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The present situation is enough to teach the lawyers and law firms that their staff and they shall be well versed with technology and changing aspects of society.
Only survival is not enough but co-existence with the unseen situations has become crucial. To avoid such chaos in the future, lawyers can facilitate themselves with technology advancement and provide proper training to their staff.
So that they don't find themselves in the pool of unknown. Some suggestions are as below that lawyers can avoid the present crisis in the future by: -.
Technology can help lawyers and law firms in various positive ways. It improves communication and efficiency.
Lawyers and law firms can get maximum benefit by training their staff and themselves. Technology has revolutionized the legal industry with its advancement.
It can help law firms and law offices to achieve higher milestones driving their work capacity and sorting their small work issues for instance case updates, client management, etc.
In case you wish to act upon on the basis of the content of this article, please seek legal advice. The author shall not be responsible for any loss you may incur as a result of your actions relying upon this content.
The content herein is the copyrighted material of the author and is informational and shall not be used for commercial purposes other than for personal reading.
We have seen a sudden rise in court proceedings via videoconference but lawyers are still to catch up with the new technology and their new normal of pleading in the court.
Having said that, I feel common sense along with practical knowledge can be used to make sure that you put your best foot forward when pleading for your clients via videoconference.
Comb your hair and make yourself presentable. And if your client is also asked to appear in the hearing, make sure to remind your client about the importance of dressing correctly.
If your client is also attending via videoconferencing, the client should also use the same nomenclature i. Ajay Mishra, Defendant.
By doing this, it becomes immediately clear to everyone attending the hearing who you are and what is your role, thus providing more clarity and ensuring that the proceeding runs smoothly.
By doing that if you find any technical issues while logging in, you will have time to correct it. As a lawyer, you know that court craft is all about your body language and it is equally important for your clients too even during a videoconference.
For new users in Indian scenario almost all are new it may be difficult to get used to it i. You should keep your hands away from your face and keep your face as neutral as possible.
Make sure that you share these tips with your clients who also might be appearing in the hearings. Make sure there are no distractions like reflections of lights or the sunlight coming directly on the background behind you.
Technically check your computer system before you go live on videoconferencing. Advice your client to do the same. Better safe than regret!
We also suggest keeping a wire ready in case Bluetooth fails for any reason like not charged enough, pairing issues etc.
A headset, allows you to maintain client confidentiality and have better sound quality all around. Explain the importance of confidentiality and how it is critical to avoid sharing confidential information or to have confidential discussions during the appearance.
Those are my top videoconferencing etiquette tips for Lawyers. Did I miss anything? If so, let me know in the comments.
The impact of COVID coronavirus cannot be miscalculated in project finance, as this virus is considered as a global pandemic and has resulted in the closedown of construction work and its related operations.
Moreover, in project financing, Project Company is usually considered as a special purpose vehicle SPV , and pursuant to present critical situation lenders are having no recourse to sponsors where the project is not performing as per the expected plan.
But considering the different scenarios as the government now is hacking interest rates and making banking rules more convenient at this time of financial crunch.
Due to lower interest rates, demand for financing the new upcoming projects will increase along with debt financing and this effect will operate for the long term from the present.
Force majeure clause comes into play when one party is unable to perform his contractual obligation which he needs to perform and due to natural circumstances i.
Force majeure is governed by Section 32 and Section 56 of Indian Contract Act, and is also considered as exception to what amounts to breach of contract.
Usually this concept of force majeure is prevalent in project financing and construction cases. In an epidemic or pandemic scenario, like of COVID this clause gets into play by contractor in construction project because he is the first one to encounter the consequences because of disrupted supply chain.
Now in order to analyze the force majeure in the contract the contractor or say the project company has to establish connectedness between the qualifying force majeure event and the impact to its performance of contractual obligations, and in most of the cases this will be based upon factual circumstances which will differ from case to case basis.
Due to government measures that are related to business lockdown, mandatory quarantine measures, which will directly affect the working of the project and contractual obligations can be considered as evidence for the activation of force majeure clause.
Concerned expert feedback would be required for the collection and preparation of evidence for notices of force majeure.
This also requires the affected to take steps in order to mitigate the force majeure events and it is considered as an obligation upon the affected party to do so.
Also, it was required to draft or take the alternative options in consideration to perform the obligations pertaining to the contract and it would be advantageous to take remedying measures to address the impact due to unforeseeable events like COVID However, in order to ensure that the claim is not time-barred, time is an essential ingredient for the notice requirement for the purpose of force majeure claim.
