Annex-A

Curriculam For Young Lawyers skill Trainning

First partTarget Group - Young Lawyers Group (up to 3 years male & femaleGeneral Aims

To Understand the concept of Thematic Knowledge of Various Law and practice System in the Field of Legal Practice.

To Enhanced Young Lawyer basic Skill and Professional attitude based on professional development.

Objective and Introduction Identify the quality required of an Advocate. To understand the basic principle of communication and

making an effective presentation. Enhanced new practicing Lawyers, an introduction of skill

requires by a lawyers when Drafting Enhance new lawyers Reporting, presentation (Advocacy)

legal Research and Negotiation Mediation as well. Capacity Building for new Lawyers basic knowledge of

various Law and practicing trend in the court based on thematic knowledge.

Obtaining Methodology- The Training will be conducted on the basis of participatory Approach.- Training will base on Lecture.- Group Exercise and group discussion.- Case law will be priorities for question answer and group discussion.- Role play.- video Display

Training MethodOHP, Power Point, Chart, Transparent Sheet, Training Manual Hands Out.

Foundation course

Module 1

1. Professional skill course [10 Session] (Sub contain)

- Law firm management.- Client interview and advising.[ 2session]- Drafting and Writing skill [2 session]- Examination/cross/examination of witness- Negotiation.

i

- practical legal research- Trauma counseling- Presentation.(Advocacy)[ 3 session]

Module 2

2. Knowledge Based [Academic course Based on practice] Sub contain [7 session]

- Procedural Law.- Writ petition Injunction Show cause, Interim order, Likhit jawaf, (Practice

And Trend in Supreme Court)- Myad Tarikha [Due date]

Module 3[session 2]

ADR- Mediation.- conciliation(Abam 182 based)

Module 4 Professional Attitude [session 3]

Contain- Professional Ethics, code of conduct and its importance in practice.- Norms and values of relation Between Bar and Bench, & Basic orientation of

development of NBA and its Structure.- Concept of Legal Aid in Nepal and Role of Lawyer in free Legal Aid.

Module 1 - Professional skill course session 1 : Title: Law Firm managementTotal Time Allocation : 1.30 hourGroup- (25-30)Aim of this chapter

- providing Basic skill on Managerial role to private lawyer in chamber practice.

- Enhance the skill of maintaining law Firm by proper way in the changing context.

- To develop attitude in chamber practice.objectives

- To understand Managerial Role keep lawyers maintain the law Firms in proper way.

- Enhance lawyers improve their attitude and behaviors in law chamber.- Enhanced professional planing , Controlling organizing in discipline way.

ii

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:-Technical support in law firm Computer, Tel, Fax, E-mail, Photocopy,and its technical knowledge

Structural Management 1.Managing lawyer. 2.Supporting lawyer. 3.Asst.and secretarial staffs.-Information Management. information update

- -Role of lawyer in chamber -Time Management.

-Basic knowledge of Account keeping in law firm

group workconclusion

Lecture

Discussion and Q/A

power point

White Board,

20 min.

30min

20min

45 min15 min

Reading Materials Basic lawyers sill Training manual, Training manual published by NBA skill for lawyer, LPC course ,college of law UK Training Book Lawyers skill , Nepal Bar Association

Module 1 - Professional skill courseSecession-2Topics:

- communication skill- Client interviewing and Advising.

Time : 2 hourGroup : (25-30)Secession Aims

- Enhance young lawyers their better communication skill- Improve way of communication with client

Objectives- To established of good report between client and Lawyer.- To obtain relevant information regarding case from the client.- To help the client reach appropriate decision.

iii

- To plan Future action.Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain : Initial skill

- Structure of Environment Management.

- Common Behavior with client.- Seat planning and welcome.

Principle skill Listening :-

Passive active

-Questioning Open. Close.

-Analyzing.-Explaining.-Note taking.-paraphrasing.-Advising.-Fixing Next Appointment.-closing.

