Retainer Agreement
THIS AGREEMENT made by and between (hereinafter referred to as “Client”), an national, male, with a passport number: ,
and , a law firm having its registered office at , Shanghai,
P.R. China (hereinafter referred to as “Law Firm”) . Client and Law Firm will
hereinafter be separately referred to as Party and jointly referred to as Parties. WITNESSETH THAT:
Whereas, Law Firm is a Chinese legal services provider practicing Chinese law
within whole territory of People’s Republic of China.
Whereas, client is an investor of
CO.,LTD
And
Whereas, negotiation with have come to a halt due to contumely and feeling of superiority arising from his current controlling of the
said factory. After frustration of efforts of negotiation, to file a lawsuit against
them is the only choice now.
NOW THEREFORE, for and in consideration of the premises and the mutual
covenants herein contained, the Parties agree as follows:
Article 1: Attorney
As requested by Client, Law firm shall designate Attorney (also: , hereinafter referred to as attorney) as principal bearer to work for Client. If necessary, law firm may designate other attorneys under its employment as supplemental or substitute attorneys.
Article 2: Services by law firm
Attorney shall work as Agent Ad Litem to represent Client to carry out all the works for the whole proceedings of the said lawsuit in a competent county or district court.
Attorney’s works include but not limited to the works as follows:
●Collecting necessary evidence and submitting them to court;
●Filing the case with competent court;
●Appearing before the court ,arguing with the defendant or their agent;
●Receiving and sign legal documents on client’s behalf;
●Other necessary works for the proper progress and completion of the
lawsuit.
Article 3: Duration
This Agreement shall be effective upon the completion of the following:
a)Duly execution of this agreement by two parties;
b)Payment of attorney’s fee provided by Article 4.
This Agreement will become unbinding at the date on which this agreement is legally terminated by one party, or the said case is legally terminated in such manners as getting Judicial Statements of Conciliation or Judgement or being revoked.
Article 4: Attorney's fee
Attorney’s fee under this agreement is lump sum of RMB which shall be
paid within 7 days after execution of this agreement.
Article 5: Costs and Expenses
Client and Law Firm agree that travel expenses and any other costs and expenses arising from performance of this agreement shall be borne by Client. Such expenses as highway toll, petrol cost, board and lodging are inherent part of travel expenses.
Article 6: Responsibilities of law firm
Law firm shall provide legal services in good faith.
Whether during or after the termination of this Agreement, law firm shall not disclose to any third party(s) any private information concerning client obtained by law firm through providing legal services for client.
Article 7: Responsibilities of client
It is client’s responsibility to cooperate fully with Law firm by, among other things, providing law firm with all requested evidence, information and making client or the representative of client reasonably available for consultation or interviews upon request. The information provided by client should be correct and complete; otherwise law firm will be exempted from any legal liabilities due to incorrect or incomplete information provided by client and will be entitled to terminate this agreement.
Article 8: Governing Law and Settlement
This Agreement shall be governed by law of the People’s Republic of China. Any unsettled matter or any dispute arising from or in connection with this Agreement shall be settled by amicable consultation or otherwise submitted to Shanghai International Arbitration Center for arbitration, whose award shall be final and binding upon both parties.
Article 9: Establishment
This Agreement is written in English and established with both parties’