RETAINER AGREEMENT
(2011)Shanghai XX Civil No.XX
This agreement is made between hereinafter referred to as “Client”, and , hereinafter referred to as “Law Firm”.
Client employs Law Firm to represent Client in the Case of in China between Client and .The two parties of Client and Law Firm hereby agree upon, and shall be bound by, the following articles:
Ⅰ Law Firm hereby appoints, Esq.and Esq., Attorney-at-law of
Ⅱ The scope of authority granted to Attorneys is special authorization, including but not limited to:
Participate in negotiations on behalf of Client;
Carry out investigation and obtain evidence, present evidence, appear in court and state the case;
File a lawsuit (including supplementary prosecution), response an action or withdraw a lawsuit;
Acknowledge, abandon or modify claims of lawsuit;
Mediate, reconcile, counterclaim or appeal;
Apply for and withdraw property preservation, evidence preservation and advanced execution;
Sign and receive the mediation decision and other relevant legal documents; Appoint subagent, apply execution and receive the subject matter of execution.
Ⅲ Attorneys must perform services with sincerity and responsibility, protect the
lawful rights and interests of Client and appear in court on time.Where Attorneys are unable to appear in court, Law Firm shall designate another lawyer to take over the duties based on prior consent of Client.
Ⅳ Client must report the details of the case accurately to Attorneys and pay retainer fee according to this Agreement.Client shall not terminate this agreement, otherwise the charges will not be returned, except in the case of Gro Negligence of Law Firm.When Law Firm finds that Client provides forged or false information after accepting the consignation, Law Firm may terminate the client-agent relationship and refund no retainer fee collected in accordance with this Agreement.
Ⅴ Client shall pay the retainer fee in the manner as follows: Client shall pay exact fifty thousand RMB as of the date of this agreement.If Client is the winning party, supplementary retainer fee shall be 10 percent of the sum won by Client in the lawsuit.If the lawsuit is closed by settlement, supplementary retainer fee shall be 10 percent of the received sum.
Ⅵ Client and Law Firm need to enter into separate agreement if any party requests to change any article of this Agreement.
Ⅶ This Agreement is effective from the date of signing to the date of closing this case in manners of judgment, mediation, abandonment, reconciliation of the lawsuit and so forth.
Note: This power of attorney is made in Chinese and English, both two versions have the same meaning.If any inconsistence exists, the Chinese version shall prevail.
Client:Law Firm: