The Litigation Management Agreement serves as a crucial document for organizations requiring systematic management of their litigation portfolio in India. This agreement is particularly relevant when a company needs to establish a structured relationship with a law firm for handling multiple litigation matters or complex legal proceedings. The document comprehensively addresses all aspects of litigation management, including case handling procedures, reporting mechanisms, fee arrangements, and service level expectations, while ensuring compliance with Indian legal requirements and Bar Council regulations. It is especially useful for companies with significant litigation exposure or those seeking to standardize their approach to litigation management across multiple jurisdictions within India.
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1. Parties: Identification of the client and the law firm/legal service provider, including full legal names and addresses
2. Background: Context of the agreement, including the client's litigation needs and the law firm's expertise
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Scope of Services: Detailed description of litigation management services to be provided, including case types covered
5. Law Firm's Obligations: Specific responsibilities of the law firm in managing litigation, including reporting, documentation, and court appearances
6. Client's Obligations: Client's responsibilities including providing information, documents, and timely instructions
7. Communication Protocol: Procedures for regular updates, emergency communications, and reporting structures
8. Fee Structure and Payment Terms: Detailed fee arrangements, billing procedures, and payment terms
9. Confidentiality: Obligations regarding confidential information and client privilege
10. Conflict of Interest: Procedures for identifying and handling potential conflicts
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
13. General Provisions: Standard clauses including force majeure, notices, and amendments
1. Success Fee Structure: Optional section for cases where success-based fees are applicable, subject to Bar Council regulations
2. International Litigation Provisions: Required when the scope includes cross-border litigation management
3. Alternative Dispute Resolution: Optional section for handling disputes through mediation or arbitration before litigation
4. Technology and Data Protection: Detailed provisions for use of legal tech tools and data protection measures
5. Insurance and Liability: Specific provisions regarding professional indemnity insurance and liability caps
6. Third-Party Engagement: Procedures for engaging external counsel, experts, or other service providers
7. Document Retention: Specific provisions for long-term document storage and destruction procedures
1. Schedule 1 - Fee Schedule: Detailed breakdown of fee structures, hourly rates, and other charges
2. Schedule 2 - Reporting Templates: Standard formats for various reports and updates
3. Schedule 3 - Key Personnel: List of key team members and their roles in litigation management
4. Schedule 4 - Service Level Standards: Specific performance metrics and service standards
5. Appendix A - Power of Attorney: Standard format for power of attorney when required
6. Appendix B - Communication Matrix: Detailed contact information and escalation procedures
7. Appendix C - Document Checklist: Standard checklist of documents required for different types of litigation
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