Agency contract of law firm 1
Customer: Company
Address:
Contact person:
Contact telephone number:
Fax:
Trustee: Law firm.
Address:
Contact person:
Contact telephone number:
Fax:
Due to a dispute between Party A and Party B, Party A entrusts Party B as an agent ad litem, and through friendly negotiation, this Contract is hereby concluded and performed by both parties.
I. Entrusting matters
1. Party A entrusts Party B as the agent ad litem of Party A and the dispute case. The power of attorney is general, and the power of attorney shall prevail. Party A designates to participate in the litigation, and the agency authority is special agency.
2. Party B and the lawyer declare that there are no matters and business relationships that conflict with the agent when signing this contract. During the performance of this contract, Party B and its lawyers shall not engage in any business that may have an interest in this case. Without the consent of Party A, Party B shall not act as the legal adviser or agent of the other party who has a legal interest conflict with Party A. ..
3. The lawyer appointed by Party B as the agent of Party A shall not be changed. If it is really necessary to change, the written consent of Party A must be obtained. If Party A does not agree to the change, this contract will be automatically terminated, and Party B will refund all the agency fees collected.
4. The performance period of this contract is one year, and the entrusted matters are: retrial of first instance and second instance. After the performance period ends, this contract will automatically terminate. If both parties reach a supplementary agreement through consultation, this contract can continue to be performed, and both parties shall stipulate the performance period separately in the supplementary agreement.
Two. Rights and obligations of Party A
1. Provide Party B with documents and background information related to the entrusted matters.
2. Cooperate with all the work done by Party B for the benefit of Party A, and provide Party B with work convenience according to actual needs.
3. Party A shall pay the lawyer's fees to Party B in full and on time as agreed in this contract.
4. If Party A thinks that Party B can't complete the agency matters, it can notify Party B in writing to terminate the contract at any time. When the notice of termination reaches Party B, the Contract is terminated and Party A will not pay the remaining agency fees. However, Party A shall compensate Party B for the actual expenses incurred before the termination of the Contract.
Three. Rights and obligations of Party B
1. Party B promises to provide legal services agreed in this contract to Party A in accordance with the business standards and professional ethics required by the lawyer industry, and earnestly safeguard Party A's rights and interests in accordance with the law, and handle the affairs entrusted by Party A in a timely and prompt manner according to Party A's requirements.
2. Party B promises to keep confidential the information or materials it has learned or obtained from Party A during the performance of this contract, unless it is disclosed with the written consent of Party A. ..
3. Party B shall file the business of Party A separately. Complete work records shall be kept. Original evidence and legal documents involving Party A shall be kept by Party A, and Party B shall keep copies. If you need to use the original, you should go through the borrowing formalities and return it in time.
Four. Specific services provided by Party B to Party A
1. Submit case analysis to Party A, including legal analysis, evidence preparation, analysis of main legal points, possible defense reasons of the other party, handling ideas, case handling objectives, cooperation matters that need to be provided by Party A, etc.
2. Drafting and preparing litigation documents, including but not limited to power of attorney, civil complaint, written agency opinion, defense opinion, evidence list and explanation, relevant application, etc.
3. Consult all kinds of materials related to this case and investigate and collect evidence on the facts of this case.
4. Attend the trial on behalf of the court and give opinions to the court on the procedural and substantive issues of this case.
5. Authorized to participate in mediation on behalf of Party A, but ultimately it is up to Party A to decide whether to agree to the mediation result.
6. Sign, send, accept and transmit various legal documents on behalf of others. The specific authority shall be subject to the power of attorney.
7. According to the progress of agency work, submit written materials such as case analysis, agency words and case summary to Party A. Among them, written agency opinions should be given to Party A before the first court session, and formal agency opinions should be supplemented and improved within three days after the court session. Submit a case summary to Party A within seven days after receiving the judgment, mediation or execution, including legal analysis and management suggestions on the case handling process.
Verb (abbreviation of verb) proxy mode
According to the Contract Law and relevant laws and regulations, Party A and Party B agree that the cases involved in this contract are represented by ordinary/risk agencies, as follows:
1. For the preliminary handling expenses, the following methods are adopted:
(1) From the signing of this contract to the final judgment of this case, Party B will not charge any fees.
(2) After the signing of this contract, Party A shall pay Party B the preliminary handling fee.
2. Payment method in case handling:
(1) After Party B's efforts, the first-instance judgment or arbitration award is reached, and Party A shall pay the lawyer's fee to Party B within 7 days after receiving the judgment or award and the case summary.
(2) After Party B's efforts, the judgment of the second instance is reached, and Party A shall pay the lawyer's fee to Party B within 7 days after receiving the judgment and the summary of the case.
(3) Party B made efforts to reach a retrial judgment, and Party A received the judgment.
Pay the lawyer's agency fee to Party B within 7 days after the pleadings and briefs.
