Welcome to Kushani Consultancy And Advisory Services Private Limited
A virtual lawyer is an attorney that can discuss legal means with their clients on the internet, usually through video chat. Although it’s common for lawyers to speak with their clients on the phone for a consultation, traditional firms will need to see their clients in person at some point.
Civil litigation is called the heart of the legal profession, as this covers almost all the legal processes that involve non-criminal matters. Attorneys specialized in Civil Litigation also called as trial lawyers or litigators advise, appear, and handle civil litigation before various courts and tribunals to resolve non-criminal disputes. They represent either defendants or plaintiffs who are involved in civil disputes. This might include mediation and negotiation to attempt to settle the case out of court. Trial lawyers may also need to take their cases to court.
Some of the popular civil law cases are as follows:
Personal Injury Tort Claims
Contract Disputes
Equitable Claims
Class Action Suits
Divorce and Family Law Disputes
Property Disputes
Criminal Litigation
Criminal litigation deals with Criminal Law. In India Criminal law is governed by three Acts, namely: The Indian Penal Code, 1860 (IPC), Code of Criminal Procedure, 1973 (Cr.PC) and the Indian Evidence Act, 1872. Criminal litigation involves trials in criminal court brought by the state against an individual. Criminal trials are sensitive and quite confidential and require stringent proofs. Here, the prosecutor must prove all elements of the crime beyond a reasonable doubt.
People generally need a team of efficient and qualified advocates with excellent skills to handle cases of criminal and quasi criminal nature including defamation, white collar crimes, economic offences, insider trading, corporate frauds, market manipulation and others. A good legal firm offers advices and guides you in the field of criminal law like:
Bail
FIR & Complaints
Economic offences
Cybercrimes
Economic offences
Family Law Litigation
A family lawyer can assist in any legal issues between members of the same family. They represent clients in court for cases majorly involving divorce, guardianship, adoption, child custody, domestic violence or almost anything else related to family law. The family lawyers look after the legal issues by concerning the need of the family members. They sometimes act as mediators to solve the family disagreement. They do legal mediation sessions by advising the clients. They also look after the civil union dissolving works.
Family lawyer can advise a range of clients, including vulnerable individuals such as children and the elderly. Family Lawyers’ recommendations on the rights and next steps vary greatly from case to case. Every family law firm is different in terms of the services they provide and the cases they handle. Some of the basic services are:
Contracts
Litigation
Appeals
Child & Spousal Support
Custody & Access
Property Division Issues
Labour Litigation
Labour law provides for a legislative framework which governs the relationship between - the employees, the employees and the employer, the rights, liabilities and obligations of the workers and their employer, and the disputes arising between them, health and welfare benefits, working conditions, safeguarding the interests of the workers and to make provisions for the wages, bonuses, Provident funds, leaves, working hours, compensations, provisions for lay-offs and retrenchments and the like, formulations and functioning of trade unions, this list is however not exhaustive but an indication of the many areas which are covered under the term labour laws.
Labour law provides for a legislative framework which governs the relationship between - the employees, the employees and the employer, the rights, liabilities and obligations of the workers and their employer, and the disputes arising between them, health and welfare benefits, working conditions, safeguarding the interests of the workers and to make provisions for the wages, bonuses, Provident funds, leaves, working hours, compensations, provisions for lay-offs and retrenchments and the like, formulations and functioning of trade unions, this list is however not exhaustive but an indication of the many areas which are covered under the term labour laws.
M.A.C.T Litigation
Motor Accidents Claims Tribunal (MACT) is a special court which deals with matters arising out of the motor accidents wherein the victims or the dependents of the deceased file for compensation against the owner of the vehicle, driver and the concerned insurance company. Thus, MACT deal with claims relating to loss of life and/ or property and injury cases that result from Motor Accidents.
