2022年法律顾问合同. .pdf

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1、1 Beijing YingKe Law Firm CONTRACT ON RETAINING LEGAL COUNSEL Party A: Address: Telephone: Fax: Party B: Beijing YingKe Law Firm Address: 6th Floor, Tower C, Dacheng International Center, No. 76, East 4th Ring Middle Road, Chaoyang District，Beijing, 100124 Telephone: 010-59626699Fax: 010-59626918Par

2、ty A would like to retain Party B as its legal counsel, according to Law on Legal Counsel of the Peoples Republic of China The two parties through consultation hereby agree upon, and shall be bound by, the following terms: Article Party A will designate 【】, as the lawyer employed by B, to work as As

3、 legal counsel. 【】 will provide legal assistance and protect As interests vested by law. Article Party B s scope of responsibility.Answer questions on legal issues from Client and give opinions or any advice on such issues; . Upon the clients request, Party B shall participate in commercial 名师资料总结 -

4、 - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 1 页，共 7 页 - - - - - - - - - 2 negotiations, in which Client is a party, and be concerned with drafting, modification, reviewing and examination of the legal documents such as contracts and agreements or preparing legal documents

5、 that is needed in the negotiations; . Provide economic and legal information pertain to the business operation of the client; . Represent the client in the litigation of criminal, civil, economic and administrative cases; offer strategic legal advice in litigation and arbitration as a legal advisor

6、, preventing or negating legal risk ；. Help to set up and organize files of legal documents and alarm any legal risk; .Render legal consultancy for business operation and management of client; . Participate in important economic activities of client, offering all follow up services if necessary; . P

7、rovide legal documents such as legal opinion, lawyer s advice, lawyer s testimony and lawyers letter etc;. Credibility investigation upon request: investigation on the entity qualification, business registration, legal status, true identity, background, status quo of business operation and managemen

8、t and assets status of the cooperation partners and clients of client; Upon Client s request, Party B should research, gather and explain any related law, rules, and regulations, and provide practical operational guidelines for the clients; xi. Party B may sign, send and deliver legal documents with

9、 the authority of the clients; xii. Other services after negotiation and agreement by the two parties. Article Party A s Obligations名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 2 页，共 7 页 - - - - - - - - - 3 . Party A shall provide convenience to legal counsels appo

10、inted by Party B and specially appoint a person to keep regular contact with the counsels of Party B; . Party A shall offer chances to the counsels appointed by Party B for attending clients business meetings that are concerned in order that Party B can render better legal services; . Party A should

11、 comprehensively, objectively provide information, materials and/or documents regarding the legal affair to Party B within a reasonable time; . Party A has the responsibility to make independent judgments and decisions. Party B shall not be responsible for any loss incurred by Party A that is not ca

12、used by the negligent advice of Party B. Article Party B s Obligations. The Party B accepts the authorization of the Party A and assigns lawyer 【】as the attorney to deal with Party As legal affairs;. The attorney assigned by Party B should take full responsibility to Party As legal affair stipulated

13、 in Article ; . Party B attorney should make the best efforts to maintain Party As benefit by making judgment based on the law; . Party B attorney mus t complete Party As legal affairs promptly after obtaining the materials provided by Party A; 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - -

14、- 名师精心整理 - - - - - - - 第 3 页，共 7 页 - - - - - - - - - 4 . The attorney acting for the Party B shall not deal with another party in a transaction or a dispute, without the agreement of Party B, if the other partys interest conflicts with Party B; . The attorney acting for Party B has an obligation of

15、not disclosing any trade secrets to a third party, unless agreed by Party B or sanctioned by law; . Party B shall keep a record of Party As services; the record must have a complete log of Party As services, along with the original evidences, legal documents or any belongings which should be kept pr

16、operly. Article retaining fee and work expense . The retaining fee is 【】 yuan; Methods of payment： 【】. . Party A shall bear the cost incurred by the appointed lawyer of Party B during the course of business. The cost that shall be borne by Party A is included in the list, the list is not exhaustive

17、and the cost that shall be bore is not restricted by the list. The list consists of: The commission of survey, certification fee, translation fee, outstation expenses (food, travel and accommodation). Party B shall disburse the expenses upon agreeing with Party A. Methods of payment accepted: 【】 . 名

18、师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 4 页，共 7 页 - - - - - - - - - 5 Article Termination of the contract . Contract may be terminated by mutual agreement after consultation; . If the contract is terminated before consultation: a. If Party Bs appointed lawyer i

19、s replaced arbitrarily without the agreement of Party A, Party A may terminate the contract if, by the result of the replacement, Party A suffers significant loss or drop in quality of work; b. If Party A suffers a loss because of Party Bs delay and dereliction of duty, Party A may terminate the con

20、tract; c. If Party A suffers an important loss in document that is caused by Party Bs negligence in security obligation and disadvantageous legal opinion, Party A may terminate the contract; d. If Party A has not paid the agreed fee to Party B in the stipulated time and after Party B has served a no

21、tice to Party A regarding this matter, Party B may terminate the contract if Party A still does not pay within the time given in the notice. Article Liabilities for Breach of Contract . The Parties shall strictly abide by this Contract and shall not unilaterally terminate this Contract before the ex

22、piring date of this Contract; otherwise the defaulting party shall pay the non-defaulting party a penalty which is 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 5 页，共 7 页 - - - - - - - - - 6 equal to the proportion of retaining fee for the remaining term of this Con

23、tract; . Party A shall be liable for any damage caused by Party As failure of providing the legal advisor with necessary information or materials concerned in time; . If Party A fails to pay the attorney fee on time, Party B shall have the right not to perform its obligations hereunder or to termina

24、te this Contract ；. If Party B, without proper reason, violates the agreement or does not fulfill its obligation under the contract, Party A may request Party B to return all or part of the retaining fees. Article Dispute solution In the event of a dispute, both parties must resolve the dispute in a

25、 friendly manner. If the dispute could not be resolved by mutual agreement, any parties may make an application to the Peoples court for the dispute to be heard. Article Activation of the Contract The contract shall come in to force from the date of 【】to the date of 【】. Article There shall be two co

26、pies of the contract, one for each party, signed, sealed and delivered by both parties. 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 6 页，共 7 页 - - - - - - - - - 7 Party A: Representatives signature: Address: Telephone: Date: _ year _ month _ day Party B: Beijing Yi

27、ngKe Law Firm Representatives signature:Address: 6th Floor, Tower C, Dacheng International Center, No. 76, East 4th Ring Middle Road, Chaoyang District，Beijing, 100124 Telephone: 010-59626699 Fax: 010-59626918 Date: _ year _ month _ day 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 7 页，共 7 页 - - - - - - - - -