Legal Retainership & Ongoing Corporate Legal Support
At Arvind Law Associates, we provide ongoing legal support to companies through a corporate legal retainership model, assisting management and HR teams with day-to-day legal requirements, contracts, employment documentation, workplace policies, employee-related issues and legal compliance.
Our objective is to provide businesses with accessible legal assistance at different stages of their operations, while identifying potential legal risks before they develop into disputes.
Case Study 1: Contract Drafting & Review – Protecting Commercial Interests
The Situation
A company engaged in regular commercial transactions required assistance with drafting and reviewing agreements with customers, service providers, vendors and business partners.
The company also required its agreements to clearly define commercial obligations, payment terms, confidentiality, intellectual property rights, termination provisions and allocation of liability.
Our Approach
We reviewed the company's existing contractual arrangements and assisted in preparing and revising agreements based on the nature of each transaction.
Our review focused on:
Scope of services and deliverables;
Commercial and payment terms;
Representations and warranties;
Confidentiality obligations;
Intellectual property rights;
Data protection and information security;
Indemnity provisions;
Limitation of liability;
Termination rights;
Dispute resolution; and
Governing law and jurisdiction.
Outcome
The company was provided with standardised and transaction-specific contractual documentation, enabling its commercial and HR teams to approach contractual engagements with greater clarity regarding rights, responsibilities and potential legal risks.
Key Takeaway
Well-drafted commercial agreements can help businesses clearly allocate responsibilities, manage contractual risks and reduce uncertainty in business relationships.
Case Study 2: Vendor Agreements – Managing Commercial & Legal Risk
The Situation
A corporate client engaged multiple vendors and service providers for its business operations. The company required appropriate agreements to regulate these relationships and protect its commercial interests.
Our Approach
We assisted the company in drafting and reviewing vendor agreements based on the nature of the services being provided.
The agreements were examined with particular attention to:
Scope of work;
Service levels and performance obligations;
Fees and payment terms;
Confidentiality;
Intellectual property;
Data and information security;
Compliance with applicable laws;
Sub-contracting;
Indemnity;
Limitation of liability;
Termination and transition obligations; and
Dispute resolution.
Outcome
The company was able to use a structured contractual framework for its vendor relationships, with appropriate provisions addressing the commercial and legal risks associated with third-party engagements.
Key Takeaway
Vendor agreements should be drafted around the actual nature of the services and should clearly establish the obligations and responsibilities of both parties.
Case Study 3: Employment Agreements & HR Documentation
The Situation
A growing company required assistance in standardising its employment documentation and addressing legal issues arising from its relationship with employees.
Our Approach
We assisted the company in drafting and reviewing employment-related documents, including:
Employment Agreements;
Appointment Letters;
Confidentiality and Non-Disclosure Agreements;
Consultant and Contractor Agreements;
Policies and employee undertakings;
Separation and termination documentation; and
Other HR-related legal documents.
The documentation was reviewed with reference to the nature of employment, confidentiality requirements, intellectual property, duties and responsibilities, termination provisions and applicable employment laws.
Outcome
The company developed a more structured approach to employment documentation, with greater consistency in the manner in which employment-related legal matters were documented and addressed.
Key Takeaway
Clear employment documentation helps establish the rights and obligations of employers and employees and provides an important contractual framework for managing employment relationships.
Case Study 4: Employee & Labour-Related Issues
The Situation
A corporate client required ongoing legal assistance in dealing with employee-related issues, including workplace disputes, disciplinary matters, employee grievances and separation-related concerns.
Our Approach
We assisted the management and HR team in assessing the legal aspects of employee-related issues and advised on appropriate documentation and procedural steps.
Depending on the circumstances, our assistance included:
Review of employment records;
Drafting notices and communications;
Advising on disciplinary proceedings;
Employee grievance-related matters;
Termination and separation documentation;
Settlement and exit documentation;
Legal notices and responses; and
Assistance in resolving employment-related disputes.
Outcome
The company received continuing legal assistance in dealing with employee-related issues and was able to address matters through a structured legal and documentation process.
Key Takeaway
Employment disputes often involve both legal and procedural considerations. Timely legal advice can assist employers in identifying risks and adopting appropriate documentation and processes.
Case Study 5: POSH Policy & Workplace Compliance
The Situation
A corporate client required assistance in establishing and reviewing its workplace framework relating to prevention of sexual harassment at the workplace.
Our Approach
We assisted the company with the legal and documentation aspects of its POSH framework, including:
Review and drafting of POSH policies;
Advising on statutory requirements;
Assistance relating to the Internal Committee;
Reviewing employee communications and workplace procedures;
Advising on complaint-handling procedures;
Confidentiality-related considerations; and
Assistance in addressing workplace complaints in accordance with applicable law.
Outcome
The company was assisted in establishing a structured framework for addressing workplace sexual-harassment concerns and implementing appropriate internal procedures.
Key Takeaway
A properly structured POSH framework requires more than adopting a policy document. Companies must also have appropriate internal mechanisms and procedures for dealing with complaints in accordance with applicable law.
CORPORATE LEGAL RETAINERSHIP
Your External Legal Partner
Businesses frequently require legal assistance even when a matter does not warrant separate litigation or a full-time in-house legal team.
Through our Corporate Legal Retainership Services, we provide companies with ongoing legal support for their day-to-day business and employment-related requirements.
Our Retainership Services Include
Contract & Commercial Support
Drafting and review of commercial contracts;
Vendor and service agreements;
Client and customer agreements;
Non-Disclosure Agreements;
Memoranda of Understanding;
Consultancy and professional service agreements;
Partnership and business agreements;
Amendments and addendums; and
Contractual risk review.
Employment & HR Legal Support
Employment agreements;
Appointment letters;
Consultancy and contractor agreements;
Confidentiality and IP agreements;
Employee notices and communications;
Disciplinary proceedings;
Termination and separation documentation;
Employee grievances; and
Employment-related disputes.
Workplace Compliance
POSH policies and related documentation;
Internal Committee-related assistance;
Workplace complaint procedures;
Review of HR policies;
Employment-law compliance support; and
Legal review of workplace practices.
General Corporate Legal Support
Day-to-day legal consultation;
Legal notices and replies;
Contract interpretation;
Review of business correspondence;
Legal risk identification;
Dispute-prevention advice;
Assistance in negotiations;
Coordination with management and HR teams; and
Assistance in matters requiring representation before appropriate legal forums.
How the Retainership Works
Under a legal retainership arrangement, the company has access to continuing legal assistance for its routine and recurring legal requirements.
We work with the company's management, HR, finance and operations teams to understand the business context and provide practical legal assistance at the appropriate stage.
The scope of the retainership can be structured according to the company's requirements and may cover contractual, employment, HR, compliance and general legal advisory services.
Why Companies Choose Legal Retainership
A continuing legal relationship enables a company to:
Obtain legal advice at an early stage;
Review contracts before execution;
Identify potential contractual and employment risks;
Maintain consistency in legal documentation;
Address employee-related issues systematically;
Develop and maintain appropriate workplace policies; and
Seek legal assistance before a business issue develops into a formal dispute.
At Arvind Law Associates, we aim to function as an extension of the client's business team, providing practical legal support for day-to-day corporate requirements as well as emerging legal issues.
