In the real society, people gradually realize the importance of agreement, and signing an agreement can effectively restrain the breach of contract. What kind of agreement is effective? The following are five legal advisory agreements that I have carefully compiled, hoping to help you.
Legal Consultant Agreement 1 Party A:
Party B: Small and medium-sized enterprise legal entrepreneurship legal service lawyers group.
According to the relevant laws and regulations of People's Republic of China (PRC), People's Republic of China (PRC) Lawyers Law and SME Entrepreneurship Legal Service Plan, the two parties reached the following agreement on hiring entrepreneurial legal counsel:
Article 1 The team of lawyers appoints _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ As a team, the lawyer team undertakes the legal services in this plan, ensuring that more than two lawyers provide services in any enterprise case, so that enterprises can obtain legal services in a timely and effective manner.
Article 2 Service tenet: Take prevention as the priority and remedy afterwards as the supplement, and strive to minimize Party A's legitimate business risks by participating in Party A's business management decisions.
Article 3 Job responsibilities
1. Draft, formulate, review or modify contracts for enterprises, gradually improve the enterprise contract system and prevent contract disputes.
2. Answer legal questions in the daily operation of the enterprise through consultation or issuing legal opinions;
3. Study the internal governance institutions of enterprises, help guide enterprises to establish and improve the modern enterprise system, find a management framework model suitable for enterprise development, make it operate according to law, and standardize enterprise management behavior according to law;
4. Put forward legal opinions on enterprise labor contracts and employee management, standardize labor relations, and safeguard the interests of enterprises and employees.
5. When the enterprise may face disputes, conduct legal argumentation, propose solutions, issue a lawyer's letter, or participate in mediation of related disputes;
6. Acting as an agent for enterprises to participate in litigation, arbitration and report crimes according to law, and safeguarding the legitimate rights and interests of enterprises. (In addition to the basic acceptance fee of _ _ _ _ _ _ _ law firm)
7. Party A shall promptly reimburse the travel expenses of legal counsel in handling cases in different places, and the legal fees charged by the courts, industrial and commercial bureaus, labor arbitration committees and other departments in litigation and non-litigation activities shall be borne by Party A..
Article 4 In order to enable legal counsel to perform their duties according to law and provide better legal aid, Party A shall designate a special person in the enterprise to contact the lawyers' group.
Article 5 Party A shall cooperate with Party B to carry out the project research and provide relevant materials for the project research.
Article 6 The service period starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 7 breach of contract clause
Party A and Party B shall strictly perform the contract, and both parties shall not terminate the contract without authorization.
Article 8 This contract is made in duplicate, with each party holding one copy.
Party A: Lawyer of Party B:
Year after year, month after month, year after year.
Article 2 of the Legal Counsel Agreement: Party A is the legal counsel of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contact information: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
E-mail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank account: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contact information: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Business license number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
E-mail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank account: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to promote the construction of socialist legal system and safeguard the legitimate rights and interests of Party A, Party A and Party B, through friendly negotiation, have reached the following contract on the basis of mutual benefit for Party A to hire Party B as his family legal adviser, and promised to abide by it jointly.
Article 1 Service lawyers
According to the work needs of Party A, Party B appoints _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 Service places
1. The place where Party B provides services is the residence of Party B listed in this contract, that is, the office of Party B.. Except the following circumstances: _ _ _ _ _ _ _.
2. Under special circumstances, Party A may require Party B to provide legal consulting services at Party A's residence listed in this contract, but Party A shall bear the transportation expenses of this on-site service separately.
3. When Party A reaches an intention with others on the infringement compensation dispute outside Party A's residence and needs to sign a settlement agreement on the spot or perform it on the spot, Party B may be required to go to the site to draft/review the settlement agreement for Party A, but Party B is not obligated to accompany the negotiation, and the transportation expenses for arriving at the service site shall be borne by Party A separately.
