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Template for Agreement between Advocate and Client/Litigant (for Pro Bono cases)

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legal-agreement-checklist

Below is a template for agreement regarding communication and other modalities between an Advocate (on Vakalatnama) and Client/Litigant.

The following is just an indicative template, and it is only meant for educational purpose.  Kindly do not post any comment asking for name or contact of said advocate.

Since the below template is for Pro Bono (where advocate does not charge fees to client, but do read the details regarding other legal expenses etc), the agreement template will need to be modified regarding services and expectations when it is on a paid basis.

Even if you are unable to get a written agreement like below, it is recommended to go through all the points and come up with an implied agreement preferably through communication via WhatsApp, Email, SMS as may happen over course of time in early part of relationship.

advocate-client-agreement-checklist-points

AGREEMENT FOR PRO BONO FREE CASES
(ONLY FAMILY COURT BANGALORE)

 

This Agreement is made and executed at Bangalore on this _____ day of ____ 2022 ( /01/2022) by and between
BETWEEN

 

<Name of Advocate>
Advocate
<Address of Advocate>
Mob No: < Mobile no of advocate    >
E-Mail: <email id>

 

Hereinafter Called As FIRST PARTY or ADVOCATE.

 

AND

 

NAME:
S/O or W/O or D/O:
Age:
Occupation:
Address:
Mobile No:
E-MAIL:

 

Hereinafter Called As SECOND PARTY or CLIENT.

 

WHEREAS, Advocacy is considered as NOBLE PROFESSION and An Advocate is considered as OFFICER OF COURT.

 

WHEREAS, an Advocate has a duty to the Court, duty to the client, duty towards other Advocates, duty towards opposite parties in particular and as well as duty towards the Society in general. Access to justice is one of the Fundamental rights.

 

WHEREAS, the First party Advocate is desirous of doing Social Service through this Noble profession and is willing to take up Court cases free of cost or on PRO BONO Basis. There will be no discrimination whatsoever on the basis of caste, creed, religion, rich, poor, male, female, Men, women etc for taking up cases on PRO BONO basis.

 

WHEREAS, the Second party CLIENT has requested the First Party Advocate to take up his/her case on PRO BONO basis and the First Party has agreed for the same and have decided to reduce the same into writing. Hence this agreement with the following terms and conditions.

 

NOW THIS AGREEMENT WITNESSES AS UNDER

 

  1. The First party Advocate is giving free service limiting to DRAFTING, PLEADING and APPEARANCE only on engagement of services and after signing this agreement.
  1. Only Family Court cases at Bangalore are taken up on PRO BONO basis and not any other court cases initially, to do complete justice to the Clients.
  1. The First party is not liable to spend any money towards Court Fee, Process Fee, RPAD, Notary, Certified Copies, Printing Cost, Xerox, Stamp Charges etc. All these charges are to be borne by the Second party Client.
  1. The First Party Advocate is not obliged to do work related to payment of court fee, Payment of Process fee, RPAD, Notary, Certified Copies, Printing Cost, Xerox, Stamp Charges etc. The Second party shall assist the First party in doing the above mentioned works. But on request by Second party the First party may take up these works for the benefit of the Second Party.
  1. After taking the Case the First Party Advocate drafts the Pleading, Petition, applications, Memo, IA, Objections, Evidence etc to be filed in court and sends the same to the Second party through mail and Second party shall finalize the draft. After finalizing the draft the Second party has to take the Printout of the draft and shall bring it to the court on the date of filing and then the First party Advocate files the same in Court.
  1. The First party Advocate is not obliged always to clarify doubts on Phone. If the First party Advocate asks the Second party to visit the Office for any discussion then the Second party shall visit the office at First party convenient time or can meet the First Party in Court.
  1. The First Party is duty bound to inform the Second party Client regarding the procedures and stages of the Court cases as and when required.
  1. The Second Party shall come to the Court as and when the First Party calls him/her for the smooth functioning of the case. And also the Second party shall come to Court as and when their personal appearance is directed by the Court.
  1. The First party as and when request the Second party to keep present for his/her case on account of non availability of the First party due to the reasons of Ill Health, Out of Station, engaged in other cases or for any bonafide reasons, the Second party shall oblige and help the First party.
  1. The First party assures the Best Practice and diligent services to the Second Party Client.
  1. The First party will ensure following due process of law and will not act against his/her will.
  1. The First party shall not entertain the Clients for protracting the proceeding and will not indulge in delay tactics.
  1. The First Party is not responsible for any adverse order passed by the Court. If the Second party is aggrieved by the order passed by the Court he/she have to take legal recourse as per the professional legal advice.
  1. The Second party is free to consult any other Advocate for opinion on the case and can suggest the First Party Advocate and after discussion and deliberations the First Party is not obliged to accept and if the suggestion is good is reasonable and legal the First party will definitely act on the suggestion.
  1. The First party is not responsible for the false information furnished by the Second Party to the Court.
  1. The Second party shall make full disclosure of facts relating to the case and any withholding of material fact which might have been disclosed to First party Advocate shall be at the cost and consequence of Second Party.
  1. The First party shall not indulge in filing unnecessary Interim applications and only entertain and file Applications which are legally permissible and are helpful to secure ends of justice and for ensuring speedy justice.
  1. The Second party after satisfying himself/herself is entering into this agreement with his/her free consent and on his/her own volition. There is no force, coercion or misrepresentation.
  1. The First Party and Second Party are to depart from the cases if there arises any dispute. If the dispute arises it should be resolved amicable as there is No Consideration/Payment issue involved.
  1. This service is terminable at any point of time by the both the parties. If the Second party informs the First Party that he/she no longer wants/willing to continue with First party, the First party will not ask for any reason and as requested by the Second Party issues NOC VAKALATH and file MEMO OF RETIREMENT in Court.
  1. The Second Party Client is not liable to sue the First Party as there is no consideration involved and is completely free for Drafting, Pleading and Appearance.
  1. This Agreement is valid till the Judgment is pronounced in the case or at earlier time on taking or giving of NOC VAKALATH.
  1. The Cost of this Agreement is to be borne by Second party Client.
  1. This agreement is made with a reason to make aware of the duties and responsibilities of both the parties in pursuing this noble cause and for not any other purpose.
  1. The First Party will not indulge in any unfair practices which are detrimental to the case of the Second party.
  1. The First Party after accepting the brief with Second Party, will not take up the case of other side or opposite party.
  1. The information and documents disclosed to the First party are not liable to be disclosed to any other person. And once the information and documents are filed in court it becomes the public document and the First party is not liable in any form for the same.
  1. The Second Party shall take printout and Xerox of the Pleading or documents to be filed in court and shall ensure sufficient number of Copies to be provided for the Court, For the First Party, For Opposite Party/s.
  1. The Second Party shall always be responsible for his/her own case and it is the bounden duty of the Second party to have knowledge of his/her own case.
The FIRST PARTY AND SEOND PARTY having agreed to the above points have set their signature as under.

 

FIRST PARTY                                                                   SECOND PARTY

 

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