Engagement letters for lawyers in India: what to put in one

Quick answer: An engagement letter for an Indian advocate should name the client and matter, set out the scope of work and what is excluded, the fee and expenses, payment terms, who works on the matter, how you communicate, and how either side can end the engagement. One or two pages is enough.

Many advocates in India work on trust and a phone call. That works until the client expected an appeal to be included, or thought the fee covered court fees and travel. A short engagement letter, signed at the start, prevents most of these disputes.

What to include

The client and the matter

Name the client exactly (the person or the company) and describe the matter in one or two lines: "Defending the suit filed by X against you in the City Civil Court, Bengaluru."

Scope of work

Say what you will do: drafting, appearances, advice, correspondence. Then say what is not included, such as appeals, execution proceedings, other courts, or tax advice. Most fee disputes come from a missing exclusion.

Fees

State how you charge: a fixed fee per stage, per appearance, per hour, or a retainer. Remember that the Bar Council of India rules do not allow an advocate to take a fee that depends on the result of the case or a share of what is recovered.

Expenses

Court fees, stamp paper, travel, typing, translation, process fees and certified copies. Say who pays and whether you need an advance.

Payment terms

When invoices are sent, when they are due, and what happens if they aren't paid. If you charge GST, say so.

Who works on the matter

Name the responsible lawyer and say that associates and clerks may help. Clients like to know who to call.

Communication

How you will update them (email, WhatsApp, a portal), how quickly you aim to reply, and that you need them to tell you about new facts and documents promptly.

Documents and confidentiality

That you will keep their documents confidential, how long you keep files after the matter ends, and that originals will be returned on request.

Ending the engagement

Either side can end it with written notice; fees for work done so far remain payable; you will hand over the file.

Keep it short

One or two pages in plain language is enough. A letter the client actually reads is better than a ten-page one they sign without reading.

Using a template

Write your letter once, then reuse it. In April you can [draft](/features/drafting) an engagement letter from a short description, save it as a template with blanks such as [Client name] and [Fee], and send it for [e-signature](/features/e-signature) so the client signs from their phone.

Frequently asked questions

Is an engagement letter mandatory for advocates in India?

There is no general rule that requires one, but it is good practice and the best evidence of what was agreed about the work and the fee.

Can an advocate in India charge a percentage of the amount recovered?

No. The Bar Council of India rules do not allow an advocate to stipulate a fee contingent on the result of litigation or to share in the proceeds.

Can an engagement letter be signed electronically?

Generally yes. The Information Technology Act, 2000 recognises electronic signatures for most documents, and an engagement letter is not among the documents excluded from it.

This article is general information for legal professionals, not legal advice. Check the Bar Council of India rules that apply to you.