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Joint Retainer Agreement
"Need a Joint Retainer Agreement for a Mumbai-based law firm representing three family members in a business succession dispute, with specific provisions for maintaining family relationships and equal access to information."
1. Parties: Identification of all parties to the agreement including the law firm/lawyers and multiple clients entering into the joint retainer
2. Background: Context of the legal representation and relationship between the joint clients
3. Definitions: Key terms used throughout the agreement including 'Services', 'Joint Clients', 'Conflict of Interest', etc.
4. Scope of Services: Detailed description of legal services to be provided, including any limitations
5. Joint Representation Terms: Specific terms governing the joint nature of the representation, including information sharing and decision-making processes
6. Conflicts of Interest: Acknowledgment and waiver of potential conflicts between joint clients, and protocol for handling future conflicts
7. Fees and Payment Terms: Fee structure, payment obligations, and allocation of costs between joint clients
8. Confidentiality: Confidentiality obligations, including sharing of information between joint clients
9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
10. Communication Protocol: Procedures for communications between the lawyer and joint clients
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks for all parties and execution formalities
1. Insurance: Details of professional indemnity insurance, required if specifically requested by clients or for high-value matters
2. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration, recommended for complex arrangements
3. Intellectual Property: Provisions regarding ownership of work product, necessary when IP-related services are involved
4. Force Majeure: Provisions for unforeseen circumstances affecting service delivery, recommended for long-term engagements
5. Assignment: Rights and restrictions regarding transfer of rights under the agreement, useful for corporate clients
6. Severability: Provisions ensuring remainder of agreement stays valid if parts are found unenforceable, recommended for complex agreements
1. Schedule A - Scope of Services: Detailed breakdown of specific legal services to be provided
2. Schedule B - Fee Schedule: Detailed fee structure, hourly rates, and payment terms
3. Schedule C - Authorized Representatives: List of individuals authorized to give instructions on behalf of each joint client
4. Schedule D - Conflict Check Results: Results of initial conflict checks and identified potential conflicts
5. Appendix 1 - Communication Protocol: Detailed procedures for communications between parties
6. Appendix 2 - Document Retention Policy: Policy regarding retention and handling of client documents
Authors
Legal Services
Professional Services
Corporate
Real Estate
Family Business
Manufacturing
Technology
Financial Services
Construction
Healthcare
Legal
Compliance
Risk Management
Corporate Secretarial
Finance
Executive Leadership
Board of Directors
Corporate Governance
Operations
General Counsel
Legal Director
Chief Legal Officer
Company Secretary
Managing Director
Chief Executive Officer
Chief Financial Officer
Compliance Officer
Risk Manager
Board Director
Senior Partner
Managing Partner
Legal Operations Manager
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