Vakalatnama

What is Vakalatnama?

A Vakalatnama is a document that authorises a lawyer to act on behalf of his client. It may be general or specific.

The rule for construing a document naming an agent differs from the rule construing a Vaklatnama naming a counsel.

Official Definition of Vakalatnama

There is no mention of any particular definition of Vakalatnama in the Civil Procedure Code, 1908 as well as the Power of Attorney Act, 1882.

Section 2(u) of Advocates’ Welfare Fund, 2001 defines ‘vakalatnama’ as "Vakalatnama" includes a memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal, or other authority.

Legal provisions relating to Vakalatnama:

The provision in the Code of Civil Procedure (CPC) relating to Vakalatnama is contained in Order III, Rule 1. This rule lays down the requirements and procedure for authorising an advocate to act on behalf of a party in a civil suit.

As per Order III, Rule 1 of the CPC, any appearance, application or act in or to any court, required or authorised by law to be made or done by a party in a suit or proceeding, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader who has been appointed by a Vakalatnama.

Thus, under the CPC, a party can authorise an advocate to represent him or her in a civil suit by executing a Vakalatnama. The Vakalatnama must be in writing, signed by the party or his authorised agent, and must be filed in court. Once the Vakalatnama is filed, the advocate is authorised to appear, plead, or act on behalf of the party in the suit or proceeding.

According to Rule 9-A(1) of the Bar Council of India Rules, every Vakalatnama submitted to the court by an advocate must contain the advocate's Roll Number and address. This information can either be printed, affixed by a rubber stamp, or written by hand. This requirement helps to identify the advocate representing the client and ensures accountability in the legal proceedings.

https://ecourts.gov.in/ecourts_home/forms/Vakalatnama%20form.pdf

Regional Rules for Vakalatnama

Regional rules for Vakalatnama outline specific procedural requirements that vary across jurisdictions to ensure uniformity and compliance within local courts.

Karnataka Civil Rules of Practice:

As per Rule 9-A (1) of the Karnataka Civil Rules of Practice, every Vakalatnama submitted to the court by an advocate must include the advocate's Roll Number and address. This information can be presented in one of three forms: printed, affixed using a rubber stamp, or written by hand. This provision ensures proper identification and contact details of the advocate for official records and communication, maintaining clarity and accountability in legal proceedings.

Delhi High Court Rules:

Chapter 5 of the Delhi High Court Rules outlines the procedures for executing and filing a Vakalatnama. It must be signed by the concerned party, including their name and seal, where applicable. If signed by an agent or authorised representative, a copy of the authorisation must accompany it. In cases where the representative ceases to act, a fresh Vakalatnama must be promptly executed. When multiple persons sign a single Vakalatnama, their signatures must be sequential, with names corresponding to the memo of parties. If multiple advocates are authorised, all their names and details must be clearly mentioned. The case number and cause title must also be specified. Once filed, the advocate is authorised to act, plead, and prosecute the case and related matters.

Advocates must file a certificate of fee with the bill of costs, specifying the fee paid or agreed. For a Vakalatnama to be accepted, it must include the advocate’s endorsement of acceptance with the date, along with their contact details.

Revocation and Reappointment of Vakalatnama in India

A Vakalatnama, which authorizes an advocate to represent a client, can be revoked through various ways.

Revocation by Client:

The client can revoke the Vakalatnama by filing an application in the court to withdraw the authority granted to the advocate. Alongside this, a written notice of revocation must be served to the advocate to formally communicate the decision. Once the revocation is complete, the client can inform the court that the advocate no longer represents them in the matter.

Withdrawal by Advocate:

Advocates can also withdraw from representing a client by filing an application in court, citing valid reasons such as non payment of fees, conflicts of interest, or lack of cooperation from the client. However, under the Bar Council of India Rules (Part VI, Chapter II, Section II, Rule 39), an advocate must not withdraw from a case without sufficient cause and must provide reasonable notice to the client before doing so. This ensures that the client is not left unrepresented during the proceedings.

Process of appointing a new advocate:

If a client wishes to appoint another advocate, the process involves executing a new Vakalatnama in favor of the new advocate. This document must be submitted to the court along with the new advocate’s consent. If the previous advocate has not formally withdrawn, the client must obtain a No Objection Certificate (NOC) from the previous advocate to proceed with the new appointment. The NOC, along with the new Vakalatnama, is then submitted to the court. In some situations, where there is a dispute regarding the revocation of the earlier Vakalatnama, the client may also require the court’s permission before the new advocate can represent them.

Ways in Which a Vakalatnama Can Be Misused

While the Vakalatnama serves as an important tool for clients to appoint advocates, there are instances where it can be misused. One common misuse is unauthorised representation, where an advocate files cases or makes representations without proper instructions from the client. Additionally, miscommunication between the advocate and the client can lead to actions being taken that are contrary to the client’s interests or without their consent, which can result in adverse outcomes.

Another issue is the retention of important documents. Some advocates may unlawfully retain case-related documents, such as court papers, even after their services are terminated. There is also the potential misuse of the Vakalatnama in situations where advocates may withdraw cases, enter into settlements, or compromise on behalf of the client without their consent. Lastly, some unscrupulous advocates may exploit lay clients by using complex legal jargon or pressuring them into signing the Vakalatnama without fully explaining its implications. To prevent such misuse, courts often scrutinise the circumstances of revocation or new appointments.

Common Issues and Mistakes in Vakalatnama Filing

When filing a Vakalatnama, there are several common issues and mistakes that practitioners may encounter, which can lead to delays, rejection of the document, or complications in the legal process. Being aware of these pitfalls can ensure smoother proceedings and avoid unnecessary setbacks.

Incomplete or Incorrect Advocate Information:

One of the most common mistakes is the omission or inaccuracy of the advocate’s details, such as their Roll Number, address, and contact information. Failing to comply with this requirement can result in the Vakalatnama being rejected by the court, as the advocate's identity must be traceable for communication and record-keeping.

Failure to Attach Authorization Documents:

If the Vakalatnama is executed by an agent or authorised representative of the party, a copy of the authorisation document must accompany the Vakalatnama. Not providing this supporting documentation can cause delays, as the court will need to verify the agent's authority before accepting the Vakalatnama. In the absence of proper authorisation, the court may refuse to allow the advocate to represent the party.

Incorrect Execution of Vakalatnama by Multiple Parties:

When multiple individuals are signing a single Vakalatnama, it is important that they sign in the proper order and provide their serial number and name as mentioned in the memo of parties. Failure to follow this procedure can lead to confusion or rejection, as it may not be clear who the signatories are or which party they represent.