Can advocate appear and plead in a cas where another Advocate has filed vakalat?
N.K.Assumi
(Querist) 12 March 2009
This query is : Resolved
Is it proper for an advocate to appear and plead in a case where another Advocate has filed vakalat?
Tribhuwan Pandey
(Expert) 12 March 2009
A party may engage many advocates to conduct his case. There are no such rules and regulations where one advocate has filed vakalatnama the another will be barred.
Where it appears the client is avoiding dues remaining to his previous advocate then to conduct such type of matters are against the professional ethics. In such cases client should ask to take or endorse in vakalatnama no dues from his previous advocate.
N.K.Assumi
(Querist) 12 March 2009
Dear Pandeyji, Thsnk you for your kind information.
M. PIRAVI PERUMAL
(Expert) 12 March 2009
When an advocate is already on record in a case then other advocate cannot appear in the said case unless and until the vakalathnama already issued is cancelled by the client or no objection endorsement is made by the advocate who is on record.
N.K.Assumi
(Querist) 12 March 2009
Very interesting, lets hear more from other hon'ble members.
PALNITKAR V.V.
(Expert) 12 March 2009
The rules differ from state to state. Normally the High Courts make rules under the Advocates Act. In some states NOC is required and in some states, it may not be required.Please check the rules applicable to your state.
Kamlesh soni
(Expert) 12 March 2009
i agree with my above learned friends
Adv.Shine Thomas
(Expert) 13 March 2009
It was decided in Giriraj Parshad Sharma Vs Rajastan Uni,1987.Civil court cases 37 appearence of another consel in the case without obtaining the permission of the counsel already engaged bt the client,it is misconduct on the part of the advocate appearing afresh.
Manish Singh
(Expert) 13 March 2009
Dear Members,
as per the Rules of BCI, it amounts to professional misconduct. I am providing the said Rule hereinunder :
Rule 39 in Section IV, Chapter II, Part VI--
"An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court."
PALNITKAR V.V.
(Expert) 13 March 2009
This ultimately means that one can appear with permission of court without obtaining NOC. But some of the HCs have also made rules in that behalf.
Manish Singh
(Expert) 13 March 2009
yes, HCs also make rules concerning the same and that shall prevail over these rules since a High Court has been given constitutional powers under Art 225 of the Constitution.
A. A. JOSE
(Expert) 13 March 2009
While agreewith the view of Mr.ManishSingh hereinabove, I would like to add that the present question was answered in the recent past also .
K.C.Suresh
(Expert) 14 March 2009
Shine and Manish is more accurate and correct. Thanks
K.C.Suresh
(Expert) 14 March 2009
Shine and Manish is more accurate and correct. Thanks
MANISH
(Expert) 14 March 2009
Yes, an Advocate may appear and even plead, provided that he is having authority by the advocate whose vakalatnama is on record. An authority by client may also be O.K. but in such cases, there is a chance, so normally courts ask about the NOC from prior advocate who vaklatnama is on record.
Guest
(Expert) 25 March 2009
I agree with Mr. Manish Singh.