Group workConclusion

Lecture

Discussion and Q/A

power point

White Board,

20 min.

30min

30min

30min.

10 min

Module 1 Professional skill courseSecession-3Topics:

- Communication skill- Client interviewing and Advising.[ video Display/ Role play]

Time : 1.30 hourGroup : (same group ,25-30)structure of the session;one full session,& group division [3 of each group for role play] Secession Aims

- To understand properly communication skill displaying video Display- Improve way of communication with client by the process of role play

iv

Objectives- To identify the role of lawyer during their interviewing between client and

Lawyer.- To trained lawyer their body language & its importance during client

interviewing.

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain

Behavior with client verbal communication skill

[ Body language]

group work

Conclusion

Video Display

Instruction

-Role playgroup Division[3 of each group]-Discussion Q/A

DVD power point,White Board,

10 min.

25 min

40 min

15 min

Module 1 Professional skill coursesecession-4Topics : DraftingTime : 1.30 hoursAim

- provides an introduction to the skill required by a lawyers when writing Letters, Reports, Memoranda, and Drafting Legal Document.

Objectives- To Prepare Lawyers for practical Drafting.- Provide basic Knowledge of Drafting principle.- To Develop proper Drafting Modality

v

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain; concept of Basic Drafting Style.

1. Active Voice.2. Passive voice.3. Using more adjective.4. Word to use.5. well structure

Importance of Sentence making and structure in DraftingLay Out

1. Paragraph.2. Numbering.

-Starting and Ending the Draft. -Form and Style, basic Principle

1. Logical Sequence.2. Separate Paragraph.3. Short sentence.4. Simple Words.5. proper words.6. Reflect client Instruction properly

Group workconclusionReading Materials

Basic lawyers skill training manual, Training manual published by NBA skill for lawyer, LPC course

1997,college of law UK

lecture

DiscussionQ/A

power point,White Board,

25 min.

15min

10 min

10 min

20 min

10min.

Module 1 Professional skill coursesecession-5Topics : Examination/ cross examination of witnessTime : 1.30 hoursAim

provides an introduction to the skill required by a lawyers when the cross examination & examination of witness.

Objectives - To Prepare Lawyers for examine of witness. - Provide basic oral communication skill during the examination of witness.

vi

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain;

Concept & preparation of examine the witness.

Examination in chief open ended Question

- traditional Q/Across question

-type of cross Question -Dirty tricks in cross Question

Group workconclusionReading Materials

Basic lawyers skill training manual, Training manual published by NBA

skill for lawyer, LPC course 1997,college of law UK

lecture

discussion Q/A

power point,White Board,

40 min.

30 min

20min

Module 1 professional skill courseSecession -6Title: Negotiation.Time : 2.00 hoursGroup : (25-30)Aim of session ;

- Enhanced new Lawyers an introduction of skill requires by a lawyers when legal Research and Negotiation.

- to enhanced Art of Negotiation during the practice.- to understand basic skill of dispute resolution.

objectives- To knowledge preparation & the adoption of a logical approach when the

talks.- the avoidance of aggressive style.- to promotion of trust between the parties.- Searching for different solution to problem.

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

vii

Contents Methods Resources TimeSession break-up:Contain:

- the ethical Aspects of negotiating

- categories- Avoiding- accommodating- compromising- competing- collaborating

2. preparation for a Negotiation -importance of Negotiation

- interest not position- strengths and weaknesses- BATANA

3. Arranging for meeting & and planning and its phase: Planning Educating Bargaining Implementation Closing

4. using tricks on negotiation5. concluding & commitment for resolve

the problem-group workconclusionReading Materials

Basic lawyers skill training manual, Training manual published by NBA skill for lawyers, LPC course

1997,college of law UK

lecture

DiscussionQ/A

power point,White Board,

30 min.

