What a vakalatnama does
In civil cases the appointment of an advocate must be in writing, signed by the party and filed in court (Order III Rule 4 of the Code of Civil Procedure); every High Court and district court has rules prescribing the form. Once filed, the advocate can appear, plead, file documents and receive notices on the client's behalf in that case.
What it contains
- The court, the case number (or "to be numbered" for a fresh filing) and the names of the parties.
- The name of the client and the advocate or advocates being appointed.
- The powers given — to appear, plead, file and withdraw documents, and in many forms to compromise or receive money.
- The client's signature and the advocate's acceptance, with the advocate's Bar Council enrolment number and address for service.
Stamps and filing
Most states require an Advocates' Welfare Fund stamp to be affixed to a vakalatnama, and some courts also require a court-fee stamp. The amounts are fixed by each state and change from time to time, so check the current requirement with the court's filing counter or your advocate. The vakalatnama is filed with the first pleading or application, or separately if an advocate is appearing in a pending case.
Changing your advocate
A vakalatnama stays in force until the case ends or it is withdrawn with the court's leave. To change advocates, the new advocate files a fresh vakalatnama, usually with a no-objection from the previous advocate; if that is not forthcoming, the court can permit the change on application.
Why the vakalatnama matters for case tracking
Because every matter an advocate handles starts with a vakalatnama, it is the most complete record of their caseload. LIBRA uses it to import an advocate's cases in under a minute, then keeps each one in sync with the eCourts record and sends alerts before every hearing.
Common questions
Who signs a vakalatnama?
The client signs it to appoint the advocate, and the advocate signs to accept, adding their Bar Council enrolment number. Where there are several clients, each normally signs.
Is a stamp required on a vakalatnama?
In most states an Advocates' Welfare Fund stamp must be affixed, and some courts also require a court-fee stamp. The amounts are set by each state, so confirm the current requirement with the court or your advocate.
How long is a vakalatnama valid?
It remains in force until the proceedings end or it is withdrawn with the court's permission. A separate vakalatnama is usually filed for an appeal or for proceedings in a different court.
Can I change my advocate after filing a vakalatnama?
Yes. The new advocate files a fresh vakalatnama, usually with a no-objection from the previous advocate. If the previous advocate does not give one, the court can allow the change on application.