Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Can an advocate appoint another advocate on behalf of his client?

(Querist) 02 November 2014 This query is : Resolved 
Respected Sir,

Can an advocate appoint another advocate (with his own signatures on Vakalatnama) on behalf of his client?
Shailesh Kr. Shah (Expert) 02 November 2014
yes, appointed advocate can appoint another advocate. This declaration is already mentioned in vakalatnama.
Sudhir Kumar, Advocate (Expert) 02 November 2014
read vakalatnama.
Devajyoti Barman (Expert) 02 November 2014
No, he can not unless so specifically empowered by client.
Power delegated can not be further delegated without the consent of the principal.
R.K Nanda (Expert) 02 November 2014
no, he cannot do it.
Sudhir Kumar, Advocate (Expert) 02 November 2014
better come with facts of the case.
Anirudh (Expert) 02 November 2014
I find the views of the all the Experts quite correct, but depending upon fact situation.

Generally, in the Vakalatnama's given by the client, one of the clauses in the Vakalatnama more or less to the following effect appears:

"To appoint and instruct any other Legal Practitioner(s)/Consultant(s) authorizing him to exercise the power and authority hereby conferred upon the advocates whenever they may think fit to do so and to sign the power of attorney on my/our behalf."

This naturally gives power to the Advocate to engage another Advocate.

ONLY IN THE ABSENCE OF ANY SUCH CLAUSE IN THE VAKALATNAMA, or any similar clause, One advocate cannot appoint any other Advocate.
Nadeem Qureshi (Expert) 02 November 2014
yes, he/she can engage any other lawyer for his/her client if there is any clause in vakalatnama.
K.K.Ganguly (Expert) 02 November 2014
No, he can not do it of his own.
V R SHROFF (Expert) 02 November 2014
Only with consent of client.

Our VP sample :
VAKALATNAMA
I Shri XYZ PLAINTII/ DEF / ACCUSED hereinabove do hereby appoint Shri.ABC & Shri EFG _______________ Advocates to act, appear and plead for me in the above matter.
In witness whereof, I have set my hands to this writing on this 2ND day of November 2014.
XXXXXXXXXXXXXXXXXXXXX
SIGN

HERE ONE CANNOT DELEGATE HIS POWER TO APPOINT ANOTHER ADV. HE NEED NOC
V R SHROFF (Expert) 02 November 2014
As Querist is Pakistani Advocate, their VP conditions may differ.
ajay sethi (Expert) 02 November 2014
in maharashtra there is no clause authorising advocate to appoint any other advocate . format of vakalatnama varies from state to state
Rajendra K Goyal (Expert) 02 November 2014
Academic query.
CHAUHANMA (Querist) 02 November 2014
Many thanks to all respected friends,
M. A. Chauhan
T. Kalaiselvan, Advocate (Expert) 05 November 2014
The contents of vakalatnama are to be seen to confirm the issue.


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