Principal-agent contract in civil litigation (I) Principal (hereinafter referred to as Party A):
Trustee (hereinafter referred to as Party B):
Due to a labor dispute with Beijing Zejia Yike Technology Co., Ltd., Party A entrusts Party B's lawyer to represent the lawsuit, and through negotiation, both parties reach the following terms, which both parties shall abide by:
Article 1 Party B accepts the entrustment of Party A and appoints the lawyer as the litigation agent of Beijing Zejia Technology Co., Ltd. in labor dispute cases involving Party A. ..
Article 2 The agency authority entrusted by Party A to Party B is as follows:
1. Party A entrusts Party B as the litigation agent of first instance.
Agency authority of Party B: conducting investigation and evidence collection, defending, responding in court and settling out of court on behalf of Party B, proposing, changing, giving up, acknowledging claims, mediating and settling, and filing counterclaims.
2. Party A entrusts Party B as the litigation agent of the second instance.
Party B's agency authority: filing an appeal, investigating and collecting evidence, defending, responding in court, settling out of court, filing a case, changing, giving up, acknowledging the claim, and mediating and settling on behalf of Party B..
3. Party A entrusts Party B as an agent to apply for the execution of this procedure.
Authority of Party B's agency: proposing execution procedures and related work to the court on behalf of Party B, and receiving and handing over the executed object on behalf of Party B..
Party A entrusts Party B to carry out the above-mentioned 1 and 3 kinds of agency work.
Article 3 Both parties agree through consultation that the lawyer's agency fee and payment method are as follows:
1. In case of lump-sum payment, Party A shall pay all agency fees of RMB 3,000 to Party B within 10 days after both parties sign and confirm this agreement; 400 yuan (overpaying and underpaying) shall pay Party B within 65,438+00 days after both parties sign and confirm this Agreement. Party B or the local laws of Party B need to issue a formal invoice to Party A within 10 days after receiving the agency fee.
2. In case of installment payment, Party A shall pay the remaining agency fee in full, namely RMB, on the date of signing this Agreement.
3. With regard to the risk clause, Party A shall pay Party B the agency fee of RMB _ _ _ _ _ _ _ within _ _ _ _ years.
4. Other special provisions:
______________________________________________________________________________。
Article 4 When Party B appoints a lawyer to work outside the location of Party A and Party B, unless otherwise agreed, the travel expenses of the lawyer handling the case shall be reimbursed by Party A on a case-by-case basis.
Article 5 The lawyer of Party B shall safeguard the legitimate rights and interests of Party A in accordance with the law, appear in court on time, strictly abide by the professional ethics of lawyers, and keep the business secrets and personal privacy of Party A known in the execution of agency affairs. In case of violation, Party B shall be liable for compensation according to law.
Article 6 If Party B's lawyer fails to engage in agency affairs seriously and responsibly according to the prescribed procedures, and maliciously colludes with the other party or its agent, thus harming the rights and interests of Party A, Party A has the right to unilaterally terminate the agency contract, demand Party B to refund or refuse to pay the agency fee in full, and may require Party B to bear corresponding legal responsibilities according to law.
Article 8 If Party B terminates the performance of the contract without reason, the agency fee shall be fully refunded to Party A; If Party A terminates without reason, the agency fee will not be refunded.
Article 9 This contract shall be valid from the date of signing to the end of the case (judgment, mediation, settlement outside the case and withdrawal of the lawsuit).
Party A, Party B and attorneys:
Address: Address:
Postal code: 4 100 1 1 Postal code: 100 102.
Tel: Tel:
Fax: Fax:
note:
Bank account number:
Account name: Shi
Civil litigation agency contract (II) Name of the client:
Signature time:
Attorney in charge:
Party A:
Address: Postal Code:
Tel: Fax:
E-mail:
Party B:
Address: Postal Code:
Telephone: Fax: E-mail:
Party A employs Party B's lawyer as an agent ad litem in accordance with People's Republic of China (PRC) Contract Law, Civil Procedure Law and Lawyers Law. For this reason, both parties have reached an agreement through consultation to conclude this contract, which both parties shall abide by.
Article 1 Principal-agent matters
Party B accepts Party A's entrustment and appoints our lawyer as Party A's litigation agent in the above-mentioned case to represent the following litigation work (according to the agreement? []? Guilt? Or? x？ ; ? For agency matters, x？ For non-commissioned matters):
[] First instance procedure;
[] litigation of second instance;
[] retrial procedure;
[] execution.
Article 2 Authority of principal-agent
Party A's authorization to Party B is as follows (according to the agreement? []? Guilt? Or? x？ ; ? For authorized matters,? x？ For unauthorized matters):
[Application for investigation and evidence collection/application for investigation and evidence collection];
[Apply for evidence preservation on behalf of];
[Apply for property preservation on behalf of];
[] Prosecution/withdrawal of prosecution;
[] Representatives appear in court to participate in litigation;
[] on behalf of the jurisdiction objection;
[] apply for withdrawal on his behalf;
[] represents the application for appraisal/reinspection and inspection/reinspection.
[] on behalf of the defense;
[] Propose, change or give up one's claim on behalf of others;
[] stands for admitting/refuting the other party's claim;
[] on behalf of counterclaim/withdrawal of counterclaim;
[] stands for mediation or reconciliation;
[] filed/withdrew an appeal on his behalf;
[] Apply for execution on behalf of;
[] stands for collecting execution targets;
To sign, serve and accept legal documents on behalf of [].
Article 3 Obligations of Party A
1. Party A shall truthfully, comprehensively and timely state the case to Party B's lawyer, provide all evidence, documents and other factual materials related to the entrusted agency matters, and be responsible for the authenticity, integrity and legality of the evidence materials. If Party A conceals or falsifies evidence, all consequences arising therefrom shall be borne by Party A;
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, legal and timely;
3. Party A shall pay Party B attorney's fees, travel expenses/transportation expenses and other work expenses according to the time and amount stipulated in this contract;
4. Party A shall designate a contact person to contact Party B's lawyer and be responsible for conveying it to Party A..
When Party A changes the contact person, it shall notify the entrusted agent in writing;
5. Party B respects Party A's independent judgment and decision on agency matters. However, the losses caused by Party A's failure to make decisions according to the legal opinions, suggestions and plans provided by Party B's lawyers shall be borne by Party A itself.
Article 4 Obligations of Party B
1. In the above case, Party B appointed a lawyer as the litigation agent of Party A.. Party A agrees that the above lawyers shall appoint other assistant lawyers to assist in the auxiliary work, but Party B shall obtain the written consent of Party A for changing lawyers.
2. Party B's lawyer shall make full use of his professional knowledge and skills, complete the entrusted matters agreed in this contract with all due diligence in accordance with the provisions of laws and regulations, and safeguard the legitimate rights and interests of Party A to the maximum extent;
3. Party B's lawyer should follow the principle of honesty and trustworthiness, make professional judgments according to the provisions of laws and regulations, and objectively inform Party A of possible legal risks in entrusted matters;
4. Party B's lawyer shall submit evidence in time, appear in court on time and handle entrusted matters in a timely manner in accordance with the time limit and restrictions prescribed by law and the requirements of the judicial organ;
5. Party B's lawyer shall inform Party A of the progress of agency work in a timely manner, and give a reply as soon as possible to Party A's legitimate request for understanding the entrusted agency matters;
6. During the period when Party B represents Party A's case, without the prior written consent of Party A, Party B shall not entrust our lawyer to act as the litigation or arbitration agent of the other party with conflict of interest with Party A;
7. Party B and its appointed lawyer/paralegal have the responsibility to keep Party A's business secrets and/or Party A's personal privacy, and shall not disclose them to any third party unless required by law or approved by Party A;
8. Party B shall file the entrusted matters separately, properly keep the original evidence, legal documents and property related to Party A, and establish handover records. The archive preservation time shall be implemented in accordance with the Provisions on the Administration of Lawyers' Business Archives.
