Contents
- Remote drafting: intake and documents needed
- Conflict check before a remote matter
- Scope letter for remote drafting: what is included
- Turnaround and delivery in Word and PDF
- E-signing legal documents under the IT Act
- Stamp duty and registration in Kerala
Remote drafting: intake and documents needed
Remote intake records the client's identity, opposite parties, chronology, relief sought, forum, limitation dates, and documents available. Identity proof, authorisation, and source documents are collected before drafting, with gaps flagged in writing and drafting conditional on complete instructions.
High Court connectionSupports remote filing before trial courts, tribunals, and HC.
ChecklistID + authorisation → parties/addresses → chronology → relief → limitation → documents index → language preference.
What if originals are unavailable at intake?
Draft on copies with a written flag; verify originals before filing — never invent dates or amounts.
LimitationNo fixed statutory period — capture limitation dates at intake and flag urgent matters.
Conflict check before a remote matter
A conflict check compares new parties and subject matter against past and pending matters before accepting instructions. Where a conflict or potential conflict appears, instructions are declined or appropriately limited with written reasons.
High Court connectionSupports conflict-safe intake for every forum including HC.
Checklistparty names + affiliates → subject matter → prior matters → decision recorded.
What if a conflict surfaces after acceptance?
Disclose promptly, return/transfer the brief as permitted, and decline where the conflict is non-consentable.
LimitationRun before accepting instructions — no statutory period, but continuing after notice of a conflict is the risk.
Related: BCI Rules Pt. VI.
Scope letter for remote drafting: what is included
A fee-and-scope letter states what is included — drafts, iterations, filing support — and what is excluded — court fees, stamp duty, travel, translations. It fixes the fee basis, payment stages, iteration limit, and turnaround, avoiding open-ended commitments and outcome promises.
High Court connectionSupports BCI-compliant engagement for remote HC matters.
Checklistscope → deliverables → exclusions → fee + stages → iterations → turnaround → validity.
Can fees be linked to success?
No — contingency/outcome-linked fees are not permissible; charge a fixed or stage-based professional fee.
LimitationNo fixed statutory period — fee stages and engagement validity are contractual.
Related: BCI Rules Pt. VI Ch. II.
Turnaround and delivery in Word and PDF
Turnaround depends on matter complexity and document completeness. Standard drafts are delivered as editable Word plus a paginated PDF, version-numbered, with a change log. Urgent matters require complete documents and written confirmation of priority.
High Court connectionSupports limitation-safe remote delivery to any forum.
Checklistversion No. → Word + PDF → change log → client approval → final signed PDF.
Is rush delivery guaranteed?
No — urgent matters are taken on complete documents with written priority confirmation, without promising registry outcomes or dates.
LimitationNo fixed period — turnaround is matter-specific; limitation-urgent matters are flagged and registry holidays considered.
E-signing legal documents under the IT Act
Drafts are shared as Word for correction and PDF for record. Electronic signatures are recognised under Sections 5 and 10A of the IT Act 2000 for most contracts; documents in the Act's First Schedule (wills, trusts, most powers of attorney, and negotiable instruments other than cheques and specified regulated-entity instruments) are excluded, and registration, notarisation, or attestation formalities follow their own statutes.
High Court connectionSupports e-filing and execution compliance across fora.
ChecklistWord (editable) → PDF (record) → e-sign log → execution date/place → counterpart count.
PitfallsE-signing documents that require registration or notarised attestation.
Can a document requiring registration be e-signed?
E-sign works for most contracts (IT Act ss.5/10A), but it does not dispense with registration: a registrable document must still be presented under the Registration Act within 4 months of execution (s.23), and notarisation or attestation follows its own statute.
LimitationNo fixed statutory period for e-sign itself; a registrable document must be presented within 4 months of execution (Registration Act s.23).
Stamp duty and registration in Kerala
Stamp duty and registration depend on the document type and the state of execution. Kerala Stamp Act rates apply to instruments executed in Kerala; leases from year to year, for a term exceeding one year, or reserving a yearly rent, and other instruments creating interests of Rs.100 or more in immovable property, require registration under Section 17 of the Registration Act.
High Court connectionSupports stamp/registration compliance for exhibits in any forum.
Checklistinstrument type → execution state → duty head → registration trigger → originals preserved.
Can an unstamped document be used in evidence?
Generally yes, once the duty (or deficit) and penalty are paid (Kerala Stamp Act s.34 proviso); stamping before execution is the safer course.
LimitationPresent for registration within 4 months of execution (Registration Act s.23); duty per the Kerala Stamp Act as on the execution date.
