What is a Vakalatnama Format in India?

A Vakalatnama is an essential legal document. It is for a person that authorizes a lawyer to represent the client in court. So, a Vakalatnama format is a crucial step between a client and their lawyer. It gives an official authority to an advocate to plead, sign, and act on client’s behalf in the legal proceedings. It is important to understand this format to make a successful court representation. In this blog, you will get guidance on a Vakalatnama format in India.

What is a Vakalatnama?

In India, the term Vakalatnama is generally known as Vakalat, Vakalath, or Wakalat. The term has come from Persian. In this term, "Vakalat" refers to authority or representation. The term "nama" specify the document. So, it is an Indian legal document to authorize a lawyer (advocate) to represent a client in court of law. In other words, we can say that it functions similarly to a power of attorney, but is limited strictly to court proceedings and legal representation. It gives authority to lawyer to act on behalf of the client.

You cannot find the specific mention of Vakalatnama in the Civil Procedure Code, 1908 (CPC) or the Power of Attorney Act, 1882. It is officially determined under the Advocates Welfare Fund Act, 2001, Section 2(u). According to this act, a Vakalatnama contains a memorundum of apperance or any other document. It authorizes an advocate to represent a client before court proceedings.

Once signing a Vakalatnama, a client authorizes the lawyer to:

a) Appear and argue in court

b) File documents and pleadings

c) Apply for certified copies of orders or judgments

d) Engage other advocates if required

e) Receive notices on the client’s behalf

Key Components of a Vakalatnama Format

Listed below are the key components of a Vakalatnama Format:

• Date of execution of the Vakalatnama

• Case details, that includes case number and parties involved

• Name of the court where the case is being presented

• Name and signature of the Client

• Lawyer’s name, address, and signature accepting the Vakalatnama

• Scope of authority granted to the advocate

• Terms and conditions, including legal fee agreements (if applicable)

• In case of the executed by an authorized agent, a supporting documents should be attached.

Important Key Points for Preparing or Signing a Vakalatnama

Here are the important key points for preparing or signing a Vakalatnama:

Correct Details

You must put correct details. This can include names, addresses, and case details. You must also match the case records.

Scope of Authority

It is important to be specific on granting powers. It can include compromising or withdrawing the case.

Stamp Duty

You must attach the necessary court fee stamps as per the rules of the specific court.

Witness Signature

A witness Signature is not mandatory everywhere, but if you have it, it can bring authenticity.

Revocation

In case of a revocation the Vakalatnama later, you need to notify the court and the advocate formally.

Validity of a Vakalatnama Format

A Vakalatnama format will remains valid until the following:

• Death of the client

• Death of the lawyer

• Client withdraws the authority

• Court grants permission for lawyer withdrawal

• Completion of the court case

What is the Standard Vakalatnama Format?

There is no fixed standard vakalatnama format has been set by law. Most courts and advocates use a standard structure with all essential details. It focuses on stating that who the client is, who the lawyer is, what powers are being given, and in what situation.

Key Elements

Listed below are the key elements of the Vakalatma format:

• Client & Advocate Details

It includes- Names, addresses, and identification.

• Case Details:

The details can include- Court name, case number, type (suit, appeal).

• Scope of Power

It means authorizes the advocate to act. Appear file pleadings, argue matters, and receive notices. Etc. in the specific matter.

• Execution             

Date, signatures of client and advocate (accepting the role)

How to Cancel a Vakalatnama in India?

A client can cancel a Vakalatnama in case they lose confidence in their current advocate. Here are the ways:

1- You can submit a written request to the court requesting cancellation.

2- You need to inform the lawyer and get the court approval if required.

3- Confirm that a new advocate is appointed before revoking the earlier one to avoid complications.

Thus, it is suggested that appoint a new advocate simultaneously to avoid gaps. An existing lawyer continues to hold an authority until the cancellation is approved.

Benefits of Vakalatnama

Here are the key benefits of the Vakalatnama:

Legal Authorization

It gives official permission for a lawyer to act on behalf of the client.

Court Record

The document is a part of the court file and guarantees who represents the client.

Protects the Lawyer

It protects the advocate from allegations of unauthorized appearance.

Streamlines Proceedings

It proves notices, summons, and orders that is sent through the authorized lawyer.

Conclusion

To sum up, a Vakalatnama is an essential legal document to encourage advocates to represent client in court proceedings. A client (litigant) and advocate (lawyer) must understand the Vakalatnama format. So, the advocate can plead, sign, and act on the client’s behalf in the court proceedings. It helps lawyers to act with the correct authority, file documents, and more in court.

FAQ

Q1. What is a Vakalatnama?

A Vakalatnama refers to a crucial legal document. A lawyer uses the document to authorize representation of a client in court proceedings.

Q2. Why is the Vakalatnama Format important?

The importance of the Vakalatnama format is to prove. It proves that the advocate has valid authority. They can act, appear, and plead on the client's behalf. This helps to prevent legal delays or complications.  

Q3. Can a Vakalatnama be Canceled or revoked?

Yes, you can cancel or revoke a Vakalatnama.

Q4. Is there a single and universal Vakalatnama format for all courts in India?

No, there is no single and universal Vakalatnama format for all courts in India.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.