30 min

10 min

20 min 20 min

10 min

Module 1 professional skill coursesession -7Topics; practical legal researchTime 2.00 hourgroup; 25-30Aims; -To developed legal practice through research Methodology

-To identify & understanding by the limited way to find Resource & solution to specific problem

Objectives;

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-To familiarities to the range of Areas of law, past case law,& sensitivity, to the practical implication.

- To understand basic skill of research methodology using Library Electronics & Books in practice.

- to find legal solution.

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

ix

Contents Methods Resources Time

x

Session break-up:Contain; essential elements

- Assembling the fact & specify the problem.

- legal analysis skill to use of electronic & book library.

Basic skill of research& its using methodology

- organizing the research & study Identifying the correct source

- extracting the key points- reporting the result of research

and studyusing Methodology

-subject index - source index search- updating study & research- routine exercise

General procedure of updating- checking the law- practitioner books- citation & use of primary source- judicial decision- conducting search & - Electronics library

- on line reference materials- Lexis- Internet- searching for Bar and supreme

court web siteGroup work

conclusion Reading Materials

Basic lawyers skill training manual, Training manual published by NBA skill for lawyer, LPC course

1997,college of law UK

lecture

practical exerciseDiscussionQ/A

power point,White Board,

20 min.

30 min

20 min

20min.

20 min

10 min

xi

Modul 1 professional skill courseSecession-8Topics: Presentation skill (Advocacy)Time : 2.30 hourGroup : (25-30)

Secession Aims- To understand a brief consideration of the question what is advocacy.- To achieve presentation skill during the court room.- To enhance young lawyers' effective oral presentation as required.- To develop young lawyer's organizational skill in law chamber practice.

Objectives- To understand the basic principles of communication and making an effective

presentation.- To be able to apply it.- To perceive behavioral attitude and to adopt it.- To enhance the using and managing documents effectively.- Practical analysis of legal and factual issues.

xii

xiii

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:

Basic concept of argument in the court.

Organization skill in chamber practice.

Body Language.Presentation ( Cap Approach)

1. Context2. Analysis.3. Presentation.

-Before the court)a. Fact gathering and Analysis.b. Knowledge of relevant Law.c. proper handling the paper work-During the courtFraming the case and its importance in presentation

1. Subject Matter.2. Dispute concern with subject.3. Burden of Proof.4. Psychology in court room

concept of presentation- Opening speech - Closing speech- Re-closing

After the presentation- role of lawyer after completion the hearing.Group work

conclusion

Reading Materials Basic lawyers skill training manual, Training manual published by NBA skill for lawyer, LPC course

1997,college of law UK Advocacy at the Bar, A Beginner's

guide by Keith Evans Advocates, Danid Pannick Advocacy and other skill ,Legal

practice hand book Pupilage & the vocational course,

Institute for the study of the Legal profession, faculty of law Shefield UK.

starting Practice: work & training at the junior Bar, faculty of law Shefield UK

Lecture

Discussion and Q/A

brief Note

power point

White Board, chart

20 min.

20min

30min

30 min.

25 min

25min

15 min

10 min

Module 1 professional skill courseSecession-9Topics:

Video Display (presentation in court Room)Time : 1.30 hourGroup : (25-30)structure: small group division [ each of 3 group]Secession Aims

- To understand new Lawyers adjust Situation and scenario in court Room during the Presentation.

Objectives- To understand basic way of presentation in court room.- To find bad and good presentation skill

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain; Basic rules of presentation

- Way of argument.- Body Language.

- Attidue

group work

conclusion

Reading Mterials

Making legal trainning easier,Legal net work Television UK.

Vidio library N B A

Video Display

DiscussionQ/A

DVD power point,White Board,

20 min.

55min

15 min

xiv

Module 1 professional skill courseSecession-10Topics:

- presentation [Role play]Time : 1.00 hourGroup : 25-30, [small group division each of 3 ]

- structure: small group division each of 3,& this session develops the theme of persuasiveness which incorporates all the objectives of presentation skill, Instructor will guide for role play.

