In a society where people pay more and more attention to contracts, contracts play an increasingly important role. The purpose of signing a contract is to protect the interests of both parties and avoid unnecessary disputes. There are many points for attention in drafting the contract. Are you sure you can write it? The following are three legal consultant contracts I have compiled for you for your reference, hoping to help friends in need.
Legal Consultant Contract 1 Party A: Party B:
Due to the need of work, Party A specially hired Party B as the perennial legal adviser, and both parties reached an agreement through consultation to sign this contract.
1. Party A employs Party B as a perennial legal adviser, and Party B provides Party A with legal services agreed in this contract.
2. The contract is valid from * *1year * 20xx to * year *. If it is necessary to renew the employment after the expiration, an agreement shall be signed separately.
Three. Party B handles the following legal affairs for Party A:
(1) Daily legal services, including:
1. Provide legal advice on legal issues involved in the business of Party A's unit.
2. Review the legal documents drafted by Party A's unit and help the consulting unit to formulate and modify internal rules and regulations.
3. Provide reference for Party A to draft and modify the economic contract.
4. Draft and modify the labor contract for Party A's unit, and assist in adjusting labor relations.
5. Analyze the legal feasibility of the decision-making matters in the production and operation management of Party A's unit.
6. Provide legal advice for the protection of Party A's trademark rights, patents, copyrights, trade secrets and exclusive management rights, and assist Party A in formulating confidentiality system and confidentiality agreement.
7. According to the needs of Party A, attend major meetings and provide legal advice on the spot.
8. According to the needs of Party A, issue a lawyer's letter in the name of legal adviser.
9. Conduct legal training for employees according to the needs of Party A's unit.
10. according to the needs of party a's unit, intervene in various investment activities of the company in advance and provide relevant legal services.
1 1. According to the financial information provided by Party A, analyze the company's creditor's rights, and put forward corresponding treatment plans for non-performing assets.
12. Participate in major economic negotiations of Party A and provide legal advice.
13. Introduce and publicize newly promulgated national and local laws and regulations to Party A from time to time.
14. Assist in setting up the legal office and guide its daily work according to the requirements of Party A's unit.
(2) Non-litigation legal services, including:
1. Prosecute, analyze and judge the litigation cases of Party A's unit to avoid unnecessary waste.
2. Conduct relevant enterprise consulting investigation for Party A's unit and issue investigation report.
3. Provide lawyer's witness for the legal acts and legal facts of Party A's unit.
4. Provide comprehensive legal services for enterprise establishment, equity transfer, capital increase and capital decrease, bidding, merger and separation, liquidation and cancellation, asset reorganization, restructuring and listing of Party A's unit.
5. Handle other non-litigation legal affairs entrusted by Party A's unit.
(3) Litigation legal affairs, including:
1. Accept the entrustment of Party A to mediate and settle civil and economic disputes.
2. Accept the entrustment of Party A and represent Party A in civil, criminal, economic and administrative litigation.
3. Accept the entrustment of Party A to act as an agent for arbitration of economic, labor and foreign-related cases.
Four. During the period when Party B is the perennial legal adviser of Party A, Party B also undertakes the following specific obligations:
1. To undertake relevant legal affairs entrusted by Party A in a timely manner and earnestly perform their duties;
2. Adhere to the principle of taking facts as the basis and law as the criterion. When Party A and its staff are found to be in violation of the law, they should act in strict accordance with the law to avoid causing losses to Party A;
3. Work according to the provisions of this contract and the authorization of Party A shall not exceed the agency authority;
4. Party B shall not engage in activities that damage the legitimate rights and interests of Party A, and shall not act as Party A's agent for Party B in civil, economic, administrative litigation or arbitration activities;
5. During the period of being the legal adviser of both companies, if there is a dispute between Party A and other companies, mediation shall be conducted, but the other party shall not participate in litigation or arbitration;
6. Party B has the obligation to keep confidential the business secrets of Party A's production, operation, management and other economic activities that he has come into contact with and learned in his work.