Article 3 Scope and content of services
Legal problems encountered by all members of Party A's family in personal work, life, study and other personal and non-commercial activities listed in this contract. However, legal affairs (including but not limited to opening factories, shops, personal trademarks, personal patents, etc. ) Participating in the business activities of Party A's members does not belong to the service scope agreed in this contract. Interest-bearing private lending, lease and sale of self-owned real estate and personal copyright are regarded as non-operating civil activities.
1. Party B provides Party A with oral consultation, answers and suggestions on legal affairs within the above scope.
2. Party A may ask Party B to provide written consultation, answers and suggestions, but the written consultation, answers and suggestions are limited to the main points and outlines, not detailed legal opinions.
3. Party B does not undertake the obligation to draft and write legal documents and issue detailed legal opinions on its behalf.
4. As far as individual cases are concerned, at the request of Party A, Party B undertakes the obligations of legal consultation, answering, analyzing and judging, providing suggestions, and reviewing legal documents on site at key moments such as the signing and performance of legal affairs, but does not undertake the obligations of accompanying inspection, negotiation and consultation.
5. In any case, the service content of Party B agreed in this contract does not include the service items of Party B's inspection, verification, investigation and evidence collection for Party A's affairs.
Article 4 Service Term and Service Fee
1. Both parties agree that the validity period of the Family Legal Consultant Service Contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Whether to renew this agreement after its expiration, both parties can negotiate and confirm in writing _ _ _ _ days before the expiration of this contract.
2. As a reward for Party B's provision of professional services agreed in this contract, Party A shall pay Party B the lawyer service fee of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The expenses shall be paid in cash or transferred to the account designated by Party B according to Party B's requirements within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 5 Handling of disputes
1. The formulation and interpretation of this Agreement, as well as the settlement of disputes arising from or related to this Agreement, shall be governed by the existing laws of People's Republic of China (PRC).
2. Disputes arising from the performance of this contract shall be settled by both parties through consultation, or mediated by relevant departments; If negotiation or mediation fails, it shall be settled by the following option (only one option can be selected):
(1) Submit to _ _ _ _ _ _ _ Arbitration Commission for arbitration;
(2) bring a lawsuit to the people's court of _ _ _ _ _ according to law.
Article 6 Other matters
If Party A needs Party B to provide other legal services (such as acting as an agent in arbitration proceedings, accompanying the investigation and negotiation, and investigating and collecting evidence). In addition to the services agreed in this contract, Party A shall negotiate and sign a contract with Party B separately, and Party B shall give priority to the provision of this single legal service. If there are local charges for this service, Party B shall give preferential treatment in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 7 This contract is in the form of _ _ _ _ _ _ _ _ _ _ _.
Party A (seal): _ _ _ _ _ _ _
Party B (seal): _ _ _ _ _ _ _
Authorized representative (signature) _ _ _ _ _ _
Authorized representative (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter III of Legal Consultant Agreement Employer (Party A):
Party B: Shanghai Jinwei Zhiyuan Enterprise Information Consulting Co., Ltd.
For work needs, Party A employs Party B as its perennial legal adviser. According to the relevant provisions of the Lawyers Law of People's Republic of China (PRC) and the Contract Law of People's Republic of China (PRC), the following contract is reached through negotiation between both parties:
1. Party B appoints the general manager of Jinwei Company as the general manager of Party A's perennial legal services, and the customer service department is responsible for daily contact and daily affairs, and at the same time appoints lawyers to answer legal consultation questions in Party A's operation and management. ..
Second, the role of enterprise credit legal consulting service, the consulting service of this contract is mainly aimed at consulting Party A's credit legal consulting service in the process of foreign transactions. Legal advisers play an important role in participating in major business decisions of enterprises, standardizing enterprise restructuring, improving enterprise rules and regulations, handling litigation and non-litigation affairs, and preventing enterprise business risks. They are the right-hand men for business leaders to operate and manage according to law under the conditions of market economy.
