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How to Cut Your Organization’s Legal Cost Without Compromise

Posted on June 1, 2019 in Uncategorized

What is Legal retainer-ship?

In today’s complex legal environment the corporate entities and professionals need to be very careful in all the commercial dealings, communications, agreements and contracts. This is because any communication can be viewed as a contract or not a binding contract by judicial forums in a later stage when litigation reaches courts. These types of communications include appointment letters, suspension letters, removal letters, email communications, statutory notices, reply to notices, warning letters, letters notifying delays, letters expressing disagreements etc., The stakes in every dealing today is also very high. Moreover certain actions have to be taken within a particular time frame otherwise negative inferences can be drawn by the courts in later stages. In such a situation, companies choose to engage a law firm with multi-discipline experience and international exposure to advise them in their day to day legal issues. Such an arrangement helps the companies to get expert advice under one roof in a pre-determined cost for the services what they are going to avail from that firm. Law-Senate law firm is serving many companies on “Annual retainer-ship basis” which helps the companies to get quality legal consultation without worrying about the bills, since the fee is fixed in advance for a year, on the basis of the budgeted work load for all non-litigation work. Later even if the work load increases the determined fee will not be changed within that one year period.

How Law Firm Legal Retainer Ship will facilitate You

There are few facts you must know about Law Senate Legal Retainer Ship, which will clear you why legal retainer ship should be availed:

  • Un-limited non-litigation legal Service in fixed cost: The Firm agrees on a fixed annual fee for un-limited chamber legal work including consultation, settling of contracts, settling of legal documents, settling of legal communication, labor related documentation, employment related documentation, issuing legal notices, responding to legal notices, arbitration notices, demand notices etc., The Firm has lawyers from various branches of law in its panel and in-house to respond to the consultation requests from the clients on issues arising out of various branches of law. The Firm also allots a dedicated lawyer for ensuring customer friendly communication and effective service. The clients can use email, courier or personal consultation to get their issues resolved. For example in case of settling of legal documentation, the client can email the proposed draft of the document to the firm’s dedicated lawyer. The dedicated lawyer will get the response and comments of the relevant lawyer and inform the client within the pre-fixed time. Hence the specialty of the whole process is the customer friendly, high quality, swift and cost effective administration of the required legal services. The said fixed annual fee is excluding Litigation, arbitration, drafting of contracts and appearance before authorities and tribunals. The above said fixed fee is not uniform for all, it is finalized after estimation of work and the size of the Company.
  • Litigation & Representation Services in pre-determined fee schedule: The Firm will handle almost all types of litigation, arbitration and appearance before authorities in a predetermined fee schedule on case to case basis. The lawyers of the Firm regularly appear in Supreme Court of India, High courts, Competition Commission of India, Consumer Courts, National Consumer Commission, EPF Appellate Tribunal, Company Law Board, Electricity Tribunal, Mines tribunal, Petroleum tribunal, Civil Courts, Criminal Courts, Central Excise & Tax authorities, Revenue authorities etc., The Firm charges special reduced rates for the clients who engages the firm on annual retainer-ship basis. Hence this arrangement with our firm will help the clients to cut their legal costs.
  • E-reporting and online storage: It is very difficult for the Companies to get them updated about the pending cases from the old style lawyers. But Law-senate law Firm sends periodical (Weekly/ monthly) reports about the pending cases and matters to each of its client. The Firm also has the facility of e-storage of documents, even in a later stage after many years, the firm can supply copies of the documents from its e-storage points. Since law-senate is a modern law firm with all modern facilities and technology it serves its clients with Zero error quality.

Conventional Legal advice Models:
Earlier Companies used to appoint independent lawyers and pay them separately for consultations, settling legal documents, legal documentation and appearance in various Courts and tribunals. This model gives surprises and financial strain to the Companies since the expenses under legal heads are neither predetermined nor pre-budgeted. Hence the Companies in their endeavor to cut legal costs ended up in low quality and un-professional legal services which resulted in losing of cases etc.,

Appointing in-house counsel or law officers:

To handle above said legal matters some companies choose to appoint their own in-house counsel or law officers. The appointment of in-house counsel or law officers may improve the situation but will not lead to the full solution for the following reasons:

  • Appointing experienced law officers is very expensive in the current salary market. Hence small, medium companies and professionals can afford only a newly graduated or less experienced in-house counsel. Such a less experienced person may be doing only the co-ordination work between independent lawyers and the company.
  • Even if experienced people are appointed they will have their expertise in a few fields of law only. Hence they need to consult independent lawyers on the other issues. Independent consultation is again an expensive matter and finding the correct lawyer is a challenging job.