Article 5 Attorney's fees, case handling travel expenses/transportation expenses
1. Upon mutual agreement, Party A shall pay the lawyer's fee to Party B according to the following agreement:
(1) charging method (as agreed? []? Guilt? Or? x？ ; ? For the selection mode,
? x？ For non-selected mode):
[] risk charging method;
【】 Risk-free charging method;
(2) If both parties agree to adopt the risk charging method, the lawyer's fee shall be calculated and paid according to the following agreement (according to the agreement in? []? Guilt? Or? x？ ; ? For the choice, x？ For non-selected mode):
[] Pay the lawyer's fee according to% of the amount of the winning bid, with a tentative amount of RMB ten thousand and one jiao (￥).
If Party A is the plaintiff, the calculation base shall be the amount of litigation object determined by Party A's litigation request; If Party A is the defendant, the calculation base shall be the amount of the litigation object determined by the plaintiff's claim; The actual attorney fee shall be settled based on the amount determined in the effective judgment document;
[] Pay the lawyer's fee according to the actual amount (%) of the execution target, and the tentative amount is RMB ten thousand and one jiao (￥).
(3) If both parties agree to adopt the risk-free charging method, Party A shall pay Party B the lawyer's fee of RMB ten thousand one hundred and fifty Yuan only (￥) according to the regulations of government departments on lawyer's service charges.
(4) Payment method:
(1) If both parties choose the risk charging method, Party A shall pay the lawyer's fee within days after Party B delivers the effective judgment document to Party A, or within days after Party A receives the execution property (if Party A entrusts Party B to collect the execution property, Party B may directly deduct the lawyer's fee from the execution property).
② If both parties choose the risk-free charging method, Party A shall pay the lawyer's fees in one lump sum within days from the date of signing this contract.
2. Travel expenses/transportation expenses for handling cases
Party A shall pay Party B the travel/transportation expenses for handling the case according to the following agreement (in? []? Guilt? Or? x？ ; ? For the choice, x？ For non-selected mode):
【】 Reimbursement: If this method is selected, Party A shall truthfully reimburse Party B within days from the date of applying for reimbursement;
【】 All-in: If this method is selected, Party A shall pay Party B the travel/transportation expenses for handling the case * * RMB ten thousand and ten cents only, and pay it within days from the date of signing this contract.
3. Payment method: Party A can pay the lawyer's fees, travel expenses/transportation expenses and other work expenses by cash, transfer or cheque. In case of cash payment, Party A shall directly pay the money to Party B's accountant in Party B's office; Who is the payee when paying by check? Guangdong Yi Tong lawyer office
Firm? ; In case of transfer payment, Party A shall pay the money to the following account number designated by Party B:
Name of Party B's account: ￥×××
Bank of account of Party B: # # #
Account number of Party B: # # #
Attorney's fees, handling fees, travel/transportation expenses and other work expenses shall be paid directly to Party B. Party B does not recognize any private payment.
4. If Party A fails to pay the lawyer's fees or travel expenses/transportation expenses for handling cases, it shall still pay the agreed amount, and pay Party B a penalty of 0.5 ‰ for each overdue day.
Article 6 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, notarization and other professional consulting institutions;
2. Other expenses paid with the consent of Party A. ..
Article 7 Modification and rescission of the contract
1. Party A and Party B may modify or terminate this contract through consultation.
2. Party B has the right to increase the attorney's fees if the agency matters are obviously increased due to the addition of entrusted matters by Party A or the increase of litigants, or the counterclaim filed by one party. Party A shall make reasonable supplements. Otherwise, Party B can only work within the original entrusted scope.
3. In any of the following circumstances, Party A has the right to terminate this contract:
(1) Change the appointed lawyer without the consent of Party A;
(2) Party A suffers heavy economic losses due to the delay or dereliction of duty of Party B's lawyer;
(3) Violation of Article 4.6? One of the eight specific obligations.
4. Under any of the following circumstances, Party B has the right to terminate the contract or suspend work until Party A makes corrections, and the consequences arising therefrom shall be borne by Party A itself:
(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 Party B the lawyer's fees, handling travel expenses/transportation expenses or other work expenses as agreed within seven days.
Article 8 Liability for breach of contract
1. If Party B fails to provide the legal services stipulated in Articles 1 and 2 or violates the obligations stipulated in Article 4 without justifiable reasons, Party A has the right to require Party B to refund part or all of the lawyer's fees paid in breach of contract. However, Party A shall not refuse to pay or require Party B to refund the lawyer's fees for any of the following reasons:
(1) After the Contract comes into effect, Party A unilaterally entrusts other institutions or individuals to act as agents;
(2) After this contract comes into effect, Party A demands a refund on the grounds that Party B overcharged;
(3) After this contract comes into effect, with Party A as the defendant, Party B's lawyer has started to work, and the plaintiff withdrew the lawsuit;
(4) After the contract comes into effect, Party A unilaterally terminates the contract without authorization for reasons other than Party B or Party B's lawyer.
2. Party B's lawyer is responsible for work delay, dereliction of duty or violation of Article 4.6? If Party A suffers heavy economic losses due to one of the obligations specified in Item 8, Party B shall be liable for compensation to Party A through lawyer's professional liability insurance.
3. If Party A fails to pay the lawyer's fees, handling travel expenses/transportation expenses or work expenses without justifiable reasons, or unilaterally terminates the contract in violation of the agreement, Party B has the right to require Party A to pay the unpaid lawyer's fees, handling travel expenses/transportation expenses, other work expenses and liquidated damages according to the fourth paragraph of Article 5 of this contract.
Article 9 Under any of the following circumstances, Party B shall be deemed to have completed all the entrusted agency matters:
1. After this contract comes into effect, Party A reaches a settlement with other parties to this case;
2. After the contract comes into effect, the people's court makes an effective ruling or settles the case through mediation;
3. After this contract came into effect, the plaintiff withdrew the lawsuit, the appellant withdrew the lawsuit, and the appellant withdrew the lawsuit, which led to the end of the case;
4. After this contract comes into effect, other circumstances not caused by Party B shall be terminated.
Article 10 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 apply to the people's court of Party B's domicile for trial according to law.
Article 11 the contract comes into effect
The original of this contract is in triplicate, one for each party and one for file. This contract shall come into effect from the date when the representatives of both parties sign and affix their official seals, until the date when both parties dissolve or terminate the contract (subject to the judgment/ruling/conciliation statement of this case).
Article 12 Notification and Service
All notices, documents and materials sent or provided by Party A and Party B to the other party due to the performance of this contract shall be delivered to the address, telephone, fax or e-mail specified in this contract. If one party changes the mode of service, it shall notify the other party in writing in time, otherwise, the consequences arising therefrom shall be borne by the party that changes the mode of service.
If the document is delivered in person, it shall be deemed to have been delivered at the time of delivery; 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 mailing.
Article 13 Handling of Unfinished Matters
If there are any matters not covered in this contract, both parties shall agree separately in the form of a written supplementary agreement. If both parties fail to reach a written supplementary agreement, both parties shall still strictly abide by this contract.
Article 14 Other special agreements:
1, omitted
2. Omission
(There is no text below)
Party A: Party B: Guangdong Yi Tong Law Firm.
Signature Representative: Attorney-in-charge:
Date: Date:
Civil litigation agency contract (III) Client (hereinafter referred to as Party A)
Consignee (hereinafter referred to as Party B)
Party A (the plaintiff) entrusts Party B's lawyer to represent the lawsuit on the traffic accident case, and through negotiation, both parties hereby conclude the following terms and conditions for both parties to abide by.
