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Letter to appoint a lawyer on panel

(Querist) 25 July 2008 This query is : Resolved 
I am incharge (Legal) in a steel man. company. I want to appoint 4-5 lawyer on my panel of advocates of my company. kindly provide the format of letter which should be issued to them and also the conditions etc to be put in that letter.
RAKHI BUDHIRAJA ADVOCATE (Expert) 25 July 2008
sorry, About faormate I don't know. But its my request kindly add me in ur penal of lawyers.My resume is infra:-
Resume:
LAW GRADUATE WITH APPROXIMATELY SIX YEARS EXPERIENCE AS A PRACTICING LAWYER
Name: Rakhi Budhiraja
Postal Address: Off: - 253, 2nd Floor, Aggarwal-Shopping Complex CD Block, Pitam Pura, Delhi-110088, Mb.- 9871158578
Permanent Address: DO
E-Mail rakhibudhiraja@yahoo.com.in

Personal Particulars
Date of Birth: 15 May 1981
Sex: Female
Nationality: Indian
Marital Status: Married
Husband Name: Rajesh Budhiraja Language Known: Hindi & English
Professional Qualification
Law Graduate from Maharishi Dayanand University, Rohtak, with 55% marks.
Year of Passing: - 2001-02
Enrolment No.: - D-1830/2002
Work Experience
Working as a practicing advocate INDEPENDENTLY for the approximately last six years in various courts at Delhi & Haryana.
Work Knowledge: Cases u/s 138 of N.I. Act, Consumer cases, Cases under M.V. Act, Recovery cases, Summary Suits, Execution Proceedings, Complaints u/s 156(3) Cr.P.C., Labour court cases, Appeals, Writ Petitions, Matrimonial cases, Defamation cases and other Civil & Criminal cases, having good skill in drafting various types of deeds, agreements & all kinds of notices & reply to notices etc.Working on title search for the IDEA CELLULAR LTD;
Extra Engagements: Penal Advocate for: -
UNION OF INDIA &
IDEA CELLULAR LTD.
Current CTC 4.5 Lacks – 5.5 Lacks
Excepted CTC As per work
Computer Proficiency
Working Knowledge of Ms-Office (Word, Power-Point, Excel)
Carrier Objectives Always seeking a challenging job.
Aim of the life is to work with an Esteem Organization at an esteem position & motivate myself to satisfy hierarchy of my needs.
Hobbies & Interests Reading Books, listening Music
Personal Strengths
Motivated, Determined, Adaptable and Positive Attitude towards work.


If a chance is given to me I will prove of your selection. I hope you will consider my application sympathetically and give an opportunity to serve you.

Date:25/07/08
Place: Delhi Rakhi Budhiraja, Adv.
Guest (Expert) 25 July 2008
Retainer Agreement

We........................having its head office at................represented by its MD............ (hereinafter referred to as Company) appoint Sri .............residing at............ Advocate, as our retainer (hereinafter referred to as Retainer)to perform specific tasks connected with the legal matters arising in the Company from time to time, the following the main entrustments apart from special assignments as when they arise.

The Reatiner shall represent the company before the various courts and other similar forums in matters specifically entrusted to them.

The retainer shall keep proper track of matters and keep the company posted on the developments and advise the company on the strategy or the course of action.

The retainer shall be entitled for fixed monthly retainer fee in a sum of Rs.,,,,,,,payable every month before........ The Company will also reimburse the actually court fees and other payments made on behalf of the company, upon the Retainer furnish sufficient proof to the company, at the time of paying the Retainer fee.

The retainer shall co ordinate with Sri..... GM Legal..........and keep regular contact with him and brief them about various develpments in law.

The reatainer shall attend all the meetings whenever called for with a notice of one week and three consecutive absence for the meetings shall be treated as termination of the services. However absence shall be made known well in advance in writing.

The retainer agreement is for the period........to .........., renewable with mutual consent.

In witness whereof the parties have set their respective hands on signature on this the......... day of..........month.......at ..........

Witness: Company
1.


2. Retainer
KamalNayanSaxena (Expert) 25 July 2008
Dear Mr. Chandan,
Word appointment is not correct for empanelment of advocates, since both have seperate identity.

There are no specific conditions except retainership amount and fees payable.

Panel lawyers are bound with the provisions mentioned in the Advocates Act.
Srinivas.B.S.S.T (Expert) 25 July 2008
There will be no agreement. You simply have to issue a letter to that Advocate stating your consent to enroll him into your panel of acvocates along with details of retainer fee. Once he has been added to your panel of advocates you can entrust cases to him. You have the right of removing him from your panel at any time is his services are not upto the mark you have expected.
kumar sachin (Expert) 25 July 2008
dear Mr. Chandan
There is absolutely no fixed format for letter of empanelment.

one more thing,
if u want a lawyer at patna (bihar), u may give me a chance.

thanx
Chandan Garg (Querist) 26 July 2008
Thanks for replies...
some more formats pls if possible...
adv.ranchi (Expert) 26 July 2008
Hi Chandan,

Sorry,
only after i posted a message across, i came across your requirement.
I am now in doubt as to whether i know you.

Plz. do clear me of the doubt.

As for your query, i do feel that the term 'appointment' would be wrong, the better term would be 'empanelment'. Cause, under the Advocates Act, a legal practitioner cannot be appointed full time and if is so appointed, his license can be debarred.

Further, since you are in the Legal Department, you could yourself develop a simple empanelment letter.
My advise, plz do not go into long letters, make it short and simple, like

We take it a pleasure to empanel you as an advocate for our organization. Your empanelment will be subject to the terms and conditions as applicable to the Central Government / State government empanelled counsels (if you have any other terms and conditions, the same may be spelt out out here).

You shall represent the company before the courts / foras (if advocate is empanelled to deal in any particular courts / foras specify only those and specify the matters who he is specially engaged to deal in).

You shall keep proper track of all the matters and keep the company posted on the developments.

You shall give such advise in the pending cases as may be required for the furtherance of the company's interests in the case.

(If he is appointed as a retainer, kindly incorporated : You shall be entitled for fixed monthly retainership fees of Rs............ payable every month.)

You shall co-ordinate with the officers of the Company and esp. the Legal Officer (or such other officer as named) and regularly apprise the organisation about the various develpments in the case.

Your engagement is for a period of ............ years i.e. from ........ to ........... and the same can be mutually be renewed / extended.

however, in the event the organization does not wish to continue with you, it may terminate your engagement at any time and in such case, you shall fortwith return all the files, documents in your possession forthwith.

During the period of your empanellment, you shall not pursue any case against the Company.


Hope, this satisfies your requirements.

Regards,
Adv. Ashutosh
adv.ranchi@gmail.com
Chandan Garg (Querist) 28 July 2008
Thanks everybody ...
Guest (Expert) 28 July 2008
Chandan,

You will have to create on the draft given by me. It is just like any other contract for service.
Srinivas.B.S.S.T (Expert) 30 July 2008
Hope you have found the advocate as well as the answer for your query.
Chandan Garg (Querist) 21 August 2008
thanks everybody
Chandan Garg (Querist) 21 August 2008


if some body have some more suggestion are welcom
Hiralal Das (Expert) 06 April 2009
I agree with views of the ld. friends.
A. A. JOSE (Expert) 08 April 2009
Dear Mr.Chandan,

You may contact me on aajose2010@gmail.com if you still need the draft format as I can provide you the specimen being used by our organisation.

With best wishes,


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