法律顾问合同(英文版)..doc

1、Beijing YingKe Law FirmCONTRACT ON RETAINING LEGAL COUNSELParty A:Address:Telephone:Fax:Party B: Beijing YingKe Law Firm Address: 6th Floor, Tower C, Dacheng International Center, No. 76, East 4th Ring Middle Road, Chaoyang District，Beijing, 100124 Telephone: 010-59626699Fax: 010-59626918Party A wou

2、ld like to retain Party B as its legal counsel, according to Law on Legal Counsel of the Peoples Republic of China The two parties through consultation hereby agree upon, and shall be bound by, the following terms:Article Party A will designate 【 】, as the lawyer employed by B, to work as As legal c

3、ounsel. 【 】 will provide legal assistance and protect As interests vested by law.Article Party Bs scope of responsibility.Answer questions on legal issues from Client and give opinions or any advice on such issues;. Upon the clients request, Party B shall participate in commercial negotiations, in w

4、hich Client is a party, and be concerned with drafting, modification, reviewing and examination of the legal documents such as contracts and agreements or preparing legal documents that is needed in the negotiations;. Provide economic and legal information pertain to the business operation of the cl

5、ient;. Represent the client in the litigation of criminal, civil, economic and administrative cases; offer strategic legal advice in litigation and arbitration as a legal advisor, preventing or negating legal risk；. Help to set up and organize files of legal documents and alarm any legal risk;.Rende

6、r legal consultancy for business operation and management of client;. Participate in important economic activities of client, offering all follow up services if necessary;. Provide legal documents such as legal opinion, lawyers advice, lawyers testimony and lawyers letter etc;. Credibility investiga

7、tion upon request: investigation on the entity qualification, business registration, legal status, true identity, background, status quo of business operation and management and assets status of the cooperation partners and clients of client;Upon Clients request, Party B should research, gather and

8、explain any related law, rules, and regulations, and provide practical operational guidelines for the clients;xi. Party B may sign, send and deliver legal documents with the authority of the clients;xii. Other services after negotiation and agreement by the two parties.Article Party As Obligations.

9、Party A shall provide convenience to legal counsels appointed by Party B and specially appoint a person to keep regular contact with the counsels of Party B; .Party A shall offer chances to the counsels appointed by Party B for attending clients business meetings that are concerned in order that Par

10、ty B can render better legal services; . Party A should comprehensively, objectively provide information, materials and/or documents regarding the legal affair to Party B within a reasonable time;. Party A has the responsibility to make independent judgments and decisions. Party B shall not be respo

11、nsible for any loss incurred by Party A that is not caused by the negligent advice of Party B.Article Party Bs Obligations. The Party B accepts the authorization of the Party A and assigns lawyer 【 】as the attorney to deal with Party As legal affairs;. The attorney assigned by Party B should take fu

12、ll responsibility toParty As legal affair stipulated in Article ;. Party B attorney should make the best efforts to maintain Party As benefit by making judgment based on the law;. Party B attorney must complete Party As legal affairs promptly after obtaining the materials provided by Party A;. The a

13、ttorney acting for the Party B shall not deal with another party in a transaction or a dispute, without the agreement of Party B, if the other partys interest conflicts with Party B;. The attorney acting for Party B has an obligation of not disclosing any trade secrets to a third party, unless agree

14、d by Party B or sanctioned by law;. Party B shall keep a record of Party As services; the record must have a complete log of Party As services, along with the original evidences, legal documents or any belongings which should be kept properly.Article retaining fee and work expense . The retaining fe

15、e is【 】 yuan;Methods of payment：【 】. Party A shall bear the cost incurred by the appointed lawyer of Party B during the course of business. The cost that shall be borne by Party A is included in the list, the list is not exhaustive and the cost that shall be bore is not restricted by the list. The l

16、ist consists of: The commission of survey, certification fee, translation fee, outstation expenses (food, travel and accommodation).Party B shall disburse the expenses upon agreeing with Party A.Methods of payment accepted: 【 】 .Article Termination of the contract. Contract may be terminated by mutu

17、al agreement after consultation;. If the contract is terminated before consultation:a. If Party Bs appointed lawyer is replaced arbitrarily without the agreement of Party A, Party A may terminate the contract if, by the result of the replacement, Party A suffers significant loss or drop in quality o

18、f work;b. If Party A suffers a loss because of Party Bs delay and dereliction of duty, Party A may terminate the contract;c. If Party A suffers an important loss in document that is caused by Party Bs negligence in security obligation and disadvantageous legal opinion, Party A may terminate the cont

19、ract;d. If Party A has not paid the agreed fee to Party B in the stipulated time and after Party B has served a notice to Party A regarding this matter, Party B may terminate the contract if Party A still does not pay within the time given in the notice.Article Liabilities for Breach of Contract . T

20、he Parties shall strictly abide by this Contract and shall not unilaterally terminate this Contract before the expiring date ofthis Contract; otherwise the defaulting party shall pay the non-defaulting party a penalty which is equal to the proportion of retaining fee for the remaining term of this C

21、ontract;. Party A shall be liable for any damage caused by Party As failure of providing the legal advisor with necessary information or materials concerned in time; . If Party A fails to pay the attorney fee on time, Party B shall have the right not to perform its obligations hereunder or to termin

22、ate this Contract；. If Party B, without proper reason, violates the agreement or does not fulfill its obligation under the contract, Party A may request Party B to return all or part of the retaining fees.Article Dispute solutionIn the event of a dispute, both parties must resolve the dispute in a f

23、riendly manner. If the dispute could not be resolved by mutual agreement, any parties may make an application to the Peoples court for the dispute to be heard.Article Activation of the ContractThe contract shall come in to force from the date of 【 】to the date of 【 】.Article There shall be two copie

24、s of the contract, one for each party, signed, sealed and delivered by both parties.Party A: Representatives signature: Address:Telephone:Date: _ year _ month _ dayParty B: Beijing YingKe Law Firm Representatives signature:Address: 6th Floor, Tower C, Dacheng International Center, No. 76, East 4th Ring Middle Road, Chaoyang District，Beijing, 100124 Telephone: 010-59626699Fax: 010-59626918Date: _ year _ month _ day7