RETAINER AGREEMENT
上海涉外律师 Attorney Shanghai China
Party A:
Address:
Telephone:
Fax:
Address:
Party B:
Telephone:
Fax:
Address:
The ________ company (hereinafter referred to as the Party A) authorizes 金博大（上海）律师事务所 pinyin as jin bo da (shanghai) lv shi shi wu suo (hereinafter referred to as the Party B) to handle legal affairs on the behalf of the party A. The following clauses, concluded after negotiation between the two parties, should be jointly observed.
Article 1 The contents of the legal affairs are confined as: ___________________。
Article 2 The Party B accepts the authorization of the Party A and assigns lawyer__ __and ______as the attorneys to deal with the Patty B’s legal affairs. The limits of authority authorized by the Party A to the Party B shall be limited within: ____
Article 3 The attorneys assigned by the Party B shall safeguard the legal right and interests of the Party A conscientiously, and the attorneys shall act in accordance with the relevant laws when he deals with the legal affairs on the behalf of the Party A. where the assigned attorneys can not perform his duties for objective reasons, the Party B shall assign other attorneys to continue the affairs handled by the former attorneys.
Article 4 The party A shall make a earnest statement of the fact and provide relevant evidences, documents and other factual basis to the Party B, and the party A shall be responsible for the truthfulness of the proofs. Where the Party A makes up a story or fabricates evidences after the authorization, the Party B may terminate the agency contract without returning the counsel fees collected in accordance with the contract.
Article 6 In accordance with the provisions of the charging standards and measures for the implementation of the administration of charging counsel fees, the two parties agrees that the Party A shall pay the Party B￥(RMB)：____Yuan (amount in words ) as the counsel fees, and such counsel fees shall be paid within three days after the contract is signed.
Article 7The party A shall pay the Party B additionally expenses and costs including but not limited to, fees fixed by law or assessed by courts or other agencies, court reporter’s fees, long distance telephone calls, messenger and other delivery fees, postage, in-office photocopying, parking, mileage, investigation expenses, consultants’ fees, expert witness fees and other similar items. Party A authorizes Party B to incur all reasonable costs and to hire any consultants or expert witnesses reasonably necessary in Party B’ judgment.
Article 8 Party A agrees to assist the Attorneys assigned by Party B with this matter by:
(A) Providing complete information, including information that will assist the Attorneys to investigate this matter;
(B) Maintaining regular contact with Attorneys as is necessary for the conduct of the case;
(C) Attending and being on time for all appointments and court dates if required and notified;
(D) Promptly notifying Attorneys when other people contact Party A about the case; and
(E) Helping to locate persons who may provide information about this case.
(F) Party A shall preserve attorney-client confidentiality. Party A shall not copy or disclose confidential Attorney-Client communication and work product to anyone else without permission of the Party B.
Article 9 Party B agrees that
(A) Keep the Party A informed about the status of Party A’s case;
(B) Keep all sensitive information provided by Party A confidential unless authorized by the Party A to disclose it (except that information may be shared with other attorneys who are working on the case or assisting with representation);
(C) Consult with the Party A before making any significant decisions about the case.
Article 10 The Party B may terminate the agency contract without returning the attorney fees collected in accordance with the contract for good cause or with the Party A Client consent. Good cause includes Party A’s failure to pay fees as provided by this Agreement, any other breach of this Agreement, refusal to cooperate or to follow Party B ‘s attorneys advice on a material matter, and any fact or circumstance that would render Party B's continuing representation unlawful or unethical. When Party B's services conclude, all unpaid charges will immediately become due and payable.
Article 11 the period of validity of this agreement starts on the date it is signed and expires with the termination of the commission (including reconciliation, withdrawal, revocation, court decision or mediation etc.).Party B does not agree to represent Client in any appeal, to collect any money judgment, or to enforce any order obtained in this matter. The parties may agree at a later time to extend representation to another matter. Any such extension will be the subject of a separate written agreement between the parties.
Article 12 the contract is in triplicate and Party A takes one copy and the Party B takes two. All the three copies are of the same legal force.
Article 13 any dispute arises during the execution of the agreement, both parties will settle them by friendly negotiation, if not settled by mutual agreement, shall be finally settled by arbitration in Shanghai by CIETAC.
Article 14 the laws of the People’s Republic of China shall govern this agreement and any disputes related with the agreements.
Article 15 Other miscellaneous items uncovered in this agreement will be negotiated by both parties and sign appendix agreement.
Party A:
Party B:
Dated:
涉外诉讼
