英文法律顧問(wèn)合同

1、PAGE PAGE 4LEGAL SERVICES RETAINER AGREEMENTREAD THIS AGREEMENT CAREFULLY BEFORE SIGNING. Once signed, the parties to this Agreement will be bound by its terms and conditions. The parties are advised that they should make sure they understand the Agreement before signing. Because the practice of law

2、 can be complex, this Agreement cannot completely disclose every interpretation of legal concepts. By signing, the parties indicate that they agree to the terms of the Agreement.PARTIES TO THIS AGREEMENT: This Agreement is entered into by and between Huayuan Minxin Law Firm (hereinafter “Huayuan Min

3、xin”) and Fleet Street, Ltd. Suzhou Representative Office in China (hereinafter Client) on this 15th day of September, xx, Changshu, Jiangsu, China.Article 1 AttorneysAs requested by the Client, Huayuan Minxin shall designate Attorneys Mao Zhengjiang and Stanley Timesto act as the legal counsels of

4、the Client (hereinafter referred to as the “Legal Counsel”). If necessary, Huayuan Minxin may designate other attorneys under its employment as supplemental or substitute attorneys with prior written consent of the Client. Nothing contained herein shall be construed as creating the relationship of e

5、mployer and employee between Huayuan Minxin/Legal Counsel and the Client. Huayuan Minxin shall be deemed at any and all times to be an independent contractor. Article 2 Services to Be Provided by Huayuan MinxinAttorney will provide the following Legal Services to the Client:. Non-litigation affairsA

6、. Provide regular legal advice for the business operation and management of the Client:1. Answer questions on legal issues of the Client, and upon the Clients request issue “Legal Opinion Letter”.2. Provide legal advice on the issues relating to the production, operation and management of the Client

7、.3. In general, Law Firm shall response with answer to the Clients questions within 24 hours; as for complex and significant legal issues, Law Firm shall response with answer to the Clients questions within 60 hours.BProvide legal advice related to internal management.1. Attend the Clients internal

8、meetings and provide related legal suggestions if requested.2. Establish, modify or review the internal management system, labor contract, and relevant training contract and non-disclosure agreements for the Client;3. Offer written and oral initial legal opinion or advice on commercial plans or fina

9、ncing plans of the Client.C. Take part in the negotiations between the Client and its customers if requested:1. Participate in commercial negotiations upon the Clients request.2. Attend meetings with the Client or third parties on behalf of the Client.D. Draft, review or modify contracts and other l

10、egal documents in relation to the business operation and management of the Client.E. Provide legal training courses for the employees of the Client upon request; for this the Client shall give a 7 days prior notice to the Promise. F. Assist and arrange the Client to communicate with the relevant dep

11、artments of the government on the issues relating to the production, operation and management of the Client.G. Offer legal opinion or advice on the protection of intellectual property rights of the Client, including but not limited to patent right, trademark right, copyright, trade secret and franch

12、ise.H. Issue “Lawyers Letter” to third parties on the issues relating to the production, operation and management of the Client, and respond to Lawyers letters issued by third parties. Arbitration and/or litigation affairsA. Research the cases and elaborate the handling strategies.B. Draft relevant

13、legal documents for arbitration and/or litigation.C. Appear in court on behalf of the Client.It is agreed that the precise listing of Legal Services to be provided sometimes cannot be made. What Legal Services Attorney will provide will be determined by the usual business practices of the legal comm

14、unity of Suzhou, Jiangsu.Article 3 Term of this AgreementThis Agreement shall be effective from the date when it is duly executed by both parties and shall remain effective for one (1) year (hereinafter referred to as “Initial Period”). This Agreement will automatically expire on the last day of thi

15、s Initial Period without any further written notice. After the expiation of Initial Period, this Agreement can be renewed annually upon agreement between the parties. In any case, any extension of present Agreement will be subject to a separate new written agreement. Article 4 Fees for Services For

16、the Legal Services as listed in Part of Article 2 hereof, the Client shall pay Law Firm a total service fee ofTwenty ThousandRMB (￥20,000). The Client shall pay the Huayuan Minxin Five Thousand RMB(￥5,000) within on Sep.15, xxas down payment, pay Seven Thousand and five hundred RMB (￥7,500)on Oct. 1

17、5, xx, and pay Seven Thousand and five hundred RMB (￥7,500)RMBon Nov. 15, xx.The costs for arbitration and litigation affairs will be directly paid by the Client; while Huayuan Minxin shall give the Client 20% discounts on its customary charges for the Legal Services as listed in Part II of Article

18、2 hereof. Such Legal Services will be invoiced at the end of the month during which they have been performed and payable 15 days before the date of invoice.Article 5 Costs and ExpensesThe Client shall burden all “costs” and “expenses” in relationship to Attorneys legal services under this Agreement.

19、 Costs and expenses include, but are not limited to, long distance telephone charges, facsimile charges, court filing fees, deposition costs, expert fees and expenses, investigation costs, mileage charges, parking, messenger service fees, photocopying expenses, process server fees and any other rela

20、ted expenses incurred by Attorney to provide services to Client.Article 6 Duties of Huayuan MinxinHuayuan Minxin shall provide the Legal Services in good faith and undertakes to perform these matters with due professional care, in compliance with all relevant legal regulations, on professional level

21、 and within terms required by laws or agreed on in this Agreement or which the Parties shall agree upon individually, either verbally or in writing.Huayuan Minxin undertakes to perform the Legal Services, so that all interests and goals of the Client known to it are always taken into consideration a

22、nd are duly protected. Huayuan Minxin agrees to indemnify the Client for any claims arising out of Legal Counsels performance of services hereunder. Huayuan Minxin shall maintain professional malpractice insurance covering Legal Services performed under this Agreement. Whether during or after the te

23、rmination of this Agreement, Huayuan Minxin shall not disclose to any third party(s) any information concerning the Client s business operation obtained by Huayuan Minxin through providing Legal Services for the Client, such as operation model, customers information, commercial information or any ot

24、her kind of information.Article 7 Duties of the ClientIt is the Clients responsibility to cooperate fully with Huayuan Minxin by, among other things, providing Huayuan Minxin with all requested information and making the Client or the representatives of the Client reasonably available for consultati

25、on and interviews upon request. The information provided by the Client should be correct and complete; otherwise Huayuan Minxin will be exempted from any legal liabilities due to uncorrected or incomplete information provided by the Client and will be entitled to cancellation of the Agreement.Articl

26、e 8 Records RetentionUnless otherwise directed by the Client, Huayuan Minxin shall retain all records relating to the performance of the Legal services herein for a period of 10 years following the termination of this Agreement. Upon the request of the Client, Huayuan Minxin shall allow representati

27、ves or designees of the Client to review and/or audit said records at all reasonable times. Upon the request of the Client, after the expiration of the records retention period, Huayuan Minxin shall return all the files and records to the Client. Huayuan Minxin may destroy all records in whatever me

28、dia that are not returned at the expiration of the records retention period.Article 9 General ProvisionAny amendments or changes to this Agreement shall be made in writing upon previous agreement by both parties.If any term or provision of this Agreement, or any application of any term or provision

29、of this Agreement, is held to be unenforceable, the unenforceability of that term, provision or application shall not affect the enforceability of any other terms, provisions, or applications.This Agreement contains all the terms and conditions agreed upon by the parties. No understandings or otherwise regarding the subject matter of this Agreem