Terms of Engagement

These Terms of Engagement describe the basis on which Standing Lawyers acts for a client. They are published so that anyone considering instructing us can read them before doing so, rather than meeting them for the first time inside a signed document.

They are not themselves the contract. The engagement letter agreed for a particular matter is the operative document, and where these terms and the engagement letter differ, the engagement letter governs.

1. When an engagement begins, and when it does not

1.1 An engagement begins only when all of the following have happened: we have completed a conflict of interest check and are satisfied there is no bar to acting; we have completed the client due diligence described in our Anti-Money Laundering and Client Due Diligence Policy; the scope of the work and the fee have been agreed in writing; and an engagement letter has been issued by us and accepted by you.

1.2 Nothing before that point creates a lawyer-client relationship. An enquiry through this website, a first conversation, a meeting, an indicative proposal and a fee estimate are not an engagement, however detailed the discussion becomes and however plainly we appear to understand your problem.

1.3 Until an engagement is confirmed, no limitation period, filing deadline, statutory due date or hearing date in any matter of yours is being monitored or protected by us, and you should assume that responsibility for it remains entirely with you.

2. Who our client is

2.1 Where we are instructed by a company or other organisation, our client is that entity alone. We do not act for its directors, shareholders, officers, employees, holding company, subsidiaries or affiliates unless the engagement letter expressly says so.

2.2 This matters in practice. Advice given to the company is the company's, privilege in it belongs to the company, and an individual officer who needs advice in a personal capacity, particularly where their interest may diverge from the company's, should take separate independent advice. We will say so when we see that situation arising.

2.3 Where we agree to act for more than one client on the same matter, the engagement letter will record that, and clause 6 of our Confidentiality and Conflict of Interest Policy explains how information is treated between joint clients.

2.4 Where a matter concerns the estate of a person who has died, the engagement letter names the individual or individuals we act for. We do not act for an estate at large, and we do not act for a family. This is not a formality. In a transmission or an unclaimed asset matter the people entitled are frequently several, their interests can diverge on the very question the matter turns on, and an adviser who has been vague about whose instructions it takes is of no use to any of them when that happens.

2.5 It follows that we act only where the people entitled agree on entitlement and need help proving it. A genuine dispute between heirs is a succession dispute. It is decided by a court, it needs separate representation on each side, and we will say so and decline rather than take a mandate from one heir over an asset another is contesting.

3. Scope of work

3.1 The engagement letter defines what is included. Anything not within it is outside the engagement and is a separate matter to be agreed separately.

3.2 Unless the engagement letter says otherwise, an engagement does not include advice on tax, accounting, valuation, financial or commercial merits, technical or scientific questions, or the law of any jurisdiction other than India. This matters in recovery work more than clients expect: a sum recovered may be taxable, a foreign heir may face questions on remitting it, and a provident fund withdrawal may be treated differently from a transfer. We will tell you when a question of that kind arises and, on your instructions, work alongside an appropriate adviser, but we do not answer it ourselves.

3.3 Advice is given on the facts and instructions available at the time, and for the purpose stated. It is not to be relied on for a different purpose, at a materially later date, or by anyone other than our client, without our written agreement.

3.4 We are not obliged to update advice already given because the law has since changed, unless we have separately agreed to keep a matter under review.

4. A recovery mandate, and what it means in practice

4.1 Where the engagement is a mandate to pursue an asset or a receivable, the engagement letter records what is being claimed, from whom, what we will do, what falls outside it, the fee, and the intervals at which we will report.

4.2 A mandate is an undertaking to do the work, not to produce a result. We will search, assemble the evidence, prepare and lodge the claim, answer what is raised against it, and escalate where an institution does not act. Whether the claim is allowed is not ours to decide and we do not promise it.

4.3 The timelines are not ours either. These matters run on companies, registrars and transfer agents, depositories, fund houses, insurers, statutory authorities and, where succession has to be established, courts. Prescribed periods exist for some of those steps and are not always met in practice. Any indication we give of how long a matter will take is an estimate made in good faith on comparable matters, and it is not a term of the engagement.

