1970-01-01 08:33:29
, a company having its registered office at (hereinafter referred to as “the Client”) proposes to retain and authorize Shanghai Promise Law Firm, a law firm having its registered office at Suite 808,Zhangyang Road 707, Shanghai ,P.R.China (hereinafter referred to as “Promise”) to provide services in relation to debt-recovery against Jiangmen Wealform Timber Development Co. Ltd. This Agreement is hereby entered into by and between the Client and Promise through consultation.
The Client and Promise agree as follows:
Article 1: Attorneys
As requested by the Client, Promise shall designate Attorney to act as the attorneys on behalf of the Client. If necessary, Promise may designate other attorneys under its employment as supplemental or substitute attorneys.
Article 2: Services to be provided by Promise
Promise shall render legal assistance and advice to the Client in the collection of the outstanding account owing to the Client by Jiangmen Wealform Timber Development Co. Ltd.
Article 3: Fees for Services Performed.
At the Client’s request Promise agree to handle this matter on a contingency fee basis rather than charging the Client Promise's standard hourly billing rate of U.S. $250.00. The fees for the time of attorneys will consist of percent ( %) of the gross dollar amount (including the value of non-monetary compensation) recovered and collected by the Client if the claim is settled prior to the initiation of a lawsuit. The initiation of a lawsuit shall be completely within the unfettered discretion of Promise and Promise shall be under no obligation to file a lawsuit in this matter.
From time-to-time Promise may split this fee with other law firms and/or debt recovery agencies when Promise deems it necessary or helpful to obtain the legal assistance of other law firms and/or debt recovery agencies. Promise will not charge the Client additional fees for other attorney legal services without the Client’s prior authorization.
The foregoing rates are not set by law, but are the subject of agreement between the Client and Promise.
This agreement covers only the collection and enforcement of the account in the referenced matter. If any party raises unrelated matter or issues or otherwise seeks relief that is not truly in defense of the enforcement of the existing claim or files an appeal, the contingency fee will not apply to the additional work occasioned thereby and further discussion regarding compensation will be necessary.
Promise shall not settle the Client’s claim for less than seventy-five percent (75%) of the principal amount of the claim without the Client’s approval. Due to the nature of a contingency fee arrangement, the Client shall not enter into any settlement without Promise’s written consent if the settlement involves either:
(a) Substantial non-monetary considerations,
(b) Participation in business ventures of any of the defendants (or their related entities), or
(c) Any other settlement involving a payment of monies to the Client over a period of time in excess of two years. The Client grant to Promise a lien against any recoveries by the Client or on behalf of the Client in this action by way of settlement or judgment for any and all amounts owing to Promise under this agreement.
Article 4 Funds.
All funds received by Promise on behalf of the Client may be held in Promise’s account established in
Article 5: Termination of Services.
The Client have the right at any time to terminate Promise 's services upon written notice to Promise, and Promise shall immediately, after receiving such notice, cease to render additional services to Promise. Should the Client elect to exercise such right, Promise shall cooperate with the Client in facilitating the orderly transfer of its files and records to the Client or to the Client’s new attorneys. Such termination shall not, however, relieve the Client of the obligation to pay the fees due for all services rendered, plus the costs arising in connection with any transfer of files to the Client or to other counsel including the cost of copying the file.
If at any time during the pendency of this matter it appears to Promise that the claim in question is without merit or that it would otherwise not be to our mutual benefit for Promise to continue its representation of the Client in this matter, Promise may withdraw from representation of the Client after giving reasonable notice to the Client. If Promise withdraws pursuant to the provisions of this paragraph, Promise shall forfeit any and all claims for further compensation pursuant to the provisions of this agreement.
Article 6 Responsibility of the Client.
It is the Client’s responsibility to cooperate fully with Promise by, among other things, providing Promise with all requested information and making the Client and the representatives of the Client reasonably available for consultation and interviews upon request and to pay the Firm's invoices.
Article 7: Confidentiality
Whether during or after the termination of this Agreement, Promise shall not disclose to any third party(s) any information concerning the Client’s business operation obtained by Promise through providing legal service for the Client, such as operation model, customer information, commercial information or any other kind of information.
Article 8: Governing Law and Settlement
This Agreement shall be governed by Laws of the People’s Republic of
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For: |
For: |
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(Signature) |
(Signature) |
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Authorized Representative: | |
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Contact Address: |
Contact Address： |
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Tel: ______________________ |
Tel: +86 021-68879992 |
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Fax: _____________________ |
Fax: +86 021-68879993 |
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Date of Signature: |
Date of Signature: |