Model principal-agent contract 1
Customer: Company
Address:
Contact person:
Contact telephone number:
Fax:
Trustee: Law firm.
Address:
Contact person:
Contact telephone number:
Fax:
Due to a dispute between Party A and Party B, Party A entrusts Party B as an agent ad litem, and through friendly negotiation, this Contract is hereby concluded and performed by both parties.
I. Entrusting matters
1. Party A entrusts Party B as the agent ad litem of Party A and the dispute case. The power of attorney is general, and the power of attorney shall prevail. Party A designates to participate in the litigation, and the agency authority is special agency.
2. Party B and the lawyer declare that there are no matters and business relationships that conflict with the agent when signing this contract. During the performance of this contract, Party B and its lawyers shall not engage in any business that may have an interest in this case. Without the consent of Party A, Party B shall not act as the legal adviser or agent of the other party who has a legal interest conflict with Party A. ..
3. The lawyer appointed by Party B as the agent of Party A shall not be changed. If it is really necessary to change, the written consent of Party A must be obtained. If Party A does not agree to the change, this contract will be automatically terminated, and Party B will refund all the agency fees collected.
4. The performance period of this contract is one year, and the entrusted matters are: retrial of first instance and second instance. After the performance period ends, this contract will automatically terminate. If both parties reach a supplementary agreement through consultation, this contract can continue to be performed, and both parties shall stipulate the performance period separately in the supplementary agreement.
Two. Rights and obligations of Party A
1. Provide Party B with documents and background information related to the entrusted matters.
2. Cooperate with all the work done by Party B for the benefit of Party A, and provide Party B with work convenience according to actual needs.
3. Party A shall pay the lawyer's fees to Party B in full and on time as agreed in this contract.
4. If Party A thinks that Party B can't complete the agency matters, it can notify Party B in writing to terminate the contract at any time. When the notice of termination reaches Party B, the Contract is terminated and Party A will not pay the remaining agency fees. However, Party A shall compensate Party B for the actual expenses incurred before the termination of the Contract.
Three. Rights and obligations of Party B
1. Party B promises to provide legal services agreed in this contract to Party A in accordance with the business standards and professional ethics required by the lawyer industry, and earnestly safeguard Party A's rights and interests in accordance with the law, and handle the affairs entrusted by Party A in a timely and prompt manner according to Party A's requirements.
2. Party B promises to keep confidential the information or materials it has learned or obtained from Party A during the performance of this contract, unless it is disclosed with the written consent of Party A. ..
3. Party B shall file the business of Party A separately. Complete work records shall be kept. Original evidence and legal documents involving Party A shall be kept by Party A, and Party B shall keep copies. If you need to use the original, you should go through the borrowing formalities and return it in time.
Four. Specific services provided by Party B to Party A
1. Submit case analysis to Party A, including legal analysis, evidence preparation, analysis of main legal points, possible defense reasons of the other party, handling ideas, case handling objectives, cooperation matters that need to be provided by Party A, etc.
2. Drafting and preparing litigation documents, including but not limited to power of attorney, civil complaint, written agency opinion, defense opinion, evidence list and explanation, relevant application, etc.
3. Consult all kinds of materials related to this case and investigate and collect evidence on the facts of this case.
4. Attend the trial on behalf of the court and give opinions to the court on the procedural and substantive issues of this case.
5. Authorized to participate in mediation on behalf of Party A, but ultimately it is up to Party A to decide whether to agree to the mediation result.
6. Sign, send, accept and transmit various legal documents on behalf of others. The specific authority shall be subject to the power of attorney.
7. According to the progress of agency work, submit written materials such as case analysis, agency words and case summary to Party A. Among them, written agency opinions should be given to Party A before the first court session, and formal agency opinions should be supplemented and improved within three days after the court session. Submit a case summary to Party A within seven days after receiving the judgment, mediation or execution, including legal analysis and management suggestions on the case handling process.
Verb (abbreviation of verb) proxy mode
According to the Contract Law and relevant laws and regulations, Party A and Party B agree that the cases involved in this contract are represented by ordinary/risk agencies, as follows:
1. For the preliminary handling expenses, the following methods are adopted:
(1) From the signing of this contract to the final judgment of this case, Party B will not charge any fees.
(2) After the signing of this contract, Party A shall pay Party B the preliminary handling fee.
2. Payment method in case handling:
(1) After Party B's efforts, the first-instance judgment or arbitration award is reached, and Party A shall pay the lawyer's fee to Party B within 7 days after receiving the judgment or award and the case summary.
(2) After Party B's efforts, the judgment of the second instance is reached, and Party A shall pay the lawyer's fee to Party B within 7 days after receiving the judgment and the summary of the case.
(3) Party B made efforts to reach a retrial judgment, and Party A received the judgment.
Pay the lawyer's agency fee to Party B within 7 days after the pleadings and briefs.
(4) If Party B tries to obtain the execution payment from the defendant, Party A shall pay the lawyer's agency fee to Party B within 7 days after receiving the execution payment.
