法律顾问合同英文范本

法律顾问合同英文范本

RETAINING CONTRACT

This retaining Contract ("Contract") dated as of is entered into by and between (“Client”) with legal address at and Shanghai Xincheng Law Firm (“Advisor”) with legal address at 8A, Wanzhong Mansion, West Yan’an Road, Shanghai, China. Client and Advisor shall hereinafter be referred to individually as the "Party" and collectively as the "Parties".

In accordance with the Law of Lawyers of the People’s Republic of China, Client engages Advisor as its annually retained legal advisor to deal with the legal affairs in its business operation and management. Advisor accepts the retaining and appoints Mr. Jiangao Zhao attorneys at law, as legal counsels of Advisor.

法律顾问合同英文范本

The Parties hereby agree as follows:

Article 1 Services Rendered by Advisor to Client

1. Answer questions on legal issues from Client and give opinions or advice on such issues;

2. Upon Client’s request, participate in commercial negotiations, i n which Client is a party, and be concerned with drafting, modification, reviewing and examination of the legal documents such as contracts and agreements or prepare legal documents needed in the negotiations;

3. Provide economic and legal information pertained to the business operation of Client;

4. Represent Client in the conciliation, arbitration or litigation of criminal, civil, economic and administrative cases; offer strategy and legal advice in the litigation and arbitration cases as legal advisor, preventing or disposing legal risk. Such Agency by Advisor shall be free so long as the aggregate object money in all the litigation and arbitration cases will not exceed RMB and rounds of court hearings;

5. Help to set up files of legal documents and alarming mechanism of legal risk;

6. Render legal consultancy for business operation and management of Client;

7. Participate in important economic activities of Client, offering all-time-follow-up services if necessary;

8. Provide legal documents such as legal opinion, lawyer’s advice, lawyer’s witness letter and lawyer’s letter etc;

9. Credibility investigation upon request: investigate 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;

10. In accordance with the requirement of Client, look for and introduce to Client joint-venture or cooperation partners or investors, and look for and introduce to Client business projects or provide such related information;

11. Establish and perfect the internal rules, regulations and running mechanism of Client;

12. (optional items)

Article 2 Obligations of Client

1. Client shall give convenience to the work of the legal counsels appointed by Advisor and specially appoint a person to keep regular contact with the counsels of Advisor;

2. Client shall offer chances to the counsels appointed by Advisor for attending Client’s business meetings concerned in order that Advisor can render better legal services;

3. Client shall faithfully furnish the counsels of Advisor with facts, evidences or clues of evidences;

4. Client shall pay Advisor a lump-sum retaining fee of RMB which is due and payable seven (7) days from the date when this Contract takes effect. Client shall also pay for all reasonable costs and expenses of travel, board and lodging etc. generated by the counsels of Advisor in dealing with legal affairs of Client, which are due and payable upon confirmation on the amount by Advisor and shall be paid to Advisor in time;

5. Advisor is entitled to charge Client attorney fees for Advisor’s agency in the arbitration and litigation cases other than those in Section 4 of Article 1 herein. A discount of 30% shall be given to such fees according to the Fee Schedule of Advisor and priority shall be given in dealing with such cases. If Client needs any other special services, other charge rate can be agreed upon by the Parties.

Article 3 Liabilities for Breach of Contract

1. The Parties shall strictly abide by this Contract and shall not unilaterally terminate this Contract before the expiring date of this 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 Contract. Advisor shall do its duty hereunder to safeguard the legitimate rights of Client. Advisor shall pay Client a penalty which is equal to 30% of the attorney fee regularly charged by Advisor for the service in which any default by Advisor occurs.;

2. Client shall be liable for any damage caused by Client’s failure of furnishing Advisor with authentic materials concerned in time;

3. If Client fails to pay the attorney fee on time, Advisor shall have the right not to perform its obligations hereunder or to terminate this Contract. In such event, Client shall make up the difference in attorney agency fees due to the preferential treatments offered in Section 4 of Article 1 and Section 5 of Article 2 herein. Furthermore, Client shall be liable for all other results caused by such default.

Article 4 Supplementary Agreements

The Parties can reach supplementary agreements in writing for any other matter concerned which is not included herein.

Article 5 Auto Extension

This Contract shall automatically be extended for a term of one (1) year except that Client expresses in writing that it will terminate this Contract as schedule within one (1) month before the expiring date hereof and the same shall apply for the following terms to come.

Article 6 Term of Contract

This Contract shall take effect on the date when the Parties have signed or stamped their business seals on this Contract. The term of this Contract shall be year(s) (from to )

Article 7 Execution of Contract

This Contract is executed in triplicate and each one shall be equally authentic. Each Party hereto shall hold one (1) counter part and the legal counsels appointed by Advisor shall hold one (1) counter part.

Client Advisor

Name: Name: Shanghai Xincheng Law Firm

Legal representative: Legal counsel(s) appointed:

Legal representative: Director Attorney

Add: Add: Suite8B, Wanzhong Mansion, 1303, West Yan’an Road, Shanghai, China

Tel: Tel: 86 21 62116500, 138********

Fax: Fax: 86 21 6211 0177

Postcode: Postcode: 200050

Date: Date: