What is Vakalatnama

byDinesh Gardia


 

            What is Vakalatnama 

A Vakalatnama is a legal document that gives an advocate (lawyer) the authority to represent a client in a court of law or before any legal authority. It is a formal written authorization allowing the lawyer to act on behalf of the client in legal proceedings, file documents, and make arguments.

Purpose of a Vakalatnama

  • It enables a lawyer to act on behalf of the client in legal matters.

  • It allows the lawyer to file petitions, applications, and documents in court.

  • It ensures that the lawyer can argue, cross-examine witnesses, and make decisions regarding the case within the given authority.

  • It protects the client's legal interests by allowing a qualified professional to handle the case.

Key Features of a Vakalatnama

  1. Legal Authorization – It legally appoints an advocate to represent a person in court.

  2. Scope of Authority – The advocate can file and withdraw cases, make arguments, and take necessary legal actions.

  3. Non-Transferable – The lawyer cannot transfer the Vakalatnama to another lawyer unless explicitly permitted.

  4. Court Fees – A Vakalatnama may require a court fee or stamp duty, as per the legal requirements of the jurisdiction.

  5. Revocation – The client can revoke the Vakalatnama at any time by giving written notice.

  6. Validity – It remains valid until the case is concluded or withdrawn, unless specifically revoked by the client.

Contents of a Vakalatnama

A typical Vakalatnama includes:

  • Name, address, and details of the client (party to the case).

  • Name, address, and enrollment number of the advocate.

  • Details of the case (court name, case number, and parties involved).

  • Powers and responsibilities granted to the lawyer.

  • Signatures of the client and the advocate.

  • Date and place of execution.

Legal Value of a Vakalatnama

  • A case cannot proceed in court without a valid Vakalatnama if an advocate is representing a party.

  • It is an essential document in litigation and court proceedings.

  • Once signed, the advocate has the right to act on behalf of the client, subject to legal and ethical limitations.

When is a Vakalatnama Required?

  • Filing a petition or suit in civil or criminal courts.

  • Representing a party before a tribunal, arbitration panel, or other legal bodies.

  • Filing appeals and revisions in higher courts.

  • Defending a case on behalf of the client.


    A Vakalatnama is a legal document that authorizes an advocate to represent a client in a court of law. It is commonly used in India and other countries with similar legal systems. Below is a long-format version of a Vakalatnama:

                         VAKALATNAMA

    (To be presented before the Hon’ble Court of ________)

    IN THE COURT OF: ___________________________

    CASE TITLE: _____________________________________
    (Example: ABC vs. XYZ)

    CASE NUMBER: __________________________________

    KNOW ALL MEN BY THESE PRESENTS THAT:

    I/We, _______________ (Name of the Client/Petitioner/Defendant), son/daughter/wife of _____________, residing at ___________________________, do hereby appoint, engage, and retain Mr./Ms. ______________, Advocate(s), Enrollment No. ____________, having an office at ________________, as my/our Advocate(s) to appear, plead, act, and conduct the above-mentioned case on my/our behalf before the Hon’ble Court of ___________________________.


    AUTHORITIES AND POWERS GRANTED

    I/We authorize the above-named Advocate(s) to:

    1. Appear and plead before the Court in all hearings and proceedings related to the case.

    2. File applications, affidavits, and documents necessary for the proceedings.

    3. Argue the case, examine and cross-examine witnesses, and present oral and written submissions.

    4. Withdraw or compromise the case, if deemed appropriate in my/our interest.

    5. Receive copies of judgments, orders, and documents related to the case.

    6. Seek adjournments, file appeals, revisions, or any other necessary legal remedies.

    7. Appoint another Advocate or Counsel for assistance or to act on behalf of the case.

    8. Take all legal steps required to protect my/our rights and interests in this matter.

    I/We undertake to abide by all the acts done by the said Advocate(s) in pursuance of this authority.

    NO COMPENSATION CLAIM

    I/We further declare that I/We shall not hold the said Advocate(s) responsible for any adverse order or judgment passed by the Hon’ble Court.

    REVOCATION

    I/We understand that this Vakalatnama shall remain in force until the disposal of the case unless revoked by me/us through a written notice.

    SIGNATURE AND DETAILS

    Date: ____________
    Place: ____________

    Signature of Client(s)/Petitioner(s)/Defendant(s):

    (Name)
    Address: ____________________________

    Accepted & Signed by Advocate(s):

    (Advocate's Name)
    Enrollment No: ________________
    Address: ____________________________

    Stamp and Court Fees

    As per applicable legal provisions, the requisite stamp duty and court fee (if any) shall be affixed to this document.

    This format is commonly used in Indian courts and similar legal systems. It ensures that an advocate is legally authorized to represent a client in legal proceedings. Let me know if you need any modifications based on specific jurisdictional requirements.

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