Vakalatnama is a written document submitted before a court by a lawyer/solicitor/advocate/counsel declaring that his clients have authorized him to represent them in a legal dispute. Vakalatnama is also referred to as ‘Vakil Patra’ with the abbreviation ‘VP’.

WHO CAN AUTHORIZE A VAKALATNAMA?

The following can authorize a Vakalatnama:

• An aggrieved person can authorize a Vakalatnama

• Anybody holding the Power Of Attorney for the aggrieved person

• Anybody representing the aggrieved person in business or trade in that jurisdiction.

• A Vakalatnama can also be authorized by a joint party in a case in order to appoint either a set of advocates or the same advocate

CONTENT OF A VAKALATNAMA-

A good Vakalatnama should contain the following:

• The date the Vakalatnama would be executed

• The name of the case/cases which the advocate is being appointed

• The name of the court/courts which the advocate is being appointed

• The name of the person authorizing the Advocate/advocates

• If the Vakalatnama is not executed by the issuer in person, then a written document should support the appointment of the advocate

• The advocate’s address so appointed

• The power is given to the lawyer

• Signatures of the parties

• Advocate’s signature accepting the Vakalatnama

TERMS OF VAKALATNAMA-

The following terms are applicable in a Vakalatnama:

• Regardless of a lawyer’s decision, a client shall not hold him/her responsible

• All the legal costs involved in the case shall be borne by the client

• The lawyer has a right to keep the documents until all the agreed fees are paid

• At any stage of the legal tussle, the client is at liberty to disengage the lawyer

• The lawyer has the right to take any decision he/she deems fit during the hearing of the case

• A Vakalatnama is attached at the last page of a suit/plaint and it is stored alongside the court records

• A Vakalatnama does not require a fee. However, currently, the rules of the Delhi High Court requires that applicants should pay INR. 10 on what is termed “Advocate Welfare Stamp” which should be attached on the Vakalatnama.

• The court fee payment should be attached. The value of the court fees is usually a percentage of the claim’s value of the suit. Also, the amount is clearly mentioned in the Court Fees Stamp Act.

HOW LONG DOES A VAKALATNAMA LAST?

A Vakalatnama is valid until:

• The death of the client; or

• The death of the lawyer; or

• The client withdraws it; or

• A court gives approval for the lawyer to withdraw it

• The conclusion of the court case

HOW TO CANCEL A VAKALATNAMA AND APPOINT A NEW ADVOCATE

There are situations whereby you no longer have confidence in your advocate and you wish to cancel the Vakalatnama in order to appoint a new advocate to keep representing you in legal disputes. Please note that it is dangerous to appoint a new advocate without canceling the exiting Vakalatnama because your previous advocate can take decisions which you will be liable for.

In view of the above, this section will explain how to cancel an active Vakalatnama.

• You will write a letter/email to the previous advocate mentioning that you wish to cancel the Vakalatnama

• Ensure the letter/email is delivered to the advocate and he/she acknowledges receipt of the letter or email

• The Vakalatnama becomes invalid once the advocate acknowledges receipt of the letter or email

• You will also send a copy of the same letter to your new advocate

• You will inform the court by filing a copy of the same letter for proper documentation

• The copy of the letter must bear your original signature

• Then, you will issue another Vakalatnama authorizing your new advocate to represent you in court

The new Vakalatnama should also be filed in court for records

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