Civil litigation is a common form of litigation. The parties usually hire lawyers to help them understand relevant legal knowledge and handle related matters on their behalf. Today the editor wants to talk to you about how to write a civil litigation lawyer service contract? If you are interested, please follow the editor and read on. Civil litigation is a common form of litigation. The parties usually hire lawyers to help them understand relevant legal knowledge and handle related matters on their behalf. Today the editor wants to talk to you about how to write a civil litigation lawyer service contract? If you are interested, please follow the editor and read on.
1. How to write a civil litigation lawyer service contract? Template: Party A: ID card: Contact number: (hereinafter referred to as the client) Party B: Law firm (hereinafter referred to as the client) The client is related to In a dispute case, in accordance with the provisions of the "Contract Law of the People's Republic of China" and the "Lawyers Law of the People's Republic of China" and other relevant laws, Party B's lawyer is hired as the litigation agent. Party A and Party B shall, in accordance with the principle of good faith, Both parties reached consensus and reached the following agreement: Article 1: Agency Matters Party B accepts Party A’s entrustment and appoints a lawyer to serve as Party A’s first and second instance litigation agent in this case. Article 2 Agency Authority The specific agency authority shall be subject to the "Power of Attorney" issued by Party A, which shall be an integral attachment to this contract. Article 3 Obligations of Party B 1. Party B appoints a lawyer to act as Party A’s agent for the first and second instance in this case. Party A agrees that the above-mentioned lawyer will appoint other business assistants to cooperate in completing the auxiliary work, but Party B’s change of attorney should be approved by Party A; 2. Party B's lawyers shall diligently and responsibly complete the entrusted matters listed in Article 1; 3. Party B's lawyers shall use their judgment based on the law to warn Party A of legal risks and do their best to protect Party A's interests; 4. Party B's lawyers shall According to the requirements of the trial authority, evidence should be submitted in a timely manner, appear in court on time, and report the progress of the case at the request of Party A; 5. Party B's lawyers shall not violate the "Rules for the Practice of Lawyers". In adversarial cases involving Party A, Party B shall Agree, and shall not simultaneously serve as an agent of another party that has a legal conflict of interest with Party A; 6. Party B’s lawyer shall be responsible for keeping Party A’s business secrets and personal privacy that he has learned, unless required by law or Party A’s consent. , shall not be disclosed to any third party; 7. Party B shall keep separate files for Party A’s business, keep complete work records, and properly keep original evidence, legal documents and property involving Party A. Article 4 Party A’s Obligations 1. Party A shall describe the case to Party B’s lawyer truthfully, thoroughly and promptly, provide evidence, documents and other factual materials related to the entrusted agency matters, and be responsible for the authenticity and legality of the evidence and materials. ; 2. Party A shall actively and proactively cooperate with the work of Party B's lawyers, and Party A's requirements for Party B's lawyers shall be clear and reasonable; 3. Party A shall pay Party B's attorney fees and work expenses on time and in full; 4. Party A has the responsibility to make independent judgments and decisions on entrusted matters. Any losses caused by Party A’s decisions based on the legal opinions, suggestions, and plans provided by Party B’s lawyers, if not caused by the major fault of Party B’s lawyers, will be borne by Party A. The party shall be responsible for this. 5. If Party A does not need or cannot continue to perform this contract due to mediation, reconciliation, withdrawal of litigation, etc., Party B shall be deemed to have fully performed its obligations under this contract. Party A shall pay the agency fee in full in accordance with the provisions of this contract, but Unless otherwise provided in this contract or otherwise agreed by both parties.
