Model contract for legal counsel of government departments
In order to build a government ruled by law, better administer according to law and prevent administrative legal risks, Party A employs Party B's lawyer as a perennial legal adviser in accordance with the provisions of the Lawyers Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other relevant laws.
Based on the principle of good faith, Party A and Party B have reached an agreement through consultation to sign this contract and abide by it jointly.
Article 1 Service scope of Party B
The service scope of Party B's lawyer is as follows:
Regular legal services:
1. Provide the government with information on relevant national laws and regulations, and at the request of the government, express legal opinions on legal issues, major decisions and administrative law enforcement actions in the administration of the government and its functional departments, or conduct legal argumentation on decisions at the request of the government;
2. From the legal point of view, propose amendments and supplementary suggestions to the normative documents drafted or about to be released by the government;
3. Participate in handling civil disputes, economic disputes, administrative disputes and other disputes involving the government that have not yet formed litigation;
4. Accept the entrustment of the government, participate in administrative reconsideration, administrative litigation and civil litigation, safeguard the government's exercise of administrative functions and powers according to law, and safeguard the legitimate rights and interests of government agencies;
5. Accept the entrustment of the government and apply for enforcement on behalf of the government;
6. At the request of the government, provide legal professional training for administrative personnel and help the government publicize the rule of law;
7. Other daily legal services determined by both parties through consultation.
Special legal service
1. At the request of the government, issue legal opinions on legal affairs such as government procurement and bidding, or accept the entrustment of the government to participate in government procurement and bidding activities and provide legal services throughout the process;
2. At the request of the government, issue legal opinions for government investment promotion activities, or accept the entrustment of the government to provide full legal services for government investment promotion;
3 at the request of the government, issue a legal opinion on the transfer and allocation of state-owned land, or accept the entrustment of the government to provide legal services for the transfer and allocation of state-owned land;
4. Entrusted by the government, as a non-government official, investigate and coordinate the major events under the jurisdiction of the XX county government, put forward legal opinions, and submit them to the government for handling according to law;
5. At the request of the government, issue legal opinions on bot projects included in the plan by the government, or accept the entrustment of the government to provide legal services for the whole project;
6. At the request of the government, issue legal opinions or provide legal advice on legal affairs such as the reform of government forest right system, grassland contracting and circulation, hydropower resources and mineral resources development;
7. Other special legal services determined by both parties through consultation.
Without the consent of both parties, Party B's service scope does not include the legal affairs of enterprises, institutions and other non-governmental organizations in charge of various departments of Party A. ..
Article 2 Obligations of Party B
1. Party B appoints a lawyer as the perennial legal adviser of Party A, and Party A agrees that the above-mentioned lawyer appoints other lawyers to assist in completing the above-mentioned legal affairs, but Party B's change of lawyer as the perennial legal adviser must be approved by Party A;
2. Party B's lawyer shall diligently complete the legal affairs agreed in the first paragraph of Article 1;
3. Party B's lawyer shall do his best to safeguard the interests of Party A according to his judgment made according to law;
4. Party B's lawyer shall complete the entrusted matters within 5 working days after obtaining the documents and materials provided by Party A, and inform the work progress at the request of Party A;
5. Party B's lawyer shall not provide any advice to Party A's staff during his tenure as a perennial legal adviser;
6. Without the consent of Party A, Party B's lawyer shall not act as the legal adviser or agent of the other party who has a legal interest conflict with Party A;
7. Party B's lawyer is responsible for keeping confidential the secrets of Party A's government that he knows, and shall not disclose them to any third party except as provided by law or with the consent of Party A;
8. Party B shall file Party A's legal affairs separately, keep complete work records, and properly keep the original evidence, legal documents and finance related to Party A. ..
Article 3 Obligations of Party A
1. Party A shall provide all kinds of information, documents and materials related to legal affairs to Party B comprehensively, objectively and timely, and shall be responsible for the authenticity and legality of the materials and relevant evidence provided in time;
2. Party A shall put forward clear and reasonable requirements for Party B's lawyer to handle legal affairs;
3. Party A shall pay the legal consultant fee and working fee to Party B in full and on time;
4. Party A shall designate a contact person as a perennial legal adviser, who shall be responsible for conveying Party A's instructions and requirements and providing documents and materials. Party A shall notify Party B in time when changing the contact person;
5. Party A has the responsibility to make independent judgments and decisions on the entrusted matters. The loss caused by the decision made by Party A based on the legal opinions, suggestions and plans provided by Party B's lawyer is not due to the dereliction of duty of Party B's lawyer, but is caused by improper application of the law, and the responsibility shall be borne by Party A..