1, which can enhance the legal awareness of enterprises and reduce legal risks. Legal adviser is a good consultant for long-term planning of enterprises, which can help to plan the overall strategy and local strategy of enterprises, and can also provide legal advice on some special matters. Enterprises can consult consultants and lawyers at any time on the problems encountered, so that the operation of enterprises has good legal protection.
2. Being an agent has obvious advantages. The difference between representing an enterprise litigation or arbitration case by a legal adviser and directly hiring other lawyers is that consulting lawyers can better flexibly use it according to the actual situation of the enterprise, plan the agency scheme of litigation or arbitration, and design the trial strategy, so as to lay a solid foundation for ensuring success in advance.
3. It can help enterprises improve the system and prevent disputes to the greatest extent. Consultant lawyers can draft various rules and regulations or other legal documents for enterprises to improve their own quality and make enterprise management conform to legal norms; Draft and review contracts for enterprises, improve the contract system and prevent contract disputes.
4, can play a deterrent role. The enterprise has a legal adviser, and when there is a dispute with the other party, the consultant lawyer can issue a lawyer's letter in the name of a lawyer. On the one hand, it can fix the evidence, and on the other hand, it will cause certain pressure on the other party, which is convenient to solve many problems that could have been solved through litigation law.
5, can establish a good image for the enterprise, help to participate in customer credit management, professional legal counsel is also a symbol of corporate integrity, is the second business card of the enterprise, leaving a good impression on customers.
Three. Legal consulting services agreed in the contract:
(1) Providing credit legal consultation services during the transaction;
(1) Conduct legal research on the problems or questions arising in Party A's daily operation and provide oral or written legal advice;
(2) According to Party A's requirements, review and modify the agreements, contracts and other legal documents signed by Party A with a third party due to daily business needs, and issue legal opinions;
(3) Negotiate with a third party about the disputes over creditor's rights and debts in Party A's daily operation, and issue a lawyer's letter to safeguard the legitimate rights and interests of Party A;
(4) At the request of Party A, draft, revise and review the contracts, agreements and other relevant legal documents in Party A's production, operation, management and foreign exchanges;
(5) At the request of Party A, participate in the negotiation of major economic projects, and review and prepare various legal documents required for the negotiation. One year 1 time; However, if Party B participates in the negotiation of major economic projects of RMB 654.38+10,000 yuan or more, it may charge preferential fees as appropriate;
(6) According to Party A's requirements, Party B appoints a lawyer to provide legal consulting services for Party A every month, and each service time is 1 working day. Every quarter 1 time; (7) At the request of Party A, Party B provided Party A with litigation agency services for three times, with the subject matter below RMB 3,000;
(8) Negotiate with the third party about the disputes over creditor's rights and debts in Party A's daily operation, and issue a lawyer's letter (with many restrictions) to safeguard the legitimate rights and interests of Party A;
(9) Participate in and assist Party A to communicate with relevant government departments and business partners on Party A's operation and business; (10) The case of entrusted dunning is exempted from the handling fee in the early stage of the case;
(1 1) Provide other legal affairs agreed by both parties;
(12) According to the national regulations, the lawyer's agency fee is charged according to the subject matter 1-5, and the minimum lawyer's agency fee shall not be less than 3,000 yuan;
(13) Non-litigation agency fee: 50% of the subject matter below 5,000 yuan; 5000- 15000 yuan is charged at 35%; 15000-50000 is charged at 30%, and on this basis, you can enjoy a 20% discount for legal counsel, and the shift fee generated shall be borne by the entrusting party.
(II) Internal relations of the company: this part of the service fee is preferential, which is discussed separately.
1. Provide shareholders with suggestions on corporate and industrial and commercial laws and regulations, and relevant industry laws and regulations information;
2. Help the company to formulate a reasonable credit management policy and contract management system;
3. Providing legal opinions or legal information for the company's major economic activities and business decisions;
4. Coordinate labor relations, standardize labor contract relations, and provide labor legal advice;
5. Resolve labor disputes between employers and employees, and act as an agent for labor arbitration and litigation;
6. Settlement of other disputes involving internal relations of the company;
Fourth, the right to hire a lawyer:
1. Consult Party A's internal documents and materials related to the legal affairs undertaken;
2. Understand Party A's production management and external liaison activities;
3. Party A is responsible for reimbursement of travel expenses, investigation and evidence collection and other expenses necessary to perform the duties of legal adviser.
