Risk agency refers to a special entrusted litigation agency between the entrusted agent and the parties. If the client does not pay the agency fee in advance, after the case is executed, the client will pay a certain proportion of the creditor's rights executed in place to the agent as a reward. If the case is lost or the execution fails, the agent will not get any return; If the creditor's rights are executed in place, the client will pay the agent in accordance with the agreed high proportion, which has certain risks for both parties, so it is called risk agency.
1. Party B accepts the entrustment of Party A and appoints a lawyer (hereinafter referred to as attorney) as Party A's agent. ..
2. Agency matters include: claiming the creditor's rights from the debtor by sending a lawyer's letter, negotiating and settling with the debtor, applying for and participating in mediation, bringing a lawsuit to a court with jurisdiction, acting as an agent for the court's civil first-instance lawsuit, acting as an agent for the court's second-instance lawsuit, acting as an agent for execution, acting as an agent for reconciliation, acting as an agent for mediation, acting as an agent for signing relevant funds, and other matters that can recover the corresponding funds according to law.
Three. Agency: A specially authorized agency. See the power of attorney signed by both parties for details.
Four. In the process of agency, the lawyer shall abide by the lawyer's ethics and practice norms and diligently safeguard the legitimate rights and interests of Party A; And keep business secrets for Party A. ..
5. If Party B seriously violates professional ethics or relevant laws and regulations and causes losses to Party A, Party B shall be liable for compensation.
6. If Party B or his attorney illegally uses or divulges Party A's business secrets in the process of agency, thus causing losses to Party A, Party B shall compensate for the losses.
7. In the process of representing the case, if Party B finds any change in the circumstances related to the case, it must inform Party A in time; However, unless Party A clearly indicates that Party B is the sole agent, there is no need to inform Party A. ..
Eight. If the attorney is unable to act for objective reasons, Party B shall appoint other lawyers to act for him, and obtain Party A's consent in advance or afterwards.
However, Party B appoints other lawyers or paralegals to handle procedural work such as document delivery, investigation, document production, document copying and related legal research or general work, without the consent or notice of Party A..
9. Due to the emergency, in order to safeguard the interests of Party A, Party B does not need Party A's consent to appoint other lawyers to take over; However, Party A shall be informed in time afterwards.
The emergency here refers to the situation that Party B is unable to handle related business due to objective reasons such as war, strike, natural disaster, disease, traffic or communication interruption, and the failure to handle related business may affect the final result of the whole case.
After the emergency is eliminated, Party B may, according to the specific circumstances, appoint the original lawyer to resume the agency, or appoint a new lawyer to continue the agency.
X. Party B appoints other lawyers to handle the case, and other lawyers are new lawyers. Party B shall promptly inform Party A of the contact information of the new lawyer.
XI。 Party B entrusts other lawyers to handle the case without affecting the agreed attorney fees.
12. In order to safeguard the interests of Party A, Party B or its attorney may entrust others to represent the case with the consent of Party A..
Unless agreed by Party A, the delegation shall not increase Party A's burden.
13. In order to safeguard the interests of Party A due to an emergency, Party B or his attorney entrusts others to represent the case without the consent of Party A; However, Party A shall be informed in time afterwards.
Emergency here has the same meaning as agreed in Article 9.
In case of emergency termination, Party B shall terminate the sub-entrustment in time, or continue the sub-entrustment after obtaining the consent of Party A. ..
14. in case of emergency, the expenses shall be borne by party a.
If the expenses borne by Party A are too unreasonable, Party B may also bear part of the expenses, but the part of the expenses borne by Party B shall not exceed 30% of the total subcontracting expenses and shall not be higher than the total amount of Party B's final attorney fees.
15. Party A shall truthfully state the case to the attorney and provide materials related to the case.
Party B shall not bear any responsibility for the delay or other losses caused by Party A's failure to provide clues in time; Where losses are caused to Party B, Party A shall be liable for compensation.
If the circumstances related to the case change, Party A must inform Party B in time.
If Party A or the staff designated by Party A changes their contact information during the agency period of this case, they must inform Party B in time. If the case cannot be handled on time or the money is transferred due to the failure to notify in time, Party B will not be responsible; Where losses are caused to Party B, Party A shall be liable for compensation.
16. After accepting the entrustment, if Party B finds that Party A has cheated, fabricated facts, concealed information or provided perjury, it has the right to terminate this contract and terminate the agency, and the lawyer's service fee will not be refunded, and the consequences arising therefrom shall be borne by Party A. ..
If Party A cheats, fabricates facts, conceals information and provides perjury, resulting in losing the case, Party A must pay the lawyer's fees according to the contract.
17. Party A has been clearly reminded by Party B that Party B cannot guarantee the debtor to pay after the negotiation, and may lose the case in court. Even if it wins the case, it may not satisfy Party A in the implementation stage.
The analysis, judgment and opinions provided by the attorney to Party A do not mean that the attorney won the case or won the case.
18. In the course of handling the case, Party B suggested that Party A take appropriate measures according to the actual situation of the case, and suggested that Party A bring a lawsuit or apply for arbitration in time or take other measures to ensure the realization of the creditor's rights.
If Party A refuses to take legal action, arbitration or other reasonable means to guarantee the realization of rights within 2 years from the date of signing the contract, it shall be deemed that Party B has completed the agency work as agreed in the contract, and Party A shall pay the lawyer's fees as agreed in the contract.
Party A's failure to pay legal fees and other related expenses in time is one of the manifestations of refusing to realize the rights in a reasonable way.
19. If the creditor's rights cannot be finally realized due to subjective reasons not attributable to Party A or Party B, Party A and Party B shall not be held responsible for each other, and Party A shall lose the creditor's rights and Party B shall lose the lawyer's fees.
The creditor's rights that cannot be attributed to subjective reasons of Party A or Party B cannot be finally realized, including but not limited to: the debtor is unable to pay, the debtor goes bankrupt and has no surplus property, the court decides, the debt has expired, the debtor cannot be found, the debtor cancels, and the debtor moves abroad.
However, if the above results are caused by subjective reasons of Party A or Party B, it shall be handled according to other terms of this contract.
20. After introducing the regulations of Shanghai Municipality on lawyer service fees to Party A, Party A chooses to charge Party B's lawyer service fees in the form of risk agency, and the specific charging ratio and payment time shall be handled in accordance with Articles 21 to 26.
2 1. Party A agrees to pay Party B RMB 3,000 in advance on the date of signing this contract as a one-time payment for Party B's lawyer's transportation and travel expenses.
22. If Party A receives the corresponding amount from the debtor, it shall pay 30% of the lawyer's service fee to Party B within three working days after receiving it.
If Party A fails to pay the lawyer's fees as agreed, it shall pay 0.5% of the unpaid lawyer's fees as liquidated damages every day.
If Party B fails to transfer the relevant funds in time due to Party B's reasons, Party A may deposit the corresponding funds; After the deposit, Party A is no longer responsible; The deposit fee shall be borne by Party B. ..
23. If Party B collects the corresponding money on its behalf, it shall transfer the remaining money to Party A within three working days after deducting 30% of the lawyer's fees.
If Party B fails to deliver the goods in time as agreed, it shall pay 0.5% of the unpaid amount as liquidated damages every day.
Party B can also directly transfer all the money to Party A according to objective needs, and Party A will pay the lawyer's fees according to the provisions of the preceding paragraph.
If Party B fails to transfer the relevant funds in time due to Party A's reasons, Party B may deposit the corresponding funds; After the deposit, Party B will no longer be responsible; The deposit fee shall be borne by Party A. ..
24. Unless otherwise agreed by both parties, the legal fees (including but not limited to case acceptance fee, preservation fee, preservation deposit and execution fee), application fee, inquiry fee, data reproduction fee, data printing fee, appraisal fee, notarization fee and other handling fees paid by lawyers in the process of agency shall be borne by Party A. ..
If Party B pays in advance, Party B shall settle accounts with Party A according to the bill. If Party A refuses to settle the account, it shall pay 0.5% of the total unsettled amount as liquidated damages every day from the day following the refusal.
If Party B fails to make timely settlement and transfer due to Party B's reasons, Party A may deposit corresponding funds; After the deposit, Party A will no longer be responsible; The deposit fee shall be borne by Party B. ..
If Party B collects the corresponding money on its behalf, it can transfer the remaining money to Party A after deducting the corresponding expenses according to the provisions of the preceding paragraph. ..
Twenty-five, in addition to the fees specified in the preceding paragraph, no matter how Party B solves the case in the process of representing the case, as long as the lawyer appointed by Party B or other personnel of Party B do the work and services, the fees will not be increased or decreased.
Twenty-six, due to objective or subjective reasons, non-monetary property is used to pay off debts, then the date agreed in Articles 22 to 24 is the date when Party A obtains the property ownership.
If the above-mentioned property is realized by auction, the date agreed in Articles 22 to 24 shall be the date when the property is realized.
Twenty-seven, if Party A terminates this contract without reason, the lawyer's service fee will not be refunded; If Party B terminates this contract without reason, the lawyer's service fee will be fully refunded to Party A..
28. In view of the fact that Party A and Party B represent the case in the form of risk agency, Party B has also taken on greater risks. To be fair, Party A can't change the agent until the whole case is handled.
If Party A changes its agent, it is presumed that Party B has completed the agency work as agreed in the contract, and Party A must pay the agency fee according to the required amount and the proportion agreed in the contract.
However, if Party B seriously violates laws and regulations or lawyers' professional ethics, Party A has the right to replace the agent free of charge; The agency fee charged by Party B must be refunded.
29. In view of the fact that Party A and Party B represent the case in the form of risk agency, both parties also bear greater risks. In order to safeguard the interests of both parties, Party A and Party B must handle this matter according to the principle agreed by both parties.
Without the consent of Party B, Party A reaches a mediation agreement with the other party, waives or partially abandons the subject matter, or disposes of the creditor's rights in other ways. Pay Party B according to the tender amount and the proportion agreed in the contract.
Without the consent of Party A, Party B reaches a mediation agreement with the other party, waives or partially waives the subject matter, or disposes of the creditor's rights in other ways. Party B shall compensate the losses according to the requested quantity of the subject matter and the proportion agreed in this contract.
Within the scope authorized by Party A, the mediation agreement or settlement agreement reached between Party B and the other party is agreed by both parties; If both parties sign a mediation agreement or a settlement agreement, it shall be agreed by both parties; Within the scope of the lawyer's written proposal, if the parties reach a mediation or reconciliation with the other party, it shall be agreed by both parties; After Party A or Party B negotiates with the other party by telephone, SMS, email, fax, letter, etc. And get the consent, which is agreed by both parties; If Party A and Party B reach an agreement through talks and consultations and sign it, it must be agreed by both parties; Everything else that can prove that both sides have the same meaning is the same.
30. This contract is valid from the date of signing to the date when the corresponding funds are executed in place.
3 1. As a formal contract between Party A and Party B, this contract replaces the oral or written agreement reached by both parties before.
32. This contract can be amended or supplemented in written form through negotiation between both parties.
If there are annexes to this contract, unless otherwise agreed, the annexes have the same effect as this contract.
33. Any dispute arising from agency or related matters between both parties shall be settled through negotiation as far as possible. If negotiation fails, either party has the right to complain to the Shanghai Lawyers Association or bring a lawsuit to the people's court.
34. This contract is made in duplicate, one for each party. Two copies are equally authentic.
35. This contract shall come into effect after being signed by both parties.