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In fact, it is inevitable that certain legal problems could arise in the course of business operations. In order to efficiently control legal risks, as well as ensure healthy business activities and sustainable benefits, a great number of companies currently use an "outside" regular legal retainer service provided by reputable law firms. This is considered a smart and effective consulting service because it not only helps companies proactively control all their legal risks, but it also helps them save time and costs during the business operations.


1.    Benefits of an “outside” regular legal retainer service


  • An “outside” regular retainer law firm usually gathers a team of attorneys and legal experts with extensive experience and expertise in a variety of fields: corporate, civil, labor, commercial, intellectual property, etc. to interact and support legal issues of the company frequently and continuously. Therefore, the company can achieve some of the following specific benefits when using this service:


  • To obtain the comprehensive advice from attorneys on legal issues that the company is facing or might face. The company can actively contact and work directly with attorneys, associates and legal experts of the law firm for advice and resolution in the most effective and fastest way. Consequently, the company shall take the initiative in the control of all legal risks and maximize all legal advantages.


  • The company’s budget shall be significantly saved. The company often only has to pay a fixed monthly fee to receive helpful advice on legal issues that it is concerned. A reasonable service fee will be much more economical than the fees for establishment and nourishment of a certain legal department in the company.


  • The service term is flexible. In case the company changes its operation structure, no longer needs to use an “outside” regular legal retainer service or dissatisfied with the law firm’s service quality, it can terminate the service with a writing notice in advance within a reasonable period as agreed between the parties.


  • Legal documents related to the company’s field of activity are updated regularly and periodically. This helps the company to conveniently grasp modifications in the laws that affect its business, in order to adjust policies and regimes accordingly and to anticipate new business opportunities in a timely manner. 


  • The scope of service is diverse. The scope of service will be built on the basis of considering the company’s practically legal needs as well as budget. Therefore, the company can limit the legal issues that need to be consulted with an affordable service fee.


2.    The scope of work of an “outside” regular legal retainer service


The “outside” regular legal retainer service usually includes, but is not limited to, the underneath specific tasks:


2.1.    Legal advice on Contracts and transactions


To review/draft all types of contracts arising regularly in business activities of the company, such as sales and purchase contracts, service contracts, office/factory lease contracts, cooperation contracts, information confidentiality and non-competition agreements, labor contracts, etc.


2.2.    Legal advice on corporate governance


To support and advise on general corporate issues, such as the establishment of an enterprise, branch, representative office; the change of enterprise type, the re-organization, etc.


To review/draft and finalize the Charter, Minutes, Resolutions, Decisions, Regulations and other internal documents of the company.


To draft/respond to Negotiated Official Letters, Letters of Demand, Written Notices, etc.


2.3.    Legal advice on labors


To advise/draft/review labor contracts, internal labor regulations, collective labor agreements, the labor discipline, the social insurance, pay scales, payrolls, the company’s information confidentiality regulations.


2.4.    Legal advice on intellectual property


To advise issues on the establishment of intellectual property rights, such as preliminary search of trademarks, industrial designs; to advise the possibility and procedures for registration of trademarks, trade names, copyrights and copyrights related rights.


To advise issues on handling intellectual property infringement, such as assessing the possibility of infringing trademarks, trade names, industrial designs, patents, copyrights and copyrights related rights.


2.5.    Legal advice on advertisement and e-commerce


To carry out legal procedures such as applications for advertising, promotion licenses; announcements for the website and application.


To present the legal advice on the announcement/registration of websites, e-commerce sites.


2.6.    To guide and support the implementation of tasks that require contact with competent state agencies


2.7.    To advise legal issues regarding the negotiation and conclusion of contracts with partners


2.8.    Other legal advice in connection with the company operations


To maximize benefits and solve legal matters arising in the course of business operations, the use of an "outside" regular retainer law firm for counselling legal compliance matters is an option should be taken into consideration. With the dedicated, professional services and a team of experienced attorneys, ADK & Co Vietnam Lawyers Law Firm is proud to be a reliable address which provides the legal support for the companies productively.


ADK & Co. Vietnam Lawyers Law Firm.


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