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2021-12-15 09:42:57
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Retainer Contract
Client:(hereinafter refered to as Client)
Domicile:
E-mail:
Post Code:
Phone: Fax:
Law Firm:Milo & Edward Law Firm (refered to as Law Firm)
Add: Suite 1501, China Shine Plaza, Linhexi Rd, Guangzhou, People's Republic of China
Attorney:Edward Shaw E-mail:stoneshaw@163.com
Post code:5100610
Phone:020-85236403 Fax:020-38478312
Pursuant to the PRC "Contract Law","Civil Procedure Law" and "Lawyers Law", Client retains Lawyer Edward Shaw of China-Spirit Law Firm as the entrusted attorney in the cases of disputes.
Client and Law Firm agree to enter into this contract under the following terms and conditions.
Article I. Commitment
Retained by Client, Law Firm shall appoint Lawyer Edward Shaw as Attorney to represent Client in the following case:
1.The opponent party:
2.main points of case:
3.Trial court: first and second
Article II. Power of Attorney(choose): see Power of Attorney
Normal
or:
Ad hoc(choose):
1.quit or modify the claim;
2.admit claim;
3.conduct counter claim;
4.conduct intermediation or compromise;
5.appeal;
6.apply for execution;
7.receive or transmit subject matter;
8.sign, deliver and receive legal documents
or:
refer to the Power of Attorney
Article III. Law Firm's Responsibility
1.Law Firm shall designate Lawyer Edward Shaw as Client's representative(Attorney), and Client shall admit Lawyer Edward Shaw assign by-work to his assistant;
2.Attorney shall work with his best diligence on the cases above mentioned;
3.Attorney shall make his best effort to protect Client��s interest;
4.In Client's case with antagonism, Attorney shall not represent the opposite Party's in any other synchronous cases, without Client��s admission;
5.Attorney shall manage to keep all commercial or personal information confidential, unless otherwise admitted or required by law.
Article IV. Client's Responsibility
1.Client shall give detail and punctual information, proof, documents and other materials and guarantee the genuineness and lawfulness thereof;
2.Client shall co-operate with Attorney actively and forwardly. Client's requirements shall be exact and reasonable;
3.Client shall pay attorney fee and other fees(if there is any) to the full amount and promptly;
4.Client appoints as the liaison. The liaison shall transmit Client's requirement, documents and other materials. In case the linkman changed, Attorney shall be informed that of;
5.Client shall make judgement and decision independently and shall bear lost incurred from decision upon Attorney��s legal opinion, advice or plan unless Attorney's legal opinion, advice or plan be conducted with serious flibbertigibbet .
Article V. Attorney Fee
Both Parties agree that Client shall pay RM as the first part of attorney fee no later than 1day from the date of Neil Jory's arrival in Guangzhou, and RMB as the second part of attorney fee on the date the related case is filed in Dongguan Court.
All fee payment shall be cleared when this contract expires or terminates.
Article VI Charges and Expenditure
The following charges and expenditure shall be borne by Client.
Charges by judicial authorities shall be borne by Client.
Article VII Termination
This contract can be modified or terminated when both Parties agree.
Client shall be entitled to terminate this contract in either of the following cases:
1.replacing another lawyer without Client's admission;
2.Attorney works with serious flibbertigibbet;
Law Firm shall be entitled to terminate this contract in any of the following cases:
1.The commitment violates the PRC law or lawyer��s ethic rules;
2.Client concocts or fake evidences or hide important facts;
3.Client fails to pay the Attorney fee or charges and expenditure mentioned in Article V and /or VI of this contract.
Article VIII Liabilities for Breach of Contract
Client reserves the right to be reimbursed all or part of the Attorney fee in case Law Firm fails to provide service mentioned in Article I of this contract.
Client's loss incurred from Attorney's malpractice shall be borne by Law Firm.
In case Client fails to pay Attorney fee or charges and expenses or terminate this contract without reasonable excuse, Law Firm reserves the right to get reimbursed of the unpaid attorney fee, charges and expenses and interests thus incurred.
Client shall never be reimbursed for the following reasons:
1.Client hires another lawyer from any other law firm without being agreed by Law Firm;
2.Client claims overcharge when the entrusted work gets accomplished ;
3.When Client is the accused, and Attorney has made preparation for trial, but the plaintiff quit his action;
4.Other cases without Attorney's or Law Firm's malpractice.
Article IX. Other terms
Article X. Dispute Settlement
The formation of this Contract, its validity, interpretation, execution and settlement of the disputes shall be governed by PRC "Contract Law", "Lawyers Law", "Civil Procedure Law" and "Arbitration Law"
In case dispute arises , both parties shall make effort to settle it through negotiation.. In case the negotiation fails, the dispute shall by Guangzhou Arbitration Committee with the existing rules. The conclusion of Guangzhou Arbitration Committee is final and binding to both Parties.
Article XI. Effectiveness of Contract
There are two Copies of this Contract in Chinese and English with equal effectiveness. This Contract shall come into effect as of the day of signature.
Article XII. Notice and Delivery
All notices, documents or material should be delivered to or through the address, fax, e-mail or linkman. If any or all of them changes, the other Party should be timely informed of.
Should the delivery be made through fax, e-mail, it shall be regarded delivered as of the time. Should the delivery be made through mail, it shall be regarded delivered as of the time of posting or stamping.
Client: Law Firm:
Signature: Signature:
Date: Date: