From: Ethiopian shipping and logistics Mekelle port and terminal branch office
Date: August 29/2024
Subject: TOR (Term of Reference) for hiring the Lawyer for regional office
This refers to your department's request for the preparation of term of reference (TOR) to hire a lawyer regarding the law suits ESL will have in Oromia, Tigray and Afar regions. Accordingly, we hereby send you the requested TOR as follows;
Type of Purchase;
• To hire a lawyer who comprehends the local languages of Oromia, Tigray, and Afar region where ESL has established its branch offices. The service will be commissioned on a per-case basis.
1. Required criteria
1.1 Educational and Professional Qualification
• least a bachelor's degree in law (LL.B)
• Able to provide an advocacy license and other necessary documents to practice law before a court mediation, negotiation or arbitration body in federal and state courts
1.2 Language Proficiency
Must be fluent in speaking I shall have an excellent skill of reading, listening and writing the local working language of the area where legal services are provided
1.3 Work Experience
• 3 years of work experience in providing advocacy services
1.4 References
• Able to provide a letters of recommendation from three (3) organizations or institutions attesting to their good performance in the field of advocacy.
1.5 Payment Term and Conditions
| No | Amount of case | Commission amount in Percent (%) | Remark |
|---|---|---|---|
| 1 | Up to 200,000 birr | __ % | Open to the bidder |
| 2 | 200,001 birr to 500,000 birr | __ % | |
| 3 | 500,001 birr to 1,000,000 birr | __ % | |
| 4 | 1,000,001 birr to 3,000,000 birr | __ % | |
| 5 | 3,000,001 birr and above | __ 0% |
• Commission payment will be based on the value of the case and the mode of payment and other rights & duties of the parties will be determined by negotiation and subsequent contract terms
• Payment will only be made when there is a case, and this arrangement does create an employment contract of any kind.
2. Scope of work
2.1 Court Representation
• To Perform all duties expected from a lawyer in relation to court assigned by the branch office and /or head office as the case may be and in
Plaintiff case;
In case where the branch office is plaintiff, the lawyer will responsible for;
• Filing the statement of claims, serving a Summons. witnesses, affidavit, preparing counter reply ongoing cases and follow up the remand cases
Defendant case;
In case where the branch office is defendant, the lawyer will be responsible for;
• Filing the statement of defense, conduct oral argument, testifying witnesses, affidavit, preparing a counter claim and petition for joinder of third party to the pleading, serving a summon and submitting necessary petition for the ongoing cases
Appeals case;
In case where the branch office is appellant and respondent, the lawyer is responsible
for;
• Preparing and submitting appeals, cross-appeals, cross-response, submitting necessary petitions, filing cassation application, affidavit, conduct oral argument, and
Excution Casel
In case of executing of judgment, the lawyer is responsible for;
• Preparing and submitting execution file and follow the case up to end when ESL is judgment creditor and also where ESL is a judgment debtor to prepare a defense if there is a reason of non-execution of the judgment given by the court
2.2 Responsibility of Collaborations
The lawyer is responsible to:-
• Work closely with the enterprise head office legal experts and communicate in each and every cases provided by the branch office
• Report on the status of every case after attending the court appointment
2.3 Professional Conduct
• Follow the ethics and discipline that is required from by the legal profession and carries out the work diligently in accordance with professional rule
2.4 Conflict of Interest
• Avoid representing other cases or related issues that may conflict with the interest of the enterprise
2.5 Confidentiality
• Responsible to keep the confidentiality and information he/she knows in any work opportunity for the benefit of the enterprise
2.6 Diligence
• Responsibility to use the legal knowledge and skills to secure the enterprise's interest and diligently work toward resolving the matter
Taking into account the above mentioned required criteria's, we therefore, request you to review the TOR and adjust anything which is not in line with the procurement directive and act as accordingly.
2.7. How to submit
Directly contact to Mekelle port and terminal HR office near MEDEBIR 05 Telephone Number 034209571
2.8. Closing date
Five working days after posted
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