, our lawyers sometimes serve passively. Your company's requirements and problems were discovered by your company leaders in their work. The leaders of your company may not be familiar with the legal system of the whole company, and many hidden problems have not been discovered, which may be the potential risks. This lawyer's service is not in place and not in depth. The purpose of consultants is to find potential and hidden problems, and then take precautions through the professional knowledge of lawyers to avoid disputes in the future.
2. The content and scope of the consultation work are not deep enough. Although the consultant lawyer drafted the asphalt mixture processing contract, asphalt mixture supply contract, machinery and equipment lease contract, pavement asphalt pavement engineering contract, land lease contract, house lease contract, sales contract, partnership agreement and financing lease contract &; & However, due to the lawyer's failure to follow up the performance and enforcement of the contract, even if it is a good contract, there will still be disputes if the details are not paid enough attention. After the signing of the relevant contracts in your company, all the matters needing attention and collected materials may not be in place, and the form and effect of legal evidence may not be achieved, which may lead to hidden disputes. Lawyers should strengthen supervision in the future.
Your company is a limited liability company, but in the consulting service of 20 10, the lawyer did not provide legal advice on the company's operation and management, which is a big aspect. It is necessary to communicate with the leadership in depth and strengthen corporate governance. Financially, lawyers are not involved in any work, which may be inconsistent with the law.
Three. After 20 10 years of service, we see that the company needs to strengthen and improve in the following aspects, with special suggestions as follows:
1. Your company should pay attention to the rights and obligations of the shareholders' meeting, the board of directors and the board of supervisors. As far as our lawyers know, your company has only four shareholders. Even so, the shareholders' meeting and the board of directors must be held once a year in the form of law, and the company should put the contents of the resolutions of the meeting on record so that the audit or major issues can be well documented.
2. Profit distribution.
According to the principle of company law, a limited company bears limited liability, and the principle of company law is that capital remains unchanged and capital is maintained. In addition, according to Article 167 of the Company Law, when the company distributes the after-tax profits of the current year, it shall withdraw 10% of the profits and include it in the company's statutory reserve fund. If the accumulated amount of the statutory common reserve fund of the company is more than 50% of the registered capital of the company, it may not be withdrawn. Our lawyers suggest that the executive director should make a distribution plan every year, and the shareholders' meeting will make a resolution to distribute all the profits after 65,438+00% extraction to individual shareholders, so as to clarify the company property and shareholders' personal property and ensure that the assets are relatively consistent with the registered capital. If shareholders do not distribute profits for a long time, it will lead to the property that can be divided up by their own shareholders and the company's pot. In the case of compensation, dissolution and bankruptcy, it is bound to classify the property that could have been divided by shareholders into the company, and ultimately bear unnecessary debts for the company.
3. Strengthen accounting management.
According to Article 165 of the Company Law, a company shall prepare financial and accounting reports at the end of each fiscal year and audit them by an accounting firm according to law. Financial and accounting reports shall be prepared in accordance with laws, administrative regulations and the provisions of the financial department of the State Council. Article 202 Where a company, in violation of the provisions of this Law, sets up accounting books in addition to the statutory accounting books, the financial department of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan. Article 203 Where a company makes false records or conceals important facts in the financial and accounting reports and other materials provided to the relevant competent authorities according to law, the relevant competent authorities shall impose a fine of not less than 30,000 yuan but not more than 300,000 yuan on the directly responsible person in charge and other directly responsible personnel. Article 204 Where a company fails to withdraw the statutory reserve fund in accordance with the provisions of this Law, the financial department of the people's government at or above the county level shall order it to make up the amount that should be withdrawn, and may impose a fine of less than 200,000 yuan on the company. Our lawyers suggest that financial formulation is the core of the company, and we should strictly regulate our work not only in hiring corresponding personnel, but also in the system. Once we make accounts in violation of regulations, we may incur the responsibility of administrative punishment for making accounts off the balance sheet.
4, strengthen the management of employees and legal awareness training.
The quality and image of employees represent the strength, scale and development of the company. Employees are an integral part of the company, and retaining talents is the premise and guarantee of the company's sustainable development. Because some employees don't understand labor laws and regulations, they may change jobs at any time.
Work report of legal adviser 5
Sincere cooperation for another year, as your company's perennial legal adviser, in the past year, with the scientific decision-making and strong support of your company's leaders, the extensive efforts of all employees in the company's legal affairs department, and the unremitting efforts of both sides, the company's legal affairs work has achieved good results. The old year has passed, and the new year has drifted in. In order to sum up the work, carry forward the past and forge ahead into the future, the work of the legal adviser in the past year is summarized as follows:
First, do a good job in the execution of closed cases in order to recover the company's losses to the maximum extent.
