These Terms of Engagement establish the general contractual parameters governing all professional legal representation and advocacy services provided by Standing Lawyers. They are published to provide complete transparency regarding client rights, advocate obligations, fee structures, and disengagement procedures.
These terms do not themselves constitute an engagement. A binding advocate-client relationship is created exclusively upon the issuance and written acceptance of a formal matter-specific Engagement Letter. In the event of any conflict between these terms and the Engagement Letter, the Engagement Letter shall prevail.
1. Inception of advocate-client engagement
1.1 A professional engagement commences only when all of the following condition precedents have been satisfied: the firm has concluded formal conflict of interest checks; client due diligence has been verified under our Anti-Money Laundering Policy; the scope of representation and fee structure have been agreed in writing; and a formal Engagement Letter has been executed by the client and accepted by the firm.
1.2 Preliminary discussions, introductory telephone calls, fee estimates, and strategy meetings do not create an advocate-client relationship, however extensive the consultation.
1.3 Until an engagement is formally executed in writing, Standing Lawyers monitors, calculates, and protects no statutory limitation period, court filing deadline, or tribunal appearance date on your behalf.
2. Identification of the client entity
2.1 Where instructions are issued by a corporate entity, our client is that juristic entity alone. We do not represent its directors, shareholders, promoters, subsidiary entities, or holding corporations unless expressly retained in writing.
2.2 Legal advice rendered to a corporate client constitutes the exclusive property of that entity, and Legal Professional Privilege resides solely in the company. Individual officers whose interests diverge from the company must obtain separate independent legal counsel.
2.3 Where the firm represents co-creditors or joint clients, all instructions and communications are treated as shared among them under Clause 6.5 of our Confidentiality Policy.
2.4 Representation of Insolvency Professionals. Where the firm is instructed by an Interim Resolution Professional, Resolution Professional, or Liquidator under the Insolvency and Bankruptcy Code, 2016, we act for the professional strictly in their official statutory capacity representing the estate of the Corporate Debtor. We do not represent the insolvency practitioner personally, nor the Committee of Creditors, nor the suspended management, in the absence of explicit, un-conflicted retainers.
2.5 The firm never acts for adverse sides in a dispute. In the event that interests between co-clients diverge, the firm will notify the parties and, if required, withdraw from representing one or all parties.
3. Defined scope of representation
3.1 The scope of legal representation is strictly defined in the Engagement Letter. Any ancillary matter, additional filing, or collateral dispute requires a separate written mandate.
3.2 Unless expressly incorporated, an engagement excludes advice on direct and indirect taxation, accounting treatment, asset valuation, commercial feasibility, and foreign laws. In debt recovery and insolvency settlements, recovery proceeds may carry tax implications; clients must seek specialist chartered accountancy counsel.
3.3 Advice is rendered based upon the factual matrix and documentation provided at the material time. It cannot be relied upon for distinct transactions or by third parties without our written consent.
3.4 The firm undertakes no continuing obligation to update historical opinions following subsequent changes in legislation or judicial precedent, unless explicitly retained for ongoing review.
4. Corporate debt recovery and insolvency mandates
4.1 Where the engagement encompasses commercial debt recovery, corporate insolvency resolution under the IBC, or monetisation of Non-Readily Realisable Assets (NRRA) under IBBI Regulation 37A, the Engagement Letter records the specific claims, debtors, proposed legal fora, milestone deliverables, and reporting intervals.
4.2 Mandate of advocacy, not outcome assurance. Our commitment is to execute legal strategies, draft pleadings, issue statutory notices, and advocate your cause with professional competence. We cannot warrant that a debtor will possess attachable assets, that insolvency admission orders will be granted, or that funds will be realized. No advocate may lawfully guarantee judicial outcomes.
4.3 Judicial timelines. Proceedings before National Company Law Tribunals, Debt Recovery Tribunals, Commercial Courts, and appellate fora are governed by judicial calendars and statutory workloads. Indicative timelines are good-faith estimates and do not constitute contractual warranties.
4.4 Direct payment of recovered funds. Debtors and liquidators are instructed to remit recovered funds directly into bank accounts maintained in the client's own name. Standing Lawyers never holds recovered funds in client transit accounts and never deducts professional fees from recovery sums. In conformity with Bar Council of India Rule 20, our professional fees are completely independent of recovery outcomes.
4.5 Requisite legal authority. The client must execute necessary Vakalatnamas, Letters of Authority, or Special Powers of Attorney empowering the firm to appear before courts and tribunals. Such authority is confined to legal representation and does not extend to compromising claims or operating bank accounts without express sanction.
4.6 Direct statutory remedies. Where a direct statutory route, such as a conciliation reference before the Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act, is sufficient, we advise clients of that option transparently.
4.7 Court appearances before distant benches or high courts may require briefed senior counsel or local advocates-on-record, engagement of whom shall be confirmed with you in advance.
5. Client instructions and authorised representatives
5.1 The Engagement Letter identifies authorised signatories empowered to instruct the firm. We are entitled to rely upon instructions from those individuals until written notification of revocation is received.
5.2 Clients covenant to provide truthful, accurate, and comprehensive instructions, to furnish documentation promptly upon request, and to notify the firm of material developments. Standing Lawyers disclaims liability for adverse outcomes resulting from withheld, incomplete, or delayed instructions.
5.3 We reserve the right to decline any instruction that would require us to breach professional ethics, violate Bar Council of India rules, or mislead a court of law. An advocate's paramount duty is owed to the court and the administration of justice.
6. Standards of professional advocacy
6.1 We will handle your matters with reasonable professional care, diligence, and skill, maintain periodic communication, and provide candid evaluations of risks and prospects.
6.2 We will advise you candidly when further legal prosecution is unviable, even where that advice terminates our fee accrual.
6.3 We give no warranties regarding outcomes, which are prohibited by law.
7. Professional fees, out-of-pocket disbursements, and taxes
7.1 Professional fees are billed in accordance with the Engagement Letter and our Fee and Refund Policy, which forms an integral component of these terms.
7.2 Disbursements incurred on your behalf, including court fees, process server costs, stamp duty, arbitral registry charges, valuer fees, and travel expenses, are charged at actual cost without markup.
7.3 Professional fees exclude indirect taxes. Legal services provided by advocates to business entities are subject to the Reverse Charge Mechanism under GST Notification No. 13/2017-Central Tax (Rate), requiring the recipient to discharge tax directly.
7.4 Invoices are payable within the timeframe stipulated on the invoice. Any disputed billing line must be communicated within seven business days, while undisputed amounts must be cleared without delay.
8. Conflict of interest protocols
8.1 We perform comprehensive conflict checks prior to accepting retainers, and upon the joinder of new parties. Our Confidentiality and Conflict Policy governs this protocol in full.
8.2 We may represent commercial competitors of our clients provided that no legal conflict exists and no confidential client information is compromised. We will never act against a client in an active or substantially connected matter.
9. Confidentiality and data protection
9.1 All communications, case files, and instructions are strictly confidential and protected by statutory Legal Professional Privilege under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.
9.2 Personal data is managed in strict conformity with our Data Protection and Information Security Policy.
10. Communications and payment verification
10.1 Routine communication is conducted via telephone and email. Clients acknowledge that electronic mail is subject to inherent security vulnerabilities, and encrypted channels should be requested for sensitive documentation.
10.2 Payment fraud warning. Standing Lawyers will never notify a change of bank account details solely by email. Any communication purporting to alter bank details must be verified telephonically using known telephone numbers prior to initiating financial transfers.
11. Custody, retention, and return of documents
11.1 Upon final conclusion of a matter, original client records will be returned upon written request. The firm retains matter work product, drafts, research memoranda, and file copies.
11.2 Files are archived for the duration specified in our Data Protection Policy and securely destroyed thereafter.
11.3 Any advocate's lien over client files in respect of unpaid professional fees is exercised strictly in accordance with Bar Council ethical standards and without prejudicing urgent proceedings in court.
12. Financial limitation of liability
12.1 The firm's aggregate liability to a client arising out of an engagement, whether in contract, tort, or statutory duty, is capped at the total professional fees actually received by the firm for that specific matter, or the specific sum stipulated in the Engagement Letter.
12.2 The firm is not liable for indirect or consequential damages, loss of business profit, or losses attributable to inaccurate instructions, withheld records, or decisions taken contrary to our advice.
12.3 Nothing herein limits liability for gross negligence, willful default, or professional misconduct under the Advocates Act, 1961.
13. Termination and disengagement procedures
13.1 Clients may terminate an engagement at any time upon written notice. Ongoing advisory retainers require the notice period set out in the Engagement Letter.
13.2 Standing Lawyers may withdraw from representation for good cause and in compliance with Bar Council rules, including non-payment of fees after reasonable notice, emergence of an intractable conflict of interest, breakdown of mutual trust, or instructions requiring unlawful conduct.
13.3 Upon termination, the firm will invoice for accrued work and disbursements to the date of disengagement, facilitate file transition, and refund unearned advances under our Fee Policy.
13.4 Provisions governing confidentiality, legal privilege, liability limitation, and governing law survive termination.
14. Ethical integrity and anti-bribery covenants
14.1 Neither party shall offer, solicit, or accept any improper payment, bribe, or corrupt inducement. The firm makes no payments to public officials other than lawful statutory fees properly receipted.
14.2 The firm accepts no cash payments exceeding the statutory limits established under Section 269ST of the Income-tax Act, 1961.
15. General contractual provisions
15.1 Neither party is liable for delays caused by force majeure events beyond reasonable control, provided prompt notice is given.
15.2 Retainers may not be assigned without mutual written agreement. Only contracting clients may enforce an engagement.
15.3 The Engagement Letter, these Terms, and our published policies constitute the entire agreement between the parties.
16. Grievance redressal and exclusive forum
16.1 Client grievances are resolved under our Grievance Redressal Policy.
16.2 All engagements are governed by the laws of India, subject to the exclusive jurisdiction of the competent courts at Jaipur, Rajasthan.
Effect, review and contact
A This Terms of Engagement takes effect on 11 October 2026 and supersedes every earlier version published on this website. The version published on this page constitutes the operative regulatory instrument at any given point in time.
B Standing Lawyers reviews this Terms of Engagement at least annually, and forthwith upon any amendment to applicable statutes, subordinate rules, regulatory notifications, or firm operational systems. Where an amendment is material, formal notice shall be published on this page, and where the amendment concerns personal data in respect of which contact particulars are maintained, direct notification shall be transmitted.
C All formal communications, statutory notices, and grievances arising out of or in connection with this Terms of Engagement must be addressed to work@standinglawyers.com, marked for the attention of the Grievance Officer where the communication constitutes a formal complaint.