Banking Litigation
The banking and finance lawyers deal in matters pertaining to the borrowing and lending transactions and the laws related banking sector. The Indian banking sector is regulated by the Reserve Bank of India Act 1934 (RBI Act) and the Banking Regulation Act 1949 (BR Act), also the Foreign Exchange Management Act 1999 (FEMA) that regulates cross-border exchange transactions by Indian entities, including banks. The banking lawyers help handling matters of mortgage, real estate cases, contract, insurance, indemnity, foreign exchange investment, ombudsman complaint, consumer case, cross-border transactions, taxation to overall operations of banks.
One needs a top-rated banking and finance lawyer to deal with the complex matters falling under Indian Contract Act, SARFAESI, DRT, RBI (including, notifications, circulars, master circulars), Transfer of Property Act or any other banking and finance legal requirements. The various services provided by the banking / financial lawyers include
Constitutional law establishes rules and procedures by which governments legislate, or make laws. For example, the process for enacting new laws or amending existing laws, the method of amending the constitution and the number of terms or years a member of the legislative body may serve.
Corporate Litigation
Corporate litigation is not just about one business suing another. It also includes legal proceedings having anything to do with a firm or corporation, and include measures taken to avoid litigation as well as litigating and managing business disputes. Recommended reading: NCLT and Corporate Law related legal issues.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to an arbitrator or to a tribunal of several arbitrators who give a decision on the dispute that is binding on the parties. By choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to the court.
Arbitration attorneys act as the presiding authority in arbitration proceeding. Alternate Dispute Resolution is considered as a good alternative to traditional litigation, where arbitration lawyers recognize that arbitration results from a negotiated agreement and that parties’ willingness to trade off procedural protections available in court in return for a faster, binding and more efficient result. An Arbitration / Alternative Dispute Resolution (ADR) lawyer uses out-of-court processes like arbitration, mediation, or mini-trials to resolve disputes. Generally, in India the types of the arbitration process are classified into three:
Ad hoc arbitration
Institutional arbitration
Fast track arbitration
N C L T Matters
The National Company Law Tribunal is a quasi-judicial organisation tasked with regulating and resolving commercial disputes. Article 245 of the Indian Constitution provided the authority to establish the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT), and the tribunal was constituted by the Companies Act, 2013.
NCLT is also the adjudicating authority for insolvency resolution processes of businesses and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016.
I P R Litigation
Intellectual Property Rights, also known as IPRs are legal rights that protect creations and inventions resulting from intellectual activity in the spheres of industry, science, literature, or art. The most common IPRs include patents, copyrights, trademarks, and trade secrets.
Legal firms specialized in IPR, render services in Trademark, Copyright and Design, Geographical Indication and Patent litigation, filing, prosecution, registration of IPRs including renewals, licensing, and enforcement. Such legal firms also provide services for other IPRs like Domain Names, Unfair-Trade Practices, Trade Secrets, Parallel Imports and Anti-Counterfeiting. While choosing an IPR firm, one must evaluate if the company has of dedicated team of experienced IPR lawyers, Patent Agents, Patent, Copyright and Design Consultants, who have not only excelled in their fields of practice but also own the state of art technology, office facilities and an extensive library.
Contracts Negotiation
Non-contractual draft
Registration of IPR
Enforcement of IP
Portfolio management
Creation of risk mitigation strategies
Real Estate Litigation
Real estate law is a matter for state and local jurisdictions. Real estate law encompasses the purchase or sale of a property, mining land and any structures on it. It also covers legal issues related to anything that is attached to that property or structures, such as appliances and fixtures.
Lawyers who specialize in real estate law ensure that proper procedures are followed during the acquisition or sale of property. They are also involved in matters like how a property should be zoned for usage. Real estate law covers deeds, property taxes, estate planning, zoning, and titles. A real estate attorney prepares and reviews all the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests.
Real estate laws vary from state to state and depends on local government. Attorneys must be licensed to practice in the state where the transaction is taking place and must stay abreast of any state or local developments that could impact a transaction.