In 2000, there were three litigation cases about the company payment collection, one of which was Pan _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In the previous case, we actively cooperated with the people's court of _ _ county and communicated with the executive judge many times in time, so that the executive judge could make a difference and make a contribution. In the end, the court returned the litigation deposit of our company in time, and all the debts owed by Pan _ _ were executed according to law. In the latter two cases, the implementation has not been smooth and has failed so far. The fundamental reason is that the parties have no fixed address and their whereabouts are unknown. At present, we don't know their whereabouts and fixed address, and the court can't carry out the execution work because we provided the residence of the parties, which makes the execution of the last two cases not over yet. This virtually led to the company's direct losses. In the new year, we will actively inquire about the traces of the parties in the above two cases, urge the court to intensify its enforcement work, fully cooperate with the court's enforcement work, and recover the losses of the company as soon as possible. Two? A lawyer's letter and legal opinion were issued in accordance with the law, requiring customers to fulfill their agreed obligations and guiding the company and the company's legal affairs department to carry out legal affairs in an orderly manner. The main performance is as follows:
(1) Send a lawyer's reminder letter to companies that are in arrears with our payment, such as Henan Co., Ltd., asking the companies that are in arrears with our payment to pay off the payment in time, so as to timely collect the payment from the company and avoid unnecessary losses.
(2) In order to crack down on illegal and criminal acts and safeguard the personal rights of employees, at the request of the company, a number of legal opinions were issued according to law.
In June 5438 +20 __ _ year 10, Sun _, the former employee of our company, repeatedly threatened Li _ _, the main leader of our company, in different ways and means to extort money. When we received the notice from the company, we were deeply aware of the seriousness of the matter, and immediately contacted the company to study the nature and legal consequences of Sun Ping's behavior with the company leaders in time. After research and analysis, we believe that Sun _ _ _' s behavior has constituted the crime of extortion, so we made it clear to the company that Sun _ _ _ _' s behavior is serious and has been suspected of committing a crime according to the provisions of China's criminal law. In order to stop the illegal behavior and ensure the personal safety of Li _ _ _, it is suggested to report the case to the public security and judicial organs, who will intervene in the investigation and investigate Sun _ _ _'s criminal responsibility. To this end, two legal opinions on Sun's alleged extortion were issued to the company twice in a row to better safeguard the legitimate rights and interests of the company and its employees.
Three. Continue to make suggestions for standardizing company management and legal and orderly production and operation.
It is necessary to standardize the operation and management of companies, especially the operation and management activities of large companies, in order to make them scientific and orderly. Our company is a big one, and it is growing day by day. Therefore, it is very important and necessary to standardize the operation and management of our company. Therefore, we actively contact the company's legal department, timely adjust and modify the company's relevant rules and regulations, and refine them to regulate the behavior of the company and employees as much as possible. At the same time, pay attention to a certain aspect of the case or company management. For example, the management of pesticide industry, we revised the article "Some Opinions and Suggestions on China's Industry Management" and submitted it to the company for reference.
Fourth, the guarantee system for marketing personnel of the company was formulated and improved, and the guarantee procedures were handled for some marketing personnel. (a) to develop and improve the company's marketing personnel security system. Summarized and improved the guarantee system of the company's marketing personnel for many years, and formulated the guarantee operation rules, guarantee contract, internal sales contract, guarantor's basic information table, guarantee property list, etc.
(2) Handling guarantee procedures for some marketers. In March, 20 _ _, I went to Guilin, Yulin, Guigang, Liuzhou and other places to handle the guarantee procedures for some marketers.
(3) In order to safeguard the company's interests and recover economic losses, continue to appeal and protest against the case of Li _ _ and others' arrears to the company. After the first and second trials, the court ruled that the dispute between Li _ _ and others and the company belonged to the internal affairs of the company and was resolved by the company itself. We believe that the court's ruling is legally unfounded. Now the case has been appealed to the District Procuratorate, which has transferred the case to the District Procuratorate for filing and examination, and will lodge a protest.
5. Hold legal lectures and train employees in legal knowledge.
65438, 20 __, held a legal training lecture on the new company law in Hawaii International Hotel on February 29, and sent a letter to invite general manager Li and other company leaders to attend. As the end of the year is approaching, most of the company's affairs cannot be attended. In view of this, we submitted to the company.
The materials of this lecture are for the company's timely reference, and the fifth issue of "Wang Tong Legal Reference" of law firm is attached for the company to read, so as to understand the legal knowledge and current legal trends. The above is a summary of our consulting work over the past year. Looking back on the past year, although part of the payment for goods could not be recovered in time and the closed cases could not be executed, we are glad to see that the company's business is booming, the company's operation is orderly and standardized, and the number of litigation matters is obviously reduced. Objectively, this is inseparable from the hard work of our consultants. We deeply apologize for the shortcomings in our work, and sincerely hope that in the next 20 __ years, we can cooperate wholeheartedly, participate in the company's operation and management, provide legal basis for the company's scientific decision-making, improve the company's legal awareness and concept, use legal knowledge as a weapon in the market economy, do a better job in your company's legal affairs, truly safeguard the company's legitimate rights and interests, and strive to enhance the company's market competitiveness.
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