In today's developing world, contracts are used more and more widely, which is both a guarantee and a constraint for both parties. So how is the general contracting drafted? The following is the contract for the employment of legal counsel for enterprises that I have compiled for you. I hope it helps you.
Contract for Employment of Legal Counsel by Enterprise 1 Party A (Employer):
Contact person:
Party B (employee): law firm.
Contact person:
Whereas:
1. Party A intends to entrust Party B to provide legal consulting services;
2. Party B agrees to accept the entrustment of Party A. ..
According to the Contract Law of People's Republic of China (PRC) and the Lawyers Law of People's Republic of China (PRC), both parties enter into this Contract through negotiation, and * * * shall abide by it jointly:
I. Entrusting Matters and Duration:
1. Party A entrusts Party B as legal adviser.
2. Entrustment period:
The entrustment period of this contract is years, once a year. Upon the expiration of the contract, if both parties agree to renew the consulting contract, they shall sign it separately after consultation.
Two, the main affairs of the legal advisory project:
1, providing legal advice, including:
A. legal issues related to your company's business;
B. Legal issues involved in the operation and management of your company.
2. Drafting, reviewing and amending legal affairs documents, including:
A. Draft contracts, agreements and other legal documents for your company;
B. Review and modify contracts, agreements and other legal documents drafted by your company or the other party;
Draft, review and modify other legal documents required or provided by your company.
3. Participate in economic project negotiation, including:
A provide legal advice on the legality and feasibility of your company's investment cooperation;
B, as the legal adviser of your company, participate in project negotiation and negotiation activities;
C. review the subject qualification and cooperation qualification of the other party;
D, drafting, reviewing and modifying project contracts, agreements, commitments and other relevant legal documents.
4, standardize the daily management activities, including:
A. Assist your company to establish and improve internal rules and regulations;
B. Review the internal rules and regulations drafted by your company;
C. Review the labor contracts signed between your company and employees;
D. provide legal education for your employees.
5. According to the topics submitted by Party A, conduct legal professional knowledge training for relevant personnel of Party A, or organize on-site answering questions when necessary;
6. Track the performance of various contracts and agreements, including:
A. Remind your company to pay attention to and assist in taking necessary preventive or response measures when the other party may or has breached the contract;
B to handle legal affairs in the process of project implementation and contract performance of your company.
7. Resolving disputes arising from business activities, including:
A, as the legal representative of your company, mediate disputes arising in business activities for your company;
B. As the entrusted agent of your company, participate in litigation, arbitration (including economic arbitration and labor arbitration), reconsideration, hearing and other activities related to your company's cases.
8. At the request of the company, conduct research on special affairs and issue special legal opinions to the company or relevant departments;
9. Entrusted by Party A, act as special legal adviser for major projects of the company, such as asset acquisition, equity acquisition, listing, investment and financing, bidding, etc. , and handle related legal affairs and legal issues;
10. Provide other legal services that the company deems necessary.
Three. Transaction execution of entrusted matters
1. Party B shall appoint a lawyer as the general counsel to provide legal consulting services for Party A. Without the written consent of Party A, Party B shall not change the general counsel or appoint another lawyer as the general counsel to provide legal consulting services for Party A. ..
2. When undertaking the entrusted matters, the General Counsel has the right to appoint other handling lawyers of the Firm to undertake the specific entrusted matters according to the specific circumstances of the entrusted matters.
3. When undertaking the entrusted matters, the general counsel has the right to hire other experts or professional lawyers from other firms to undertake the specific entrusted matters according to the specific circumstances of the entrusted matters.
4. When undertaking entrusted matters involving Hong Kong, Macao, Taiwan Province Province or overseas, the General Counsel has the right to choose lawyers or other professionals from Hong Kong, Macao, Taiwan Province Province or overseas to complete the entrusted matters.
