Category Archives: Bar Council

How To Sue An Unprofessional or Unethical Lawyer in India

How To Sue An Unprofessional or Unethical Lawyer in India

How To Sue An Unprofessional or Unethical Lawyer in India

Like all professions, the legal profession is also sprinkled with a few unethical and unprofessional lawyers. To top it off, they think that the mere fact that they are lawyers, gives them immunity from the law. This article deals with how to go about suing your lawyer and how to tackle legal malpractice.

Can a client sue their lawyer in India?

Yes. A client can sue their lawyer in India, if they believe that the lawyer is guilty of professional misconduct or is in contravention of professional ethics.

On what grounds can the client sue the lawyer?

–Coming soon–

I suspect that my lawyer has colluded with the opposite party in my legal matter, what action can I take against him?

An advocate is duty bound to the client, not to disclose the communications between himself and his client to any third party, without the express consent of the client. The advocate also has a duty  to make a full and frank prior disclosure to the client, regarding the advocates interest or stake in any matter for which the client wants to engage him. An advocate should not misuse or take advantage of the confidence reposed in him by his client.

Breach of any of the above standards makes a lawyer liable for disciplinary action. A formal complaint can be made to the State Bar Council or Bar Council of India.

What laws cover legal malpractice and breach of professional ethics of lawyers in India?

Currently, The Advocates Act 1961 specifically deals with professional misconduct by legal practitioners in India and deals with the procedure and punishment.

What amounts to breach of Professional Ethics or Professional Misconduct?

Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules. These rules have been placed there under section 49(1)(c) of the Advocates Act, 1961.

The whole list of professional standards for advocates in India can be seen at this link: http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

  • Act in a dignified manner
  • Respect the court
  • Not communicate in private
  • Refuse to act in an illegal manner towards the opposition
  • Refuse to represent clients who insist on unfair means
  • Appear in proper dress code
  • Refuse to appear in front of relations
  • Not to wear bands or gowns in public places
  • Not represent establishments of which he is a member
  • Not appear in matters of pecuniary interest
  • Not stand as surety for client

RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT

  • Bound to accept briefs
  • Not withdraw from service
  • Not appear in matters where he himself is a witness
  • Full and frank disclosure to client
  • Uphold interest of the client
  • Not suppress material or evidence
  • Not disclose the communications between client and himself
  • An advocate should not be a party to stir up or instigate litigation.
  • An advocate should not act on the instructions of any person other than his client or the client’s authorised agent.
  • Not charge depending on success of matters
  • Not receive interest in actionable claim
  • Not bid or purchase property arising of legal proceeding
  • Not bid or transfer property arising of legal proceeding
  • Not adjust fees against personal liability
  • An advocate should not misuse or takes advantage of the confidence reposed in him by his client.
  • Keep proper accounts
  • Divert money from accounts
  • Intimate the client on amounts
  • Adjust fees after termination of proceedings
  • Provide copy of accounts
  • An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
  • Not lend money to his client
  • Not appear for opposite parties

RULES ON ADVOCATE’S DUTY TO OPPONENTS

  • Not to negotiate directly with opposing party
  • Carry out legitimate promises made

RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES

  • Not advertise or solicit work
  • Sign-board and Name-plate
  • Not promote unauthorized practice of law
  • An advocate shall not accept a fee less than the fee, which can be taxed under rules when the client is able to pay more.
  • Consent of fellow advocate to appear

To whom can you complain about a breach of professional ethics or professional misconduct by a lawyer?

As per section 6 of the Advocates Act, 1961, the State Bar Council may entertain and determine cases of misconduct against
advocates on its roll.

If the advocate is NOT enrolled on the rolls of any State Bar Council then section 36 will apply i.e.:

36. Disciplinary powers of Bar Council of India
(1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any advocate whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.

This means that you can directly complain to the State Bar Council where the advocate is practicing. Or if the advocate is not enrolled with any State Bar, you can complain directly to the BCI.

To find out if a lawyer is enrolled with a State Bar Council, you can file an application under the RTI Act for the same.

Can the State Bar Council or Bar Council of India take action against a lawyer on its own?

Yes. As per section 35 of the Advocates Act, 1961:

35. Punishment of advocates for misconduct
(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.

This means that the State Bar can initiate suo motu action on its own, even without a formal complaint from any person, against an advocate on its rolls only.

Similarly under section 36, an advocate who is not enrolled on any State Bar can be prosecuted by the Bar Council of India (as above).

What is the procedure to complain against a lawyer?

–Coming soon–

What is the punishment for legal malpractice or professional misconduct by a lawyer in India?

(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely:
(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.

This means that there can be three punishments for the advocate:

  • A warning issued by the disciplinary committee
  • Suspension from practice
  • Permanent removal from the rolls of the State Bar Council. This does not mean

–More coming soon–

Bar Council of India: Certificate of Practice and Place of Practice (Verification) Rules, 2015

The Supreme Court of India has stayed the Verification Rules. Read more.
Bar Council of India: Certificate of Practice and Place of Practice (Verification) Rules, 2015

Bar Council of India: Certificate of Practice and Place of Practice (Verification) Rules, 2015

This article deals with the newly introduced Certificate of Practice and Place of Practice (Verification) Rules, 2015 under the Advocates Act, 1961. This article is being continuously updated. Check back soon.

What is the purpose of the Certificate of Practice and Place of Practice (Verification) Rules, 2015?

To summarize, the aim of the rules appear to be to:

  • ensure that persons who are enrolled as advocates but in an alternate profession or business are shifted to the list of non-practicing advocates
  • regain control of the Bar Associations and of other elected bodies under the Advocates Act
  • maintain communication and contact with advocates
  • ensure that all advocates who enrolled after 2010 are made to take the All India Bar Exam
  • ensure that welfare schemes for advocates are enjoyed only by those practicing
  • weed out advocates with fake degrees

As per the Statement of Objects and Reasons:

The legal profession is an Honorable one and it has critical role to play in protecting and promoting the Civil and Constitutional rights of the people. An independent and fearless Bar is vital and crucial for sustaining and promoting a true and healthy democracy. The Bar which is subject to manipulation and influence from extraneous powers, howsoever mighty and esteemed they may be, cannot do justice either to the Legal Profession or to the Rule of Law. Trend of Advocates switching over to other professions/services/business without any information to the State Bar Council has reached alarming proportions. This trend is endangering the legal profession as a whole.
It has also made a dent in its sanctity and standards. Names of such advocates continue to be included in the “Roll of advocates” being maintained by the Bar association and State Bar Councils, not withstanding the fact that they have left the legal profession or have since died.
Under these circumstances it appears that a definite trend is visible that the control of Bar Associations and of other elected bodies under the Advocates Act is slipping out of the hands of the advocates who practice law. It is also being experienced that after certificate of enrollment is issued to an advocate, practically no communicative and continuing contact, survives between him and the Council.
Under the existing state of affairs, All India Bar Examination introduced on the directions/observations of the Supreme Court of India to improve the standard of legal profession has also failed to fully achieve its objective. Advocates enrolled with the State Bar Councils obtain “Provisional Certificate of Practice” (valid for 2 years) and thereafter most of them are practicing Law without caring to appear for All India Bar Examination and to pass it. Various welfare schemes for advocates have been floated in India both under Stale Legislation as well as under various welfare schemes framed by different State Bar Councils and by Bar Council of India but benefits there under are being enjoyed by those also who have left the profession. The Bar Council has also come to know that a number of fake (farzi) persons (without any Law Degree or enrollment certificate) are indulged in Legal practice and are cheating the Litigants, courts and other stake-holders. Shockingly, it has come to the notice of the Council that at some places, the office-bearers of Bar Associations or some vote-seekers knowingly make such people members and voters of their Associations with a motive to get their votes in the elections of Bar Associations or Bar Councils. Similarly. many persons, after getting enrolled as Advocates in any State Bar Council get involve in Property-Dealings, contract or switch over-to some other business, profession or job and have no more concern with the Legal profession. Such “non-practicing Advocates” are sometimes being used by some of the office-bearers/candidates for elections of Bar Associations or  Bar Councils (Only for their, votes). But in fact, the Council has realized that such practice is degrading the standard of Legal profession and this mal-practice has to be-stopped.