Article 4 Legal consultant fees
Party B's legal consultant fee is RMB ￥
Account name of Party B: Sichuan Duoyuan Law Firm
Bank of deposit: ××××× year × month × day × month × day × month × day × month × day × month × day × month × day × month × month × day × month × month × day × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month
Bank account number: ×× year × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × month × day × month × month × month × month × month × day × month × month × month × month × month × month × month × month × month × month × month × month × month
Article 5 Lawyer's agency fee
Article 1, Item 1, 1, 2, 3, and 6 is not a lawsuit for legal affairs, and Party B does not charge fees.
Items 4 and 5 of Paragraph 1 of Article 1 involve legal affairs of litigation, and if the bid amount does not exceed RMB ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
The fees for the special legal services agreed in Item 1 of Article 1 shall be negotiated separately by both parties.
Upon expiration or early termination of this contract, both parties shall settle the relevant expenses. The settlement of related expenses under the separately signed principal-agent contract shall be agreed in the separately signed principal-agent contract.
Article 6 Modification and Termination of the Contract
This contract can be modified or terminated through negotiation between Party A and Party B..
In any of the following circumstances, Party A has the right to terminate this contract:
1. Change the lawyer of Party A's perennial legal adviser without Party A's consent;
2. Party A suffers losses due to the delay, dereliction of duty or mistake of Party B's lawyer;
3. Violation of the obligations stipulated in paragraphs 5 to 8 of Article 2.
In any of the following circumstances, Party B has the right to terminate this contract:
1. The matters entrusted by Party A violate the law or the lawyer's practice standards;
2. Party A fabricates facts, falsifies evidence or conceals important information, which hinders Party B's lawyer from providing effective legal services;
3. Party A has not paid the legal consultant fee or lawyer's agency fee to Party B within 30 natural days.
If the above 1 2 is terminated due to the fault of Party A, the legal consultant fee charged by Party B will not be refunded.
Article 7 Liability for breach of contract
If Party B fails to provide the legal services stipulated in Article 1 or violates the obligations stipulated in Article 2 without justifiable reasons, Party A has the right to demand a refund of part or all of the legal consultant fees payable.
If Party B's lawyer suffers losses due to work delay, dereliction of duty or mistakes, or violates one of the obligations specified in Item 5 ~ 8 of Article 2, Party B shall be liable for compensation to Party A through the insurance institution it has insured.
The compensation scope of Party B is limited to the compensation of insurance institutions. Party B shall bear the responsibility within the scope of the lawyer's fee of this contract for the part that does not fall within the scope of the insurance institution's claim or exceeds the amount claimed by the insurance institution.
If Party A fails to pay the legal consultant fee or lawyer's agency fee without justifiable reasons, or terminates the contract without any reason, Party B has the right to demand Party A to pay the unpaid legal consultant fee or lawyer's agency fee and pay the delayed interest.
Article 8 Dispute settlement
This contract shall be governed by People's Republic of China (PRC) Contract Law, Lawyers Law, Civil Procedure Law and Arbitration Law.
Any dispute between Party A and Party B shall be settled through friendly negotiation; If negotiation fails, it shall be submitted to a judicial institution with jurisdiction for settlement.
Article 9 the contract comes into effect
This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, and shall come into effect as of the date when the representatives of Party A and Party B sign and affix their official seals.
Article 10 Term of Contract
The term of this contract is years.
Within 30 days before the expiration of the contract, both parties shall decide whether to renew the perennial legal consultant contract through consultation.
Article 11 Notification and Service
All notices, documents and materials sent or provided by Party A and Party B to each other for the performance of this contract shall be delivered at the address and fax number listed on the title page. If one party moves or changes its telephone and fax numbers, it shall notify the other party in writing.
If it is delivered by fax, it shall be deemed as delivered when the fax is sent; If it is delivered by post, the date of postmark shall be the date of delivery.
Party A: People's Government of XX County, Sichuan Province
On behalf of:
Date of signing:
Party B: Sichuan Duoyuan Law Firm
On behalf of:
Date of signing: