Online Legal Consultation — Contracts, Notices and Disputes
Legal problems arrive with a clock attached. A notice states a reply period. A dishonoured cheque starts a window measured in days. A breach of contract starts a limitation period after which the claim is dead regardless of merit. The most common and most expensive mistake founders make is not choosing the wrong argument — it is replying informally, or not at all, while a date runs out.
An advocate’s territory is the written instrument and the dispute: drafting and reviewing contracts, sending and answering notices, assessing whether you have a claim and whether it is still alive, and appearing where a matter is contested. That is different work from a chartered accountant’s, whose territory is books, audit, tax and the returns built on them. Both are needed on some problems, and knowing which one leads is half the value of a first call.
This guide covers what an advocate can advise on that a CA cannot, what to do in the first 24 hours after a notice, how to prepare and what to bring, why limitation often decides the case before the facts do, how a contract review and a written opinion should be scoped, how privilege and confidentiality actually work, and the questions founders most often bring.
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What is an online legal consultation and when do you need one?
It is a private discussion of your facts with an advocate enrolled under the Advocates Act, conducted over video or call with your documents shared in advance. The output is an assessment of your position, the deadlines that now bind you, the options with their realistic consequences, and what the next step involves.
You need one when a document creates or disputes an obligation — a contract you are about to sign, an agreement someone says you have breached, a notice received or to be sent, a co-founder or shareholder relationship coming apart, an employee exit turning contentious, a customer refusing to pay, or a brand being copied.
You do not need one for a tax computation, a GST mismatch, an audit question or a return. Those are an online CA consultation. Many disputes have both halves — the settlement is legal, the tax on the settlement is not — and the two are best scoped together rather than sequentially discovered.
What can an advocate advise on that a CA cannot?
- Drafting and reviewing contracts — customer agreements, MSAs, vendor terms, NDAs, employment and consultant contracts
- Founder documents — founders’ agreements, shareholders’ agreements, vesting, ROFR, drag and tag provisions
- Sending a legal notice, and drafting the reply to one received
- Assessing whether a claim exists and whether limitation has already expired
- Cheque dishonour and money recovery, including the statutory notice procedure
- Arbitration — reading the clause, invoking it, replying to an invocation, and interim protection
- Court and tribunal proceedings, including civil suits, criminal complaints and writ petitions
- Employment matters — termination, notice period, non-compete enforceability, POSH complaints
- Property and lease disputes, eviction notices, and title review
- Intellectual property enforcement and defence — see trademark infringement notice and trademark opposition
- Consumer complaints, defamation, and online content or takedown issues
- Regulatory and general compliance law where the obligation is not a tax return
The distinction is not seniority, it is subject matter. Practice of law has been held to include not only appearing in court but giving legal opinions, drafting instruments and participating in conferences involving legal discussion. Only advocates enrolled with a Bar Council may practise law, except where another statute expressly permits a different professional before a particular authority.
Which specialist should you take your problem to?
| Your problem | Right specialist | Why |
|---|---|---|
| A customer contract you are about to sign | Advocate | Drafting and reviewing instruments is legal practice |
| A legal notice alleging breach of contract | Advocate | The reply becomes part of the record in any later proceeding |
| A cheque that bounced | Advocate | A statutory notice with strict content and timing requirements |
| A co-founder leaving and claiming shares | Advocate, with a CA on the cap table | Rights come from the documents; the mechanics are secretarial and tax |
| An employee alleging wrongful termination | Advocate | Labour and contract law, not tax |
| An income tax or GST notice | Chartered accountant | Tax statutes, and CAs are authorised representatives there |
| Books, audit, TDS, returns | Chartered accountant | Measured from records |
| ROC forms, resolutions, statutory registers | Company secretary | Companies Act secretarial practice |
| Oppression or mismanagement in a company | Advocate before the NCLT | A statutory remedy with its own forum |
| A trademark someone else is using | Advocate, with the IP filing history | Enforcement is a legal proceeding |
One structural point worth knowing about company disputes: a claim founded on a contract may be arbitrable, while a petition for oppression and mismanagement under the Companies Act belongs before the National Company Law Tribunal. Which route your grievance falls into is often decided by how the documents are drafted, not by how badly you have been treated — which is why the shareholders’ agreement is worth paying attention to before the relationship sours.
What should you do in the first 24 hours after receiving a notice?
- 1.Do not reply informally. A WhatsApp message asking for time, or one that appears to acknowledge liability, can become part of the record
- 2.Note the date you actually received it, and preserve the envelope, courier tracking or email headers as proof of receipt
- 3.Read what is being demanded and under which law — the statute cited changes everything about the response
- 4.Identify the deadline stated, and separately the deadline the law actually imposes; they are not always the same
- 5.Pull the underlying contract and read the dispute resolution and notice clauses before drafting anything
- 6.Assemble the correspondence chain in date order, including the messages that do not help you
- 7.Check whether the claim looks time-barred, and preserve that objection in the reply if so
- 8.Consider whether anything urgent is happening alongside — a guarantee being invoked, security being encashed, goods removed, receivables diverted — because a reply alone may not be enough
- 9.Then instruct an advocate to draft the reply, point by point, on your version of the facts
The temptation to answer quickly and reasonably in your own words is the trap. A considered reply filed within the window is far stronger than a fast one, and silence is almost always the worst option because it leaves the other side’s version unanswered on the record.
