Liabilty of a Junoir Advocate

Dear sir , this is simple problem. Just give a pursis before  DRT that you have no instructions.

dear you are a 30 yrs old man now, may be junior or assistant counsel with some one...but you must not be so disturbed on such issues.

Mr. Sashi Kumar correctly advised you to apprise the DRT about lack of instructions and you may withdraw your Power of Attorney also.

As far as your relations with your senior are concerned, you have to manage it politely, you may leave his office to join some one else if you fell disturbed but dont take such incidents to heart....in my initial phase I argued worst possible cases for my senior....take it as a lesson and proceed ahead.

let the client face the consequences for his own conduct.

Mr. Sashikumar and Mr. Kiran have given very valuable advice to you.

In any case, only you having signed the Vakalatnama (and not your senior) as an Attorney you are responsible to your client.  You are supposed to communicate to your client (preferably in writing)  whatever that transpires in regard to the case in question.  In case any document etc., is required to be filed before the court as per the directions of the court, and the informationis required to be provided by the client, then on the same day the communication has to be made to the client asking him to bring the documents etc., on or before the next date of hearing.  Intimating the client in person on the last day "today is the date of hearing" is certainly not correct.

At least in future, instead of expecting the client to come to you and find out what is the outcome in the court, please be proactive and try to communicate with him in writing, to save you from any possible trouble.

For the present, ofcourse, you have received sound advice from Mr. Sashi and Mr. Kiran.

I am agree with Mr. kiran kumar and Mr shashi kumar

sent regsitered letter to the client stating the entire  status of case and consequences

the he will ask your senior about everything

Dear LCI members, there is a dire need to supervise State BC regarding designation  of senior Advocate like screening of Law Graduates to take up practice by way of Bar Exam. What are the criterion of designinting an advocate as a senior advocate? These are the root cause of poisoning the Judiciary in the Country, and we need to look into these aspects of designiting an advocate as a senior advocate. What are the criterion or a standard of designiting an advocate as a senior advocate? by length of years as an advocate? We need a complete overhauling of the systems?

Dear Assumi,

It is not the BCI which is granting the status of senior advocates.  It is the concerned High Courts.  There is a proper process for this. 

It would be advisable for you to first understand the criterion and procedure, before passing any critical comment on the subject.  The issue is many of us are ready to provide the solution, even before understanding the problem.

Thank you S.Ramachandran Sir, for the information. Sorry if there was any lapses in my postings and am ready to take it back as if it was never posted in the forum. Once again I stand corrected by your postings.

But let us ponder over for a Junior lawyer for 30 years?

Dear Assumi,

Again you are jumping to conclusions that the querist is a junior advocate for 30 long years.  On the contrary, he says that he is a junior advocate of 30 years.  When he says that he is a junior advocate of 30 years (not for 30 years), he does not  talk about his number of service as junior advocate, but his real biological age.    There is a vast difference between of 30 years and for 30 years.

Plz communicate through registered letters next time rather than visiting him personally and do mention in such letters that if u fail to contact/meet ur vakalatnama will be be withdrawn. Most important is that u should be present in next date and withdraw ur vakalatnama with "NO instructions"

U can be held liable before BCI if he compalins that u didnt appear in court on the date fixed. so next time be cautious.
 

The laid down procedure is to declare by the Sr. Advocate in concerned district court the names of his staff members and junior advocate. If a Jr. Adv. is appearing in a contested matter, the Hon. Court would definitely raise eyebrow and try to get the name of the Sr. Adv. Again all advocates should be careful in signing VPs. In the Vadodara Dist. Court, the President of the Baroda Bar Assocn. was prosecuted against and his Sanad has been suspended for 2 years in a case wherein his signature was taken as a goodwill without his knowledge of the facts. So be careful in future. Clever advocates gets the undertaking from the clients in the form of affidavit and they even mention the stage upto which his services would be available. Nowadays lawyers are called to the IT Office based on the length of their seniority. All these points should be kept in mind before signing any VP.

Dear Mr. Valentine,

I am sorry to say that what you have written here is completely out of context to the query posed.  Your reply has absolutely no connection whatsoever to the problem stated by the junior advocate. 

i think if you have signed vakalath means you are bound to represent the client in the civil matter.

If you would like to withdraw vakalath for some reason, you need to do so by taking court's permission and communicate the same to the client on his permenant or residence address and obtain the acknoledgement. Else, difficult for honorable court to withdraw your vakalath.