Article 5 Lawyer's Agency Fees 1. After negotiation between the two parties, Party A agrees to pay the lawyer's agency fees in the following manner: (1) The agency fee is (2) Party A's first one-time payment of 10,000 yuan in agency fees to Party B; (3) The remaining The agency fee will be collected in one lump sum after the case is concluded. 2. Party B’s bank: Bank of China Account opening bank: Bank of China branch account number: Name: Law firm contact number: Article 6 Work expenses Party B’s lawyer handles the following work that occurs when Party A entrusts agency matters Expenses shall be borne by Party A: 1. Fees charged by relevant administrative, judicial, appraisal, notarization and other departments; 2. Travel expenses, food and accommodation expenses outside Guiyang; 3. Other expenses incurred with the consent of Party A. Party A shall reimburse the above-mentioned work expenses in accordance with Party B's lawyer's actual reimbursement method. The reimbursement shall be based on the official invoice of the relevant department. Party B's lawyer shall reasonably use the work expenses based on the principle of frugality. Article 7 Modification and termination of the contract (1) Party A and Party B may modify or terminate this contract after negotiation and agreement; (2) After the signing of this contract, if the case is subject to additional litigation/arbitration claims, or one of the parties files a counterclaim, counterclaim, etc. When major litigation events lead to a significant increase in agency matters, Party B has the right to request an increase in attorney fees. The attorney fees for the additional portion shall be determined through negotiation between Party A and Party B. Otherwise, Party B will only work within the scope of the original entrustment. (3) If Party B has any of the following circumstances, Party A has the right to terminate the contract: 1. Changing attorneys without Party A’s consent; 2. Party A’s legitimate rights and interests are damaged due to Party B’s attorney’s fault; 3. Party B Or Party B’s lawyer’s behavior violates laws, regulations or lawyers’ professional standards. (4) If Party A has any of the following circumstances, Party B has the right to terminate the contract: 1. Party A’s entrustment violates the law or lawyers’ professional standards; 2. Party A fabricates facts, forges evidence, or conceals important circumstances, etc. 3. Party A fails to pay attorney fees or work expenses to Party B ten working days overdue. Article 8 Liability for breach of contract (1) If Party B fails to provide legal services as stipulated in Article 1 without justifiable reasons, Party A has the right to require Party B to refund part or all of the legal fees paid. (2) If Party B's lawyer causes losses to Party A due to delays in work, dereliction of duty, mistakes, or violation of obligations stipulated in Article 3, Party B shall be liable for compensation to Party A within the scope of the insured practice insurance. (3) If Party A fails to pay agency fees or work expenses without justifiable reasons, or terminates the contract without reason, Party B has the right to require Party A to pay unpaid agency fees, unreimbursed work expenses and interest on deferred payment. (4) Party A shall not require Party B to refund fees for the following unjustified reasons: 1. Party A unilaterally entrusts lawyers from other law firms to represent them; 2. After Party B completes the entrustment, Party A claims that Party B’s fees are too high. Party A requires a refund; 3. Party A terminates the contract without reason due to other reasons not caused by Party B or Party B’s lawyer. Article 9 Settlement of Disputes If a dispute arises between Party A and Party B, it shall be resolved through friendly negotiation. If negotiation fails, litigation may be initiated in accordance with the law. Article 10 Effectiveness of the Contract 1. This contract is in duplicate, with each party holding one copy. It will take effect after being signed or stamped with official seals by representatives of both parties, and will terminate when Party B's lawyer completes the entrustment or both parties terminate this contract. 2. Completion of the entrusted matters refers to Party B’s representation of the case until the end of the trial of the case (including judgment, mediation, ruling, ruling, settlement and withdrawal of lawsuits, etc.) or the completion and termination of the agency matters specifically agreed in this contract. Article 11 Notices and Delivery 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 sent to the address listed on the signature page of this contract. If one party changes its address, it shall notify the other party in writing. If by fax, it will be deemed delivered when the fax reaches the other party; if by mail, it will be deemed delivered on the date of registered signature.
2. Things to note: (1) You can choose a professional law firm and professional lawyer that are consistent with or similar to the matter you want to entrust; (2) You must fully understand the qualifications of the law firm and the lawyer handling it, Basic information such as service standards and contact information; (3) Check the lawyer's "Law Practice Certificate" and the "Law Firm Practice License" of the law firm where he works. For example, in Beijing, you can log in to the "Firm Query" and "Lawyer Query" columns of Capital Lawyers Network to check the qualifications of law firms and lawyers. Regarding the civil litigation lawyer service contract, a sample text has been provided above for your reference. Choosing a good lawyer is very important for the client, so everyone must have a comprehensive understanding of his qualifications, abilities and other factors. If you have any questions, you can consult online at any time on our website. We have professional lawyers to serve you.