How do you prepare for a legal consultation?
- A one-page timeline of events with dates — this is the most valuable document you can produce
- The governing contract and every amendment, addendum, purchase order or renewal
- All notices sent or received, with proof of dispatch and receipt
- The email and messaging chain in full, not curated extracts
- Invoices, bank and UPI records, and any part payment or settlement correspondence
- For a company dispute: shareholders’ agreement, articles, board minutes, share certificates, cap table
- For an employment matter: appointment letter, policies, appraisal record, termination communication
- For a property matter: title documents, lease or leave-and-licence agreement, rent records
- For an IP matter: registration certificates, filing history, evidence of your use and of theirs
- Identity and authorisation documents for whoever will sign on the company’s behalf
- A short note on what outcome you actually want — payment, exit, an apology, or the relationship preserved
Bring the unhelpful facts too. An advocate who learns about the acknowledgment email or the missed milestone from the other side’s reply has been set up to fail, and the advice you paid for turns out to have been built on the wrong facts.
Why does limitation often decide the case before the facts do?
Indian law puts an outer time limit on bringing a claim. Broadly, a suit on a contract must be filed within three years of when the cause of action accrued, with different periods for other categories — immovable property claims running far longer, and appeals measured in days rather than years. A time-barred suit is liable to be dismissed even where the other side does not raise the point.
- 1.The clock usually starts at the breach, not at the date of the contract
- 2.When exactly the breach occurred can be arguable — the missed payment date, the termination, the final invoice, or a denial of liability
- 3.A written and signed acknowledgment of liability, or a part payment, made before the period expires can restart the clock
- 4.Sending a legal notice does not by itself extend limitation
- 5.The Limitation Act applies to arbitration as well, and invoking arbitration is the step that stops the clock for an arbitral claim, not filing a suit
- 6.A clause that shortens the statutory limitation period is void; one that extends the time to bring a claim may be permissible
- 7.Delay beyond a prescribed period is condoned only on showing sufficient cause, and in commercial matters that is treated as an exception rather than the norm
This is the reason a consultation is worth having early even when you are not ready to fight. Knowing that a claim expires in four months changes what you accept in a negotiation, and there is no remedy for a period that has already run out.
What does the law require for a cheque bounce or money recovery?
Cheque dishonour is the most procedurally unforgiving matter founders encounter, because criminal liability under the Negotiable Instruments Act is triggered not by the dishonour itself but by the failure to comply with a properly drafted statutory demand.
- 1.The demand notice must be sent within 30 days of receiving the bank’s intimation of dishonour
- 2.It must demand payment of the cheque amount and nothing more — adding interest, penalties or charges can render the notice, and the later complaint, unsustainable
- 3.It must give the drawer 15 days from receipt to pay
- 4.Preserve the original cheque, the bank return memo, the underlying transaction proof, and proof of service of the notice
- 5.A notice issued by an advocate on the payee’s instructions is valid; what matters is authority, not designation
- 6.Send by registered or speed post and keep the tracking record, even where email or another mode is also used
- 7.The complaint has its own filing deadline after the 15-day period expires
For ordinary recovery without a cheque, a well-drafted demand notice with a reasonable deadline is still the sensible first step — usually 15 to 30 days depending on the matter. An unreasonably short deadline reads poorly to a court later, and several categories of dispute require a notice before a case can be filed at all.
How should a contract review be scoped?
Ask for a review against your commercial position, not a generic markup. A useful review tells you which clauses are unacceptable, which are negotiable, which are market standard, and what your realistic exposure is if you sign as drafted.
- Scope of work, deliverables and acceptance — what counts as done
- Payment terms, milestones, interest on delay and the right to suspend
- Limitation of liability and indemnity, and whether the cap is proportionate to the fee
- Intellectual property ownership and licence scope, especially for custom development
- Confidentiality, data protection obligations and breach notification
- Term, termination rights, notice period and what survives termination
- Non-compete and non-solicit provisions, and how enforceable they realistically are
- Governing law, jurisdiction and the dispute resolution clause — including whether arbitration is properly drafted
- Force majeure, assignment and change of control
- Signature authority, stamping and, where relevant, registration
The dispute resolution clause is the one founders skim and later regret. A vague arbitration clause, an inconvenient seat, or a jurisdiction on the other side of the country can make a modest claim uneconomic to pursue — which is sometimes exactly why it was drafted that way.
What should a written legal opinion contain?