Fourth, the cost:
1. When Party B undertakes the Class A affairs entrusted, it will charge a fixed lawyer service fee; When Party B undertakes Class B affairs of entrusted matters, it will charge individual lawyer service fees according to the specific work difficulty and workload. Among them, Class A affairs of entrusted matters refer to: 65438+ 0, 2, 3, 4, 5 and 6 affairs in Article 2 of the Contract; Class B affairs in entrusted matters refer to: 7, 8, 9, 10 affairs in Article 2 of this Contract.
2. Party A shall pay Party B a fixed lawyer's service fee of RMB Yuan only when Party B undertakes Class A affairs in entrusted affairs. Party A shall pay Party B the lawyer service fee, that is, RMB Yuan only, after the signing of this contract, and the remaining lawyer service fee shall be paid before.
When Party B undertakes the third item (b) of Class A affairs in the entrusted matters, if the work actually completed by Party B exceeds, Party A shall pay the fixed lawyer service fee for the excess part at the rate of RMB per hour, and Party A shall pay the increased fixed lawyer service fee within days after receiving the payment notice from Party B. ..
3. When Party B undertakes the Class B affairs of the entrusted matters, it shall negotiate with Party A to determine the individual lawyer service fee according to the difficulty and workload of the entrusted matters and the lawyer fee standard. If Party B fails to reach an agreement with Party A on undertaking Class B affairs, Party A may employ lawyers from other law firms to provide relevant services.
When Party B undertakes the entrusted Class B affairs, both parties shall sign another entrustment contract or Party A shall issue a power of attorney.
4. If requested by Party A, Party B may appoint the handling lawyer to stay at the place designated by Party A to undertake specific affairs, and Party A shall negotiate with Party B to determine the increase of lawyer's service fee.
5. Unless otherwise agreed by Party A and Party B, the fixed lawyer service fee and single lawyer service fee agreed in this contract only refer to the lawyer service fee, excluding the following fees that shall be borne by Party A:
A expenses for handling entrusted matters, including but not limited to travel expenses, accommodation expenses, transportation expenses or all other expenses or expenses of the same or similar nature as the above expenses incurred by Party B outside Shenzhen during the performance of this Contract;
B. Third-party expenses include but are not limited to taxes, fees or other expenses reasonably collected by administrative organs, other institutions or third parties or expenses of the same or similar nature as the above-mentioned expenses during the performance of this Contract.
Verb (abbreviation of verb) Obligations of Party A:
1. Party A shall designate the contact person of this project to be responsible for regular contact with Party B, and the expression of intention of the contact person designated by Party A shall be regarded as the expression of intention of Party A. ..
2. Party A shall provide information comprehensively, truly and completely, and guarantee that the information and facts provided and the statements made are not false. If Party A intentionally conceals facts and fabricates relevant information and evidence, Party B may unilaterally terminate this contract.
3. Party A shall pay the expenses on time. When Party A defaults on the payment, Party B has the right to terminate the contract unilaterally.
4. Party A shall provide Party B with relevant materials, documents and introductions needed for handling the designated firm in time. When Party B needs to attend relevant meetings, study contracts or participate in negotiations, Party A shall notify Party B in advance to allow Party B sufficient time to prepare.
1. Party B shall strictly abide by the lawyer's practice discipline and professional ethics, provide legal services to Party A in accordance with the law, efficiently and prudently, and safeguard the legitimate rights and interests of Party A in accordance with the law.
2. Party B shall, according to Party A's requirements, hold regular meetings or temporary meetings with Party A's relevant personnel regularly or irregularly to review the work, and put forward opinions and suggestions on the management of the target project of this contract and Party A's economic activities. ..
3. Establish a tracking, auditing and filing system for daily contract auditing and daily legal consultation, and arrange the corresponding person in charge to assess relevant work in time.
4. For major and difficult contracts and consultations, the handling lawyer shall submit them to the lawyers team of Guanghe Law Firm for collective discussion and defense.
5. A legal service work file will be established to record in detail the work flow and specific legal opinions of providing legal services.