(4) If Party B tries to obtain the execution payment from the defendant, Party A shall pay the lawyer's agency fee to Party B within 7 days after receiving the execution payment.
3. Other circumstances:
During the litigation/arbitration, if Party A and the defendant settle the case through mediation/conciliation, Party A shall pay the lawyer's fee to Party B, and Party A shall pay the lawyer's fee to Party B within 7 days after receiving the mediation and the case summary.
4. Necessary and reasonable legal fees, arbitration fees, inquiry fees, preservation fees, appraisal fees, evaluation fees, auction fees, investigation and overseas travel expenses and accommodation fees incurred by Party B in the activities related to Party A's agency affairs shall be reimbursed by Party A according to the facts; Other expenses related to (including but not limited to) accommodation, transportation, communication, communication and photocopying. In the office area of Party B, it shall be borne by Party B. ..
Liability for breach of contract of intransitive verbs
1. Party A and Party B may modify or terminate this contract through consultation. The termination of the contract shall be notified to the other party in writing.
2. In any of the following circumstances, Party A has the right to terminate the contract at any time, and Party B shall refund the agency fee paid by Party A and compensate Party A for its actual losses:
(1) Party B fails to provide legal services or obligations agreed in this contract without justifiable reasons.
(2) Concealing the relationship with the party concerned;
(3) Violating relevant confidentiality agreements;
(four) the important original evidence and legal documents are lost;
(five) in violation of the professional ethics of lawyers, causing heavy losses to the entrusting unit;
6. Failing to appear in court on time;
⑦ Other circumstances that cause heavy losses to Party A due to Party B's reasons.
3. Under any of the following circumstances, Party A has the right to terminate the contract at any time, and the agency fee collected by Party B will not be refunded, and Party A will not continue to pay the agency fee:
① Party B fails to receive the legal documents on time;
② Failing to submit to Party A all kinds of legal documents drafted by Party A as stipulated in Article 4 of this Contract on time;
③ Failing to attend the meeting related to this case convened by Party A on time without Party A's consent. ..
Seven. Notification and delivery
1. All notices, documents and materials sent or provided by Party A and Party B for the performance of this contract shall be sent to the address and fax listed in this contract. If one party changes its address or telephone number, it shall notify the other party in writing.
2. If it is delivered by fax, it shall be deemed as delivered when the fax is sent; If it is delivered by post, it shall be deemed as delivered on the day when it is sent by registered mail or posted.
Eight. Dispute mediation
Any dispute arising from the performance of this contract shall be settled through friendly negotiation. If negotiation fails, the (third place) arbitration commission shall have jurisdiction over the disputes in this contract.
Nine. Unfinished business
For matters not covered in this agreement, both parties may sign a supplementary agreement separately, which shall be in written form or confirmed by both parties.
X. others
1. This contract is made in quadruplicate, with each party holding two copies, all of which have the same legal effect.
2. This contract shall come into effect as of the date of signature and seal by both parties.
Party A (seal): Party B (seal):
Signature of Party A: Signature of Party B:
Year, month, sun, moon, sun.
Principal-agent contract of law firm II
Party A:
Party B:
1. Party A entrusts Party B's lawyer to handle relevant legal affairs on behalf of Party A..
Two. Party A entrusts Party B with the authority to act as an agent, and the specific matters to be handled include: full agency and special agency: taking evidence on behalf of the other party, negotiating settlement with the other party, suing, responding to the lawsuit, withdrawing the lawsuit, acknowledging, giving up and changing the litigation request and complaint, signing a settlement agreement on behalf of the other party, signing legal documents on behalf of the other party, applying for enforcement on behalf of the other party, accepting the funds and materials paid by the other party, and accepting the legal fees and execution fees returned by the court. And handle other matters related to agency affairs on his behalf.
Three. Party A shall truthfully state the situation to Party B and provide relevant information and necessary assistance.
Four. Party B's lawyers must conscientiously and comprehensively perform their duties, be diligent and honest, and safeguard the legitimate rights and interests of Party A according to law.
Verb (abbreviation of verb) The actual expenses related to the case, such as legal fees, appraisal fees, preservation fees, execution fees, and industrial and commercial file retrieval fees, shall be borne by Party A. ..
In this case, Party A pays the agency fee to Party B in the form of risk agency: * * the agency fee is 65438+ 05% of the amount supported by Party A's litigation court. The specific payment method is as follows: 1. Pay 5% within 3 days after the first trial; 2. Pay 2.5% within 3 days after the second trial is completed; 3. Pay 7.5% on the day of execution.
1. Party B represents the first trial, second trial and execution of this case. Without Party B's permission, Party A shall not cancel the entrustment, and Party A unilaterally cancels the entrustment, and the agency fee clause will continue to take effect. Party A shall pay legal fees and security fees in advance, and refund more and make up less. In addition, Party A does not pay any fees to Party B. ..
2. In the process of agency, if Party B can obtain the compensation or other property paid by the other party (Party A agrees to mediate), the agency behavior will be terminated, and Party B will charge an agency fee of/kloc-0.5% of the mediation amount.
