Advocate act agreement
testa
(Querist) 12 April 2014
This query is : Resolved
Is it mandatory to sign advocate act agreement with lawyer for replying a legal notice.
Dr J C Vashista
(Expert) 13 April 2014
1. There is no such agreement under the provisions of Advocates Act, 1961 to be called as "advocate act agreement".
2. In order to submit reply of legal notice on your behalf, the advocate must have an authorisation from you, which is also called as "VAKALATNAMA" "POWER OF ATTORNEY" etc.
3. Whatsoever, it is a must but not mandatory.
R.K Nanda
(Expert) 13 April 2014
not mandatory.
ajay sethi
(Expert) 13 April 2014
no it not necessary
Anirudh
(Expert) 13 April 2014
If you are an Advocate, it is always better to obtain Vakalatnama. Further whenever a legal notice or a reply to legal notice is drafted, first make available the copy of the same to the client, and after the client communicates the correctness of facts and/or the stand taken, then issue the legal notice / reply. I have come across many instances where the clients say - (i) I have not asked anybody to issue a legal notice / reply; or that (ii) the facts are incorrect etc.
By doing the steps what I stated above, one can avoid an ugly / and embarrassing situation.
testa
(Querist) 15 April 2014
Asked to sign a blank Vakalatnama will there be any chance of misuse in future.
ajay sethi
(Expert) 15 April 2014
never sign a blank vakalat nama .name of advocate and other details should be mentioned in vakalatnama
testa
(Querist) 15 April 2014
My husband made me to sign it.it was blank actualy
Guest
(Expert) 15 April 2014
No vakalatnama is required merely to send lawyer's notice. Forget about that advocate who wants to get a blank vakalatnama signed. Misuse cannot be overruled. That depend upon the integrity of the lawyer.
testa
(Querist) 15 April 2014
What can be done now
testa
(Querist) 15 April 2014
can we ask it back.or some thing else can be done..
Guest
(Expert) 15 April 2014
Done for what? Already suggested forget about the advocate who wants to get vakalatnama signed merely for sending notice. However, if you intend to get your case fought by the same lawyer, you can think over to sign that.
Guest
(Expert) 15 April 2014
Done for what? Already suggested forget about the advocate who wants to get vakalatnama signed merely for sending notice. However, if you intend to get your case fought by the same lawyer, you can think over to sign that.
Guest
(Expert) 15 April 2014
If already given blank vakalatnama, just send a registered letter intimating the lawyer that the valakalatnama was merely for the purpose of sending notice.
testa
(Querist) 15 April 2014
Thanks You Very Much
Guest
(Expert) 15 April 2014
You are welcome.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