6. Ensure that the assigned lawyers have good professional quality and rich practical experience, and can be competent for daily work.
Seven. Service response:
1. Party B shall give an immediate reply to the general legal advice put forward orally by Party A..
2. For the general legal consultation put forward by Party A in written form, Party B will generally give a written reply within two working days.
3. For the urgent legal consultation put forward by Party A in written form, Party B will generally complete it within eight working hours and reply in written form.
4. Contract review: In principle, within two working days from the date of submission by Party A, Party B will put forward review opinions, and the time limit for major, difficult or questionable replies will be negotiated by both parties separately.
5. Issue written legal opinions: For general questions, within two working days after Party A provides relevant information, for major, difficult or questionable questions, the time limit for reply shall be negotiated separately by both parties.
6. Independent non-litigation legal affairs such as litigation, arbitration and administrative reconsideration: if the law and relevant departments have provisions on the time limit for handling, those provisions shall prevail; If Party A has clear requirements for Party B on this legal matter, both parties shall negotiate the time limit according to the actual situation.
VIII. Confidentiality:
1. Party B shall keep confidential the business secrets of Party A that it knows as a result of the performance of this contract, and shall not disclose them to third parties and irrelevant personnel or use them for its own use without the written consent of Party A..
2. Party B shall properly keep the relevant agreements, materials, documents, information records, meeting minutes, talks memoranda and other materials kept confidential due to the entrusted project;
3. Party B shall also take other necessary and reasonable measures in a cautious and responsible manner to keep the secrets known or mastered by the entrusted project.
Nine. Contact and Representative:
1. The contact information specified by Party A is:
Telephone:
Fax:
E-mail:
Address:
On behalf of:
2. Party B's contact information and account are:
Telephone:
Fax:
E-mail:
Address:
On behalf of:
Account name:
Bank of deposit:
Bank account number:
3. Without written change, Party A and Party B shall perform the contract according to the contact information agreed in this contract, which shall be deemed as effective performance.
4. If it is not changed in written form, it shall be deemed that the representatives designated by Party A and Party B have been qualified and authorized by both parties.
X. others:
1. Each clause of this contract shall be regarded as independent of each other, and the invalidity of any clause shall not affect the validity of the remaining clauses, unless the result will fundamentally damage the purpose of this contract or lead to completely unreasonable results.
2. Any modification or supplement to this contract shall be made by both parties in written form.
3. Disputes arising from the performance of this contract shall be decided by the Futian District People's Court of Shenzhen.
4. This contract is made in triplicate, one for the entrusting party and two for the entrusted party, all of which have the same legal effect.
Party A:
On behalf of:
Party B: Law firm
Contract 2 for employing legal counsel by the enterprise employing unit (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _
Contact person: _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _
Party B (hereinafter referred to as Party B): _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _
Contact person: _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _
In order to safeguard the legitimate rights and interests of Party A and ensure the service quality of lawyers, Party B is hired as the legal adviser of Party A in accordance with the Contract Law of People's Republic of China (PRC) and the Lawyers Law of People's Republic of China (PRC). Through consultation, Party A and Party B agree to sign this contract and abide by the following terms:
1. Party B accepts the engagement of Party A and appoints a lawyer as Party A's legal adviser to perform the duties agreed in this contract.
2. The employment period is one year. From _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Three. Legal consultant fees and other expenses:
(a), the legal consultant fee according to the employment period of one year, the average monthly payment.
(2) Payment of other expenses
Unless otherwise agreed by both parties, Party A shall bear the following expenses incurred by Party B in handling the matters entrusted by Party A:
1. Appraisal fees, evaluation fees, notarization fees, file retrieval fees, announcement fees, translation fees, reproduction fees and other fees related to the entrusted matters;
2. Travel expenses, accommodation fees and long-distance communication fees for handling cases in different places;
3. Other expenses payable by Party A. ..
Four. Scope of legal counsel provided by Party B to Party A:
(1) Assist Party A in handling the following legal affairs:
1. At the request of the client, give legal opinions on major decisions of the client's operation and management, or conduct legal argumentation to provide legal basis;
2. Assist Party A in drafting, formulating, reviewing or modifying legal documents such as contracts, articles of association, rules and regulations;
3. At the request of Party A, conduct legal argumentation on legal disputes that Party A faces or may occur, put forward solutions and express lawyers' opinions.
4. At the request of Party A, participate in consultation, negotiation and review of economic projects, or prepare various legal documents required for consultation and negotiation;
5. Provide legal information related to Party A's business activities;
6. Accept the entrustment of Party A to sign, serve or accept legal documents;
7. Assist Party A in legal publicity and legal knowledge training for employees;
8. Provide legal advice for Party A in handling labor disputes, managing contract disputes and managing lease disputes;
9. To provide legal advice for safeguarding the legitimate rights and interests and management rights of the legal representative and management personnel of Party A. ..
(2) Unless otherwise agreed by both parties, the service scope of Party B does not include the legal affairs of subsidiaries, remote branches and other affiliated enterprises in which Party A shares;
(3) Unless otherwise agreed by both parties, Party B's service scope does not include Party A's special agency affairs involving economy, civil affairs, intellectual property rights, labor, administration, criminal affairs, etc., which require litigation or arbitration, nor does it include Party A's special legal affairs involving long-term investment, financing, enterprise restructuring, reorganization, mergers and acquisitions, bankruptcy, stock issuance and listing, etc.
Verb (abbreviation of verb) consulting lawyer's working mode: Party A can consult Party B at any time, and Party A can notify the lawyer to handle any urgent legal affairs at any time.
Duties and obligations of party a
1. Party A shall be legally responsible for the authenticity of the legal facts, evidence and documents it provides for its civil actions;
2. Pay legal counsel fees and other fees on time;
3. Provide necessary working conditions to ensure that legal advisers perform their duties;
4. Protect the legal counsel's right to know.
Seven. Responsibilities and obligations of Party B
1. shall be legally responsible for the legality of the legal opinions provided by it;
2. Where economic losses are caused to Party A due to Party B, Party B shall be responsible for compensation;
3. Party B shall safeguard the legitimate rights and interests of Party A in accordance with the law, abide by the principle of good faith, and provide legal services within the authorized scope, and shall not exceed the authorized authority;
4. Be responsible for keeping confidential the secrets, business secrets, situations that should not be disclosed and personal privacy that they come into contact with in the process of providing legal services;
5. When the assigned chief coordinating legal adviser is unable to perform the duties of legal adviser for some reason, he should reassign legal adviser to ensure the continuity and timeliness of legal adviser's work;
6. When completing the work of legal counsel, we should avoid conflicts of interest in accordance with the provisions of the Rules for Avoiding Conflicts of Interest.
Eight. Consultant lawyers specially entrusted by Party A to handle legal affairs other than those mentioned in Article 4 shall be charged separately (discount 10%-20%) according to the charging method for lawyer business stipulated by the judicial administrative department.
Nine. Any party who proposes to change or terminate this contract shall do so in writing. Before both parties reach an agreement or get an effective ruling, neither party shall do anything that harms the interests of the other party.
X dispute settlement: any dispute arising from the execution of this agreement shall be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the court where the plaintiff is located.
XI。 Entry into force of the contract: This contract shall come into force as of the date of signature by both parties.
12. This contract is made in duplicate, with each party holding one copy.
Party A: _ _ _ _ _ _ Party B: _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ Person in charge: _ _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contract for the Employment of Legal Counsel by an Enterprise 3 Party A: _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _
Party A employs Party B's lawyer as legal adviser in accordance with the relevant provisions of the Lawyers Law of People's Republic of China (PRC), and both parties reach the following agreement through consultation for mutual compliance.