3. Other circumstances:
During the litigation/arbitration, if Party A and the defendant settle the case through mediation/conciliation, Party A shall pay the lawyer's fee to Party B, and Party A shall pay the lawyer's fee to Party B within 7 days after receiving the mediation and the case summary.
4. Necessary and reasonable legal fees, arbitration fees, inquiry fees, preservation fees, appraisal fees, evaluation fees, auction fees, investigation and overseas travel expenses and accommodation fees incurred by Party B in the activities related to Party A's agency affairs shall be reimbursed by Party A according to the facts; Other expenses related to (including but not limited to) accommodation, transportation, communication, communication and photocopying. In the office area of Party B, it shall be borne by Party B..
Liability for breach of contract of intransitive verbs
1. Party A and Party B may modify or terminate this contract through consultation. The termination of the contract shall be notified to the other party in writing.
2. In any of the following circumstances, Party A has the right to terminate the contract at any time, and Party B shall refund the agency fee paid by Party A and compensate Party A for its actual losses:
(1) Party B fails to provide legal services or obligations agreed in this contract without justifiable reasons.
(2) Concealing the relationship with the party concerned;
(3) Violating relevant confidentiality agreements;
(four) the important original evidence and legal documents are lost;
(five) in violation of the professional ethics of lawyers, causing heavy losses to the entrusting unit;
6. Failing to appear in court on time;
⑦ Other circumstances that cause heavy losses to Party A due to Party B's reasons.
3. Under any of the following circumstances, Party A has the right to terminate the contract at any time, and the agency fee collected by Party B will not be refunded, and Party A will not continue to pay the agency fee:
① Party B fails to receive the legal documents on time;
② Failing to submit to Party A all kinds of legal documents drafted by Party A as stipulated in Article 4 of this Contract on time;
③ Failing to attend the meeting related to this case convened by Party A on time without Party A's consent. ..
Seven. Notification and delivery
1. All notices, documents and materials sent or provided by Party A and Party B for the performance of this contract shall be sent to the address and fax listed in this contract. If one party changes its address or telephone number, it shall notify the other party in writing.
2. If it is delivered by fax, it shall be deemed as delivered when the fax is sent; If it is delivered by post, it shall be deemed as delivered on the day when it is sent by registered mail or posted.
Eight. Dispute mediation
Any dispute arising from the performance of this contract shall be settled through friendly negotiation. If negotiation fails, the (third place) arbitration commission shall have jurisdiction over the disputes in this contract.
Nine. Unfinished business
For matters not covered in this agreement, both parties may sign a supplementary agreement separately, which shall be in written form or confirmed by both parties.
X. others
1. This contract is made in quadruplicate, with each party holding two copies, all of which have the same legal effect.
2. This contract shall come into effect as of the date of signature and seal by both parties.
Party A (seal): Party B (seal):
Signature of Party A: Signature of Party B:
Year, month, sun, moon, sun.
Model lawyer-agent contract II
Party A:
Party B: Law firm
Party A employs Party B to provide legal services in accordance with the provisions of People's Republic of China (PRC) Lawyers Law and Contract Law. Party A and Party B have reached an agreement through consultation to conclude this contract for mutual compliance. Article 1 Party B accepts the entrustment of Party A and appoints a lawyer as Party A's agent in the above-mentioned cases.
Article 2 The authority of Party A to entrust Party B as an agent shall be subject to the power of attorney signed by Party A. ..
Article 3 Party B's lawyer shall strictly abide by professional ethics and practice discipline, fulfill the entrusted matters agreed in this contract dutifully and actively safeguard the legitimate rights and interests of Party A in accordance with the provisions of laws and regulations. ..
Article 4 Party A shall state the case to Party B's lawyer in a true, detailed and timely manner, provide all evidence, documents and other factual materials related to the entrusted matters, and be responsible for the authenticity and legality of the evidence materials. If Party A conceals facts or evidence, or forges evidence, all legal consequences and losses caused to Party B shall be borne by Party A. ..
Party A shall not require Party B to refund the lawyer's fees for the following reasons:
1. After Party A entrusts Party B, it entrusts others to represent the same matter;
2. After Party B accepts the entrustment, Party A requests a refund on the grounds that Party B charges too much;
3. After Party B accepts the entrustment, both parties or one party shall settle the case before the court decides.
The party concerned withdraws the lawsuit;
4. Party A unilaterally terminates the contract for reasons other than Party B's.
Article 5 Lawyers' service fees and handling fees
Through negotiation between both parties, Party A pays Party B the lawyer's fee of RMB. Travel expenses, legal fees, arbitration fees, appraisal fees, inspection fees, evaluation fees, notarization fees, file retrieval fees, translation fees, investigation fees and other fees paid after obtaining the consent of Party A are case handling fees, which shall be paid by Party A separately. ..