The loopholes in the force majeure clause should be taken into consideration and such gaps should be addressed when the project documents were subject to bankability due diligence.
Bankable project documents will typically contain similar force majeure provisions and the contractor's notice of force majeure will form part of the project company's notice in the project documents.
Further, others get through consideration include the timeline for submission for force majeure clause. In practice, the contractor and the project company may be engaged in negotiations or discussions on the impact of force majeure and will, therefore, need to consider the timelines that are running in parallel.
Usually, Project documents with future cash flows contain time which provides a sufficient amount of time to project companies to provide its notice of force majeure under the upstream project documents.
Another important contemplation is the different governing laws for project documents. Offshore construction contracts will be governed by English law, but on the other hand, power purchase agreements should be governed by the local law.
Therefore, if the risks associated with different governing laws are not mitigated when the project documents were being developed, contractual interpretation of force majeure provisions can be difficult.
Moreover, the party claiming force majeure has to prove that he has taken all reasonable circumstances in order to avoid or mitigate the risk and its effect.
Thus, this will depend upon case to case basis and in project company case contractor has to prove the same. In project financing consideration under financial document needs to be taken care of, project lenders are widely analyzing the COVID outbreak as they begin receiving notices related to force majeure and due to which they cannot wash their hands off this outbreak.
This outbreak requires taking steps in financial documents that are in consonance to the terms of the project document.
Furthermore, after receiving the notice of force majeure the project lender has to consider carefully the impact on the project and positions under the financial document.
Also, prior consent is also required before agreeing to any relief obtained through force majeure and certain time constraints need to be undertaken by the project company in this case.
Default events are as follows:. COVID outbreak is spreading at an alarming rate due to which economy is diversely affected and the project finance sector is also facing uncertainties through the hampered supply chain, labour availabilities, financial crunch, and unforeseen circumstances.
This outbreak has also affected debt financing and tax equity involved in project financing. Further, continuous monitoring of government policies are required for project financing.
Businesses are experiencing unprecedented challenges and market disruption due to the Covid pandemic and consequential economic meltdown seems inevitable.
Economists predict that economy is now dealing with a situation far worse than the global recession of We are not prepared to deal with this situation since no business has anticipated or predicted menace to this extent, where globally national borders are locked down halting global market and business operations.
Importantly, we are dealing with a war waged by the unknown, and nations are fighting to safeguard and protect their people and economy. These special circumstances require special measures to sustain and thrive, and this article covers some measures that companies may imbibe to thrive over the crisis and to sustain.
Legally, the success of a business and its sustenance depends on how well it protects its confidential information and trade secrets. Especially, in times like now, it has become imperative not only to have sustainable business modus operandi to thrive and succeed during bad market conditions but also to protect what has been already built through years of hard work.
This sounds simple yet very difficult to implement and execute in the frontline. Employees are key to every organization.
Their performance and conduct in operating the business decide the company's future. Good employees build a successful business and the bad ones ruin the organization.
A simple claim or lawsuit will change the future of the company or drag the company into darkness third party infringement and damages suits , so the company should explicitly set out the framework within which the employees have to function within the company.
With a large number of employees working remotely at the comfort of their houses, the management is now grappling with the management of infrastructure to facilitate employees with work from home access and to keep the business running.
While companies are dealing with infrastructure difficulties, protection of confidential information and trade secrets should be set on high priority in order to avoid future uncertainties and to govern the way the organization continues to operate within an uncontrolled environment of homes of the employees.
Measures: Implementing effective policies and conduct awareness training programs so as to how to operate and function while working at the comfort of home.
Data Protection Policy, Information Technology and Security Policy and Work from Home Policy are few policies that companies should implement and effectuate measures for protection of data and confidential information.
It is important to evaluate and strategically secure and retain existing business connections. Practically, retaining old clients is a cost-effective measure, since securing new clients is a costly affair during this market meltdown.
An agreement may be implied or express contract. Where the terms of the agreement are explicit, the business should evaluate the risks and be prepared for any foreseeable risks that may arise in the current market circumstances and protect itself from the unforeseen risks Force Majeure Clause.
So, the management should focus on dealing with the governing business through the Agreements. It is imperative to work along with the legal team to overcome the uncertainties and to operate within a controlled business environment.
In the interest of economies of scale of business, as a rule, litigation should be the last resort. When agreement provides for business certainty why take long shots with regard to company future.
As such, in case a client or a set of clients is important for the survival of a business, then the business should take proactive measures to re-negotiate, re-design, or structure the transaction to make it sustainable to both the business and the clients.