In order to maintain the dignity and standard of Legal profession, we shall have to oust fake people from the court-campus and we shall have to identify the “non-practicing Advocates”, (who are involved in other job, business or profession). We are to ensure that such Advocates do not involve in deciding the fate of our Associations and the Bar Councils; And such Advocates are not allowed to get any benefit of welfare schemes or to practice Legal profession so long as they are in any other business, job or profession. It is due to these reasons, the Council has decided to make provisions for identification of such fake persons and non-practicing Advocates. Under the circumstances the Bar Council of India has passed the rules and the various State Bar Councils have initiated steps to implement these Rules.

To whom are the “Certificate of Practice and Place of Practice (Verification) Rules, 2015” applicable?

These rules will be applicable to all the advocates whose names appear on the State Rolls being maintained by the State Bar Councils under section 17 of the Advocates Act, 1961.

To whom are the rules NOT applicable?

These rules are not applicable to:

As per section 5(a) senior Advocates designated under Section 16 of the Act and the Advocates on Record of Supreme Court of India shall not be required to fill up the form for Verification

5(a) Exemption of certain categories of Advocates:-
However, it is made clear that the senior Advocates designated under Section 16 of the Act and the Advocates on Record of Supreme Court of India shall not be required to fill up the form for Verification. The senior Advocates and Advocates on Record of Supreme Court of India are simply required to send their two passport size photographs with their names and current Address to the concerned Bar Council through their respective Associations so that their names could be included in the voters list of State Bar Council. There is a separate form, ‘Form E’ for that purpose.

Since when have these rules come into force?

These rules, except Rule 7 of Chapter III, came into force from the date of
publication of these Rules in the Gazette of India i.e. on 12th January 2015. Rule 7 of Chapter III shall come into force on such date as the Bar Council of India may, by notification in the Gazette of India, appoint in this behalf.

Rules for newly enrolled advocates:

8. Application for verification of “Certificate to practice and place of Practice” by advocates enrolled on or before June 12. 2010:

8.1 An advocate graduating in law in academic year 2009-2010 ( 1st July 2009 to 30th June, 2010) and thereafter enrolled on the “Roll of Advocates” on or after June 12, 2010, is required to apply for issuance of “Certificate of Practice’ under All India Bar Examination Rules, 2010 and for verification of such “Certificate of Practice” from the State Bar Council in which he / she is enrolled as an advocate under Rule 9.

Rules for advocates enrolled prior to 2010:

8.2 An advocate having obtained graduate degree in law before the academic year 2010 & enrolled on the “Roll of Advocates”, is required to apply for verification of “Certificate of Practice and place of practice” from the State Bar Council in which he/she is enrolled as an advocate under this rule within a period of 6 months of the enforcement of these Rules/date of enrollment.

Summary of the Verification Process:

  • Fill Form A Column 1
  • Fill Form A Column 2 – Declaration
  • Application fee of Rs. 300 (Rs. 100 for verification + Rs. 100 for an ID Card + Rs. 100 for Post and Stationery + Certificate in Column 3 of Form A)
  • Two passport size photographs duly attested by the President/Secretary of the Bar Association
  • Enrolled on the State Bar before 12th Day of June, 2010
    • Deadline is
  • Enrolled on the State Bar after 12th Day of June, 2010
    • Must be verified within 6 months from date of enrollment or date of rules coming into force (12th January 2015)

The application can be submitted by hand at the office of the State Bar Council and a receipt obtained or can be sent by Registered Post with AD.

What are the consequences for failure to get yourself verified as an advocate?

17. Consequences of failure to make application as stipulated by Rule 7 to 11:
That in case an advocate fails to make an application for verification of Certificate of Practice within such period/extended periods as provided for under Rules 8 to 11 and in case he fails to remove the shortcomings/defects in his application despite intimation under Rule 12 for a period of 6 months, it shall, prima facie, be presumed that the such an advocate has left law Practice and that he/she has no bona fide intent and interest in continuing it in future also

18. Follow up action against advocates who fail to respond and fall within the ambit of Rule 17 and Publication of “list of defaulting advocates”.

