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Vakalatnama of Ld. Adv.

What Law says about “Vakalatnama” submitted by a Advocate in scenario like this?

(A) Advocate ‘A’ submits his vakalatnama and after sometime he is no more seen (he does not appear) in the case but the vakalatnama is still in court records there is no NOC (no objection certificate) in record and or party who engaged A has not even filled any relieving papers in court that Advocate ‘A’ services are no more enggaged by her ???

(B) Now Advocate ‘B’ joins the proceedings and he also submits vakalatnama and does the above and same way party engaging B also does above???

(D) Now comes into picture Advocate ‘D’ and same things like above happens???

Now what I specifically wants to know is

(a) Are all 3 advocates whose vakalatnama is still in court records are still termed and or called advocates on record for that suit / proceedings?

(b) In a Destitution / Penury case can I draw adverse inference of the Court by stating she has 3 advocates on record plus the current one as Advocate D / 4th. ?

(d) Was it mandatory to withdraw Vakalatnama of by previous 3 advocates? Or was it necessary that the party who has enggaged the 3 advocates should have submitted NOC or relieving letter in court?

(e) How does Law see all these in clear picture in terms of adverse inference if any or is it acceptable?

Please advise?

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10 Replies

K.C.Suresh (Advocate) 01 December 2008

The court has accepted all the vakkalathnama. What prejudice the opposite party have in this issue. I think there is no adverse inference in this matter.

Mrs. Hetal Sunil Shah (Advocate) 05 December 2008

I am fully agsree with KC. All three advocates who are engaged and submitted their vakalatnama are advocates for the party whosoever engaged him/her. But it is at the discretion of Court to whom entertain for the proceedings in the Court. One can engage as many as lawyers as he/she wants, under the Advocate's Act. But it is common Professional ethics that when one advocate furnishes his Vakalatnama he should seek NOC from the retiring previous one. If new entering advocate do not bring NOC of retiring advocate, and Court as well the Opponent or parties in the litigation do not object, it is not desirable to bring NOC, but finally it is at the discretion of Hon'ble Court. If Hon'ble Court ask the new entering advocate to get NOC from retiring one, he has to bring it and if court waive under circumstances, the advocate can proceed.

PRADEEP (EXECITIVE) 17 February 2010

I have given vakalatnama to my advocate for a case in a high court as a petitionor and still pending for judgment. In the mean time I HAVE BEEN MADE the RESPONDENT in other case. My advocate is asking me to give Vakalatnama for the same My worry is can this vakalatnama can be missused by my lawyer by striking out the case number and use it or the first case for withdrawing.

Daksh (Student) 17 February 2010

Dear Mr.Pradeep,

Without your instructions your Advocate cannot do anything on his own as such all your fears are unfounded. Moreso to be practical while giving the second Vakalat you may communicate to your lawyers that the same is being given for specific purpose and not otherwise and hence forth all the instructions will be given in writing only. Tomorrow if your Advocate does not follow your instructions you have remedy in court of law as well as with BCI.

Best Regards

Daksh

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 18 February 2010

a) yes.

b) one has this right . as many as one likes can engage. but on objection either by the party enaged or by the advocate itself court may delate the names from the record. though all advocates are there but the last one generally works. but they all have the right to appear. it is her right and opponent can not ask.

c) nothing. it is one's individual right.

d) system of NOC is there but it is for protect the interest of the advocates. sometimes it happens that, the party do not pay the professional charges and engaged a new advocate to resist it , system of noc is there.

e) it is not the matter of opponent party's look out. if the opponent party objects, it will be effectless. but it is against the party's interest who engaged so many lawyears, and all are equally powered, one of them may, in a fine morning, do some adverse work against the party engaged the said lawyer.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 18 February 2010

mrs. hetal,

"If Hon'ble Court ask the new entering advocate to get NOC from retiring one, he has to bring it and if court waive under circumstances, the advocate can proceed. " court do not do such, if any one did it, then the court went beyond it's power. sometimes advocates unofficially approach the court that the party engaged another advocate without paying her fees, then the court advice new advocate to settle the matter out of court..onthat time new advocate ssk NOC to the party.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 18 February 2010

mr pradeep, i am very happy to see your alertness. generally such things do not happen, but it is expected that the parties should always be alert like you.

vakalatnama in fact a format, you can give a typed format prepared by yourself, with mentioning that for which case you giving this vakalatnama ie mention the case no in the vakalatnama. it will safe you.

however your advocate is correct here. for each and every case, as you a private party, you have to give seperate vakalatnama. where you are petitioner, that is one case; where you are respondent, it is your second case, you have to give a seperate vakalatnama.

i could not remember where the format of vakalatnama is there cpc or advocates act.