Verb (abbreviation of verb) Party A shall provide Party B with the following working conditions:
(1) Party B may consult the documents and materials related to undertaking the business and keep the necessary copies, and Party A shall actively assist;
(2) Understand the production, operation and management activities of Party A;
(3) Attend relevant meetings of Party A's production, operation, management and external affairs as nonvoting delegates;
(4) Provide Party B with necessary working conditions and conveniences such as office and transportation.
(V) Party B is on a business trip, and the travel expenses shall be borne by Party A, and the travel allowance shall be implemented according to the company's travel allowance standard.
(six) the basic salary is paid on time, and other rewards and expenses are also settled and paid on time.
Intransitive verb Working hours of Party B:
If Party B's working hours are irregular, the service content agreed in the contract shall be arranged reasonably and solved in time. In case of emergency, ensure that you are on call, do it urgently and don't delay. If you can't arrive due to business trip, you should also arrange other lawyers to be present or arrange your work reasonably.
Seven. Party A shall pay legal service fees to Party B: In order to arouse the enthusiasm of Party B, the following standards shall be implemented:
1. Party A shall pay Party B the basic salary of RMB yuan every month.
2. During the negotiation and settlement of Party B's major problems in the company, Party A will give certain rewards according to Party B's work situation, and will not reward general problems and problems that Party B pays less. 3% for the part involving 500,000 to 6,543,800 yuan, and 2% for the part involving 6,543,800 yuan.
3. When Party B mediates and negotiates civil and economic disputes in the agency company, Party A will give certain rewards according to Party B's work conditions, and general matters and matters for which Party B pays less will not be rewarded. 3% for the part involving 1 to 65438+ ten thousand yuan, and 2% for the part involving 65438+ ten thousand yuan.
4. In the lawsuit in which Party B represents Party A as the defendant, Party A shall pay Party B the legal service fee according to the amount of the subject matter of the lawsuit, with 3% for the part involving 1 to 654.38+million and 2% for the part above 654.38+million.
4. If Party B brings a lawsuit on behalf of Party A as the plaintiff, Party A will pay legal service fees to Party B according to a certain proportion of the execution or settlement money returned by the court, and will not pay any fees if it fails to execute the money. 1 shall be paid as 10% for the part up to RMB 654.38+10,000, and 5% for the part above RMB 654.38+10,000.
5. If Party B causes losses to Party A due to serious irresponsibility or gross mistakes, it shall not only return the corresponding expenses, but also impose a certain fine within the scope of paying the expenses.
Eight. Termination of contract
1. Party A and Party B can negotiate or one party has justified reasons to terminate this contract.
2. One party's breach of contract makes this contract impossible to perform;
3. After the expiration or dissolution of this contract, Party B shall return the relevant materials to Party A, and hand over the unfinished matters to Party A, and perform the protection obligations before the handover, and the expenses arising therefrom shall be borne by Party A. ..
Eight. Matters not covered in this contract shall be settled by both parties through consultation.
9. This contract is made in triplicate, with Party A holding two copies and Party B holding one copy, which shall come into effect after being signed and sealed by both parties.
Part II of Legal Consultant Contract Party A: Company
Address: Postal Code:
Telephone:
Party B:
Address: Postal Code:
Contact telephone number:
Party A employs Party B as Party A's legal adviser in accordance with the Law of People's Republic of China (PRC) on Lawyers and other relevant regulations, and the following terms and conditions are reached through consultation between both parties for compliance:
Article 1 Party B is the legal adviser of Party A, safeguarding the legitimate rights and interests of Party A and providing legal services for the company to operate according to law.
Article 2 Work scope of Party B:
1. Answer legal questions for Party A and provide written legal opinions when necessary;
2. Assist Party A to review and modify the contract and related legal documents;
3. Accept the entrustment of Party A and participate in relevant business negotiations;
4. Accept the entrustment of Party A to act as the case and the agent of the case, and act as the agent for the litigation in the first, second and execution stages.
