INVITATION FOR EMPANELMENT OF ADVOCATES & LAW FIRMS

 

Apply before 30th June 2021

Send email with details to [email protected]

Subject Line: “Application for the LD-IND1”

 

A. INTRODUCTION

Strategy India is a leading consultancy firm for direct selling companies in India. We provide in-house services to direct selling businesses, and we intend to become a one-stop service provider in all respects to our clients. With this intention in mind, we invite applications for engaging experienced, proficient and result oriented advocates and law firms to represent our clients from time to time before adjudicating authorities and provide professional services as per our client’s requirements in the area of commercial law especially direct selling business.

 

B. ELIGIBILITY / CRITERIA FOR EMPANELMENT

The eligibility of a candidate/applicant will be calculated as of 1st April 2021.

1. Qualifications

a) Essential Qualifications:

  • The Advocate should possess a degree in law from a university recognised by the Bar Council of India.
  • The Advocate should be enrolled with the respective Bar Council of State of practice.
  • The Advocate should have renewed the Certificate of Practice as per prevailing rules of the Bar Council of India.
  • Advocate should have at least seven years post-qualification experience in the area of commercial law.
  • The Advocate should be of undoubted legal acumen and unblemished integrity and has not been removed from any law firm, company or institution nor should have been subjected to any disciplinary proceedings under any law in force.
  • Advocate/law firms should have proper and adequate infrastructure such as office premises, assistants, clerks, staff, mobile, internet connections, etc.
  • Empanelment of Advocates will be made for the jurisdictional area of the court in which he is practicing or/and the city wise.
  • Maximum age of the Advocate at the time of empanelment should not be more than 60 years.
  • In partnership firms or Limited Liability Partnership firms, all the partners should comply with the eligibility criteria.

b) Desirable qualifications:

  • Have attained their undergraduate degree from any national law university of India.
  • Independent and effective practice at Bar in attending matters related to corporate and direct selling matters.
  • Knowledge of Consumer protection laws, laws pertaining to money circulation schemes, etc.
  • Knowledge of criminal laws and service law-related matters.

2. Advocate or Legal Firms shall have independent experience in handling the cases relating to commercial matters including arbitration matters / Service matters / Company Law matters / Taxation/labour laws /Company laws / Civil Suits /Writ matters /Consumer Protection Laws/criminal matters/ and Custom Laws and other commerce-related laws in the court applying for.

3. Empanelment of Advocates will be done based on categories/job profile wise, i.e., for high valued matters, matters in Supreme Court / High Courts, Civil Courts, criminal matters, etc. such matters to be entrusted to advocate for which he was categorised

 

C. DOCUMENTS TO BE SUBMITTED BY THE ADVOCATE/LAW FIRM

The interested Advocates/law firms need to submit the following documents at the time of applying for empanelment:

For Individual Advocate

  • Copy of Law Degree Certificate.
  • Copy of Registration with State Bar Council.
  • Renewal of practice certificate, wherever applicable.
  • Identity card issued by State Bar Council.
  • Copies of empanelment with other organisations, if any.
  • Certificate from Local Bar association for practicing in the Courts.
  • PAN Card copy.
  • Income Tax Returns Copy for last three years.
  • In the case of firms, the documents evidencing the constitution of the firm.
  • Affidavit from Advocate stating that he/she has not been removed from the panel of any organisation.
  • An undertaking from the Advocate to the effect that all information furnished is correct.
  • Name and citation of cases where the advocates have appeared in the last five financial years.

For Law Firms

  • Documents evidencing the constitution of the firm
    Following documents for at least two partners/senior members of the law firm:
  • Copy of Law Degree Certificate.
  • Copy of Registration with State Bar Council.
  • Renewal of practice certificate, wherever applicable.
  • Identity card issued by State Bar Council.
  • Copies of empanelment with other organisations, if any.
  • Certificate from Local Bar association for practicing in the Courts.
  • PAN Card copy.
  • Income Tax Returns Copy for last three years.
  • Affidavit from Advocate stating that he/she has not been removed from the panel of any organisation.
  • An undertaking from the Advocate to the effect that all information furnished is correct.
  • Name and citation of cases where the advocates have appeared in the last five financial years.

 

D. APPLICATION PROCESS AND THE PROCEDURE FOR EMPANELMENT

  • Advocate needs to submit the Application (a cover letter) along with required documents in a zip folder and send it to [email protected] with subject line being “Applications for the LD-IND1”
  • Cover letter should contain the state/s where the Advocate’s/Law firm’s practice lies.
  • Please note that any other mode of Application will not be entertained.
  • Applications after the deadline will not be accepted.
  • The shortlisted advocates will be called for an online interview.

 

E. TENURE OF EMPANELMENT

  • The initial empanelment of the Advocate (s)/Law Firm(s) will be for one year.
  • Performance of empanelled advocates shall be reviewed on an annual basis. However, on completion of the term and satisfactory performance of the Advocate, the empanelment may be renewed for a further period of three years.
  • Strategy India reserves the right to terminate the empanelment of any Advocate(s)/Law Firm(s) at any time without assigning any reason with a notice period of one month.

 

F. DUTIES AND RESPONSIBILITIES OF PANEL ADVOCATES

  • Giving written opinion on issues that are referred to them.
  • Drafting of Legal documents in connection with the business of the client whenever referred to them.
  • Participation in discussion/conference with the clients whenever entrusted to them.
  • Appearing before various adjudicating authorities for proceedings etc., in respect of cases filed by or against client as and when entrustment of the said case and pleading & protecting the interest of the client.
  • Drafting of Criminal Complaints or assisting in criminal matters whenever entrusted to them.
  • Attend to any other legal work whenever entrusted to them.

 

G. WHILE PURSUING/DEFENDING ANY LITIGATION ON BEHALF OF THE CLIENT, THE PANEL ADVOCATE SHOULD

  • Intimate the day-to-day progress of the matter to the client.
  • Not to seek adjournments without any valid & cogent reasons.
  • Not to make any submission before adjudicating authorities without proper prior instructions from the client.
  • Advise the concerned client for engaging Designated Senior Advocate / Counsel if required to protect the client’s interest.
  • Not to appear either directly or through his juniors/assistant advocates against Strategy India or its concerned client.

 

H. GENERAL TERMS AND CONDITIONS

  • If the Advocate happens to be a partner of a firm of lawyer or solicitor, it will be incumbent upon the firm not to entertain any case against Strategy India, or its client concerned.
  • The Advocates empanelled are not the employees of Strategy India.
  • The Advocates empanelled shall maintain absolute secrecy and confidentiality about the matters entrusted to him as required.
  • The advocates shall fully accept the terms and conditions of the empanelment as determined by Strategy India from time to time.
  • In case of empanelment of Law firms, all the terms and conditions for empanelment of the individual Advocates shall apply mutatis mutandis to each member of the firm.
  • Panel advocate should not use Strategy India’s name, symbol etc., in his letterhead, signboard, nameplates, pamphlets, etc., such as “Legal advisor to Strategy India” or “Advocate for Strategy India” etc. However, they will be allowed to write, if they wish, “Empanelled with Strategy India” on their office materials, etc., as per the brand guidelines of Strategy India.
  • Strategy India is free to engage any Advocate of its own choice, and no right exists for an empanelled Advocate to claim that he alone should be entrusted with the firm’s work. Further, the empanelment does not entitle him to demand work. Entrustment of the work is purely at the discretion of Strategy India.
  • Mere submission of Application and fulfilling of eligibility criteria does not entitle for empanelment.
  • In the case of Law firms, any reconstitution, retirement, the addition of partners/members should be intimated to Strategy India immediately.
  • As and when requested by the client through Strategy India for shifting of the case to another advocate, the Advocate who is dealing with the case needs to give the ‘No objection letter’ along with case papers immediately so that client should not lose the opportunity to attend the case on merits.
  • The Advocate shall indemnify and hold Strategy India harmless from and against any claim, losses, costs, damages, expenses, action suits and other proceedings relating to or resulting directly or indirectly from breach of any of the above terms and his willful misconduct or gross negligence in providing services to Strategy India.

 

I. RIGHT TO PRIVATE PRACTICE

The Advocate/Law firm will have the right of private practice, which should not, however, interfere with the efficient discharge of work of Strategy India, but he/she/it shall not advise, hold briefs or appear against Strategy India or its client concerned before an adjudicating authority.

 

J. FEE STRUCTURE OF THE ADVOCATE

The Fees, incentives and charges payable to Advocates will be as follows:

a) Retainership Range

  • For Individuals (Advocate) – INR 40,000-90,000 + GST per month.
  • For Law firms – INR. 70,000-1,50,000 + GST per month.

b) Work-based remunerations: as may be mutually decided

 

K. PLEASE NOTE

Strategy India may not empanel the advocates if suitable applications are not received. While Strategy India appreciates your effort to apply, please note that we may not be able to reply to each application for acceptance or refusal. In case of acceptance, we shall inform the candidates/firms via official emails.

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