pun (eng) 16 November 2013

Queries on vakalatnama

Hello Members,

I have some queries in this regard.

1) What if the 3 to 4 lawyer's name is given in vakalatnama filed by opponent party's counsel and it is not signed by all the lawyer's whose names are there. the lawyer whose name is given in vakalatnama but has not signed is the only who is appearing in this case.

2) if a new vakalatnama is filed by a new lawyer from the opponent party's side which is signed by this new lawyer only. does this new vakalatnama make the old one invalid means if still any lawyer whose name was in old vakalatnama only can appear in this case without signing the new vakaltnama.

3) if any lawyer has not filed vakalatnama for a client in other proceeding and has never appeared but in the proceeding where he is the authorized lawyer of the opponent party is claiming that he is representing the client in other proceeding also where his vakalatnama is not filed.

Is there anything wrong in all above mentioned situations which we can use against the opponent party/lawyer in our cases.

pls consider my above asked queries in regard to civil / matrimonial proceedings in civil / family courts.

Thanks

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3 Replies

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 16 November 2013

This is most imp and vital issue and can make or break the case if handled properly. Reply will depend on who you are on the side or against.

BAALASUBRAMANNYAMM (Advocate) 16 November 2013

(1) Generally, in big advocate offices are maintaining printed Vakalatnamas, mentioning the name of the Senior Counsel and all his junior advocates. If you once singed on a printed vakalat, all the advocates should made an endorsement of "acceptance" on the vakalat. It seems all of them are agreed to accept your vakalat. In case, any one of them have signed, the only advocate is authorized to defend the case on your behalf, the rest of the advocates, only able to represent before the court, on behalf of the advocate, who holds vakalat..

(2) No advocate is entitled to defend on any person, without holding vakalat/Memo of appearance on his behalf.

(3) If any person, who wants to change his advocate, who already holds vakalat in his behalf, has to take "No objection Vakalat" from the existing advocate and then only, the new advocate is entitled to file vakalat on your behalf.

pun (eng) 16 November 2013

As I said, all this is done from the opposite party and her lawyers.

I request you to reply my point wise queries. The reply given by Bala subrhmanyam is the general information on vakalatnama but I am interested to know about the action items in case the above mentioned 3 points are happened in my case.

Thanks