Re-drafting Vakalatnama

Guest (Querist) 09 September 2010 This query is : Resolved
I have seen the terms of vakalatnama and got a little depressed to read that our advocates can file a lot of applications and docs on our behalf.

what if they file some wrong application or doc on our behalf ?

Can we re-draft Vkalatnama according to our understanding ?

can we limit the powers given to our advocates through these general vakalatnamas,can we edit it,add or delete new terms in it?

Guide please.

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adv. rajeev ( rajoo ) (Expert) 09 September 2010
You cannot redraft the vakalatnama, it is prescribed format. Without your affidavit along with an application an advocate cannot produce any documents or any applications. Moreover how come an advocate will produce the wrong documents without bribing to your knowledge. Whatever document you would give to him that will be produced in the court. No advocate will produce the doucment or any application.

s.subramanian (Expert) 09 September 2010
The advocate is meant to espouse your cause. If you doubt his integrity on valid grounds you change him.

Rajeev kulshreshtha (Expert) 09 September 2010
I agree with the experts.

Adv Archana Deshmukh (Expert) 09 September 2010
The applications/documents that you see can be filed by the advocate on behalf of the client are in fact necessary things in course of the trial and an advocate needs to have that much authority to do these things on behalf of the client. If you don't trust your advocate then you can change your advocate. If you don't trust any advocate then, you can contest the case in person.

Ajay Bansal (Expert) 10 September 2010
as above

Adv ramesh chheda (Expert) 14 September 2010
with due respect let me say that vakalatnama is a contract/ agreement between the client and advocate and therefore it can be modify according to their need. Generally no one does it and make use of standard form but it is now high time fr both advocate as well fr client to define their rights and duties in detailed while signing vakalatnama.

R.Ramachandran (Expert) 16 September 2010
The Vakalatnama is only a power of attorney given by a client to his Advocate empowering him to represent him before the Court. In the course of representing him, if there is any need for filing any application/documents etc., the Advocate is being authorised through the Vakalatnama. Whenever any application is to be filed, it can be done only with supporting affidavit of the client. Therefore, the client would definitely know as to what is being filed. It is not as though the Advocate would be filing something in the court behind the back of his client.

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