Specialized Civil Claims

Scope of Work

• Initial Consultation: One 45 to 60 minute consultation (in person or virtual) to understand the grievance, such as Medical Negligence, Harassment, or Financial Fraud.
• Document Review: Analysis of primary evidence including bounced cheque memos, hospital discharge summaries, or disputed contracts.
• Drafting: Preparation of a strong, statute specific Legal Notice citing relevant sections like Section 138 NI Act, Consumer Protection Act, or POSH Act.
• Review Cycle: One round of iteration and modifications based on feedback before finalization.

Execution and Logistics

• Dispatch: Sending the notice via Registered Post with Acknowledgement Due (RPAD) and Speed Post to ensure legal validity.
• Tracking: Sharing of tracking consignment numbers and preservation of postal receipts for court evidence.
• Digital Copy: Provision of a signed, scanned copy of the final notice for records.

Fine Print and Exclusions

• Reply Drafting: This item does not cover drafting a rejoinder if the opposite party responds.
• Wait Period: Includes advisory on the mandatory statutory wait period before further action can be taken.

Core Litigation Services

• Case Strategy: Formulation of legal strategy based on the bounced cheque, return memo, and legal notice history.
• Complaint Drafting: Detailed drafting of the Private Complaint under Section 138 of the Negotiable Instruments Act or relevant Fraud sections.
• Court Filing: Physical filing of the case in the appropriate Magistrate Court having jurisdiction.
• Vakalatnama: Execution and filing of the Power of Attorney authorizing representation.

Court Appearances (Initial Stage)

• Sworn Statement: Preparation and assistance during the stage where the complainant's initial evidence is recorded by the judge.
• Summons Issuance: Legal arguments to convince the Magistrate to take cognizance and issue summons to the accused.
• Clerkage: Handling of court file expenses, steno charges, and file maintenance fees for the filing stage.

Nuances and Limitations

• Exclusion: Does not include Per Hearing appearance fees once the trial commences (Cross examination or Defense evidence stage).
• Court Fees: Statutory Court Fees based on cheque amount are payable additionally at actuals.

Pre Litigation Preparation

• Evidence Marshaling: In depth review of sensitive documents like medical case files, internal inquiry reports, or disability certificates.
• Expert Coordination: Coordinating with external subject matter experts if required to strengthen legal grounds (expert fees paid separately).
• Case Law Research: Researching relevant High Court and Supreme Court precedents to support the claim.

Drafting and Filing

• Plaint Construction: Drafting a comprehensive Consumer Complaint or Civil Plaint detailing the timeline, negligence specifics, and quantification of damages.
• Jurisdiction Analysis: Identifying the correct forum (District Consumer Commission, Civil Court, or Tribunal) based on pecuniary jurisdiction.
• Filing Process: Managing the entire registry procedure, removing office objections, and ensuring the case is listed.

Admission Stage Representation

• First Hearing Arguments: Representation by a senior advocate at the Admission hearing to ensure the court admits the case and issues notice.
• Interim Reliefs: Drafting and arguing applications for any urgent interim relief, such as stay orders or record disclosures.

Strategic Details

• Duration: Covers work up until the Notice Issued stage. Subsequent trial stages are typically billed per hearing.