4.4 The claim is made in your name and the money is paid to you. We prepare a claim, and you make it. Anything recovered is released by the institution holding it directly to you, into an account in your own name. Money does not pass through this firm, we do not receive proceeds on your behalf, and we do not deduct our fee from a recovery. Clause 8 of our Anti-Money Laundering and Client Due Diligence Policy states the same thing from the other direction, and clause 4 of our Fee and Refund Policy explains why our fee is never a share of what is recovered.

4.5 We will need authority to correspond for you. Institutions will not discuss a holding, a folio, a policy or an account with anyone but the person entitled without written authority, so a mandate ordinarily includes an authority letter and, where an institution requires one, a power of attorney limited to the matter. The authority is limited to correspondence and to lodging what you have approved. It does not extend to operating an account, giving a discharge, or receiving money for you.

4.6 We will tell you when you do not need us. Where the search shows that the free route described in clause 7 of our Disclaimer is sufficient for your matter, we will say so and explain how to use it, and there will be nothing to pay. This is a term of how we work and not a courtesy.

4.7 A mandate does not by itself make us your advocate on record in any court or tribunal proceeding. Where a matter needs an appearance, whether an appeal against a rejected claim, a succession application, a recovery suit or an application before a tribunal, that is a separate engagement agreed separately, and it may be conducted by us or by counsel instructed for the purpose.

5. Your instructions, and who may give them

5.1 The engagement letter identifies the people authorised to instruct us. We are entitled to act on instructions from any of them, and to treat those instructions as authorised by the client, until you tell us in writing that the position has changed.

5.2 You agree to give us instructions that are complete and accurate, to tell us promptly when something material changes, to provide documents and information when we ask for them, and to make decisions within the time a matter requires. Where a delay in instructions affects a deadline or a cost, we will tell you, but responsibility for the consequence rests with the client.

5.3 We may decline to act on an instruction that would require us to act unlawfully, to breach a professional obligation, or to mislead any person or court. Our obligations to the court and to the Bar Council are not displaced by a client instruction, and where the two conflict we will explain the position and, if necessary, cease to act.

6. Our responsibilities

6.1 We will act with reasonable care and skill, keep you informed of material developments, explain the options and the risks in terms you can act on, and tell you promptly when our view of a matter changes.

6.2 We will tell you when we think you do not need a lawyer, or do not need us, and we will say so even where saying so costs us a fee.

6.3 We give no guarantee or assurance about the outcome of any matter. No advocate lawfully may.

7. Fees, disbursements, taxes and payment

7.1 Fees are governed by the engagement letter and by our Fee and Refund Policy, which forms part of these terms and explains how fees are set, invoiced, revised and refunded.

7.2 Disbursements, being amounts paid to third parties on your behalf such as court fees, stamp duty, registration charges, filing fees, search fees, courier and travel, are additional to fees and are charged at cost.

7.3 Fees are exclusive of taxes, which are charged as applicable. The Fee and Refund Policy explains the current position on indirect tax.

7.4 Invoices are payable within the period stated on them. Where an invoice is disputed, tell us promptly and identify the item disputed, so that the undisputed balance can be settled while we resolve the rest.

8. Conflicts of interest

8.1 We check for conflicts before accepting a matter, and again when a new party enters an existing matter. Our Confidentiality and Conflict of Interest Policy explains how conflicts are identified and what happens when one is found.

8.2 We act for a number of clients and may act for a client whose commercial interests compete with yours, provided that doing so involves no conflict in a legal sense and no risk to your confidential information. We will not act against you in a matter, and the duty of confidentiality we owe you survives the end of the engagement.

9. Confidentiality, privilege and data protection

9.1 Everything you tell us about a matter is confidential, and much of it is privileged. Our Confidentiality and Conflict of Interest Policy sets out the duty, its limits and the statutory protection that applies.

9.2 Personal data is handled under our Data Protection and Information Security Policy. Where we process personal data that you control, we do so on your instructions and as your processor.

9.3 We may, unless you tell us otherwise, record the fact of having acted for you in our conflict check records. That record is internal, is used only for conflict checking, and is not published.

10. Communications

10.1 We ordinarily communicate by email and by telephone. Email is convenient and it is not secure: it can be intercepted, misdirected, delayed or altered, and an address can be spoofed. By instructing us you accept the ordinary use of email unless you tell us otherwise, and we will agree a more secure route for material that warrants it.