5. Participate in litigation, non-litigation, mediation and arbitration activities of other paid cases, and the agency fee shall be discussed separately;
Article 3 Party A shall perform the following obligations:
1. Provide Party B with all documents and background information related to the entrusted service in a timely, truthful and detailed manner, and bear the responsibility for violating this clause and the information is untrue;
2. Actively cooperate with the work entrusted to Party B (lawyer);
3. When Party B is engaged in the paid service items in Article 2 of this contract, Party A shall pay the paid service fees to Party B according to the charging standards of relevant service items or through negotiation between both parties.
Article 4 Party B shall perform the following obligations:
1, actively and responsibly serve Party A (according to the scope of work in Article 2 of this contract) and earnestly safeguard the interests of Party A according to law;
2. Handle legal affairs within the scope of work of the Second Legal Adviser in a timely manner;
3. The working time and place of Party B will be specifically negotiated or contacted at any time according to the actual legal service content of Party A;
4. Keep business secrets for Party A. ..
Article 5 The charging methods for legal advisers are as follows:
1. Party A pays Party B * * 50,000 yuan as the engagement fee of legal adviser, 25,000 yuan when signing the contract, and 25,000 yuan in September 10, which shall be collected by Party B;
2. Party B shall pay Party B 5%- 10% of the subject matter of the case when handling the litigation, arbitration, non-litigation and mediation services entrusted by Party A in Article 2 of this contract.
3. When the legal adviser handles the case for Party A in other places, Party A shall bear the transportation, accommodation and food subsidies in full and on time according to local regulations.
4. If Party A fails to pay the engagement fee of legal counsel or the fees agreed in this contract on time, Party B has the right to notify Party A to pay the fees in full and on time or choose to suspend or terminate the legal counsel contract, and the responsibilities and losses arising therefrom shall be borne by Party A..
Article 6 If Party A terminates the contract without reason, Party B will not refund the relevant fees collected; If Party B terminates this contract, Party B shall refund the fees from the date of termination to the date of termination.
Article 7 This contract shall come into effect as of the date when both parties affix their seals and sign it, and shall be valid for one year.
Article 8 This contract is made in quadruplicate, two for Party A and two for Party B, all of which have the same legal effect.
Article 9 This contract was signed on March 20xx 10.
Party A (seal): Party B (seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Consultant Contract 3 Party A (Employer):
Legal representative:
Party B (Party B):
contacts
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. In order to clarify the rights and obligations of both parties, Party A and Party B, based on the principle of good faith, have reached an agreement through consultation to conclude this contract for both parties to abide by.
Article 1 Service scope of Party B
(1) The service content of Party B's lawyer is to assist Party A in handling daily legal affairs, including but not limited to:
1. Assist the company to draft, formulate and improve the following relevant rules and regulations.
(1) company employee handbook
(2) Company attendance system
(3) the company's rest and vacation system
(4) Employee reward and punishment system.
2. Assist in drafting, formulating, reviewing or modifying legal contracts (including labor contracts and various business contracts), articles of association and other legal documents;
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, coordination and mediation on disputes that Party A has faced or may occur;
6. At the request of Party A, provide legal training to Party A's employees and teach them legal practical knowledge;
7. Handle other legal affairs agreed by both parties. The latest mode of legal consultant contract.
(2) Party A is involved in civil, administrative, criminal and other special agency affairs that must enter litigation or arbitration legal procedures;
(3) Legal affairs of enterprises and other affiliated enterprises funded and registered by Party A;
(4) Party A participates in long-term investment, financing, enterprise restructuring, reorganization, mergers and acquisitions, bankruptcy, stock issuance, listing and other special legal advisory affairs.
Article 2 Obligations of Party B
1. Party B appoints lawyer Tang Qibin as the perennial legal adviser of Party A, and Party A agrees that the above-mentioned lawyers appoint other lawyers to assist in completing the above-mentioned legal affairs, but Party B's change of lawyer as the perennial legal adviser of Party A requires Party A's consent;
2. Party B's lawyer shall diligently complete the legal affairs listed in Article 1;
3. Party B's lawyers should make use of their own professional skills and strive to maximize the interests of Party A;
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 shall be 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, money and articles related to Party A. ..
Article 3 Obligations of Party A
1. Party A shall provide Party B with all kinds of information, documents and materials related to legal affairs comprehensively, objectively and timely;
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 set up a legal department in this unit and assign legal department personnel to cooperate with Party A's lawyers;
5. 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 fault of Party B's lawyers (the fault determination shall be subject to the lawyer's practice norms), and shall be borne by Party A.. ..
Article 4 Lawyer's fees and payment time
1. The legal consultant fee for items 1 to 7 in Paragraph 1 of Article 1 of this Contract is RMB Yuan, which shall be paid to Party B within X working days from the date of signing this Contract.
2. The project agency fee (litigation and arbitration fee) in Paragraph 2 of Article 1 of this Contract:
During the consultation period, Party B will represent Party A for free whether there is any bid below xx million (including xx million), but Party A shall pay Party B the basic handling fee according to the standard of xxxx yuan/piece.
For other litigation or arbitration cases, Party A shall pay the lawyer's fees to Party B.. The lawyer fees charged by Party B shall be given preferential treatment according to the consultant's standards. The specific standard is: the basic handling fee for each case is RMB xxxx, and the lawyer's fee is charged according to the following proportion according to the different amount of disputes:
(1) If the disputed amount is less than RMB xx million (including RMB xx million) or there is no specific requirement for the disputed amount, no charge will be charged;
(2) If the disputed amount is between RMB xx million and RMB xxx million (including RMB xxx million), the collection ratio shall be X %；;
(3) If the disputed amount is more than RMB xxx million, the collection ratio shall be x%.
For some special cases, Party A and Party B shall negotiate separately to determine the charging method.
3. The project cost in the third and fourth paragraphs of Article 1 of this contract:
Where Party B needs to provide legal services for the legal affairs of the registered enterprises and other affiliated enterprises funded by Party A, such as mergers and acquisitions, foreign investment, business trips, etc., the fees shall be determined by both parties through consultation.
4. The above expenses do not include travel expenses, investigation fees, notarization fees, appraisal fees and other handling fees, which shall be paid to Party B after settlement by both parties; The above fees do not include legal fees or arbitration fees, which shall be paid by Party A according to law.
5. If this contract is terminated or prematurely terminated, both parties shall confirm and settle the related 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, notarization, evaluation, consulting institutions and other departments;
2. Travel expenses, accommodation fees, translation fees, data binding fees, long-distance communication fees, etc. Handling a case outside xx city (the so-called outside city refers to the area outside the coverage of urban bus operation lines of Xiangyang Public Transport Corporation);
3. Other expenses incurred after the consent of Party A;
4. Party B's lawyer shall reasonably use the working expenses based on the principle of thrift.
Article 6 Termination of the Contract
(1) Party A and Party B may modify or terminate this contract through consultation.
(II) Party A has the right to terminate this contract under any of the following circumstances:
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. Violating one of the obligations stipulated in Item 5 to Item 8 of Article 2;
(III) 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 norms;
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 fails to pay the legal consultant fee or work fee to Party B within 30 days.
Article 7 Liability for breach of contract
1. If Party B fails to provide the legal services specified in Article 1 or violates the obligations specified in Article 2 without justifiable reasons, Party A has the right to require Party B to refund part or all of the legal consultant fees paid.
2. 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 to 8 of Article 2, Party B shall be liable for compensation to Party A. ..
3. If Party A fails to pay the legal consultant 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 legal consultant fee, work fee and deferred interest.
Article 8 Methods of dispute settlement
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.
Article 9 Term of Contract
1. The term of this contract is x years, from x days of 20xx years to xx days of 2 xx years.
2. Within x months 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 adviser appointed by Party A continues to work or Party A continues to perform the obligations in Articles 4 and 5 of this contract, the legal service conditions agreed in this contract will remain valid.
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 the text or cover of this contract. If either party moves or changes the telephone number, it shall promptly 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.
1. If Party A is not satisfied with the service quality of the lawyer appointed by Party B, it may apply for replacement;
2. Matters not covered in this contract can be supplemented by both parties through consultation;
3. This contract is made in triplicate, one for each party and one for lawyer xxx;
4. This contract shall come into effect after being signed by both parties.
Party A:
date month year
Party B:
date month year