Appointing Independent lawyers as consultants:

Law is a complex field which is growing every day. There are so-many divisions of law and hence no lawyer can claim that he/she is aware of all the divisions of law. More over independent lawyers will not be able to ensure the high quality of service due to limitations in infrastructure, facilities, staff etc.

Advantages of legal retainer-ship:

Even though there are many advantages for the small, medium industries, Professional organisations, hospitals, educational Institutions, NGOs, charitable Institutions etc., in following the legal retainer-ship model than the conventional legal adviser model, the following are the important ones,

  • Legal advice on multiple legal subjects from experts under one roof
  • Unlimited non-litigation services
  • Litigation services on a special fee schedule
  • Annual customized fixed fee for unlimited consultation and documentation services
  • Dedicated lawyer for each client
  • E-document facility
  • Periodical reporting about the pending matters

Who will be benefited from Legal retainer-ship Model?

Large companies may appoint their own team of experienced in-house counsel supported by law officers and para legal staff in view of their higher volume of legal work. They also engage big size law firms and pay for each service separately because they may not bother about the legal expenditure. But the following types of Companies and Institutions will be greatly benefited by legal retainer-ship model,

  • Medium and small size companies
  • Distributing Companies & Agencies
  • Hospitals
  • Private educational institutions
  • Schools & Colleges
  • FDI partners
  • BPOs and Call centres
  • NGOs and charity organisations
  • Professionals & Consultants etc.,

In short legal retainer ship is helpful for those organizations who are not interested in spending money for legal departments or permanent legal counsel of every practice area of Law. If you have any query about legal retainer ship then you can ask anytime.

The Four Key Advantages Of Running A School Using Education Personnel Services

Posted on May 31, 2019 in Uncategorized

In the pursuit of providing the finest education, newly established schools could overlook the need for implementing good management policies that guarantee longevity in the business. Academic institutions, after all, are a business and not just places of learning so it’s crucial for any school to make management decisions that would be a financial benefit. One of the critical aspects of running any academic institution is managing personnel. Obtaining professional education personnel services has the potential to grow and maintain any school. Here now are four key advantages to acquiring professional assistance:

Specialists in education personnel can do recruitment and hiring using the highest standards. Every business relies on the quality of its workforce to determine its outputs and schools, in particular, need to hire only the best people. From screening for qualifications to vetting for suitability, education personnel specialists have the expertise and capabilities to get the best teachers, headteachers, administrators, and other essential staff. With education personnel specialists, schools save time and money on their recruitment process.

Specialists in school support services can provide a full suite of consultation services for personnel management. These might include headteacher support, early retirement and/or redundancies, staff audits, absence management, job evaluations and recommendations, reorganisation, pay and working conditions, and development of human resources policies. Essentially, the consultation services make it easy for any academic institution to focus on developing and implementing the curriculum while being assured that everything is running as smoothly as possible.

Specialists in education services can help the school staff to improve in how they perform their work by recommending the right type of training. From headteachers to administrators, every school personnel will acquire critical skills and knowledge in handling discipline and grievances, performance management, conducting investigations, and other concerns that apply.

Providers of education HR Services can help schools when legal issues need to be addressed. Whether it’s recognising recent amendments to the education system or handling conflicts regarding admissions, every school needs to be prepared well to resolve any legal matter. Some education support specialists can merely consult, but it would be preferable to have a firm that also has ties with law firms because this could help schools minimise on legal costs.

A school is a place of learning. But whether it’s a prep school or a university, it is still a business. It would be wise for any academic institution then to implement management policies and decisions that enable it to prosper as a commercial institution. And experts in personnel and school support can do just that.

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Making Sure Your Special Needs Child Gets the Education They Need

Posted on May 29, 2019 in Uncategorized

To the uninitiated, the world of special education may seem like a maze or like learning a foreign language. As a parent you see your child struggling academically, behaviorally, or socially and you just want to make sure s/he receives the educational services needed in order to succeed in school and in life. When it comes to providing services for special needs children, not every school district is the same. Some are more likely to provide services while others are stingier about providing services or even recognizing that services are needed. Special education identification and service delivery are guided by federal and state laws; sometimes these laws can be misinterpreted by districts, schools, or individual educators. It is important to keep in mind that all school systems have a law firm on their side when it comes to interpretation of the laws. As your child’s primary advocate this may seem daunting; however, if you remain calm, do a little research, and document your concerns and communications with the school your child will receive the services s/he needs.

Prior to services being delivered a referral to determine whether an evaluation needs to take place needs to be made by a parent/guardian, teacher, or pediatrician. An initial individual education plan (IEP) meeting takes place that documents the reason for the referral and it should specifically outline what questions the IEP team wants answered. It is important for you to voice and outline your concerns during this initial meeting because your input is important to what happens next. Evaluations need to be conducted by various members of the team depending upon the area(s) of concern in order to assess you child and determine what type of services s/he needs. With recent changes to how learning disabilities are legally identified in public schools, sometimes IEP teams will use data from Response to Intervention (RTI). This data usually provides information on how well your child progressed on interventions received (if any) prior to the referral. It is okay and legal for schools to use this type of data as it is very informative about how the child responds to more intensive or more frequent instruction. As a parent, you want to leave this meeting secure in the knowledge that your child will receive an appropriate evaluation that answers your concerns and that will provide specific recommendations as to what services your child needs in school.

A second IEP meeting will occur after the evaluation process is completed in order to review the results of the evaluations, determine eligibility for special education services, and determine what services, if any, your child requires to progress in school. In order to prepare for this meeting you should:

  • Insist that you receive written copies of the evaluation reports five days prior to the meeting.
  • Read through the reports, highlight or underline anything that stands out or concerns you, and jot down questions about anything you don’t understand. Reports are sometimes full of unnecessary professional jargon and you should ask for explanations about anything you need clarification on. Every profession has its own terminology and no one expects you to get a degree in education in order to advocate for your child.
  • Ask that the professionals who conducted the evaluations to call you to review and explain the results after you receive the reports.
  • Write down any questions that you have that haven’t been answered and bring them with you to the IEP meeting.

At the second IEP meeting, the team will review the evaluation results and determine eligibility for special education services. An individualized education program will be developed if your child qualifies for services. Remember, this program should be individualized to your child and his/her unique learning, social, or emotional needs. Some questions to ask include:

  • How is that different than the regular curriculum?
  • What is going to be done to ensure that my child catches up/is ready for the next grade?
  • What individual modifications and accommodations are going to be implemented?
  • How is success/progress going to be measured and who measures it?
  • How often will I be informed of my child’s progress?
  • Who is going to be in charge of managing the plan?
  • How will other teachers be informed of my child’s needs?

When the team is able to answer these questions to your satisfaction you can be reasonably assured that they will provide services to meet your child’s needs. It is important that you take notes during the meeting because five days after the meeting you will receive your child’s Individualized Education Plan. This is a legal document that outlines the services that the district has agreed to provide to your child. The services in this document should correspond to your understanding of what took place during the IEP meeting. That’s why it is always good to take meticulous notes at these meetings. You should call the school and speak with your child’s case manager (this will be documented in the IEP, usually on the first page) and ask for clarification of anything that doesn’t match what you wrote or heard during the meeting.

If your child does not qualify for services and you are still very concerned that they need services in order to succeed, you can ask that the school provide RTI services, often this is already in place, will continue, and may be the reason why your child didn’t qualify for services, or you can ask for an independent evaluation. This independent evaluation is conducted by a professional who is unaffiliated with the school district and who is usually mutually agreed upon by you and the district.

What do I do if the school refuses to listen or just doesn’t seem to get my concerns?

In this case you have a few options. The first thing you should do is bring a digital recorder to IEP meetings and record them. The team is usually more careful about what they say and how they say it when they know they are being recorded. Keep a copy of these recordings. Secondly, you can call your state department of education and speak with an educational consultant. Most are eager to help parents and answer questions. Many states have a helpline that you can call that provides answers and gives directions on how to contact specific state and local agencies that will help you. You can call an advocate or educational lawyer who will review your concerns and child’s records, provide you with information and direction, meet with you, and attend IEP meetings with you. This last option will cost you money but is often very helpful in extreme cases.

Remember: as a parent you know your child best and you are her/his best advocate. S/he is counting on you to be her/his voice when s/he struggles and ensure s/he receives the appropriate services in order to succeed.

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