Download the Client Intake Checklist! Ah, the client intake process — unquestionably one of the most time-consuming and laborious parts of being a lawyer. Yet, like it or not, it is one of the most critical elements of ensuring your law firm’s success. So don’t screw it up! First impressions are everything in life, and onboarding your new clients is no exception. Why would a client be compelled to hire you if you never get back to their initial phone call or take too long? Exactly. First impressions count. That’s why you need to make sure you have an effective, streamlined intake system in place. Don’t have one in place yet? Don’t panic! The good news is that it’s never too late to take the reins and turn things around. We’ve created this comprehensive Client Intake Checklist to get you started, including tips on how to automate several pieces of the onboarding process. Here’s a quick look at what’s inside (you can download the complete checklist here): 1. Think Like a CEO The first step is adopting the mindset that your law firm is a business. 2. Develop a Process In the absence of a systematic intake process, a law firm quickly becomes chaotic. Leads are never followed up, opportunities are squandered, revenue is lost. 3. Follow Up Right Away For years, studies have continued to show that long response times affect closing deals. A recent survey showed that 42% of the time, law firms take an average of three or more days to get back to a message from a new client. 4. Pre-screen Your Clients Before the initial consultation, it’s important to pre-screen. Not every lead that comes to your firm is going to be the right fit for you, and that’s just the way it is. 5.

Setting out of office reply in outlook. If your firm’s email is running via Microsoft Exchange Server, you can set up a separate outgoing out of office email to go to internal and external contacts — and even get it to turn itself off automatically when you’re scheduled to return. Using Microsoft Exchange’s Out of Office Feature If you’ve got Microsoft Exchange Server running your email, then you’ve got access to Outlook’s Automatic Replies, aka out of office feature. This feature sends one out of office message to each sender you receive a message from while you’re away. To get to this screen, click the File tab in Outlook (the Tools menu on the ribbon on Macs).The Automatic Replies dialog box is available when you click the Automatic Replies button.Once you’re in the Automatic Replies dialog box, you turn on Out of Office by clicking the radio button next to “Send automatic replies.” Notice that directly underneath, you can set a start and end date and time so you don’t have to remember to turn this on immediately before you leave the office or when you return. Outlook can take care of that for you. Send Different Out of Office Replies to Different People Also notice that, on the two tabs below the date range, you can customize the message going to people inside your office versus people outside of it. You may want to give more details about your whereabouts and any while-you’re-away contact information to your co-workers, but tell the outside world you’re simply out and whom to contact in your absence. (For more on this, see my post “Beware the Four Most Dangerous Outlook Features for Lawyers.”) Simply type the text of the outgoing email to your co-workers into the Inside My Organization tab, then switch to

Maitreyi Choalla, a student of Gujarat National Law University explains the nuances of Amendment of Pleadings under Order VI, Rule 17 of Civil Procedure Code, 1908 bstract In most cases, a country’s judicial system is designed to uphold the rule of law. Considering this principle, parties in a civil suit enjoyed unrestricted access to modify their pleadings under Order VI Rule 17 of the Indian Civil Procedure Code, 1908. Concerns were brought to the Courts that such modifications or amendment of pleadings harmed the opposite party as well as slowed down the process of civil proceedings, resulting in piling up of cases. As a result, the Code of Civil Procedure (Amendment) Act, 1999 had removed this clause, However, this move witnessed a negative reaction by both law professionals and general populace. Therefore, the Code of Civil Procedure (Amendment) Act, 2002 had reinstated the same, albeit with a caveat. This study aims to explore these changes and assess the scope and judicial interpretation of amendment of pleadings in Civil procedure with a doctrinal legal research method by using primary sources like cases, statutes, legal commentary and reports. Keywords- Amendment of Pleadings, Civil Procedure Code 1908 Introduction The principle followed in Civil Procedural Law is that the Court procedures and rules are designed to achieve substantial justice. Order VI Rule 17 is an example of such procedural law that is designed to serve justice to the parties by giving them a chance to amend their pleadings where it appears to be necessary. The word ‘pleading’ in ‘amendment of pleadings’ can be understood by Order VI Rule 1 of the Civil Procedure Code(CPC), 1908. It defines a Pleading broadly `as a plaint or a written statement.[1] While a Plaint is a formal statement filed by a Plaintiff to substantiate his claim, similarly a

