ChV广东深和律师事务所
[Name_________]ChV广东深和律师事务所
[Address_________]ChV广东深和律师事务所
By fax to [Fax #_________]; phone [Phone #_________]ChV广东深和律师事务所
And by FedEx Priority OvernightChV广东深和律师事务所
And by email to [Email address _________]ChV广东深和律师事务所
And by U.S. Registered Mail Return Receipt RequestedChV广东深和律师事务所
Re: ClientChV广东深和律师事务所
Dear _________:ChV广东深和律师事务所
This office represents [Client_________]. It has come to our attention that you are building and operating stores having trade dress confusingly similar to the stores of our client. You have copied the following elements of our client's trade dress, among others: _________.ChV广东深和律师事务所
This letter is formal notice that your use is an infringement of our client's trade dress rights under Section 43（a） of the Lanham Act, 15 U.S.C. ?125（a）. Two Pesos, Inc. v. Taco Cabana, Inc., 60 U.S.L.W. 4762 （1992 WL 141119 （U.S.））. Our client also claims copyright in its store design, which copyright you have also infringed. We have reason to believe that your infringement is intentional and deliberate and that you are attempting to copy our client's business by copying its trade dress and store design.ChV广东深和律师事务所
Our client hereby demands that you immediately do the following:ChV广东深和律师事务所
Cease and desist building and operating stores having trade dress similar to [Client_________] stores;Cease and desist any and all other violations of the Lanham Act and the copyright laws; andChV广东深和律师事务所
Remove and destroy all elements of our client's trade dress and store design from your stores.ChV广东深和律师事务所
If you fail to comply with this demand, our client may seek relief in court for an injunction and damages. Judicial relief includes, but is not limited to: destruction of the infringing articles under 15 U.S.C. ?118; treble damages, your profits, any damages sustained by our client, court costs and attorneys fees under 15 U.S.C. ?117; injunction under 15 U.S.C. ?116;ChV广东深和律师事务所
injunction and damages under the copyright laws. Our clients reserves all rights it may have. Our client neither waives nor abandons its right by sending you this demand letter prior to filing suit.ChV广东深和律师事务所
Please confirm in writing to this office that you will comply with this letter within one week of its receipt.ChV广东深和律师事务所
Very truly yours,ChV广东深和律师事务所
[Lawyer _________]ChV广东深和律师事务所
cc: [Client_________]ChV广东深和律师事务所
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ChV广东深和律师事务所
范本五：SAMPLE ENGAGEMENT LETTERChV广东深和律师事务所
? Copyright 1999 by James W. Martin All rights reserved.ChV广东深和律师事务所
St. Petersburg, FloridaChV广东深和律师事务所
Note: This article is for background purposes only and is not intended as legal advice.ChV广东深和律师事务所
-------------------------------------------------------------------------------ChV广东深和律师事务所
[Letterhead]ChV广东深和律师事务所
[Date_________]ChV广东深和律师事务所
CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATIONChV广东深和律师事务所
[New client's name_________]ChV广东深和律师事务所
[Address_________]ChV广东深和律师事务所
Re: Legal RepresentationChV广东深和律师事务所
Dear _________:ChV广东深和律师事务所
This will confirm that you have retained me to represent your interest in connection with _________.ChV广东深和律师事务所
The scope of representation is as follows: _________.ChV广东深和律师事务所
You are going to furnish me copies of the following documents before I start working: _________.ChV广东深和律师事务所
I will begin work as soon as I receive a fee retainer of $_________ from you. The retainer will be deposited to my trust account and will be applied toward fees and costs as earned and incurred. As that retainer is used up, additional retainers will be billed to continue the work.ChV广东深和律师事务所
Fees are based on the amount of time spent at hourly rates of $_________ for me and $_________ for my paralegal. You will also pay for such costs as copies, postage, fax, long distance, recording, FedEx, courier, etc. Enclosed is my resume, which I gave you at the initial conference and which explains how I bill for my services. If you have any questions, please do not hesitate to call.ChV广东深和律师事务所
The range of fees for this work will vary with the amount of time it takes. I estimate that fees will be a minimum of $_________. [optional: It is not possible at this time to estimate how much more they may be, but I should know more once the suit is filed and the defendant is served and responds.]ChV广东深和律师事务所
Please note that the scope of my representation does not include advice or services regarding the following: accounting, tax, financial, business, management, and related non-legal matters and advice （I advise that you engage a CPA, tax attorney or business consultant to advise you regarding these matters）; title searches, surveys, inspections and other non-legal work relating to real estate （I advise that you engage a title insurance company, abstractor, surveyor or other licensed professional to provide you these services）; securities, labor, and other legal matters not handled by this firm （I advise that you engage a lawyer who specializes in these matters if you need such advice）. I would be happy to refer you to others who may provide you these services.ChV广东深和律师事务所
I appreciate your trust and confidence in asking me to assist you. I will endeavor to do my best for you at all times.ChV广东深和律师事务所
Very truly yours,ChV广东深和律师事务所
[Lawyer_________]ChV广东深和律师事务所
EnclosuresChV广东深和律师事务所
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ChV广东深和律师事务所
范本六：Sample Fax LetterChV广东深和律师事务所
[Letterhead]ChV广东深和律师事务所
NOTICE: This is privileged and confidential and intended only for the person named below. If you are not that person, then any use, dissemination, distribution or copying of this is strictly prohibited, and you are requested to notify us immediately by calling or faxing us collect at the numbers above.ChV广东深和律师事务所
No. of Pages _________ChV广东深和律师事务所
Date Sent _________________________ Time Sent _______________ Person Who Conf'd Receipt _________ChV广东深和律师事务所
[Date_________]ChV广东深和律师事务所
[Client_________]ChV广东深和律师事务所
[Address_________]ChV广东深和律师事务所
Re: [Client/Matter_________]ChV广东深和律师事务所
Dear _________:ChV广东深和律师事务所
[Body_________]ChV广东深和律师事务所
Very truly yours,ChV广东深和律师事务所
[Lawyer _________]ChV广东深和律师事务所
cc: [Client_________]ChV广东深和律师事务所涉外英文:个案法律意见书ChV广东深和律师事务所
TO: All foreign and domestic summer internsChV广东深和律师事务所
FROM: Director of LitigationChV广东深和律师事务所
RE: Theory of the Case MemorandumChV广东深和律师事务所
A theory of the case is a working hypothesis of how the law and facts will fit together to support the result sought by our client.ChV广东深和律师事务所
The statement of facts should include, in addition to a statement of those facts presently known, a statement of those facts that need to be developed.ChV广东深和律师事务所
The statement of law is a summary explanation of why specific legal authorities compel a decision in our client's favor on the basis of those facts.ChV广东深和律师事务所
Although it is to be stated in detailed and definite terms, the theory of the case is necessarily provisional, and may be revised and refined as fact development proceeds.ChV广东深和律师事务所
In writing the theory of the case memo, you must begin with one or more overarching statements of what we will ask the court to hold.ChV广东深和律师事务所
For example, in an age discrimination in employment case, an overarching statement of the plaintiff's case theory might be:ChV广东深和律师事务所
The defendant employer is liable under the Labor Act for damages, injunctive relief, and attorney's fees for having terminated our client because of his age.ChV广东深和律师事务所
Our client will make out a prima facie case based on the facts that he was in a protected age category at the time of his termination, was qualified to perform the job, was replaced by a younger person, and was terminated in a work force reduction that disproportionally impacted persons over 40 years old.ChV广东深和律师事务所
Defendant's effort to establish that our client was unqualified to perform the assigned work will fail to rebut the prima facie case.ChV广东深和律师事务所
Next, each element of the case theory must be identified.ChV广东深和律师事务所
Any legal principles that affect an element of the case theory must be briefly analyzed.ChV广东深和律师事务所
Known facts that support an element of the case theory must be stated and facts that need to be developed must be identified.ChV广东深和律师事务所
In the preceding age discrimination example, this analysis would be as follows:ChV广东深和律师事务所
1. Element: A showing of disparate impact alone establishes a prima facie case of age discrimination.ChV广东深和律师事务所
2. Analysis: In Feihong Group vs. Fort Motors （China）, Ltd., the Supreme People's Court held that disparate impact alone establishes a prima facie case of race discrimination, because it raises a permissive inference with regard to protected class. The same analysis should apply in age discrimination cases, because of congressional intent to create a protected class.ChV广东深和律师事务所
3. Known facts: 12 of 20 persons terminated in plaintiff's department were over 40 years old.ChV广东深和律师事务所
4. Facts to be developed: age distribution of defendant's overall work force reduction and remaining work force.ChV广东深和律师事务所 ChV广东深和律师事务所
律师风险代理协议中英文版ChV广东深和律师事务所
律师“风险代理”，实质上就是“胜诉取酬制”。通俗一点讲就是当事人事先无需交纳代理费用，待案件胜诉或执行后，按照事先约定从胜诉所得中由当事人支付给律师超过日常标准的代理费用；如果判决未如人意或未能达到双方确定的胜诉标准，当事人有权不支付代理费，由律师自行承担已垫付的各项费用和损失。ChV广东深和律师事务所
CONTINGENT FEE RETAINER 风险代理协议ChV广东深和律师事务所
STATE OF ——(1)——ChV广东深和律师事务所
ss:ChV广东深和律师事务所
COUNTY OF ——(2)——ChV广东深和律师事务所
诉讼地：某州——某县——ChV广东深和律师事务所
KNOW YE ALL MEN BY THESE PRESENTS,ChV广东深和律师事务所
有鉴于此，ChV广东深和律师事务所
This Agreement is made and entered into this ——(3)—— day of ——(4)——,——(5)——, by and between ——(6)——, of ——(7)——, hereinafter called the "Attorney", and ——(8)——,of ——(9)——, hereinafter called the "Client".
2/3 首页 上一页 1 2 3 下一页 尾页 |
