False statement securities civil compensation case hired lawyer contract
Contract number: _________
Client: _________
Trustee:_________
Party A and _________, in the case of _________, entrusted Party B’s lawyers to represent litigation and litigation-related matters in accordance with the law. After full negotiation, the two parties have entered into the following provisions on an equal and voluntary basis:
1. Party B accepts the entrustment of Party A and assigns _________ and _________ lawyers to act as the agent of Party A in this case.
2. Party A must provide Party B's lawyers with all the transaction information for the purchase of _________ stocks and guarantee their authenticity. Party A's provision of false evidence and information leads to the outcome of the lawsuit that is not conducive to Party A. Party B does not assume any responsibility, and the fees charged in accordance with the contract are not refundable.
Third, Party B's lawyers should fully apply legal professional knowledge, in accordance with the law, seriously complete the various tasks in the agency activities of the case, appear in court on time, and safeguard the legitimate rights and interests of Party A according to law.
Party B’s lawyers should give a reply as soon as possible to Party A’s understanding of the progress of the case and the outcome of the case.
The money obtained by Party B’s lawyer in handling this case shall be promptly transferred to Party A, but the right to deduct the agreed fee and the expenses paid by Party B’s lawyer for Party A.
4. The agency permission of Party A to entrust Party B’s lawyers is:
1. Proceeding, submitting and signing legal documents and collecting relevant evidence on their behalf;
2. Acting on behalf of the litigant and accepting the litigation of the representative of the litigation;
3. Substituting, changing the defendant and third party;
4. Apply for withdrawal and accusation on behalf of the applicant;
5. Acting on behalf of the lawsuit, presenting facts and reasons, presenting evidence, cross-examination and debate;
6. On behalf of acknowledging, changing the litigation request, conducting reconciliation, mediation, filing a protest, applying for execution, and receiving the money returned from execution.
5. Party A agrees to pay the costs of litigation, notary fees, execution fees, etc. required by the State in accordance with the provisions of the State, and Party B shall collect and pay in accordance with the regulations. Party B will not collect any fees from Party A during the litigation and execution period. After the execution of the returned materials, Party A agrees that Party B will deduct 30% of the total amount from the executed funds as the compensation of Party B's lawyers.
6. If Party A terminates the entrusted matters unilaterally, Party B shall pay Party B 30% of the amount of the civil indictment request as liquidated damages.
7. Party A shall carefully read the “risk tips” of Article 11 of this contract and fully predict the various risks that may arise. Party B shall not bear legal responsibility for the risk arising from the inability to be accountable to Party B.
8. Party A's request for confidential information, in addition to the objective needs of the case, Party B's lawyers should seriously fulfill their confidentiality obligations.
9. If there is a dispute in the performance of this contract, the two parties shall negotiate and resolve on the basis of mutual respect, understanding and trust; when the negotiation fails, the arbitral award shall be decided by the _________ Arbitration Commission.
X. The validity period of this contract shall be from the date of signing to the end of the execution of the case.
XI, risk tips
1. There is a normal risk in securities trading, and the loss of the risk may not be supported by the court.
2. The determination of the loss in this case involves the disclosure time and correction time of the _________ false statement. At present, there is a dispute in the legal profession of the date. The calculation of the loss based on the false statement disclosure date or the false statement correction date is subject to final judgment by the court.
3. The Stock Exchange calculates the loss within the scope permitted by law in accordance with the method that is most beneficial to the principal. The amount of damages ultimately supported by the court may differ from the calculated amount.
4. The court tried the principle of “emphasizing mediation and encouraging reconciliation” in the trial of civil claims for false statements. In the process of mediation or settlement, in order for investors to get compensation as soon as possible, it may be necessary to make appropriate concessions on the amount of damages.
5. False statement securities civil compensation case is a new type of lawsuit case, and involves a large number of people. It may require more communication and communication in litigation and execution. Therefore, the case may not be heard or executed within the stipulated time.
6. Other unforeseen risks may also arise, as indicated here.
12. This contract is a form of _________, which shall become effective after being signed or sealed by both parties.
person A person B:_________
Representative: _________ Representative: _________
Address: _________ Address: _________
Phone: _________ Phone: _________
Fax: _________ Fax: _________
_________Year ____________________________________________________________________________________________________________________________________________________________________________________________________________
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