Verb (abbreviation for verb) The duty of a lawyer:
1. To undertake relevant legal affairs entrusted in time and earnestly perform their duties;
2 should adhere to the principle of taking facts as the basis and law as the criterion, and provide consulting services according to law;
3. Work shall be carried out in accordance with the provisions of this contract and the scope authorized by Party A, and shall not exceed the authority of the entrusted agent;
4. Party B shall not engage in activities that damage the legitimate rights and interests of Party A, and shall not act as the agent of the other party in civil, economic, administrative litigation or arbitration activities;
5. When there is a dispute between two (or more) employed units, mediation shall be conducted, but neither party shall be entrusted to participate in litigation or arbitration;
6. Party B has the responsibility to keep Party A's business secrets in its production, operation, management and foreign exchange activities.
Specific working methods of legal service of intransitive verbs
1. Provide legal advice at any time (usually by telephone, fax or email);
2. Provide on-site legal advice in emergency or important situations (if possible, make an appointment in advance);
3. Provide written legal consulting services, issue legal opinions, formulate legal solutions, and issue lawyers' collection letters as agents.
7. If Party A thinks that the lawyer appointed by Party B can't meet the work needs, it may ask Party B to appoint another lawyer, and Party B shall meet the requirements.
Eight. Through negotiation between both parties, Party A pays Party B an annual consulting fee of RMB 65,438+00,000. The fee shall be paid to the account designated by Party B within 5 working days after the signing of the legal consultant contract.
Nine. Party A shall designate a special person to be responsible for conveying the requirements and contents of legal services to Party B, mainly in the form of letters, faxes and emails, and the contents shall be clear and concise.
X this contract shall come into force as of the date of signature. The contract is tentatively set for one year, from _ to _. On the expiration date of this contract, if neither party raises a written objection, this contract will be extended for one year, and so on.
XI。 This contract is made in quadruplicate, with each party holding two copies, all of which have the same legal effect.
Party A: Party B:
Representative: representative:
Address: Address:
Tel: Tel:
Fax: Fax: YY: YY:
Article 4 Agreement of Legal Advisor of Party A (actual investor):, ID number:
Stay on the phone:
Party B (actual investor): ID number:
Stay on the phone:
Party C (actual investor): ID number:
Stay on the phone:
Party D (nominal investor):, ID number:
Stay on the phone:
The registered industrial and commercial shareholders of xx Company (full name) are Party C and Party D, with the contribution ratio of 40% and 60% respectively, and Party D is the legal representative of the company. Party A, Party B and Party D * * confirm that Party D is the nominal investor of the company, while Party A, Party B and Party C are the actual investors, with the contribution ratio of 40%, 33% and 27% respectively. In order to clarify the rights and obligations of all parties, Party A, Party B and Party D reach a fee agreement through consultation:
Rights of Party A, Party B and Party C
1. The nominal contribution of Party D is18 million yuan, accounting for 60% of the company's equity, of which12 million yuan accounts for 40% of the company's equity, and the actual investor is Party A; Among them, Party B actually contributed RMB 6 million, accounting for 20% of the company's equity ... (Proposed contribution agreement by the legal adviser of Jinan Professional Company)
2. Party C industrial and commercial registration contributed12 million yuan, accounting for 40% of the company's equity, of which Party C actually contributed 9.9 million yuan, accounting for 33% of the company's equity; Among them, RMB 2 10/00,000 yuan, accounting for 7% of the company's equity, is a nominal contribution, and the actual investor is Party B. ..
3. Party A, Party B and Party C enjoy the shareholder rights stipulated in the Company Law and other laws and regulations. Party D shall not enjoy the rights of any shareholder of the company when participating in the operation and management of the company.