Seven. This contract shall come into effect after being sealed or signed by both parties. Party A and Party B shall not terminate the Contract without reason.
Eight. The validity of this contract shall be from the date of signing the contract to the end of the agency affairs stipulated in this contract.
Party A: Party B:
date month year
Law firm agency contract 3 pages
Entrusting unit (Party A):
Trustee (Party B):
In case of any dispute with Party A, Party A shall employ Party B's lawyer as the entrusted agent in accordance with People's Republic of China (PRC) Contract Law, Civil Procedure Law, Arbitration Law and Lawyers Law.
Based on the principle of good faith, Party A and Party B jointly abide by this contract through consultation.
Article 1 Principal-agent matters
Party B accepts the entrustment of Party A, and appoints lawyers as the agents of Party A.. Entrusting matters include:
Article 2 Agency authority (see power of attorney for details)
Article 3 Obligations of Party A
1 Party A shall state the case to Party B's lawyer in a true, detailed and timely manner, introduce relevant information, and provide evidence, documents and other factual materials related to the entrusted agency matters; Actively cooperate with Party B's lawyer.
2. Party A is aware of the litigation risk of entrusted agency matters and makes independent judgments or decisions; The losses caused by the decision made by Party A according to the legal opinions, suggestions and plans provided by Party B's lawyer shall be borne by Party A itself unless it is caused by the intentional or serious negligence of Party B's lawyer.
Article 4 Obligations of Party B
1 Party B shall obtain the consent of Party A in advance when changing lawyers.
Party B's lawyer shall diligently complete the entrusted matters listed in Article 1 and do his best to safeguard Party A's interests. ..
Party B's lawyer shall submit evidence and appear in court on time according to the requirements of the judicial organ, and report the progress of the case at the request of Party A. ..
Without Party A's consent, Party B's lawyer shall not act as the entrusted agent of the other party who has a legal interest conflict with Party A in an antagonistic case involving Party A..
Party B's lawyer has the responsibility to keep Party A's business secrets or personal privacy, and shall not disclose them to any third party except as provided by law or with Party A's consent. ..
Party B shall file Party A's business separately, keep complete work records, and properly keep the original evidence (originals) and legal documents involving Party A. Party B shall report the case progress and future work plan to Party A in writing at least once a month according to Party A's requirements. In case of emergency, Party A shall be informed at any time and emergency measures shall be taken in time.
Article 5 The amount and payment method of lawyer's agency fee. For all expenses paid by Party A to Party B, Party B shall issue an official invoice of the same amount to Party A, which complies with the relevant provisions of national tax laws and regulations.
Article 6 Work expenses
When Party B's lawyer handles the matters entrusted by Party A, the fees charged by the relevant judicial, appraisal, notarization and arbitration departments shall be borne by Party A; Travel expenses and other expenses are paid by.
Article 7 Termination of the Contract
Under any of the following circumstances, Party A has the right to terminate the contract by written notice: 1 Change the attorney without Party A's consent;
Failing to appear in court according to the notice of the court or arbitration institution without justifiable reasons;
3. Acting as the entrusted agent of the other party who has a conflict of legal interests with Party A in an antagonistic case involving Party A without Party A's consent;
4. Not competent for entrusted agency affairs;
5. Violation of Item 5 of Article 4, causing losses to Party A;
6. Party B violates Item 6 of Article 4 and loses the original evidence (original) and legal documents of Party A..
Article 8 Liability for breach of contract
Within the scope prescribed by law, if Party A suffers direct economic losses due to the intentional or gross negligence of Party B's lawyer, Party B shall be liable for compensation to Party A through the insured practice insurance; The insufficient compensation for practicing insurance shall be borne by Party B itself, but it shall not exceed the total amount of lawyer's agency fees charged by Party B. ..
If Party A fails to pay the lawyer's fees, reimburse the work expenses that should be reimbursed or terminate the contract without justifiable reasons, Party B has the right to ask Party A to pay the unpaid lawyer's fees and the work expenses that should be reimbursed.
Article 9 Settlement of disputes
Any dispute arising from the performance of this contract between Party A and Party B shall be settled through friendly negotiation. If negotiation fails, either party shall submit the dispute to Dalian Arbitration Commission for arbitration in accordance with its arbitration rules in effect at the time of submission. The arbitral award is final and binding on both parties.
Article 10 Validity and Invalidation of Contracts
This contract shall come into effect as of the date when both parties affix their official seals, until Party B completes the agency matters entrusted by Party A. ..
Article 11 Modification of the Contract
Changes to this contract must be agreed by both parties through consultation. For matters not covered in this contract, both parties may sign a supplementary contract separately, which has the same legal effect as this contract.
Article 12 This contract is made in triplicate, two for Party A and one for Party B. ..
Party A:
(official seal)
Party B:
(official seal)
Date of signature: year month day.
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