Secession Aims- To under stand New lawyer way of presentation.

Objectives- To recognize persuasive behaviors & to adopt it.

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources Time Session break-up: Contain;

case & law study verbal communication skill [ Body language] group work, exercise

conclusion Reading Materials starting practicing ;work & training at the Junior Bar, Faculty of law University of Shefield, U K

Lecture

Discussion/ QA

White Board,Chart,

25 min.

15 min

40 min

10 min

Module 2 2. Knowledge Based (Academic course Based on practice]Aims of this Module

- To enhance New Lawyer Practicing trend of the courts.- To Developed their knowledge of various Law based o law practice.

xv

- To oriented young lawyer of technical knowledge base on practice and decision made by the court.

Objective-TO familiarize lawyer about basic concept of court proceedings and system in Nepalese

court system.-To provide Basic orientation Regarding Law of limitation case Registration in different

level of the court.-To under stand concept of Bail system in Nepal- to enhance technical knowledge relating with hearing & justice delivery by the different

level of the court.- To be able to know medical terminology used in post mortem Reports and problem

properly applied in hearing and justice delivery.

Module 2Secession-11Topics:

procedural law Based on law practiceTime : 2.00hourTarget- young lawyerGroup : 25-30Secession Aims

- To understand Basic court proceeding system in Nepal under the Muluki AinObjectives

- To able to know Basic concept of procedural law regarding Jurisdiction, Limitation, Bail, case registration, concept of legal drafting based on structure.

- Importance of court proceeding based on law practice.- Basic concept of limitation based on hearing & case registration.- Jurisdiction regarding A.Bam. 29,& judicial administration Act 2048.- concept of bail system based on Abam 118 and its practice .

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:ContainImportance of court proceeding based onlaw practice.Basic concept of limitation based on hearing & case registration.Jurisdiction regarding A.bam. 29,& judicial administration Act 2048.concept of principle of bail system based on A.bam. 118 and its practice .group workconclusion

lecture

Discussi

power point,White Board,

30 min.

25 min

25min

30 min

xvi

Reading MaterialsLaw of bails, principle, practice,& procedure.S S Rao, sodhi publication.

onQ/A

10 min

Module 2Secession-12Topics: Myad Tarikha .[ Due Date] Time 1:30 hourTarget- young lawyerGroup : 25-30Secession Aims:-

To understand Basic concept of Myad Tarikha.[ Due Date] importance in hearing & court procedure in Nepal.

To Enhance concept of Myad Tarikha.[ Due Date] based on procedure of Muluki Ain, sanchhipta karyabidhi Ain, Special court Ain,and various other legal provision based on summon, Mayad Tarikha.

Objectives

To able to know beginners concept & provision of Myad Tarikha.[ Due Date] based on legal practice.

prepare to young lawyer for their practice of general orientation of Myad TarikhaTarget Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain

concept of Abam 59,62 court precedure. Differences between sanchhipta karyabidhi Ain,

Samanyea karyabidhi ,Special court Ain based on Myad Tarikha.[ Due Date]

Group work conclusion

Reading Materials Muluki Ain, sanchhipta karyabidhi Ain, Special court Ain Judicial Administration Act 2048 law dictionary, shankar kumar shrestha

lecture

discussion/QA

power point,

30 min.

30min

20 min

10min

xvii

Module 2Secession-13Topics: Trauma counseling Time 1:30 hourTarget- young lawyerGroup : 25-30Secession Aims:-

To understand basic concept of Trauma counseling and its importance in law practice & professional Manner.

Objectives To able to know beginners concept of Trauma & professional behaviors & gesture. To understand the trauma & use in profession during the client meetining.