The Apex Court, while hearing a review petition, observed that in case repeated cases and complaints are being filed against a spouse, the same can amount to “cruelty” for the purpose of seeking divorce under the Hindu Marriage Act. The bench further referred to such conducts and observed that even though repeated filing of cases occurred after the divorce petition, the husband would be eligible to seek divorce on ground of irretrievable marriage and cruelty. In the instant case, the wife left the company of her husband on the first day of marriage. Upon her refusal to stay with her husband, the latter filed for a divorce on the ground of cruelty. The trial court allowed the divorce petition, and later, the same had been restored by the High Court. Subsequently, the wife preferred a review petition questioning the jurisdiction of High Court to allow the decree of divorce, and the same had been allowed. The bench noted that after the filing of divorce petition, the respondent-wife had resorted to filing multiple cases in courts, including disciplinary proceedings against her husband who worked as an Assistant Professor, made representation before his college to initiate disciplinary proceedings, sought information about her husband’s remarriage, abused the process of RTI. Moreover, the respondent-wife lodged a criminal complaint under Section 494 of Indian Penal Code. The bench observed that such continued acts displayed disintegration of marital unity and parties’ marriage. Further, it stated that continuous allegations and litigative proceedings amounted to cruelty. The bench placed reliance on a number of precedents and explained legislature’s reluctance in introducing irretrievable breakdown as a ground for divorce. It further observed that families are arranged on the idea of mutual expectation of support, respect and amity, which had been missing in the instant case. The Supreme Court therefore,

The Madhya Pradesh High Court, while refusing to quash the FIR, held that acquiring consent of prosecutrix for sexual act, under the garb of false promise of re-employment, does not constitute “free consent” rather, amounts to consent obtained under misconception of fact. The single-judge bench refused to quash the FIR filed by the receptionist against the Director of a hospital. In the instant case, the victim alleged that she had received an appointment letter for the post of receptionist in a hospital by the director/accused of the hospital. According to the victim, the accused had violated her sexually on multiple occasions. The prosecutrix further alleged that the accused sexually violated her on the pretext of giving her the job. The accused had also pressurized the prosecutrix to indulge in sexual activities with other persons as well. The prosecutrix disagreed for the same, and her services were terminated. Later, on the pretext of reinstatement, the applicant/accused had again sexually violated her but did not give her the job. Consequently, she lodged an FIR against the applicant/accused under Sections 294, 323, 376(2)(n), and 506 of Indian Penal Code, and under various provisions provided under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The bench reasoned its stand by stating that victim was an employee of applicant and applicant being the employer, had been in a position to dominate her wishes. Furthermore, it observed that the consent, at the time of re-employment, had been acquired in light of misconception of fact (that she would be given the reinstatement) under Section 90 of IPC. The bench therefore, ruled out all submissions of applicant and concluded that it failed to make out a case for quashing of an FIR. The post False promise of re-employment does not come within the ambit

The Madras High Court, while hearing a Public Interest Litigation, condemned the act of printing photographs of Chief Ministers and other public authorities, for their personal interest, on the school-going children’s textbooks and bags. The division bench further termed such practice as “abhorring” and observed that textbooks and bags are meant for school-going children who do not even have a right to vote. It directed the State to discontinue the aforesaid practice with immediate effect. In the instant case, PIL had been filed and sought for directions to ensure that unused stocks of school textbooks, stationery, and bags should not carry photographs of Chief Ministers on the ground the adequate amount of money is expended for the said purpose. The State defended its stance by relying on a statement which had been issued by current Chief Minister MK Stalin wherein he stipulated that government would use school bags, stationery and textbooks until all are exhausted in order to prevent their wastage. The bench noted the statement issued by current Chief Minister in the State Assembly and disposed of the petition. However, it directed the State to undertake extreme care and precaution while using public funds and that the same ought not to be used for publicity purposes. It further directed the State that the photographs of Chief Ministers be restricted to newspapers and some hoardings. The post Madras HC reprimanded usage of public funds in displaying photos of CMs on school textbooks and bags appeared first on LexForti Legal News & Journal. Did you miss our previous article… https://www.itcse.org/?p=349 Randy Reidwww.itcse.org

The Apex Court, while issuing a notice in a plea filed by Central Government, stayed the proceedings under a petition which had been filed before the Kerala High Court to challenge the grant of 10% reservation in jobs and admissions to the candidates falling under the category of Economically Weaker Sections (EWS). The Central Government had sought for a transfer of the petition from Kerala High Court to the Apex Court on the ground that the instant court had already seized the matter. The petitioner in his petition contended that the Articles inserted by way of 103rd Constitutional Amendment stand invalid as it extended reservation to EWS on ground of economic growth. The petition filed before the Kerala HC is not one of its kind against the reservation which has been extended to the economically weaker sections. According to a record, a batch of petitions have been pending before the Supreme Court which have unanimously challenged the validity of 103rd Constitutional Amendment. The new amendment to the Indian Constitution provides horizontal reservation for economically weaker sections in jobs and education. By virtue of Articles 15(6) and 16(6), the EWS quota of 10% would be in addition to the earlier reservations i.e. SC, ST and OBC. At the time of former CJI, Justice SA Bobde, similar issues had been referred to a 5-judge bench in the case of Janhit Abhiyan v Union of India. The bench raised the issues- whether posts could be reserved solely on the basis of economic criterion, and whether EWS quota in excess of 50% ceiling limit justifiable. The bench led by former CJI had observed that the issue involves substantial question of law and ought to be resolved as it concerns the upliftment of EWS, but not at the cost of culmination of opportunities for the

Introduction The Industrial Relations Code, 2020 is one of four Labour Codes included in the Central Government’s largest reform scheme in decades. It incorporates three major Central laws pertaining to industrial dispute resolution and collective bargaining arrangements, namely: The Industrial Disputes Act, 1947The Trade Unions Act, 1926Industrial Employment (Standing Orders) Act, 1946 The Industrial Disputes Act, 1947 aimed to provide workers with a mechanism that gives them relief against layoffs, retrenchment, and wrongful dismissal that is against the letter of the law. It also aimed to promote good labor relations by limiting the scope for illegal strikes and lockouts and penalizing unfair labor practices. As a result, it included a dispute resolution mechanism as well as restrictions on layoffs, retrenchment, and lockouts to ensure that collective bargaining could take place in a friendly environment. The Trade Unions Act, 1926 aimed to provide workers with better working conditions, higher wages, protection from predatory employment, and a fair share of the company’s profits, and to that end, it granted workers the right to form an association and bargain collectively. The Industrial Employment (Standing Orders) Act, 1946 aimed at providing standardized terms and conditions of work to all workmen in a particular establishment. As a result, the practice of having discriminatory employment contracts was abolished, and employees were made aware of their rights. It promoted industrial peace and harmony by ensuring fair labor practices for employers. Scope and Applicability of the Code The Industrial Relations Code, 2020 is intended to consolidate and amend the laws governing Trade Unionsworking conditions in Industrial Establishments, and the swift resolution of industrial disputes. The code regulates the subsequent areas: Registration of Trade UnionCancellation of Trade UnionAlteration in Name of Trade UnionFormation of Work CommitteeIncorporation of a Registered Trade UnionRecognition of Negotiating UnionPreparation of Standing OrderRegister of Standing OrderConstitution of

The Apex Court, while allowing an appeal, gave a wide interpretation to Section 166 of Motor Vehicle Act and made an observation that a “dependent” mother-in-law of a deceased can rightfully file motor accident claim petition. In the instant case, the High Court of Kerala had held that petitioner (mother-in-law) could not be entitled to be a legal representative under Section 166 of Motor Vehicle Act and thus dismissed her petition. The petitioner then approached the Supreme Court by way of an appeal. The counsel on behalf of petitioner contended that petitioner had been living with the deceased and his family members and thereby is entitled to be treated as a legal representative for the purpose of determining the compensation. The counsel further raised the issue whether the High Court had been justified in precluding petitioner as a legal representative of deceased. The bench addressed the issue by noting that Motor Vehicle Act does not explicitly define “legal representative.” The bench defined the term as person who has been legally empowered to represent the estate of deceased person and receive compensatory benefits. The bench clarified that a legal representative might not necessarily be a legal heir. Moreover, it emphasized on the fact that the term be given wider interpretative w.r.t the Chapter XII of Motor Vehicle Act and not be confined to spouse, parents and children of deceased. The bench highlighted the objective of this legislative, which is to provide monetary relief to the family of victims, and called for liberal interpretation in order to accomplish the underlying objective. The bench also observed that nowadays it is not uncommon for the Indian Society to see a mother-in-law residing with her daughter and son-in-law. It agreed to the fact that mother-in-law can be a dependent on her son-in-law for maintenance. The

The Supreme Court gave its order on the Pegasus Snooping case by stating that the petition raised an “Orwellian concern” about the alleged possibility of misusing the 21st century technology for the purpose of hearing, seeing and knowing information which had been supposed to be known by respective individual. The bench headed by Chief Justice of India had made several observations regarding the allegations against the government for intruding the privacy of general public. It observed that it is its duty to uphold the constitutional expectations, rule of law and principles of natural justice without being affected by political rhetoric. However, it clarified that political thicket would not under any circumstance prevent the judiciary from raising voice against abuse of fundamental rights. It addressed the issue of vulnerability of data stored in the cloud and stated that the technology can be useful and at the same time, might breach one’s private space by sharing the information with unauthorized authorities. The Apex Court’s take on breach of individual’s privacy included every citizen’s right to be protected against violations of privacy. The bench reiterated that restrictions, if any, should pass the constitutional scrutiny as the restrictions ought to bear reasonable explanation. Furthermore, the bench observed that surveillance is permitted, only when the statute provides so. Unless the surveillance runs on constitutional grounds, it could not be questioned by judiciary. However, the alleged intrusion/surveillance had been conducted without any mention of national security or national interest. The bench also highlighted the protection to journalistic sources as the same remains primary condition for the freedom of press. The snooping techniques had potential chilling effect and had raised grave allegation on the infringement of basic fundamental rights. The bench upheld the celebrated values like governmental transparency and openness as the same ensure free flow of