We know that there are obvious differences between criminal litigation and civil litigation, but in real life, when we need to file a criminal lawsuit, we may need to file a civil lawsuit against the defendant. In this case, for convenience, we can carry out criminal incidental civil action. Next, Bian Xiao will introduce in detail the writing of the lawyer's agency contract for criminal incidental civil litigation. Let's have a look.
How to write the lawyer's agency contract for criminal incidental civil action?
Party A (Employer):
Party B (Party B):
Because the criminal suspect (defendant), the victim (near relative) and Party B committed a criminal offence, after full consultation, they agreed to entrust Party B's lawyer to provide legal aid for Party A, and concluded the following contract on criminal incidental civil action:
Article 1 Entrusting matters
Party B accepts Party A's entrustment and appoints lawyer Su Yifei to provide him with legal aid at the stage of criminal incidental civil litigation.
Article 2 Obligations of Party A
1. Introduce the case to Party B's lawyer truthfully, objectively and comprehensively, and provide assistance to Party B's lawyer in handling the case;
2. Pay legal fees and handling fees to Party B in full and on time.
Article 3 Obligations of Party B
After accepting the entrustment, Party B's lawyer can carry out the following work according to the actual situation of the case, relevant laws and regulations and the arrangement of the case-handling organ, except for force majeure:
1, providing legal advice;
2. Acting as an agent for complaints and accusations;
3. Understand the case from the investigation organ;
4. Second instance investigation and evidence collection, court defense or agency.
Article 4 Attorney's fees
According to the Implementation Measures for the Management of Lawyers' Service Charges in Anhui Province, the two parties reached the following agreement on the attorney fees and related expenses that Party A should pay to Party B through friendly negotiation:
(1) After negotiation between Party A and Party B, Party B will charge the lawyer's agency fee on the basis of fully considering the following factors.
(1) working hours consumed;
(2) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The social reputation and working level of lawyers.
(2) Party A shall pay Party B legal fees in RMB.
Article 5 Liability for breach of contract
If Party B terminates the performance of this Agreement without reason, the lawyer's fee will be fully refunded to Party A; If Party A terminates without reason, the lawyer's fee will not be refunded.
Article 6 Settlement of disputes
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 the people's court where the contract is signed for adjudication.
Article 7 Effectiveness and Termination of the Contract
This contract shall come into effect from the date when the representatives of Party A and Party B sign or affix their official seals, and shall be terminated when Party B's lawyer completes the entrusted affairs of this contract (including meeting or putting forward bail pending trial, etc.). ).
This contract is made in triplicate, one for Party A, Party B and Party B's lawyer, each with the same legal effect.
Article 8 Special Agreement
1. Party B's lawyer makes no commitment to the outcome of the case.
2. Party B has explained the charging regulations and standards to Party A before signing this contract. Party A has fully read and understood the contents of this contract before signing it, and this contract was reached by both parties through voluntary negotiation.
Party A: Party B:
Date:
From the above model, it can be seen that the main contents of lawyer's agency contract in criminal incidental civil action need to include entrustment, obligations of both parties and lawyer's fees. In addition, it is also necessary to stipulate the liability for breach of contract and dispute resolution methods to prevent the resulting disputes from being effectively handled and resolved.