Vakalatnama is a written document that is used by the advocate who will be going to fight the case of the client on their demand. A written document between advocate and client in which the client will give the authorization for filing the case. After signing the vakalatnama an advocate on behalf of a client can plead, create a draft and file it in the name of the client and present the contention of the party. After this advocate will get all rights for the case.
The word vakalatnama is not defined anywhere not in CPC or power of attorney. But yes in the CPC under order 3 rule 4, not any pleader can plead the case until they sign any written document. And in this order pleader means an advocate and written document means vakalanama. And that written document should be filled in the court.
In the case of Uday Singh Vs ram kalewar 2006, SC held that vakalatmana is a type of power of attorney, in which the client work as a principal and an advocate work as an agent. If any agent has done any work for the principle that work will be binding on the principle and after completion of the work principle cannot deny the work of the agent.
DETAILS IN VAKALATNAMA:
The first thing mentioned in the vakalatnama is the name of the court in which the case is running in the same court or going to file for the same. Then case title, type of case like civil or criminal, case number and year will also mention then detail of the party and address and final thing is advocate name and the fees of the advocate. And final thing is to sign on the vakalatanama. And the final signature of the advocate is also mandatory for completion. The client will also give all the right sand duties related to the case to the advocate which is again mentioned in the vakalatanama.
UP TO WHEN VAKALATNAMA REMAIN IN THE FORCE?
This is mentioned in order 3 rule 4 of the CPC, that the vakalanama will be held valid until or unless the dismissed by the court or the death of the parties. Or the second condition is the ending of the case which is after the final judgement.
IF SOMEONE WANTS TO CHANGE THE ADVOCATE?
If the client wants to change the advocate then he has to take NOC from the same advocate then he can file the another the vakalanama for another advocate and the final payment of the advocate should also be done by the client. And if without taking the NOC from the previous advocate, the client filed another vakalanama then the previous advocate can sue the client for the objection and compensation for the rest fees if any.
WHO CAN SIGN THE VAKALANAMA?
Vakalanama can be signed by the party or any other person on behalf of it. But yes vakalanama is a type of contract and it should sign form competent parties like a sound mind person or not a minor person.
PRECAUTION BEFORE SIGNING THE VAKALATNAMA:
A person should read that documents very carefully and read the terms and conditions. Like the way of fees payment, total fees, and estimated time of the case.
Baru Singh Vs. Babu ram Sharma 1997, Allahabad high court held that, for the legal opinion, drafting of the petition or legal notice vakalatnama is not required. But if any advocate will fight the case on behalf of the client or for giving the contention of the party then vakalanama will require.
Uday Shankar Vs. Ram kalewar 2006: in this case supreme court held that vakalanama is a type of power of attorney, and that is being on the client that any work which is done by the advocate that act will bind on the client and it will deem that the work is done by the client itself. Then the client will work as the principal and the advocate work as an agent.
We can conclude on the note that vakalanama is an important written document as an agreement between advocate and client. This is not specified anywhere but yes CPC somewhat defines the word of vakalanama and the obligation of the advocate and client.