1. Party B appoints a lawyer _ _ _ _ as the legal adviser of Party A to provide legal aid to Party A and safeguard the legitimate rights and interests of Party A according to law. Party A designates _ _ _ _ as the contact person of legal counsel.
Second, the scope of work of the legal adviser:
1. Answer legal questions for Party A and provide legal opinions or suggestions when necessary;
2. Assist Party A in drafting, revising and reviewing various legal documents, such as agreements, contracts, articles of association, project proposals, feasibility study reports, business letters, etc.
3. Issue legal documents such as legal opinions, lawyer's proposals, lawyer's witness or lawyer's letter for Party A's specific affairs;
4. Establish or improve Party A's internal rules and regulations and operation mechanism;
5. Accept the entrustment of Party A and participate in economic contract negotiation, bidding and other important economic activities;
6. Accept the entrustment of Party A to act as an agent and participate in litigation, non-litigation, mediation and arbitration activities;
7. At the request of Party A, impart relevant legal knowledge to Party A's management personnel;
8. Accept the entrustment of Party A to handle other legal affairs.
Three. The consultant lawyer works for Party A regularly or irregularly according to the actual situation. In case of emergency legal affairs, Party A may contact Party B's consultants and lawyers at any time for timely handling. If the consultant lawyer can't handle it in time due to business trip or illness, Party B will appoint other lawyers to handle it in time.
Four. Party A shall pay the consulting fee of RMB yuan to Party B every month, and the consulting fee shall be paid annually.
Five, consulting lawyers to participate in litigation, arbitration, project negotiations, the amount of the subject matter is below 6.5438+million (including 6.5438+million), no additional fees; If the bid amount exceeds 6,543,800 yuan, the fee will be reduced or exempted according to the regulations, that is, 2% of the bid amount will be charged.
When handling cases in this city and other places, Party A shall bear the consultant's accommodation, transportation and other expenses according to reasonable standards.
Seven. Party A shall provide the consultant with business-related information, materials and necessary working conditions, and assign a staff member to assist the consultant when necessary.
Eight, Party A and Party B have the obligation of confidentiality to each other, and shall not intentionally disclose the business secrets of the other party.
Nine. This contract shall come into effect as of the date of signature or seal by both parties, and the term shall be from.
X this contract is made in duplicate, with each party holding one copy, all of which are equally authentic.
Party A _ _ _ _ _ _ _ (official seal) Party B _ _ _ _ _ _ _ (official seal)
Representative of Party A: _ _ _ _ _ (signature) Representative of Party B: _ _ _ _ _ _ (signature)
Party A's Tel: _ _ _ _ _ Party B's Tel: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _
Contract for the Employment of Legal Counsel by an Enterprise 4 Party A: _ _ _ _ _ _ _ _ _ _ Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
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:
Rule number one. The team of lawyers appoints _ _ _ _ _ _ _ _ _ _ as the legal adviser of Party A. ..
Service mode:
"The team is responsible, and the special person contacts". The team of lawyers will undertake the legal services in this plan as a team, ensuring that there are more than two lawyers providing services in any enterprise case, so that enterprises can obtain legal services in a timely and effective manner.
Article 2 Service objectives:
Take prevention first and remedy afterwards as the supplement, and strive to reduce Party A's legitimate business risks to a minimum 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. (Free of charge during the term of the agreement)
2. Answer legal questions in the daily operation of the enterprise through consultation or issuing legal opinions; (Free of charge during the term of the agreement)
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; (Free of charge during the term of the agreement)
4. Put forward legal opinions on enterprise labor contracts and employee management, standardize labor relations, and safeguard the interests of enterprises and employees. (Free of charge during the term of the agreement)
5. When the enterprise may face disputes, conduct legal argumentation, propose solutions, issue a lawyer's letter, or participate in mediation of related disputes; (Free of charge during the term of the agreement)
6. Acting as an agent for enterprises to participate in litigation and arbitration, report crimes according to law, and safeguard 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: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _