Why Do Advocates Need Vakalatnama From Clients?

Vakalatnama is Power given by a litigant to his/her Advocate to appear/plead before any court of law on his/her behalf. It is also known as Power, Vakil Patra, VP. An Advocate is engaged by a person or entity by signing Vakalatnama. Without Vakalatnama, an Advocate cannot appear before court of Law on behalf of the client.

It is a usual practice of Advocates to get Vakalatnama signed by their client at the first instance. Litigants usually do not read the contents/terms stated in the Vakalatnama at the time of signing the same. It is advisable to read the terms of the Vakalatnama so as to avoid unwanted controversy going forward as Vakalatnama is a contract of agency which states the acts which an Advocate can perform on behalf of his client. Further, the terms of the Vakalatnama states that the Advocate cannot be held responsible for the outcome of the case. It also states, the fee paid to the advocate shall not be refunded and if the case prolongs more than 2-3 years, the original fee is to be paid again to the Advocate.

Apart from aforesaid terms in the Vakalatnama, there may me other terms incorporated in the Vakalatnama and hence, it makes sense to read the contents/terms of the Vakalatnama before signing the same. The client/litigant has a right to withdraw the power given to the advocate at any stage of the case and similarly the advocate can withdraw his/her vakalatnama at any stage but with the permission of the court.

 The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate

9958319099

www.nyayoptions.com