1. Party B accepts Party A's entrustment and appoints Lawyer Li as Party A's litigation agent.
Two. Authority of Party A to entrust Party B with agency:
Party A entrusts Party B as the litigation agent of first instance.
Agency authority of Party B: conducting investigation and evidence collection, defending, responding in court and settling out of court on behalf of Party B, proposing, changing, giving up, acknowledging claims, mediating and settling, and filing counterclaims;
Party A entrusts Party B as the litigation agent of second instance.
Agency authority of Party B: filing an appeal, investigating and collecting evidence, defending, responding in court, settling out of court, proposing and changing on behalf of Party B; Give up and admit the claim, and mediate and settle;
Party A entrusts Party B as the agent to execute the procedure.
Agency authority of Party B: proposing execution procedures and related work to the court on behalf of Party B, and receiving and handing over the executed object on behalf of Party B;
Party A entrusts Party B to do the above-mentioned agency work.
Three. Both parties agree through consultation that the lawyer's agency fee and payment method are as follows:
1. In case of lump-sum payment, Party A shall pay all agency fees in RMB to Party B within one day after signing this Agreement;
2. In case of installment payment, Party A shall pay the first agency fee of RMB Yuan to Party B on the date of signing this contract, and the remaining agency fees shall be paid in full before, totaling RMB Yuan;
3. Risk clause: If Party A pays RMB to Party B, Party A shall pay RMB agency fee to Party B on the date of signing this contract;
4. Other special provisions:
4. When Party B appoints a lawyer to work outside the location of Party A and Party B, unless otherwise agreed, the travel expenses of the lawyer handling the case shall be reimbursed by Party A on a case-by-case basis.
5. Party B's lawyer has the responsibility to safeguard the legitimate rights and interests of Party A, appear in court on time, strictly abide by the lawyer's professional ethics, and keep secrets for Party A's documents, business secrets and personal privacy. In case of violation, which causes losses to Party A, Party B will bear the corresponding liability for compensation.
6. If Party B's lawyer fails to engage in agency affairs seriously and responsibly according to the prescribed procedures, and maliciously colludes with the other party or its agent, thus harming Party A's rights and interests, Party A has the right to unilaterally terminate the agency agreement, require Party B to refund or refuse to pay the agency fee in full, and may require Party B to bear corresponding legal responsibilities according to law.
7. Party A shall truthfully state the case to the lawyer, and provide relevant evidence and other materials required by Party B. After accepting the entrustment, if Party B finds that Party A has cheated and concealed the facts, it has the right to suspend the agency, and the fees charged according to the contract will not be refunded, and the consequences arising therefrom shall be borne by Party A. ..
8. If Party B terminates the performance of the Contract without reason, all agency fees will be refunded to Party A; If Party A terminates without reason, the agency fee will not be refunded.
Nine. This contract is valid from the date of signing to the end of this case (judgment, mediation, settlement outside the case, cancellation of the lawsuit).
X. If Party A fails to pay the agency fee as scheduled, Party B has the right to unilaterally terminate its agency work and this agency agreement, and the paid fee will not be refunded. If Party B has completed all the work and Party A has not paid all the agency fees, Party B has the right to ask Party A to pay the agency fees in full, and may ask Party A to pay 1% of the unpaid amount as liquidated damages every day.
XI。 If it is necessary to supplement, modify or terminate this Agreement in advance, both parties shall make a decision through consultation.
12. In case of any dispute arising from agency or related matters, both parties shall try their best to settle it through negotiation. If negotiation fails, either party has the right to bring a lawsuit to the people's court.
Thirteen. This agreement is made in duplicate, one for each party.
Party A: Party B:
Representative: Lawyer:
Address: Address:
Postal code:
Tel: Tel:
Fax: Fax:
Date of signature: year month day.
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