18.1 That the Office of the State Bar-Council -shall prepare a list of such defaulting advocate/advocates who has/have failed to apply for issuance/verification of Certificate of Practice within such period/extended period as provided for by these Rules or have failed to
remove shortcomings/defects in their applications despite intimation within the stipulated period of 6 months. This list may be titled as the “List of the Defaulting Advocates”.

18.2 All such advocates whose name/names have been included in the list of “defaulting advocates” shall be given due notice of the fact that their name/names stood included in the above list and further notice of this list shall also be given in the following manner:
i. One Copy of such List shall be displayed outside the Office of the Bar Council
ii. Copies of such list shall also be sent to such District/Taluka Bar Association /s to which such advocate/advocates belong as per the. Address last disclosed by him/her and also to the concerned High Court/Supreme Court Bar Association
iii. A letter of intimation that his/her name stands included in such list shall also be sent to the defaulting advocate at the address last disclosed by him/her under registered Post.
iv. This List shall also be published by the State Bar Council as per law.

What are the consequences of being a “Non-Practicing Advocate”?

(j) A non-practicing advocate means an Advocate enrolled with any State Bar Council, but is not in actual practice of Law and is engaged in some other public: or private job, business, contract etc. not related to Legal profession: and who has been so declared under Rule 13 and Rule 20.2 of these Rules and whose name stands published under Rule 20.4.

A Non-Practicing Advocate cannot:

  • appear in any Court of Law, before any Tribunal or person legally authorized to take evidence and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice
  • be included in the electoral roll for the purposes of elections to the State Bar Councils.
  • be a member of any Bar Association
  • cast vote/s in any elections of the Bar Associations .
  • participate and receive benefits under Welfare Schemes of Bar Council of India (created under Rules 40 to 44 B of Section IV – A of Chapter II contained in part VI of the Bar Council of India Rules) and other schemes floated by the State Bar Council, which have not yet accrued to him / her

21. Non-practicing advocates as included in the list of “non-practicing advocates” not entitled to practice law and to other privileges and rights:
21.1 From the date of publication of the aforesaid list of non-practicing-advocates, all such advocate/s whose name/names has/have been included in the aforesaid list shall not be entitled to appear in any Court of Law, before any Tribunal or person legally authorized to take evidence and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice. Notwithstanding the fact that name/names of such advocates is / are entered in the State Roll and that he is holding certificate of enrollment under section 22 of the Advocates Act. Further name/s of such advocate/s shall not be included in the electoral roll for the purposes of elections to the State Bar Councils. Such an advocate/s shall cease to be a member of any Bar Association and further he/she shall not be entitled to cast vote/s in any elections of the Bar Associations . The status and rights of such advocate/s as advocate/s entitled to participate and receive benefits” under Welfare Schemes of Bar Council of India created under Rules 40 to 44 B of Section IV – A of Chapter II contained in part VI of the Bar Council of India Rules and other schemes floated by the State Bar Council shall come to an end w. e. f. the date of publication of the List /name/names of Non-Practicing Advocates under Rule 20.4 with the exception that such an advocate would be entitled to receive such benefits under the relevant scheme/s if any, which have already accrued in his/her favor.

Also read the article on Temporary suspension of advocate’s practice in Maharashtra to apply for being listed as a “Non-Practicing Advocate”

 

 

Temporary suspension of advocate’s practice in Maharashtra

This article explains how an advocate may temporarily suspend his/her Sanad or Certificate of Practice, when taking up any alternate occupation or employment.

As per The Bar Council of India Rules made under the Advocate Act 1961:

Section VII-Restriction on other Employments
47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in
the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.
48. An advocate may be Director or Chairman of the Board of Directors of a Company with or without any ordinarily sitting fee,  provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any  Company.

49. An advocate shall not be a full-time salaried employee of any  person, government, firm, corporation or concern, so long as he  continues to practise, and shall, on taking up any such employment,  intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.

50. An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate
in the management thereof. He may continue to hold a share with others in any business which has decended to him by survivorship or
inheritance or by will, provided he does not personally participate in the management thereof.

