Agreement between Firm of Solicitors and Managing Clerk
An agreement, made the …………… day of ………… 1999 between AB, CD and EF etc., practising as solicitors at, etc., under the style of the firm of AB & Co. (hereinafter called the solicitors) of the One Part, and GH of, etc., (hereinafter called the managing clerk), of the Other Part: Whereby it is agreed as follows:
1. In consideration of good, faithful and diligent services to be rendered and the duties to be performed, the solicitors hereby engage the managing clerk to serve the said solicitors in their profession as aforesaid for the term of ………. years with effect from the ……….. day of ………….., or earlier determination thereof as hereunder provided any time during the continuity of such service by either party upon giving to the other …………… calendar months’ notice in writing of their intention to that effect.
2. The working hours of the managing clerk shall be normally from 10.30 am to 6 pm on week days and from 10.30 am to 2 pm on Saturdays. Provided, however, the managing clerk shall whenever required by the solicitors attend on counsel and also clients even after the normal hours of business without, however, any extra remuneration on that account.
3. The managing clerk will devote his whole-time attention, and all his abilities and energies during office hours (subject to the usual or reasonable holidays) exclusively to the work of the said solicitors and will not absent himself therefrom without the consent of the solicitors.
4 The managing clerk shall remain responsible for safe custody and preservation of all case papers and evidences and will not under any circumstances cancel, obliterate, injure, embezzle, waste or do away with any of the books, deeds, papers, writings or other property of the solicitors or their clients, nor, without their leave, lend the same to others or remove them or any of them elsewhere.
5. The managing clerk shall not, at any time hereafter without the consent in writing of the solicitors, divulge or make known any of the trusts, secrets, accounts, matters or transactions of or relating to the said firm of solicitors but will keep with inviolable secrecy all matters entrusted to him and faithfully and diligently serve the solicitors and shall never take any gratuity or reward in any case without the express consent of the solicitors.
6. The managing clerk shall at all times remain true and faithful to the solicitors in all matters, dealings and transactions whatsoever, and shall, whenever, required, give to the solicitors and each and every person constituting the firm a just and true account of the same and shall not enter into plots and conspiracies against them.
7. The managing clerk shall, all through his service under the said solicitors, attend their office regularly and punctually and do all work such as keeping of day books, preparation of brief for counsel, attend references before the Registrar, Master and other officers, check up the work of the court clerk, bill clerk, typist and others and do other work required of him and will not, during the period of employment, render any legal or professional service to any other person or persons, directly or indirectly, whether for reward or free of charges.
8. The managing clerk shall not, after retirement or termination of the said employment, solicit the clients to any new solicitor nor do or suffer any act, deed or thing which may be prejudicial to or injuriously affect the interest of the solicitors nor associate him with the opposite parties in respect of cases which he handled with a view to helping them nor secure any advantage by reason of his special knowledge of the secrets of the cases.
9. The solicitors will pay the managing clerk a salary of Rs. ………… per month.
10. In case the managing clerk shall commit any breach of this agreement or neglect any of his duties, or shall become insolvent or make any arrangement with his creditors, or is guilty of any such misconduct, whether in his said employment or towards the solicitors or any of the partners of the said firm as would, in the absence of any agreement in writing between the said parties, entitle the said firm or any partner thereof to dismiss him from their or his employment, it shall not be necessary for the solicitors to give the managing clerk any notice whatsoever of their intention to determine his said employment, but they shall have power to dismiss him forthwith on paying such a proportion of his salary only as shall be due in respect of the then current quarter (or month) up to the date of such dismissal together with arrears (if any).
In witness whereof the parties herein have signed these presents on the day, month and year first above-written.
Signed, sealed and delivered by AB, CD and EF partners of the firm AB & Co. in the presence of:
Signed, sealed and delivered by GH the Managing Clerk in presence of: