Filing memo of appearance

Vijay Kumar (Querist) 26 November 2011 This query is : Resolved
On instructions of a party, an Advocate files memo of appearance in the court.

After that, the party chooses not to appear and contest the case and consequently does not communicate with their Advocate.

1) What the Advocate should do on next date?

2)If he pleads "No instruction" and the court orders to proceed ex parte, what is the liability of Advocate? There is risk that later on the defendants might allege that they were never served and they never instructed the Advocate to put appearance on their behalf.

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Advocate. Arunagiri (Expert) 26 November 2011
Advocates are acting on oral instructions of the clients, in many cases. Yes, this is a risk.

Devajyoti Barman (Expert) 26 November 2011
Yes but the advocate without any instructions of the client and fees for a long time may well stop appearing in the case.

Rajeev Kumar (Expert) 26 November 2011
Agree with experts

Guest (Expert) 26 November 2011
do agree with supra experts..!!

ajay sethi (Expert) 26 November 2011
1) send letter to client informing him of the next date in the matter and request him to furnish detailed instructions to enable him to file a reply .

2) in the event no instrcutions are received advocate should take out appropriate proceedings fro withdrawal of his appearnce

Message likes : 1 times

Raj Kumar Makkad (Expert) 26 November 2011
I also agree with the already brought advices.

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 November 2011
No instructions from the client PURSIS is sufficient by the advocate. His appearance was for the initial period on oral instructions which Was not confirmed in writing by the party so contract ends and no liability of the advocate.

prabhakar singh (Expert) 27 November 2011
In my opinion where now a days there are only allegations and allegations against advocates
the safer root is to inform the client by registered post as well as by sms and a record thereof should be kept and when even then he does not respond ,the court should be informed about no instructions.

Time has come when advocates must be extra cautious about these matters because looser in litigation look to blame and finds his own advocate a good target.

Arun Kumar Bhagat (Expert) 09 January 2012
Ans;1) He should inform the Court that the client is not contacting him.

2) Advocate will have to face Bar Council.

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