This document, agreement or retainer agreement (hereinafter
“Agreement”) is made between
Tianjin Bozhuan Law Firm (hereafter referred to as “Attorney”)
¬¬ (hereafter referred to as “Client”)
. Pursuant to the terms and conditions of this agreement, Tianjin Bozhuan Law Firm (“Attorney”) will provide legal services to you, the client (“Client”), as specifically referenced below, pursuant to the terms and conditions set forth herein. This agreement, including all attachments, is confidential and is legally privileged.
This agreement will not take effect until the original fully signed and dated agreement is delivered to us together with payment of the initial retainer deposit, if any, as indicated below. However, the attorney may set out to provide the legal service on an urgent basis.
2. SCOPE OF SERVICES: You are retaining us as your attorneys to represent you in the following matter (to be completed by lawyer):
Take legal proceedings against Tianjn XX Co.ltd for and on behalf of the client, pertaining to disputes resolution arising from goods purchasing contract, including:
a) Provide legal advice
b) Do the legal research.
c) Report to the public security bureau if it turns out to be a criminal case.
d) File a lawsuit if it turns out to be a commercial case and can’t be resolved by mutual negotiation.
e) Compiling the documents to be presented to the court in a lawsuit.
f) Drawing up the legal documents as necessary in a lawsuit.
g) Representing the client in the court hearing.
h) Other legal service relating to the lawsuit.
We will provide those legal services reasonably required to
represent you. We will take reasonable steps to keep you informed of the progress of the matter, and to reasonably respond to your inquiries. If a court action is filed, and subject to the terms and conditions set forth herein, we will represent you until a settlement or judgment is reached. Furthermore, we may associate with other attorneys and/or delegate to other attorneys or third-party for some or all of the attorney services to be provided to client. Any such delegation will not increase or otherwise affect client’s obligation to pay attorney fees as provided for in this agreement.
Legal services that are excluded under this agreement include, but are not limited to, the following: independent or related matters that may arise. This agreement also does not include defending client against, or representing client in any claims that may be asserted against client as a cross-claim or counter-claim in client’s case. This agreement does not apply to any other legal matters. If any such matters arise later, attorney and client will either negotiate a separate agreement if client and Attorney agree that Attorney will perform such additional legal work or client will engage separate counsel with respect to the additional legal work. Absent a separate retainer agreement, it is understood and agreed that we are not obligated to do any of the following: initiate or oppose any motion for a new trial, initiate or oppose any other post-trial motions on your behalf, represent you on an appeal and/or represent you in any proceedings designed to execute on the judgment. Unless we enter into a different agreement with you, in writing, this agreement will govern all services we may perform for you.
3. CLIENT’S DUTIES: You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this agreement, to pay our bills for costs (if any) on time, and to keep us informed of your current address, telephone number and whereabouts. You agree to appear, if we so request, for all meetings and hearings including but not limited to all depositions and court appearances, and to generally cooperate fully with us in all matters related to the preparation and presentation of your claim. You understand that your failure to comply with any of the terms and conditions of this agreement may be detrimental to the outcome of your case and grounds for Attorney to unilaterally cancel this agreement without notice to you.
4. DEPOSIT: You agree to pay an initial deposit of $0.00, to be returned with this signed agreement. Regardless of whether or not an initial deposit is required and/or if your deposit is exhausted, we reserve the right to demand further deposits as we unilaterally deem needed and/or prior to or after actual expended costs. Once a litigation related date is set, including but not limited to arbitration, mediation and trial, at our sole discretion, we may require you to pay all sums then owing to us and, to deposit further funds including, but not limited to, the costs we estimate will be incurred in preparing for and completing the event, as well as the reporter, jury, arbitration or mediation fees likely to be assessed.
Those sums may exceed the maximum deposit. If requested, you agree to pay all deposits or advances required under this agreement within 10 days of our demand. Any unused and unearned deposit at the conclusion of our services will be refunded.
5. LEGAL FEES, COSTS, AND BILLING PRACTICES:
5.1 The first part of Attorney Fees (270USD) will be paid upon this agreement.
5.2 The second part of Attorney Fees shall be paid in a contingency matter if a recovery is obtained for you. If no recovery is obtained, then no additional attorney fees will be charged. The attorney fees to be paid to us will be a percentage(10%) of the gross recovery, depending on the stage at which the settlement or judgment is reached (the term “gross recovery” means the total of all amounts received [compensatory, special, general, and punitive damages] or equivalent goods by settlement, mediation, arbitration, judgment or otherwise). If part or all of the recovery is to be deferred, such as in the case of an annuity, structured settlement or periodic payments, attorneys fees may, at the election of the attorneys, be computed on the present lump-sum value or payment plus, the present value, as of the time of settlement, arbitration, mediation, judgment or other case resolution, of the payments to be received thereafter. The same interest rates used by client’s attorneys or economist in making the settlement, judgment or award will be used. The rates set forth herein are not set by law, but are negotiable between an attorney and client.
6. APPROVAL NECESSARY FOR SETTLEMENT:
We are authorized by you to make any settlement or compromise of any nature of any claim without your prior approval.
You agree that while this agreement is in force and effect, you waive any rights and authority to independently make any settlement or compromise of any nature without written approval by attorney. Should you independently settle or compromise your claim contrary to the terms of this agreement, out of the gross amount, we are entitled to receive directly from the payer, the full payment of fees, costs and expenses, as set forth more fully herein. As indicated herein, you also grant us a legal and equitable attorney lien relative to said
payments and reimbursements.
7. LIMITATION OF REPRESENTATION:
We are representing you only on the matter relating to the claim against the said company for recovery of payment or delivery of goods. The Client hereby authorize the attorney the full representation of the client to resolve the case, including but not limited to:
Proposing, variation, and addition of a claim, reconciliation, counterclaim or appeal to a higher court, during the legal service as described in Clause 2 of this agreement.
The representation will be terminated upon one of the following:
a) a settlement, reconciliation or agreement is concluded.
b) The case is registered as a criminal one by the police, starting the criminal proceedings.
c) The law court make an adjunction.
d) An agreement regarding termination is reached between attorney and client
e) Terminated according to this agreement or the laws of China.
8. DISCHARGE AND WITHDRAWAL:
You may discharge us at any time and, we may withdraw as your attorney at any time, upon written notice. Upon either instance, we will immediately cease to render additional services. Such a discharge or withdrawal does not, however, relieve you of the obligation to pay any fees or costs incurred prior to such termination, and we have the right to recover from you the reasonable value of our legal services rendered from the effective date of this agreement to the date of discharge. We may withdraw from representation of you (a) with your consent (b) upon court approval, or (c) upon reasonable notice to you. All lien provisions set forth below are incorporated herein.
9. CONCLUSION OF SERVICES AND MAINTENANCE OF FILE:
When our services are terminated or conclude for any reason whatsoever, all unpaid fees and charges will immediately become due and payable. You authorize us to use any funds held in our trust or general business accounts as a deposit against unpaid fees and costs and to apply it to such unpaid balances. After our services are concluded, we will, upon your written request, make your original file reasonably available to you, along with any remaining funds or property of yours in our possession. Absent your written request, attorney agrees to maintain the case file in this matter in copied or digital scanned format, for a period of up to two(2) years after it is concluded either by settlement, mediation, arbitration, trial, appeal or dismissal. If attorney wishes to discard, destroy and/or recycle the file before the expiration of the two (2) year period, attorney shall provide reasonable written notice of not less than ten days to the client, and afford client an opportunity to retrieve the copies or scanned file.
You hereby grant us an express and implied legal and equitable lien for any monies owed to attorney, under the terms of this agreement and, on any and all claims or causes of action that are the subject of our representation under this agreement. Our lien will be for any sums owed to us for any unpaid balances including but not limited to those related to costs, attorneys’ fees (contingency or otherwise), and expenses. The lien will attach to your right to receive monies relative to the litigation and/or conclusion of this matter including but not limited to any monies you may be entitled to from arbitration awards, judgments, settlements, or otherwise. Said lien allows for our name to be included on all disbursements. A lien acts as security for payment due to attorney by client. This lien could delay payments to client until any disputes over the amount to be paid to Attorney are resolved. As indicated herein, client hereby grants Attorney a lien for any sums due and owing to attorney for fees and costs at the conclusion of Attorney’s services. The lien will attach to any and all real or personal property of client’s, including any recovery client may obtain, whether by arbitration award, judgment, settlement or otherwise, in this matter.
11. DISCLAIMER OF GUARANTY:
Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of this matter. We make no such promises or guarantees. There can be no assurance that you will recover any sum or sums in this matter. Our comments, if any, about the outcome of your matter are expressions of opinion only. We do promise to use our reasonable efforts to provide you with professional legal representation.
12. ATTORNEY’S AUTHORITY:
For your convenience and to assist attorney with its representation of you in connection with the matter covered by this agreement, you hereby give us full power, authority, and power of attorney to execute all pleadings, documents, claims, deposits, drafts, checks, releases, orders and contracts relative to this matter. You also provide us with express authority to communicate this authority to various third parties. If attorney is unable to reach client, client grants attorney authority to resolve client’s case as attorney sees fit within attorney’s judgment and which is in the best interest of the client.
13. MEDIATION AND ARBITRATION AGREEMENT REGARDING DISPUTES:
Any dispute between us arising out of or connected to our representation of you, including but not limited to all tort or contract causes of action, as well as claims based on claimed breach of contract, unjust enrichment, legal malpractice, breach of fiduciary duty, constructive fraud, negligent misrepresentation and fraud, shall be submitted to court trial at the district where our law firm is located.
14. ENTIRE AGREEMENT: This agreement contains the entire agreement of the parties. No other agreement, statement, or promise made before, during or subsequent to the effective date of this agreement will be binding on the parties unless in writing and signed by all parties.
15. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain if effect.
16. MODIFICATION BY SUBSEQUENT AGREEMENT:
This agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by all parties.
17. EFFECTIVE DATE:
The effective date of this agreement will be the date on which Attorney is in receipt of one copy of the agreement, executed by client. The attorney-client relationship will commence on
the effective date of this agreement. Attorney will not become
client’s attorney nor will Attorney perform any legal services on
behalf of client before the effective date of this agreement. The
date below is for reference only. A copy, facsimile or other
electronic reproduction of this agreement and/or signatures is deemed valid as originals.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TOTHEM, AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. THE CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT
Client: Tianjin Bozhuan Law Firm