Agreement between a Solicitor and Articled Clerk
This articled clerkship deed, made the …………… day of ………….. 20….. between AB of etc., a solicitor of the High Court ……………. (hereinafter called the solicitor) of the First Part, and CD of etc., (hereinafter called the articled clerk) of the Second Part:
Witnesseth, and it is hereby agreed and declared as follows:
1. The articled clerk, of his own free will and accord hereby places and binds himself to the solicitor as a candidate to serve under him honestly and faithfully in his profession of a solicitor from the date hereof for the term of ……….. years.
2. The articled clerk do hereby covenants with the solicitor as follows:
(i) That the articled clerk will faithfully and diligently serve the solicitor as his assistant and will not at any time cancel, spoil, destroy, waste, spend nor tamper with or destroy or do any other mischief to any of the books, papers, writing, stamps or other property belonging to the solicitor or his firm or to any of his clients.
(ii) That the articled clerk shall not serve under any other solicitor nor in any other commercial or industrial firm or company nor participate in any trade or business nor otherwise carry on any business in competition with that of the solicitor.
(iii) That the articled clerk will, at all times during the said term of article period, preserve the secret of the solicitor and his firm, and readily and cheerfully obey and execute the lawful and reasonable commands of the solicitor and his partners, behave properly with the solicitor and his partners and their staff employed by them and their clients and will not absent himself nor keep aloof from his duties at any time during the said term without the previous consent of the solicitor, but will, from time to time, and at all times during the said term, conduct himself with all due loyalty, obedience, diligence, honesty and propriety.
3. That in case the articled clerk shall commit a breach of the foregoing covenant or if the solicitor or his firm shall sustain or suffer any loss, damage or prejudice by reason of any wilful act, default, neglect or improper conduct on his part, then and in such an event the articled clerk shall be liable to indemnify the solicitor and his firm on that account.
4. In consideration of the foregoing covenants and of the sum of Rs. ………. now paid as premium to the solicitor (the receipt of which sum the solicitor, hereby acknowledges), the solicitor hereby covenants with the articled clerk that the solicitor will accept and take the articled clerk as his assistant and will by best manner, and the utmost of his skill and knowledge give lessons on and teach and instruct him or cause to be taught and instructed in the practice or profession of a solicitor, and also will give him all reasonable facilities to learn the work of a solicitor and allow him while serving under these articles to study the course of legal education at the Law College as provided or approved by statute in force from time to time.
5. The solicitor will at the expiration of the said term use his best endeavours to cause him to be admitted and enrolled as a solicitor of the High Court, provided the clerk shall have well, faithfully and diligently served his said clerkship, and shall have successfully passed all such examinations as articled clerks are by law or custom bound to pass before being admitted to practise as solicitors.
6. The solicitor hereby further covenants that if the solicitor or the clerk dies within the first three years of the said term, then the solicitor or his representatives will repay to the articled clerk or his personal representative such portion of the said premium of Rs. …………… as is hereinafter mentioned (that is to say).
(i) If such death happens before the expiration of the first year of the said term the sum of Rs. …………
(ii) If such death happens after the expiration of the first year and before the expiration of the second year of the said term the sum of Rs. ……. and
(iii) If such death happens after the expiration of the second year and before the expiration of the third year of the said term, the sum of Rs. ……….
In witness, the solicitor and the articled clerk have hereunto set and subscribed their respective hands and seals the day, month and year first above-written.
Signed, sealed and delivered