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain;

Concept of Trauma & its importance in legal Profession.

cause of Trauma stage of Trauma & its effect. type of Advising

Group workconclusion

Reading Materials

Training Manual ,NBA

lecture

discussion/QA

power point, 50 min

30 min10

Module 2 Secession-14Topics: constitution & writ practiceTime 2 HourTarget- young lawyerGroup : 25-30Secession Aims:-

To understand alternative remedies & extraordinary jurisdiction of Supreme Court.

xviii

To Enhance concept of Writ petition, injunction and its reply & other proceedings.

Objectives To able to know beginners type of interim order, show cause notice, To able to proper skill of way of presentation in show cause, and final

hearing.Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain;

-Concept of Writ & importance of Natural justice, Due process law .-Differences between Interim order, vacate & Intervene based on practice in supreme court

-concept of law of injunction and its ground for order.

-presentation skill ; show cause & final hearing.

-Doctrine of latches & limitation. Group workconclusion

Reading MaterialsAdministration law, wades & Forsythwrit law, p m bakshi

Lecture

Q/A

Power Point

30 min

30

25

15

155

Module 3Secession-15Topics: Mediation Time 2 hourTarget- young lawyerGroup : 25-30Secession Aims :-

To understand Basic concept of Mediation in Nepal. To Enhance Mediation process and skill under the provision of Nepalese law.

Obje ctives To able to know beginners Mediation skill To aware young mediation concept To enhance beginners & prepare them as a Mediator adopt it as Profession .

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain;

xix

Mediation & its international practice Historical Back round of Mediation an over view Differences between Mediation, Negotiation,

Arbitration & conciliation Basic skill of Mediation & process of court referred

mediation under the law.Group workConclusionReading Materials

District court Regulation Mediation system, resource Book for

Mediation in court referred cases,2004,U N D P

Basic Mediation course, for lawyers & Entrepreneurs,Us Aid Nepal,AR

lecture

discussion/Q

power point,

chartwhite Board

30min.

30 min

40min

20min

Module 3Secession-19Topics: conciliation,Milapatra [ Abam 182]Time 1.30 hourTarget- young lawyerGroup : 25-30Secession Aims:-

To understand Basic concept of conciliation based on Abam 182 under practice of the court.

Objectives To able to know beginners what conciliation is? To able to know writing skill of 'Milapatra'

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain;

Concept & Orientation of conciliation based on Abm 182

Differences between Mediation, Negotiation,Arbitration & conciliation

Basic skill of drafting Milapatra & processof concialition in the different level of the court.

Group work

conclusion

Reading Materials Muluki Ain

lecture

discussion/QA

power point,

chartwhite Board

20min.

25 min

25min

10min

xx

Module 4 Professional AttitudeSecession-20Topics: Legal aid Time 1: 30 hourTarget- young lawyerGroup : 25-30Secession Aims:-

To understand basic concept of legal aid in Nepal. To understand Legal aid and its importance Access to justice.

Objectives To able to know Legal aid; conceptually & role of lawyers Access to Justice. To able to know role of Nepal Bar Association to provide Legal Aid .

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain; - concept of Legal aid & practice in Nepal. - Role of lawyer to provide Legal aid in Access to justice. - Role of Bar & its credibility - code of conduct of Legal Aid LawyerGroup work

conclusionReading MaterialsLegal Aid Act,Legal Aid directives 2062 [Draft]Bar Reports Bar jurnul, Various Artical on Legal aid

Lecture

discussion/QA

power point,White Board,

60 min.

20 min

10 min

Module 4 professional AttitudeSecession-21Topics: Professional Ethics, code of conduct.Time 1: 30 hour

xxi

Target- young lawyerGroup : 25-30Secession Aims:-

To understand basic concept of professional Ethics & code of conduct To understand professional Values & its importance in to Developed

professionalism & to reach Access to justice.Objectives

To able to know beginners code of conduct ; conceptually & its importance in Profession.

To able to know values of lawyer in legal profession in society.

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain;

concept of code of conduct & ethics of in legal profession

importance of Ethics & its values to develop professionalism.

