The Pro Bono Retainer Agreement serves as a foundational document for establishing free legal service arrangements in India, typically used when law firms or attorneys provide legal services to individuals or organizations unable to afford legal representation. This document is essential in the Indian legal context, where it must comply with the Advocates Act, 1961, Bar Council of India Rules, and professional conduct regulations. The agreement covers crucial aspects such as scope of services, confidentiality, conflicts of interest, and termination rights, while explicitly stating the pro bono nature of the relationship. It's particularly relevant in cases involving public interest litigation, social justice causes, or assistance to underprivileged clients, and helps ensure both parties understand their rights and obligations in the pro bono relationship.
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1. Parties: Identification of the attorney/law firm and the pro bono client, including full legal names and contact details
2. Background: Context of the pro bono representation, including how the client was referred and basic nature of legal needs
3. Definitions: Key terms used throughout the agreement defined for clarity
4. Scope of Services: Detailed description of legal services to be provided, specific matters covered, and any limitations
5. Pro Bono Nature of Services: Clear statement that services are provided free of charge and explanation of what expenses, if any, client might be responsible for
6. Client Responsibilities: Outline of client's obligations including providing accurate information and timely communication
7. Term and Termination: Duration of the agreement and circumstances under which either party may terminate the relationship
8. Confidentiality: Terms regarding attorney-client privilege and handling of confidential information
9. Conflicts of Interest: Acknowledgment of current conflicts check and procedure for handling potential future conflicts
10. Communication: Methods and expectations for attorney-client communications
11. File Retention: Policies regarding maintenance and retention of client files and documents
12. Governing Law: Specification that the agreement is governed by Indian law and relevant Bar Council regulations
1. Limited Scope Representation: Used when services are limited to specific aspects of a legal matter rather than full representation
2. Referral Arrangements: Include when matter may require referral to other attorneys or specialists
3. Pro Bono Program Requirements: Include when representation is part of a specific pro bono program with additional requirements
4. Language Assistance: Include when client requires translation or interpretation services
5. Court Costs and Filing Fees: Include when there may be court costs or filing fees despite pro bono representation
6. Publicity and Recognition: Include when firm may want to publicize pro bono work (with client consent)
7. Insurance Coverage: Include when professional liability insurance coverage needs to be specifically addressed
1. Schedule A - Scope of Services: Detailed outline of specific legal services to be provided
2. Schedule B - Client Information Form: Detailed client information and background relevant to the representation
3. Schedule C - Conflicts Check: Results of initial conflicts check and identified potential conflicts
4. Schedule D - Expense Policy: Detailed policy regarding handling of any expenses or disbursements
5. Appendix 1 - Contact Information: Comprehensive contact information for all relevant parties and team members
6. Appendix 2 - Document Checklist: List of documents required from client for the representation
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