51. An advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-vetting for newspapers,
coach pupils for legal examination, set and examine question papers; and subject to the rules against advertising and full-time
employment, engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal.

Hence, if an Advocate takes up any other such business or profession, he must inform the Bar Council and get his name transferred to the list of Non-Practicing Advocates.

Procedure to suspend Advocate’s Practice under Bar Council of Maharashtra and Goa:

  • Write a simple application
    Mention your Full Name, Enrollment Number, request for temporary suspension of practice and Transfer of your name to the rolls of Non-Practicing Advocates.
  • Attach a DD or pay cash of Rs. 300/- as Administrative Fees.
    If you want a Certificate confirming your name on the list of Non-Practicing Advocates (for Profession Tax purposes, or occupation purposes) , you need to pay Rs. 300 + 700 = Rs. 1000 by Cash or DD.
  • If suspending practice temporarily, you do not need to surrender your Advocate’s ID Card or your Certificate of Practice.
  • Within 3 – 8 days, you can collect your Non-Practicing Certificate from the Bar Council Office on showing the Receipt.

Vakalatnama

What is a Vakalatnama?

A Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the clients matter in a court of law.

ORDER III

4.(1) No pleader Shall act for any person in any Court unless he has been appointed for the purpose by such person by a document in writing signed by such  person or by his recognized agent or by some other person duly authorized by or under a power-of-attorney to make such appointment.

What is the meaning of VP or VP Filed in the Court proceedings and Roznama?

VP means Vakil Patra, which is another name for Vakalatnama. Most courts use the term VP Filed in their Roznama or online records, to indicate that the Vakalatnama was filed.

Screenshot from 2016-08-03 09:21:34

 

What does the Vakalatnama contain?

The Vakalatnama contains:

  • The date on which it is executed.
  • The name of case / cases for which the pleader(s) has been appointed
  • The name of the court / courts for which the pleader has been appointed
  • The name of the party appointing the Advocate and the parties authority to appoint (Eg: Power of Attorney Holder or Recognised Agent)
  • If not executed by the party in person, then the document supporting the appointment
  • The name of the lawyer / pleader / advocate(s) so appointed
  • The address of the pleader, for service of documents
  • The case title / number to identify the case for which the appointment has been made
  • The powers / decision making authority given to the advocate. This may limit the advocate only to obtain certified copies, or
  • Signature of the party or parties (with the name of the party or parties next to it)
  • Signature of the pleader(s) or lawyer(s) accepting the vakalatnama

A vakalatnama gives a lot of authority to the pleader. It should be executed by the client with great care and scrutiny. Clauses like compromising the matter, appointing another Legal Practitioner, accepting money etc. may sometimes be detrimental to the interest of the client.

Who is authorised to give a Vakalatnama?

A Vakalatnama can be given by:

  • The party (in person)
  • A person holding a power of attorney for the party
  • A person carrying on trade or business on behalf of the party in that jurisdiction

ORDER III

2. The recognized agents of parties by whom such appearances, applications and acts may be made or done are-

(a) persons holding powers-of-attorney, authorizing them to make and do such appearances, applications and acts on behalf of such parties;
(b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or acts made or done, in matters connected with such trade or business only, where no other agent is expressly authorized to make  and do such appearances, applications and acts.

A vakalatnama can be given jointly by multiple parties in the case, to appoint the same pleader or set of pleaders.

Whom is the Vakalatnama given to?

The vakalatnama can be given to one or many advocates / pleaders. Each of their names must be specifically mentioned.

What is done after the Vakalatnama is given?

After the Vakalatnama is given, it is filed in court within the prescribed period.

(2) Every such appointment shall be filed in Court and shall, for the purposes of sub-rule (1), be deemed to be in force until determined with the leave of the  court by a writing signed by the client or the pleader, as the case may tie, and filed in Court or until the client or the pleader dies, or until all proceedings in.the suit are ended so far as regards the client.

Is the Vakalatnama a Power of Attorney?

Yes. For all practical purposes, the Vakalatnama is a Power of Attorney.

Does a Vakalatnama need to be stamped?

Yes.Advocates Welfare Fund Stamps need to be affixed to the Vakalatnama.

As per section 27 of the Advocates Welfare Fund Act, 2001:

27. Vakalatnama to bear stamps:

1. Every advocate shall affix stamp of a value of-

a. five rupees on every Vakalatnama filed by him in a District Court or a court subordinate to the District Court;

b. ten rupees on every Vakalatnama filed by him in a tribunal or other authority or a High Court or the Supreme Court: Provided that the appropriate Government may prescribe the value of the stamps not exceeding twenty-five rupees to be affixed under this sub-section: Provided further that the appropriate Government may prescribe different value of the stamps to be affixed on every Vakalatnama to be filed in a District Court, or a court subordinate to the District Court or a tribunal or other authority or a High Court or the Supreme Court.

2. The value of the stamp shall neither be the cost in a case nor be collected in any event from the client.

3. Any contravention of the provisions of sub-section (1) or sub-section (2) by any advocate shall disentitle him either in whole or in part to the benefits of the Fund and the Trustee Committee shall report such contravention to the State Bar Council for appropriate action.

4. Every stamp affixed on every Vakalatnama filed before a District Court or a court subordinate to the District Court or a tribunal or other authority or a High Court or the Supreme Court shall be cancelled in such manner as may be prescribed.

Is the Vakalatnama different for different Courts?

No. Since the vakalatnama has no specific form, if it contains all the required details, it can be used in any court.

What is a Vakalatnama called in other languages or countries?

Vakalatnama is also interchangably called vakkalathu, vakil patra, mukhtyarnama.

What is the duration of the effect of the Vakalatnama? Can a Vakalatnama be withdrawn?

A Vakalatnama is said to be in force until:

  • The client dies or
  • The pleader / lawyer dies or
  • The client withdraws the Vakalatnama and the Court permits such withdrawal or
  • The lawyer / pleader withdraws the Vakalatnama and the Court permits such withdrawal or
  • The proceedings of the case are ended

(2) Every such appointment shall be filed in Court and shall, for the purposes of sub-rule (1), be deemed to be in force until determined with the leave of the court by a writing signed by the client or the pleader, as the case may be, and filed in Court or until the client or the pleader dies, or until all proceedings in.the suit are ended so far as regards the client.

Bombay High Court Rule:
Rules framed by the High Court under section 34(1) of the Advocates Act, 1961 (Act 25 of 1961)

A party who wishes to discharge the Advocate engaged by him may apply to the Court for an order of discharge by following a similar procedure and the Court, if it is satisfied, may pass orders discharging the Advocate and while doing so impose such terms and conditions as it may deem proper.

Can a client argue the case in person even if he has given a Vakalatnama to a lawyer / pleader?

Yes.

CPC Order III Rule 1

1. Appearances, etc., may be In person, by recognized agent or by pleader.- Any appearance, application or act in or to any court, required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:

Provided that any such appearance shall, if the court so directs, be made by the party in person.

Can a lawyer who has been given a Vakalatnama, appoint another lawyer to plead the case in the same or different court?

Yes – If there is a specific clause in the Vakalatnama allowing him to do so.

Interesting Precedents:

  • Uday Shankar Triyar vs Ram Kalewar Prasad Singh & Anr
    The defects routinely found in Vakalatnamas filed in courts
  • Ramappayya vs Subbamma And Ors. (1947) 2 MLJ 580
    Whether an advocate-or a pleader to whom a Vakalatnama is given, has power in the absence of express authorisation to compromise the suit on behalf of the party for whom he appears.

Next All India Bar Examination not in November 2012, pushed to December 2012

Update: 1-Nov-2012

The Bar Council has postponed the date of the All India Bar Examination 2012 to Sunday, 9-December-2012.

(http://www.barcouncilofindia.org/notification-regarding-all-india-bar-examination/)

  • Last Date of Sale of Forms is 5-Nov-2012
  • Last Date of Submission of Challans is 10-Nov-2012
  • Last Date of Submission of Filled-in Forms is 11-Nov-2012

Do note that you need to enroll as an advocate on your state bar council rolls, well in advance of applying for the All India Bar Examination.

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