Article 6 The Contract shall come into effect
1. This contract is made in duplicate, with each party holding one copy. This contract shall come into effect from the date of signature or seal by both parties, and shall terminate on the date when Party B's lawyer completes the legal services agreed in this contract. 2. The date when the legal services agreed in this contract are completed refers to the date when the relevant authorities make a judgment, mediation, ruling or ruling, or the date when both parties reach an out-of-court settlement or withdraw the lawsuit.
Article 11 Services
For the convenience of contacting and serving court summons, judgments, mediation papers and other relevant legal documents, the contact telephone number of Party A confirmed by Party A is: mailing address:
If Party B informs Party A of the contents of relevant legal documents by telephone, it shall be deemed that Party B has delivered them effectively. If contact cannot be made by telephone, Party B's delivery at the above address shall be deemed legal and effective. If Party A's address changes, it shall notify Party B in writing within five days after the change. Otherwise, Party B's delivery at the above address is still legal and valid, and the legal consequences that Party A can't collect due to address change shall be borne by Party A. ..
Party A (signature): Party B (signature):
Telephone number: telephone number of the lawyer in charge:
Date of signature: year month day.
Model lawyer-agent contract 3
contract number
Party A:
Legal representative:
Entrusted agent:
Address:
Postal code:
Telephone message:
Chuan Zhen:
Party B: Beijing Law Firm.
Address:
Postal code:
Telephone message:
Chuan Zhen:
According to People's Republic of China (PRC) Contract Law, Civil Procedure Law, Arbitration Law and Lawyers Law, Party A employs Party B's lawyer as the entrusted agent. Based on the principle of good faith, Party A and Party B jointly abide by this contract through consultation.
Article 1 Principal-agent matters
Party B accepts Party A's entrustment and appoints a lawyer to act as Party A's entrusted agent under the following circumstances: working in a dispute case.
Article 2 Authority of principal-agent
Special agent
Article 3 Obligations of Party B
1. Party B appoints Party A as the entrusted agent for the above-mentioned case, and Party A agrees that the above-mentioned lawyer appoints other business assistants to assist in completing the auxiliary work;
2. Party B's lawyer shall diligently complete the entrusted agency matters listed in Article 1;
3. Party B's lawyer shall submit evidence in time according to the requirements of the judicial organ and report the progress of the case at the request of Party A;
4. Party B's lawyer shall not violate the lawyer's practice standards, and shall not act as the entrusted agent of the other party who has a legal interest conflict with Party A in an antagonistic case involving Party A without the consent of Party A;
5. Party B is responsible for the coordination and communication of the court.
Article 4 Obligations of Party A
1. Party A shall state the case to Party B's lawyer in a true, detailed and timely manner, and provide evidence, documents and other factual materials related to the entrusted matters;
2. Party A shall actively cooperate with the work of Party B's lawyer, and Party A's requirements for Party B's lawyer shall be clear and reasonable;
3. Party A shall pay the lawyer's agency fee and working fee to Party B in full and on time;
4. Party A shall designate the contact person of Party B's lawyer to be responsible for conveying Party A's instructions and requirements and providing documents and materials. Party A shall notify the entrusted agent when changing the contact person;
5. Party A has the responsibility to make independent judgments and decisions on the entrusted matters.
Article 5 Lawyer's Agency Mode and Agency Fee
Through negotiation between both parties, the agency method is risk agency, and the payment method of agency fee is as follows:
1. Party A shall pay% of the money or assets actually paid to Party A to Party B as the agency fee.
2. Party A will pay Party B all interest or% of the principal amount exceeding RMB10,000 as agency fee.
3. Party A entrusts Party B to collect the execution payment and authorizes Party B to directly deduct the agency fee.
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. Party A suffers losses due to the delay, dereliction of duty or mistake of Party B's lawyer;
2, in violation of the obligations stipulated in Article 3, paragraph 4.
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;
3. Party A fails to pay the lawyer's agency fee or work fee to Party B within the time limit.
Article 7 Liability for breach of contract
If Party A fails to pay the lawyer's agency fee or work fee without justifiable reasons, or terminates the contract without justifiable reasons, Party B has the right to ask Party A to pay the unpaid agency fee, work fee and deferred interest.
Party A shall not require Party B to refund the fee for the following improper reasons:
1. Party A unilaterally entrusts lawyers from other law firms to act as agents;
2. After Party B completes the agency matters, Party A requests a refund on the grounds that Party B charges too much:
3. Party B's lawyer is ready for execution, and Party A withdraws the application;
4. Other reasons not attributable to Party B or Party B's lawyer cause Party A to terminate the contract without reason.
Article 8 Settlement of disputes
This contract is governed by People's Republic of China (PRC) Contract Law, Lawyers Law and Civil Procedure Law.
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 people's court with jurisdiction in Beijing.
Article 9 the contract comes into effect
This contract is made in duplicate, signed and sealed by the representatives of both parties, and each party holds one copy. It will take effect from, until Party B completes the agency entrusted by Party A.. ..
Article 10 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 in this contract. If one party moves or changes the 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: Limited Company Party B: Beijing Law Firm.
Representative: representative:
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