- 1.The facts as stated and assumed, with the documents examined listed
- 2.The precise questions on which the opinion is given
- 3.The law considered — statutes, rules and the relevant judicial authority
- 4.The reasoning applied to those facts, including the argument against your position
- 5.A conclusion with the level of confidence expressed plainly, and the litigation risk if it is contested
- 6.Assumptions, exclusions and anything not verified
- 7.The date, and a statement that it reflects the position as at that date
- 8.Who may rely on it and for what purpose
- 9.Signature of the advocate or partner responsible
A written opinion is worth its cost when someone other than you will rely on it — a board taking a decision, an investor asking about a contingent liability, a counterparty needing comfort, or your own file needing to show why a position was taken. For "what do I do next", a scoped conversation is usually the better purchase.
How do founder and shareholder disputes actually play out?
Almost always according to the documents, not the understanding. Where there is a founders’ agreement with vesting and a shareholders’ agreement with transfer restrictions, the outcome is largely determined and the fight is about interpretation. Where there is nothing in writing, the fight is about facts, and it takes far longer.
- Establish what was actually signed, including anything signed and forgotten
- Check whether the articles contradict the shareholders’ agreement — where they do, the articles usually prevail on company law questions
- Identify whether unvested shares exist and whether the buy-back or transfer mechanism was ever operated
- Separate the contractual claim from any statutory remedy, because they go to different forums
- Preserve board and shareholder records, since a dispute frequently becomes an argument about whether a meeting was validly held
- Consider the practical remedies early — a share transfer, a settlement with mutual releases, or a clean exit
- Run the tax and secretarial mechanics alongside, through company share transfer and resignation of director
The commercial truth is that a negotiated exit is usually cheaper than being right slowly. A consultation is the place to test which of those two you are actually choosing.
What is legal privilege and what does it protect?
Communications between a client and an enrolled advocate made for the purpose of professional legal advice carry a statutory privilege, so the advocate cannot be compelled to disclose them. The privilege belongs to you, not to the lawyer, and it survives the end of the engagement. It has defined limits: it does not extend to a communication made in furtherance of an illegal purpose, or to facts showing that a crime or fraud has been committed since the engagement began.
This is a genuine difference from other professional advisers. A chartered accountant owes you a strong professional duty of confidentiality, but not privilege, and can be compelled to produce client communications and documents when summoned by a judicial or investigating authority. Where a matter carries real investigation or prosecution risk, that difference should drive the order in which you take advice.
Practical hygiene matters as much as the doctrine. Sending your advocate’s advice on to a wide internal group, or discussing it in a mixed vendor chat, weakens the protection you paid for. Keep advice narrow, use the firm’s own secure channel for documents, and avoid putting confidential facts or credentials into public forums or open groups.
When is a second legal opinion worth it?
- The amount or the consequence is large relative to the cost of the opinion
- You were given a confident answer with no reasoning you can follow
- The advice is to litigate, and nobody has priced the realistic timeline
- The advice is to settle, and nobody has explained what the claim is worth
- A limitation or jurisdiction point has been raised that you do not understand
- The matter has moved forum — from notice to arbitration, or from contract to tribunal
- Your existing counsel drafted the document now being disputed
- You are being told something is "standard" without a provision or authority cited
Give the second advocate the first one’s reasoning, the full document set and the correspondence, not just your summary. A second opinion built on a partial record is a second guess.
What questions do founders most often bring?
- A client is refusing to pay and disputing the deliverable — do we have a claim
- We received a notice alleging breach and the deadline is next week
- A cheque from a customer bounced and we do not know the procedure
- A co-founder has left and wants to keep all their shares
- An ex-employee has taken our client list — is the non-compete enforceable
- Someone is selling under our brand name online — see trademark infringement notice
- Our customer has sent an arbitration notice and we have never read the clause
- A landlord is demanding we vacate before the lease term ends
- We are being asked to sign an MSA with unlimited indemnity
- We want to shut the company down cleanly — see winding up of a company
One more that is becoming common: what our data protection obligations now are. India’s data protection statute has been enacted with rules being brought into force in stages, so which obligations have actually commenced for a business of your size and sector is a question to confirm against the current position rather than a settled checklist.
What a legal consultation cannot do
- Guarantee a court, tribunal or arbitral outcome — nobody can, and anyone who does is telling you something they cannot know
- Revive a claim whose limitation period has expired
- Fix a signed contract without the other side agreeing to amend it
- Replace evidence you never created — undocumented understandings stay hard to prove
- Give a reliable view on facts you chose not to disclose
- Substitute for a chartered accountant on the tax consequences of a settlement or an exit
- Provide a considered reply to a notice in an hour on a complex record
Fees are scoped after a short discovery conversation rather than quoted as a list price, with court fees, stamp duty and other statutory charges shown separately from professional fees. Drafting, representation and appearances are separate engagements from the consultation itself, because their effort is only knowable once the record has been read.
Why choose Arjun Filings for online legal consultation?
Arjun Filings runs online legal consultation as a checklist-first engagement: a qualified CA or CS scopes the work, tells you exactly which documents are needed, and reviews every form before it is signed and submitted. You get a named specialist, a status update at each stage, and a compliance calendar for whatever comes next.
- Online Legal Consultation with practitioners
- Prep checklist before the call
- Action summary after the session
- Option to continue into filing support