Vakalatnama

Sashi Kumar (Querist) 04 March 2017 This query is : Resolved
I am in the process of appointing an Advocate. Please advice.

My Question is:

What clause can I add in the Vakalatnama so I have the right to terminate the Vakalatnama with my advocate without getting his No Objection and appoint another advocate without going through any problem with my current advocate and court process.

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Guest (Expert) 04 March 2017
Vakalat is a document to be submitted in Honorable Courts and such statements will not be entertained.If you are So Particular and if your Concerned Advocate is willing you could take " change of Vakalat " signed by him now it self for your satisfaction.

Sashi Kumar (Querist) 04 March 2017
Can we have more than one advocate, do we need separate vakalatnama for each advocate.

J K Agrawal (Expert) 05 March 2017
by a single vakalatnama you can appoint so many advocates. But once a power is filed you can not file a second Power without NO Objection from previous Lawyers.

Generally the lawyers do not hesitate to give NOC unless there is no issue of Fee.

However you can incorporate a condition that you will be free to engage any other advocate without NOC in Vakalatnama itself.

Sashi Kumar (Querist) 05 March 2017
Mr Agrawal, Thank you for your advice. Can you please provide the wording that can be incorporated in the Vakalatnama so I would be free to engage any other advocate without NOC.

I need to have an option open in case my advocate does not perform accordingly or falls ill or goes on vacation.

Adv. Yogen Kakade (Expert) 07 March 2017
Every of your query is repeated many times.. irrelevant questions.
What if you appoint two lawyers and both fall ill or go on vacation together?

J K Agrawal (Expert) 07 March 2017
if you give any right to any third person, it is always risky because he may use it. You should hire advocate for each date only so that you can have complete control over your case. It is fine and fool proof idea.

Guest (Expert) 08 March 2017
Expert Mr.J.K.Agrawal Could Kindly Legally Justify Your Statement "by a single vakalatnama you can appoint so many advocates"

J K Agrawal (Expert) 09 March 2017
Dear Rajkumar Ji
Namaste

My mean was that when we sign a vakalatnama, we write names of so many advocates like Me, my assistant, my colleague advocate etc. Like this in fact there are so many counsels on behalf of the client. But once the power is submitted, it is not possible to add any other advocate as the power is part of court record.

Thanks

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