In the society where people pay more and more attention to law, more and more people reconcile civil relations through contracts, and contracts coordinate the relationship between people and things. So how to write the relevant contract? The following is the perennial legal advisory service contract of the enterprise I collected for you, for reference only, and you are welcome to read it.
Party A:
Legal representative:
Address:
Postal code: Tel: Fax:
Party B:
Address: Room 70 1 Hongqiao City Industrial Building, Zhongshan West Road 129 1, Shanghai.
Postal code: 20xx5 1 Tel: Fax:
In accordance with the relevant provisions of People's Republic of China (PRC) Contract Law and People's Republic of China (PRC) Lawyers Law, Party A employs Party B's lawyer as a perennial legal adviser for business development and self-interest.
Based on the principle of good faith, Party A and Party B jointly abide by this contract through consultation.
Article 1 Service scope of Party B
(1) The service of Party B's lawyer is to assist Party A in handling daily legal affairs, including:
1, answer legal advice, provide opinions according to law or issue lawyer's opinions;
2. Assist in drafting, formulating, reviewing or modifying legal documents such as contracts and articles of association;
3. At the request of Party A, participate in negotiation and conduct legal analysis and demonstration;
4. Entrusted by Party A, sign, serve or accept legal documents;
5. At the request of Party A, conduct legal argumentation, propose solutions, issue lawyers' letters, express lawyers' opinions or participate in non-litigation negotiation and mediation on disputes that Party A has faced, faced or may occur;
6. To teach legal knowledge at the request of Party A;
7. Handle other legal affairs agreed by both parties.
(2) Without the consent of both parties, Party B's service scope does not include the legal affairs of subsidiaries, remote branches and other affiliated enterprises in which Party A shares.
(3) Without the consent of both parties, Party B's service scope does not include Party A's special agency affairs involving economic, civil, intellectual property, labor, administrative, criminal and other legal procedures that must be brought into litigation or arbitration, nor does it include Party A's special legal advisory affairs involving long-term investment, financing, enterprise restructuring, mergers and acquisitions, bankruptcy and stock issuance and listing.
Article 2 Obligations of Party B
1. Party B appoints a lawyer as the perennial legal adviser of Party A,
Party A agrees that the above-mentioned lawyers shall appoint other lawyers to assist in the completion of the above-mentioned legal affairs, but Party B's change of lawyer to serve as Party A's perennial legal adviser shall be subject to Party A's consent;
2. Party B's lawyer shall diligently complete the legal affairs listed 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. After obtaining the documents and materials provided by Party A, Party B's lawyer shall complete the entrusted matters in time and inform the work progress at the request of Party A;
5. Party B's lawyer shall not provide any opinions that are unfavorable to Party A's employees 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 in confrontational cases or trading activities involving Party A;
7. Party B's lawyer is responsible for keeping confidential the business secrets of Party A, 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 business separately, keep complete work records, and properly keep the original evidence, legal documents and property related to Party A. ..
Article 3 Obligations of Party A
Party A shall provide all information related to legal affairs to Party B comprehensively, objectively and timely.
Information, documents and materials;
1. Party A shall put forward clear and reasonable requirements for Party B's lawyers to handle legal affairs;
2. Party A shall pay the legal consultant fee and working fee to Party B in full and on time;
3. 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. When Party A changes the contact person, it shall notify the perennial legal adviser;
4. Party A has the responsibility to make independent judgments and decisions on the entrusted matters. The losses caused by the decision made by Party A based on the legal opinions, suggestions and plans provided by Party B's lawyers are not caused by the dereliction of duty of Party B's lawyers, such as improper application of laws, and shall be borne by Party A.. ..
Article 4 Legal consultant fees and payment methods
Party A shall pay Party B the annual legal consultant fee of RMB Yuan, which shall be paid on the effective date of this Agreement.
Where Party A entrusts Party B to handle the project agency affairs or special consulting affairs listed in Paragraph 3 of Article 1, it shall pay Party B an agency fee separately, and both parties shall sign an agency contract separately, and Party B shall pay preferential fees.
After the expiration or early termination of this contract, both parties shall confirm and settle the relevant expenses in writing.
Article 5 Work expenses
The following work expenses incurred by Party B's lawyer in handling matters entrusted by Party A shall be borne by Party A:
1, fees charged by relevant administrative, judicial, appraisal and notarization departments, and public transportation fees;
2. Travel expenses, accommodation, translation fees, photocopying fees, long-distance X fees, etc. Occurred outside Shanghai;
3. Other expenses incurred after obtaining the consent of Party A. ..
Article 6 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. Changing the lawyer of Party A's perennial legal adviser without Party A's consent;
2. Party A suffers losses due to the delay or mistake of Party B's lawyer;
3. Violation of one of the obligations specified in Item 5-8 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 still fails to pay the legal consultant fee or work fee to Party B within the time limit.
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 request Party B to refund part or all of the paid legal consultant fees.
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 practice insurance it has insured.
If Party A fails to pay the legal consultant fee or work fee without justifiable reasons, or terminates the contract without any reason, Party B has the right to ask Party A to pay the unpaid legal consultant fee, work fee and deferred interest.
Article 8 Settlement of disputes
The Contract shall be governed by People's Republic of China (PRC) Contract Law, Lawyers Law, Civil Procedure Law/Arbitration Law and other laws. Any dispute between Party A and Party B shall be settled through friendly negotiation. If negotiation fails, either party has the right to submit the dispute to Beijing Arbitration Commission/China International Economic and Trade Arbitration Commission for arbitration in accordance with the arbitration rules in effect at the time of submission. The arbitral award is final and binding on both parties.
or
Any dispute between Party A and Party B shall be settled through friendly negotiation. If negotiation fails, either party has the right to bring a lawsuit to the Beijing Municipal People's Court.
Article 9 the contract comes into effect
This contract is made in duplicate, signed/sealed by the representatives of both parties, and each party holds one copy, which shall come into effect as of.
Article 10 Term of Contract
The term of this contract is years.
Within the day before the expiration of the contract, Party A and Party B shall decide whether to renew the perennial legal consultant contract through consultation. After the expiration of this contract, if the legal consultant work assigned by Party A continues, Party A shall pay the legal consultant fee to Party B at the rate of RMB per hour in combination with the actual extension time.
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 to the address and fax listed on the title page. If one party changes its address or telephone number, it shall notify the other party in writing.
If it is sent by fax, it shall be deemed to have been delivered when the fax is sent; If it is mailed, it shall be deemed to have been delivered on the date of registration or mailing.
Party A: Party B: Shanghai Kuanda Law Firm X.
Representative: representative:
Year, month, sun, moon, sun.