10.2 Fraudulent interception of payment instructions is a known and continuing risk in professional practice. We will not change our bank details mid-engagement by email alone. If you receive any communication appearing to come from us that gives new or different payment details, treat it as fraudulent until you have verified it by telephoning us on a number you already hold, and never on a number given in the suspect message.

11. Documents, the file and its retention

11.1 At the conclusion of a matter we will, on request, return documents belonging to you. We may keep a copy of the file, and we retain our own working papers, drafts and internal notes, which remain ours.

11.2 Files are retained for the period set out in our Data Protection and Information Security Policy and are then securely destroyed. If you want your documents back, ask before that period expires.

11.3 Any lien or other right over documents that the law confers on an advocate in respect of unpaid fees is preserved, and is exercised, if at all, consistently with our professional obligations and in a manner that does not prejudice a client's position in pending proceedings.

12. Limitation of liability

12.1 Our liability to a client is limited as set out in the engagement letter for the matter. Where the engagement letter sets a financial limit, that limit applies to all claims arising out of or in connection with that engagement, whether framed in contract, tort, statute or otherwise, and whether brought against the firm or against any individual associated with it.

12.2 We are not liable for loss that was not reasonably foreseeable, for loss of profit, revenue, goodwill or anticipated saving, or for loss arising from information that was withheld from us, from instructions that were inaccurate or incomplete, or from a decision taken against our advice.

12.3 Nothing in these terms or in any engagement letter excludes or limits liability for fraud, for wilful default, for professional misconduct, or for anything else that cannot lawfully be excluded or limited. Nothing in them affects any right you have to complain to the State Bar Council under section 35 of the Advocates Act, 1961.

13. Termination

13.1 You may end an engagement at any time by telling us in writing. A monthly retainer ends on the notice stated in the engagement letter.

13.2 We may cease to act only for good reason and in a manner consistent with our professional obligations, including where a conflict of interest arises, where client due diligence cannot be satisfied or gives cause for concern, where fees remain unpaid after reasonable notice, where instructions require us to act improperly, or where the relationship of trust between us has broken down. Where we are on record in a proceeding, we will take the steps professional rules require before withdrawing.

13.3 On termination we will invoice for work done and disbursements incurred to that date, return or deal with documents as clause 11 provides, and confirm in writing what remains outstanding and what is not being done, so that nothing is left to assumption. Any refund due is dealt with under our Fee and Refund Policy.

13.4 Termination does not affect any accrued right or obligation, and the provisions on confidentiality, privilege, liability, file retention and governing law survive it.

14. Lawful conduct

14.1 Neither party will offer, give, request or accept any bribe or improper advantage in connection with a matter, and we will not make any payment to a public servant other than a fee lawfully payable and properly recorded.

14.2 We do not accept fees in cash beyond the limits Indian law permits. Our Fee and Refund Policy sets out the position.

15. General

15.1 We are not liable for failure or delay caused by an event beyond our reasonable control, provided we tell you promptly and take reasonable steps to limit the effect.

15.2 Neither party may assign an engagement without the other's written consent. No person other than the client may enforce an engagement or rely on our advice.

15.3 The engagement letter, these Terms of Engagement, the Fee and Refund Policy, the Confidentiality and Conflict of Interest Policy and the Data Protection and Information Security Policy together record the whole of the arrangement between us. In case of inconsistency the engagement letter prevails, and thereafter these terms.

15.4 If any provision is held invalid or unenforceable, it is severed and the remainder continues in force.

16. Complaints, governing law and jurisdiction

16.1 If you are dissatisfied with anything we have done, our Grievance Redressal Policy explains how to raise it, how it will be handled, and how to escalate it if our answer does not resolve the matter.

16.2 An engagement is governed by the laws of India. Subject to anything the engagement letter provides, the courts at Jaipur, Rajasthan have exclusive jurisdiction.

Effect, review and contact

A This document takes effect on 7 August 2026 and replaces any earlier version of it published on this website. The version published here is the operative version at any given time.

B We review this document at least once a year, and additionally whenever the law, our systems or our practice changes in a way that affects it. Where a change is material we will say so on this page and, where the change concerns personal data and we hold a means of reaching you, we will tell you directly.

C Questions about this document, and any request or complaint arising from it, should be sent to work@standinglawyers.com, marked for the attention of the Grievance Officer where it is a complaint. We can also be reached on +91 63766 28978.