Q/AConclusion

Reading MaterialsBar council Act & regulation

lecture

discussion/QA

power point,White Board,

35min

30min

20min5min

Module 4 professional Attitude Secession-22Topics: Relation Between Bar and Bench.Time 1: 30 hourTarget- young lawyerGroup : 25-30Secession Aims:-

To understand concept & structure of Judiciary & relation between Bar & Bench and is importance in Access to Justice.

Objectives To able to know beginners norms & values of Bar & Bench ; conceptually & its

importance in Profession & justice system To able to know Basic orientation of development of NBA and its Structure.

Target Group: Private Law Practitioners (up to 3 years experience)

No: Date: Time:

Contents Methods Resources TimeSession break-up:Contain;

xxii

Concept of structure of Judiciary and its historical Background.

relation between Bar & Bench & is importance in Access to Justice

Development & structure of NBA & its role to deliver justice Formation of N B A & its unit & role of lawyer to

implementation of N B A plan & policy. Group workconclusion

Reading Materials Attacks on justice, Reed Brody,ICJ Legal Aid Directives,2062 [Draft] constitution of N B A Neplease constitution 2047 various act related with different level of

the court. strategic plan, Nepali judiciary 005-008

Lecture power point,

30 min.

25min

25 min

10min

Annex–B

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xxiv

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Relation and Professional Ethics; Legal Research, Drafting and Legal

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xxvi

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Annex-CExperts Involved in preparing Curriculum

Hon'ble Upendra Keshari NeupaneAdvoate Bam Dev GyawaliAdvocate Anil Kumar SinhaAdvocate Anita Chapagain Sapkota Advocate Apurba Khatiwada Advocate Apurba Khatiwadar Advocate Baburam Aryal Advocate Baburam KunwarAdvocate Bhabishwor GurungAdvocate Bijaya Kanta mainali Advocate Bijaya Prasad MishraAdvocate Birbal kaji RaiAdvocate Bishnu Bashyal Advocate Chiranjabi BhattraiAdvocate Deepak AcharyaAdvocate Dina Mani PokharelAdvocate Dr Shambhu KhanalAdvocate Dr. Bhimarjun AcharyaAdvocate Dr. Bijaya Sing SijapatiAdvocate Dr. Chandra Kanta GyawaliAdvocate Dr. Dhrubesh Chandra Regmi,Advocate Dr. Kishor Kumar Gharti ChhetriAdvocate Dr. Shankar Kumar ShresthaAdvocate Govinda Sharma Advocate Hari Kumar NepalAdvocate Hari Prasad UpretyAdvocate Hem Raj AdhikariAdvocate Indira Thapa (Karki)Advocate Jyoti BaniyaAdvocate Kedar KoiralaAdvocate Krishna NeupaneAdvocate Laxmi MainaliAdvocate Mada Dangol Advocate Madhab Raj GhimireAdvocate Madhusudan Tamang Advocate Motikala Subba Dewan Advocate Narayan Prasad GiriAdvocate Narendra Prakash KhanalAdvocate Narendra Prasad Pathak Advocate Padam Bahadur ShresthaAdvocate Prakash RautAdvocate Pravakar AdhikariAdvocate Pravakar AdhikariAdvocate Prem SapkotaAdvocate Raj Kumar Aryal Advocate Ram Chandra Simkhada Advocate Ram Kumar AcharyaAdvocate Ram Kumar Neupane

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Advocate Ramesh GhimireAdvocate Rom ThapaAdvocate Roshani PoudyalAdvocate Rudra SharmaAdvocate Rukmanee MaharjanAdvocate Rup NarayanAdvocate Saroj Krishna GhimireAdvocate Semanta DahalAdvocate Shom LuitelAdvocate Shova KarkiAdvocate Sitaram AdhikariAdvocate Sudha Dhital katiwada Advocate Tanka DulalAdvocate Thaneshwor Acharya Advocate Tika Ram AdhikariDr. Gyan Basnet Ph.DDr. Mahendra Jung Shah

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