Vakalatnama
Bindu
(Querist) 22 February 2009
This query is : Resolved
Sir,
I was working with one firm, there was 138 mattter filed in court-the said complaint was prepared by my colleague, I was not aware about the facts of the case.
Our firm asked to file vakalatnama us(my colleague & me) on behalf of firm.
The matter was filed in court by my colleague using the same vakalatnama.
Soon after that my colleague left the firm, and after a months time I joined an independent lawyer.
Wht happened in that case, the accused approached me & asked me to appear for her.
My query is can I file my vakalatnama on her behalf( Vakaltanama for complainant has now be signed by some other advocate from the same firm)
Can opposite advocate for complainant take objection on filing my VP. Frankly, when the complaint was handled by my earlier colleague- from drafting to filing, appearance- only the vp contains that colleague & my name. At no point of time I was aware about the facts of the case
My senior tells me I shall take up the matter
Regards,
Bindu
PALNITKAR V.V.
(Expert) 22 February 2009
Frankly speaking you should avoid taking vakalatnama of the accused if your vakalatnama was filed earlier on behalf of complainant[though on behalf of firm].
Srinivas.B.S.S.T
(Expert) 22 February 2009
The vakalatnama filed earlier by you and your friend was no longer in force as some other advocate from the firm filed a fresh vakalat on behalf of the complainant. So legally there is no obstacle for you to file Memo of Appearance on behalf of the accused. But it will be better not to file MOA on behalf of the Accused as it is unethical.
Jithendra.H.J
(Expert) 22 February 2009
you should not appear on behalf of the accused, it is against ethics.
Bindu
(Querist) 23 February 2009
Thanx
My doubt is cleared thnx I shall not take up the matter
B.B.R.Goud.
(Expert) 23 February 2009
you took professionally good decision to maintain the professional ethics.
wish u all the best.
Kamlesh soni
(Expert) 23 February 2009
you should not appear on behalf of the accused, it is against ethics.
A. A. JOSE
(Expert) 26 February 2009
I endorse above view.
Bindu
(Querist) 27 February 2009
Thanx everyone for replying my query
MANISH
(Expert) 14 March 2009
Dear friend,
You senior is not guiding you properly and is exploiting you by giving vague justifications.
You shall not file vakalatnama on behal of the accused nor can you appear at any point of time in the court on behalf of accused, when you have already filed vakalatnama on behalf of the complainant.
Bindu
(Querist) 14 March 2009
Thanx Manish
