律师通用话术

The attorney commissioned the contract
Party A:
Party B:
Party A and Party B enter into this Contract on in accordance with the laws of the Federal Government and other relevant laws, regulations and relevant provisions of the judicial authorities.
Article 1 Entrusted matters
Party A entrusts Party B to provide legal services in the following item _________:
1. Civil litigation (including economy, intellectual property rights, and personal rights);
2. Criminal proceedings;
3. Non-litigation business (including reviewing, drafting legal documents, issuing legal opinions, participating in contract negotiation, mediation and arbitration);
4. Others (including infringement, debt recovery, investment and commercial investigation, etc.).
Article 2 Party B accepts the entrustment of Party A and appoints a lawyer to act as the legal counsel or agent of the object designated by Party A in the following item :
1. Contract;
2. Law;
3. Labor disputes;
4. Intellectual property rights;
5. Finance;
6. Tax;
7. Debt recovery;
8. Investment;
9. Real estate;
10. Others.
Article 3 The service content and service time limit of Party B's lawyer shall be conducted in accordance with the contents and time listed in the List of Entrust Items and the List of Consultant Units attached to this Contract. If it is necessary to add or change the content and time, both parties shall negotiate separately. Party B's lawyer shall, on the premise of completing the list of Entrustments and the List of consultants, try its best to complete the requirements of additional services or individual services proposed by Party A.
Article 4 The parties agree to pay attorney fees and other fees as follows:
1. The attorney's fees involved in this Contract shall be calculated in the following way: _________:
(1) Time to time charge. From the date of signing of this Contract to the date of termination of this Contract, the attorney's fee of _________ days / hour shall be US $ _________. From the date of signing this contract, Party B's lawyer shall start to charge hourly fees. When the accumulated hourly charges reach US $ _________, the hourly charges involved in this contract shall end. For the expenses entrusted by Party A or the increase of workload, the parties shall negotiate separately.
(2) Piecerate charges. From the date of signing this contract to the date of termination of this contract, Party B's single legal fees total US$50,000 . An initial payment of US$10,000 is required upon signing the contract, and the remaining legal fees will be paid after the contract is completed. The two parties will negotiate separately for any increase in the cost or workload entrusted by Party A.
2. Other expenses: The appraisal fee, notary fee, file inspection fee, translation fee, evaluation fee, registration fee, storage fee, typing and copying fee and other fees incurred by Party B's lawyer shall be paid by Party A in the process of handling the legal affairs to be entrusted by Party A. Party A shall, within 3 days after the occurrence of the fee, issue to Party B the relevant certificate and a written notice of paying the fee, otherwise, Party A shall be deemed to have failed to pay the fee. Due to the fault of Party B's lawyer, Party B shall bear the error expenses, and Party B shall refund the excess fees paid by Party A.
3. The above fees shall be paid by Party A to Party B, and Party B shall issue an invoice to Party A. In addition, Party B shall not charge other fees from Party A (unless otherwise stipulated by the court).
4. Party A shall directly pay the attorney fees and other fees payable to the law firm designated by Party B.
5. All expenses involved in this Contract shall be paid in accordance with Article 4. If Party A fails to pay the payment on time, Party B shall have the right to suspend the legal services and party A shall bear the consequences arising therefrom.
Article 5 If the matters entrusted by Party A are not completed, or the completion does not comply with the legal provisions and requirements, and Party A requests Party B to refund the attorney fee already collected, the parties shall negotiate the proportion and amount of the refund separately. If Party B has started the work and incurred a certain amount of fee, both parties shall, in accordance with the industry rules and the actual situation, decide whether the fee shall be included in the scope of attorney fee refund.
Article 6 This Contract shall come into force upon being signed and sealed by both parties and shall be terminated upon completion of the services agreed in hereof. If this Contract is to be terminated or rescinded in advance, both parties shall agree in writing. If the agreement fails, it shall refer to the provisions of this Contract. Within 90 days after the termination of the entrusted relationship or the termination of this Contract, Party B shall hand over the relevant business materials, files and communication records to Party A. If party A fails to fully hand over the above materials due to Party A, Party A shall bear the responsibility. The expenses incurred in the termination of the contract and the termination of the entrusted relationship shall be borne by both parties as agreement. If the contract is terminated or terminated due to Party A's fault, Party B shall have the right to charge additional fees caused by Party A's fault except for the fees charged by Party B. If it is caused by Party B's fault, party B shall refund the fees already collected, and Party B shall also bear the corresponding compensation liability. If both parties are at fault, the liability shall be shared according to the size of the fault. For factors such as industry norms and lawyers' faults, the size of liability and the mode of liability shall be determined according to the relevant provisions of laws.
