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Beijing YingKe Law Firm CONTRACT ON RETAINING LEGAL COUNSEL
Party A: Addre: Telephone: Fax:
Party B: Beijing YingKe Law Firm
Addre: 6th Floor, Tower C, Dacheng International Center, No.76, East 4th Ring Middle Road, Chaoyang District，Beijing, 100124
Telephone: 010-59626699 Fax: 010-59626918
Party A would like to retain Party B as its legal counsel, according to “ Law on Legal Counsel of the People's Republic of China” The two parties through consultation hereby agree upon, and shall be bound by, the following terms: Article Ⅰ
Party A will designate 【
】, as the lawyer employed by B, to work as A's legal counsel.【
】 will provide legal aistance and protect A's interests vested by law.Article Ⅱ
Party B’s scope of responsibility
ⅰ.Answer questions on legal iues from Client and give opinions or any advice on such iues;ⅱ.Upon the client’s request, Party B shall participate in commercial
negotiations, in which Client is a party, and be concerned with drafting, modification, reviewing and examination of the legal documents such as contracts and agreements or preparing legal documents that is needed in the negotiations;ⅲ.Provide economic and legal information pertain to the busine operation of the client;ⅳ.Represent the client in the litigation of criminal, civil, economic and administrative cases;offer strategic legal advice in litigation and arbitration as a legal advisor, preventing or negating legal risk；
ⅴ.Help to set up and organize files of legal documents and alarm any legal risk;ⅵ.Render legal consultancy for busine operation and management of client;ⅶ.Participate in important economic activities of client, offering all follow up services if neceary;ⅷ.Provide legal documents such as legal opinion, lawyer’s advice, lawyer’s testimony and lawyer’s letter etc;
ⅸ.Credibility investigation upon request: investigation on the entity qualification, busine registration, legal status, true identity, background, status quo of busine operation and management and aets status of the cooperation partners and clients of client;ⅹ．Upon Client’s request, Party B should research, gather and explain any related law, rules, and regulations, and provide practical operational guidelines for the clients;xi.Party B may sign, send and deliver legal documents with the authority of the clients;xii.Other services after negotiation and agreement by the two parties.Article Ⅲ
Party A’s Obligations
ⅰ.Party A shall provide convenience to legal counsels appointed by Party B and specially appoint a person to keep regular contact with the counsels of Party B;
ⅱ.Party A shall offer chances to the counsels appointed by Party B for attending client’s busine meetings that are concerned in order that Party B can render better legal services;
ⅲ.Party A should comprehensively, objectively provide information, materials and/or documents regarding the legal affair to Party B within a reasonable time;ⅳ.Party A has the responsibility to make independent judgments and decisions.Party B shall not be responsible for any lo incurred by Party A that is not caused by the negligent advice of Party B.Article Ⅳ
Party B’s Obligations
ⅰ.The Party B accepts the authorization of the Party A and aigns lawyer 【
】as the attorney to deal with Party A’s legal affairs;ⅱ.The attorney aigned by Party B should take full responsibility to Party A’s legal affair stipulated in Article Ⅱ;ⅲ.Party B attorney should make the best efforts to maintain Party A’s benefit by making judgment based on the law;ⅳ.Party B attorney must complete Party A’s legal affairs promptly after obtaining the materials provided by Party A;
ⅴ.The attorney acting for the Party B shall not deal with another party in a transaction or a dispute, without the agreement of Party B, if the other party’s interest conflicts with Party B;ⅵ.The attorney acting for Party B has an obligation of not disclosing any trade secrets to a third party, unle agreed by Party B or sanctioned by law;ⅶ.Party B shall keep a record of Party A’s services;the record must have a complete log of Party A’s services, along with the original evidences, legal documents or any belongings which should be kept properly.Article Ⅴ
retaining fee and work expense ⅰ.The retaining fee is【
】 yuan;Methods of payment：【
】.ⅱ.Party A shall bear the cost incurred by the appointed lawyer of Party B during the course of busine.The cost that shall be borne by Party A is included in the list, the list is not exhaustive and the cost that shall be bore is not restricted by the list.The list consists of: The commiion of survey, certification fee, translation fee, outstation expenses(food, travel and accommodation).Party B shall disburse the expenses upon agreeing with Party A.Methods of payment accepted: 【
】.Article Ⅵ
Termination of the contract ⅰ.Contract may be terminated by mutual agreement after consultation;ⅱ.If the contract is terminated before consultation: a.If Party B’s appointed lawyer is replaced arbitrarily without the agreement of Party A, Party A may terminate the contract if, by the result of the replacement, Party A suffers significant lo or drop in quality of work;b.If Party A suffers a lo because of Party B’s delay and dereliction of duty, Party A may terminate the contract;c.If Party A suffers an important lo in document that is caused by Party B’s negligence in security obligation and disadvantageous legal opinion, Party A may terminate the contract;d.If Party A has not paid the agreed fee to Party B in the stipulated time and after Party B has served a notice to Party A regarding this matter, Party B may terminate the contract if Party A still does not pay within the time given in the notice.Article Ⅶ Liabilities for Breach of Contract
ⅰ.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;ⅱ.Party A shall be liable for any damage caused by Party A’s failure of providing the legal advisor with neceary information or materials concerned in time;
ⅲ.If Party A fails to pay the attorney fee on time, Party B shall have the right not to perform its obligations hereunder or to terminate this Contract； ⅳ.If Party B, without proper reason, violates the agreement or does not fulfill its obligation under the contract, Party A may request Party B to return all or part of the retaining fees.Article Ⅷ
Dispute solution
In the event of a dispute, both parties must resolve the dispute in a friendly manner.If the dispute could not be resolved by mutual agreement, any parties may make an application to the People’s court for the dispute to be heard.Article Ⅸ Activation of the Contract
The contract shall come in to force from the date of 【
】to the date of 【
】.Article Ⅹ
There shall be two copies of the contract, one for each party, signed, sealed and delivered by both parties.Party A:
Representative’s signature: Addre: Telephone: Date: ______ year _____ month _____ day
Party B: Beijing YingKe Law Firm Representative’s signature:
Addre: 6th Floor, Tower C, Dacheng International Center, No.76, East 4th Ring Middle Road, Chaoyang District，Beijing, 100124
Telephone: 010-59626699 Fax: 010-59626918 Date: ______ year _____ month ____ day
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