Overview
Most disputes settle before they ripen into litigation — when handled correctly. Our pre-litigation desk acts as outsourced general counsel for businesses: triaging notices, navigating mediation, and managing litigation calendars from the very first signal.
Many businesses lose more value to mismanaged disputes than to actual losses. A delayed reply to a Section 138 notice, a poorly drafted reply to a tax notice, or a missed limitation can cascade into year-long litigation. Our retainer model is built to prevent these cascades — and where escalation is unavoidable, to manage it with predictable economics.
We work with founders, family offices, MSMEs and listed companies. The retainer typically replaces 1–2 in-house counsel hires for organisations of ₹50 cr – ₹500 cr revenue, providing partner-level oversight at fractional cost.
What We Cover
- Legal-notice triage & response within 48 hours
- Pre-litigation mediation under Commercial Courts (Pre-Institution Mediation) Rules, 2018
- Conciliation under Section 30 of the Arbitration & Conciliation Act, 1996
- Litigation management — court-tracker, evidence-vault, deposition preparation
- Settlement architecture — without prejudice negotiations & enforceable consent decrees
- Internal legal training, contract templates & dispute-prevention playbooks
- Quarterly compliance audits and risk reviews
Engagement Models
- Monthly retainer with capped hours (typical: 20–40 hours/month)
- Project-based pre-litigation packages
- Litigation management on success-aligned milestones
- Hybrid: fixed retainer + capped success premium
- Special-purpose engagements (e.g., due diligence, regulatory inquiry)
Why 'How NOT to Litigate' Saves Money
Litigation in India remains expensive in time, money and opportunity cost. A typical commercial dispute consumes 3–5 years of management bandwidth, 4–8% of claim value in legal costs, and significant reputational risk. Our pre-litigation framework redirects matters into structured mediation, conciliation and settlement architecture — closing 60-70% of disputes before institution of proceedings.
Outsourced General Counsel Retainer — In Detail
Our OGC retainer typically includes: (a) monthly board legal report; (b) up to 30 hours of pre-litigation work; (c) contract review on standard templates; (d) policy framework maintenance; (e) regulatory liaison support; (f) one-day annual training session for HR/finance/operations teams. Litigation-specific work is billed separately on milestone-linked rates.
Statutes & Regulations
Key laws governing this practice.
Who This Is For
Audiences we typically advise in this area.
- MSMEs and mid-market companies needing OGC support
- Founder-led businesses without in-house counsel
- Family offices managing multiple entities
- Promoters seeking quarterly portfolio risk reviews
- PE/VC backed companies needing IPO preparation legal support
Recent Outcomes
Anonymised matter highlights.
Manufacturing Client OGC Retainer for 4 Years
Replaced 2 in-house counsel positions. Managed 30+ contracts/quarter, 14 active disputes, 3 IBC interactions and 2 acquisitions — at fractional cost of in-house team.
Pre-Institution Mediation Closes ₹3.4 cr Dispute
Distribution dispute referred to Section 12A pre-institution mediation. Closed in 8 weeks with full settlement — avoiding 2-3 year litigation.
Outcomes are matter-specific. Past results are not a guarantee of future performance.
Why K & K
Strategic differentiators in this practice.
- We help our clients understand "how not to litigate" — saving time, money and reputation.
- Same team carries the matter from notice to closure — no handover risk.
- Predictable monthly costs replace volatile in-house hiring.
- Quarterly board legal reports keep promoters and directors informed.
Frequently Asked
Questions our clients ask first.
Serving Delhi NCR & Beyond
Our office at A-197, LGF, Defence Colony, New Delhi 110024 is the operating base for clients across Delhi NCR — Gurgaon, Noida, Faridabad, Ghaziabad — and pan-India through a vetted local-counsel network. We routinely appear at Saket, Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka District Courts; the Delhi High Court; and the Supreme Court of India.
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