Article 7 Both parties shall not unilaterally terminate this Contract under any of the following circumstances:
1. The purpose of the contract cannot be achieved due to force majeure;
2. Party B's handling lawyer is unable to perform legal services due to health reasons;
3. Other circumstances as agreed upon by both parties.
If any of the circumstances specified in the preceding paragraph prevents the purpose of the contract, either party shall have the right to propose to Party A to modify or terminate this Contract. The fees already collected will not be refunded, and the party who proposes to change or rescind the contract shall bear the relevant responsibilities.
Article 8 Party A shall cooperate with Party B to complete the legal services agreed herein and undertake corresponding obligations according to the following requirements:
1. Provide evidence, documents and relevant information related to the entrusted matters, truthfully state the facts related to the entrusted matters, and ensure the integrity, authenticity and legality of the evidence, documents and information provided;
2. If it is necessary to change the entrusted matters, entrusted authority or the name and position of Party B's lawyer agreed herein, it shall notify Party B in writing in advance, otherwise, all losses caused to Party B shall be borne by Party A;
3. Timely request reasonable assistance to Party B. If Party B fails to complete the legal services due to Party A, Party A shall be deemed to have abandoned the requirement for entrusting Party B with legal services to Party B, and Party B shall not bear any responsibility;
4. In a confrontational case involving Party A, Party A shall not terminate the entrustment relationship without the consent of Party B. If party A causes losses to Party B due to Party A's fault, party A shall bear the corresponding compensation liability;
5. The materials involving state secrets, trade secrets and personal privacy shall be kept confidential and shall not be used for any other purpose unrelated to this Contract;
6. Party B shall pay the attorney's fees and other fees in full and on time. Otherwise, Party A shall pay Party B a penalty of $ 5,000 per day for the amount of delayed payment.
Article 9 Party B shall comply with the following provisions:
1. Assign special personnel to coordinate the legal affairs entrusted by Party A, and complete the legal affairs entrusted by Party A diligently and responsibly;
2. The evidence, documents and relevant information provided by Party A shall be kept confidential and shall not be used for any other purpose unrelated to this Contract;
3. Complete the legal services within the agreed time limit;
4. In case of losses caused by the fault of Party B's lawyer, Party B shall bear the corresponding compensation liability;
5. In the adversarial cases involving Party A, the entrustment relationship shall not be terminated without party A's consent;
6. Without the consent of Party A, no designated lawyer shall be replaced;
7. If it fails to continue to provide legal services to Party A for reasonable reasons, it shall inform Party A in advance and explain the reasons.
Article 10 Any matters not covered herein shall be settled by both parties through negotiation separately. If this Contract needs to be modified or supplemented, a supplementary agreement shall be signed separately. The Supplementary Agreement is an integral part of this Contract and shall have the same legal effect as this Contract.
Article 11 Any modification or supplement to any provision of this Contract shall be made in writing upon mutual agreement of both parties, and shall be an integral part of this Contract. Any part modified or supplemented without mutual agreement of both parties cannot ｒｅｐｌａｃｅ the original meaning of the text.
Article 12 Any dispute arising from the performance of this Contract shall be settled through friendly negotiation. If no agreement is reached through negotiation, they may bring a lawsuit to the court according to law.
Article 13 For any litigation or arbitration of any dispute under this Contract, each party shall submit an application for arbitration or litigation to its common superior court or arbitration institution. The arbitral award is final and legally binding on both parties. During the litigation or arbitration, the rest of this Contract shall be performed except for the part submitted to arbitration or litigation.
Article 14 The validity period of this contract shall be from the date of signing to the date of completion of all legal services. If the legal services are not interrupted due to Party B and the interruption is not more than 1 month, this Contract shall still be valid.
Article 15 Upon expiration of this Contract, if both parties continue to entrust the contract, they may sign a supplementary agreement, which shall be regarded as a continuation of this Contract.
Article 16 During the performance of this Contract, party A and Party B shall strictly abide by national laws and regulations and industry norms, and cooperate with each other to jointly complete the entrusted matters. If either party violates laws and regulations or industry norms, it shall bear the corresponding legal liabilities.
Article 17 This contract is made in duplicate, with each party holding one copy and each copy having the same legal effect. This contract shall come into force upon being signed and sealed by both parties.
Firm
Attorney: Attorney (signature):
Date: 01/29/2024