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LegalFighter (test)     12 October 2016

Can a senior send his junior while senior filed vakkalath

Dear Experts,

 

According to Advocate act 1961,Section 49(1)(3) rule-37, An advocate who filed vakkalath in a case should appear directly instead of sending his juniors.Is my understanding correct? If not please justify or correct me



Learning

 9 Replies

adv.bharat @ PUNE (Lawyer)     12 October 2016

According to the provision of advocate act it is correct.

LegalFighter (test)     12 October 2016

Dear Bharat,

For an instance, if you are doing the same act and if I question you with the above advocate provision as an opposite advocate,How would you justify your self in front of judge?

As a student I am just curious to understand the gaps between law and actual practices.


(Guest)
The one who files vakslath has to appear in court. Noe these adv work in groups, association and can take or appoint other adv on recommendations of client, will have date in other courts, hence judge won't mind if there is some other junior or other adv. Legally as client would have filed application to allow him.to appoint a adv to represent him in court, anybody can on behalf of vakalath signer unless until signer complains.

LegalFighter (test)     12 October 2016

@Gyan,I understood.So a junior can attend the court in the absence of the senior(a vakkalath signer) but either senior or client should have intimated to court to allow the junior right?

May I know how this process takes place with the help of senior? through a memo? or an application?

Sachin (N.A)     12 October 2016

Dear tamilinian,

The lawyer can send his junior /  proxy cousel in his/her place as he has having permission of the client to do so.

Check the points mention in vakalatnama

 


Attached File : 363811 20161012150153 721076855 vakalatnama high court of delhi.doc downloaded: 215 times

(Guest)
Tamil, What exactly is your problem wrt advocate?

LegalFighter (test)     12 October 2016

Thanks Sachin.This would suffice

LegalFighter (test)     12 October 2016

@Gyan:- Its an old story, I had lot more problems with unscrupulous advocates.You may recollect it from my old FB post:-)

https://web.facebook.com/ILikeMyChild/posts/844515598976898:0

 

This query is just for my understanding over the law.

1. Advocate Act,1961 section 49(1)(3) rule-37 says "An advocate shall not permit his professional services or his name to be used in aid of, or to make possible, the unauthorised practice of law by any law agency."

 

2. But as per vakkalatnama an advocate is allowed to send his junior since senior and client has authorized by thier signature.


(Guest)
First of all there is nothing called as Junior advocate. There are advocates practicing in high court who are called Senior advocates. Bar council of India doesnt recognize the term Junior advocate, nor does courts do. There are assistant lawyers who assist experienced lawyers. Assistant can max take dates, or if authorized can cross or do argue. But with permission of main advocate.

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