Dear Experts,
According to Advocate act 1961,Section 49(1)(3) rule-37, An advocate who filed vakkalath in a case should appear directly instead of sending his juniors.Is my understanding correct? If not please justify or correct me
LegalFighter (test) 12 October 2016
Dear Experts,
According to Advocate act 1961,Section 49(1)(3) rule-37, An advocate who filed vakkalath in a case should appear directly instead of sending his juniors.Is my understanding correct? If not please justify or correct me
adv.bharat @ PUNE (Lawyer) 12 October 2016
According to the provision of advocate act it is correct.
LegalFighter (test) 12 October 2016
Dear Bharat,
For an instance, if you are doing the same act and if I question you with the above advocate provision as an opposite advocate,How would you justify your self in front of judge?
As a student I am just curious to understand the gaps between law and actual practices.
LegalFighter (test) 12 October 2016
@Gyan,I understood.So a junior can attend the court in the absence of the senior(a vakkalath signer) but either senior or client should have intimated to court to allow the junior right?
May I know how this process takes place with the help of senior? through a memo? or an application?
Sachin (N.A) 12 October 2016
Dear tamilinian,
The lawyer can send his junior / proxy cousel in his/her place as he has having permission of the client to do so.
Check the points mention in vakalatnama
LegalFighter (test) 12 October 2016
Thanks Sachin.This would suffice
LegalFighter (test) 12 October 2016
@Gyan:- Its an old story, I had lot more problems with unscrupulous advocates.You may recollect it from my old FB post:-)
https://web.facebook.com/ILikeMyChild/posts/844515598976898:0
This query is just for my understanding over the law.
1. Advocate Act,1961 section 49(1)(3) rule-37 says "An advocate shall not permit his professional services or his name to be used in aid of, or to make possible, the unauthorised practice of law by any law agency."
2. But as per vakkalatnama an advocate is allowed to send his junior since senior and client has authorized by thier signature.