4. Party A has the right to request Party D to register the change of company equity actually contributed by Party A in the name of Party A or a third person designated by Party A at any time, and Party D shall cooperate unconditionally.
5. Party B has the right to request Party C and Party D to register the change of company equity actually contributed by Party B in the name of Party B or a third person designated by Party B at any time, and Party C and Party D shall cooperate unconditionally.
6. Party D is only the nominal legal representative and does not participate in any affairs of the company. Party A, Party B and Party C may determine the person in charge of the company's operation and management through consultation, and have the right to change the legal representative at any time, and Party D shall cooperate unconditionally.
Two. Obligations of Party A, Party B and Party C
1. Perform the investment obligation according to the investment proportion. (Agreement on Proposed Capital Contribution by Legal Counsel of Jinan Professional Company)
2. When Party A exercises the rights in Item 4 of Article 1 of this Agreement and Party B exercises the rights in Item 5 of Article 1 of this Agreement, it shall notify the other party 10 days in advance.
3. If Party A, Party B and Party C decide to change their legal representatives, they shall notify Party D 10 days in advance.
Third, Party D's rights.
1. There is no need to contribute to the company, and it does not assume any shareholder obligations to the company.
2. Do not participate in the company's operation and management, and do not assume any responsibility for the company's operation.
Four. Party D's obligations
1. Have the obligation to assist in the registration of equity change according to the requirements of the actual investor.
2. The identities of the nominal shareholders and legal representatives of the Company shall not be disclosed at will, and Party D shall not engage in any affairs on behalf of the Company without the authorization of the Company.
3. Due to the needs of the company (national administration or civil affairs), Party D shall unconditionally cooperate with the legal representative to handle the affairs, and has the right to require the company to bear the related expenses. -Agreement on the proposed investment by the legal adviser of Jinan Professional Company.
4. Without the consent of the actual investor, the equity and income held shall not be transferred, pledged or otherwise borne.
5. If the nominal equity held by Party B is sealed up, frozen, auctioned or transferred due to its personal debts, Party B is obliged to compensate the actual investor for the losses.
Verb (abbreviation of verb) If the provisions of the Articles of Association are inconsistent with this agreement, this agreement shall prevail.
6. This agreement shall come into effect after being signed by the four parties.
Party A:
Party B:
Party C:
Fang Ding:
Date, year and month
Article 5 of Party A's legal consultant agreement:
Address: Postal Code: Tel:
Legal Representative: Position:
Party B:
Address: Postal Code: Tel:
Legal Representative: Position:
Party A employs Party B as an economic and legal adviser due to business needs. This contract is signed by both parties through consultation.
1. Party B accepts the engagement of Party A and is employed as the perennial economic and legal adviser of Party A..
2. The economic and legal adviser shall contact Party A two or three times a month. In case of emergency, Party A can contact Party B at any time.
Three. Scope of work of legal adviser
1。 Economic and legal consultation, providing legal opinions and suggestions on major issues in Party A's decision-making, operation and management;
2。 Draft, review and modify legal affairs documents at the request of Party A;
3。 To guide or represent Party A in the inspection, demonstration, business negotiation and signing of economic, trade and scientific and technological projects;
4。 Participate in mediation, arbitration and litigation activities on behalf of Party A; If the target amount is more than 30,000 yuan, an entrustment contract shall be signed separately, and Party B shall collect it according to the regulations;
5。 Help Party A to improve the contract management system, improve the level of decision-making, operation and management, and train legal talents such as contracts for Party A. ..
4. The consultant fee is RMB per year.
5. This contract is valid for years. It will take effect as of the date of signature by both parties. After the expiration of this contract, Party A needs to continue to hire legal counsel, and this contract can be renewed with the consent of both parties. The termination of the contract must be agreed by both parties through consultation.
6. This contract is made in duplicate, with each party holding one copy.
Party A (seal):
Party B (seal):