TL;DR: A vakalatnama is the document by which a client authorises an advocate to appear, plead, and act on their behalf in a specific court proceeding. It is not a general power of attorney - it is case-specific authority filed in court. Stamp duty and filing fees vary by state and bar council. Changing counsel mid-case requires either a no-objection from the old advocate or a court order. At the Supreme Court of India, only an Advocate-on-Record (AoR) - a lawyer who has cleared the Supreme Court’s own examination - can file documents and act for a party; the AoR system exists nowhere else in the Indian court hierarchy.

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What a vakalatnama actually is

The word “vakalatnama” comes from the Persian “vakil” (agent or representative) and “nama” (document or letter). In Indian legal practice it means one thing precisely: the written authority by which a client engages an advocate to represent them in a particular case before a particular court or tribunal.

Every time an advocate files anything on behalf of a client - a plaint, a writ petition, an appeal, a miscellaneous application - the court needs to know that the advocate is actually authorised to act. The vakalatnama is that authority. Without it, an advocate has no locus to act in the matter.

This is different from simply telling someone “please handle my case.” Courts require written, signed authority that creates a formal record. The vakalatnama, once filed, goes into the court record and remains there for the duration of the proceeding.

The legal basis for the requirement sits in the Civil Procedure Code, 1908. Order III of the CPC deals with recognised agents and pleaders. Rule 4 of Order III requires that no pleader shall act for any person in any court unless he has been appointed by an instrument in writing. The vakalatnama is that instrument. For criminal matters, similar requirements exist under the Code of Criminal Procedure (now the Bharatiya Nagarik Suraksha Sanhita, 2023) and under the rules of each High Court.

Each High Court frames its own rules about how vakalatname must be drafted, which form to use, and what endorsements are required. The Supreme Court has its own set of rules under the Supreme Court Rules, 2013. Tribunals such as the National Company Law Tribunal, the Income Tax Appellate Tribunal, and the High Courts sitting as constitutional courts each have their own detailed requirements. A vakalatnama that is correctly drafted for a civil matter in one High Court may be incomplete for the same matter in a different High Court or in a tribunal.

For students just starting their legal research practice, it helps to think of the vakalatnama as a client’s written consent form combined with a formal delegation of authority, all in one document.

Who signs a vakalatnama and where it is filed

A vakalatnama is typically signed by both the client and the advocate, although the mechanics vary by court.

The client’s signature is the essential element. The client is authorising someone else to speak and act for them in a legal proceeding. If the client is an individual, they sign personally. If the client is a company, the vakalatnama must be signed by an authorised signatory, typically a director or an officer who holds a board resolution or a power of attorney authorising them to engage legal counsel. If the client is a trust, the trustee signs. If the client is a government department, an officer duly authorised under relevant government delegation rules must sign.

The advocate’s acceptance is often recorded by the advocate signing the vakalatnama to indicate that they accept the brief. This is not merely a formality - it signals that the advocate has agreed to appear and take responsibility for the conduct of the matter. Some bar councils require the advocate to countersign; others only require the client’s signature.

Where it is filed depends on the court. In most civil courts and High Courts, the vakalatnama is filed along with the first pleading - the plaint, the petition, or the memorandum of appeal. In criminal matters, it is often presented when the accused first appears through counsel. In appellate courts, it accompanies the memo of appeal. Once filed, it is indexed as part of the court record. The court’s registry checks the vakalatnama at the filing stage, and if it is deficient, the document may be returned for re-execution or re-stamping before it is accepted.

A vakalatnama filed in one court does not automatically operate for the same client in a different court or for a different case number. If the same client has a related appeal pending in the High Court and the matter is also listed in the trial court below, separate vakalatname are required for each proceeding.

Stamp duty, fees, and bar council requirements

The vakalatnama is a document that attracts stamp duty in most states. The precise amount varies by state, and practitioners must always check the applicable Schedule to the relevant Stamp Act. Most states have their own stamp legislation, and the rates differ meaningfully.

Beyond stamp duty, many bar councils impose a fee on the vakalatnama. Bar councils collect this fee as part of their regulatory function. The fee goes partly to the bar council’s welfare funds, which support advocate welfare schemes. The mechanics of how this fee is collected differ by bar council - some affix a sticker or a stamp directly on the vakalatnama, others require a separate receipt.

Broadly speaking, the requirements practitioners encounter include:

  • Stamp paper or franking: The vakalatnama must be on a stamp paper of the prescribed denomination or franked to the requisite value under the applicable stamp legislation.
  • Bar council sticker or endorsement: In many High Courts and district courts, the bar association or bar council requires a sticker affixed to the vakalatnama reflecting payment of its dues.
  • Notarisation: Not typically required for most civil and criminal vakalatname, but some tribunals and regulatory bodies require attestation or notarisation when a client is abroad or cannot attend in person.
  • Attestation in lieu of stamp: In some states, courts permit attestation before a Notary Public or a Commissioner of Oaths in cases where a party is unable to procure stamped paper for logistical reasons (such as being located abroad), subject to undertakings and later regularisation.

The key practical point for a law student or junior: never assume that what applied in one state or one court applies elsewhere. When briefed on a matter in a court you have not appeared in before, the first step is to check the court’s filing rules and the bar council’s requirements for vakalatname.

What authority a vakalatnama grants

A vakalatnama grants authority that is specific to the proceeding for which it is executed. It does not give the advocate blanket authority over the client’s affairs. The standard vakalatnama authorises the advocate to:

  • Appear before the court and all connected courts and tribunals in the proceeding
  • File and receive pleadings, applications, and documents on behalf of the client
  • Make admissions of fact necessary for the conduct of the proceeding
  • Withdraw from the proceeding or compromise claims, if specifically authorised (many vakalatname limit this; a separate authority is often required for settlement or withdrawal)
  • Take all procedural steps that the law requires or permits in the conduct of the case
  • Engage and instruct junior advocates and clerks

The authority does not extend to:

  • Making admissions or concessions that amount to confessions in criminal cases without specific instructions
  • Settling or compromising the claim unless the vakalatnama specifically contains that authority, or a separate compromise application is signed by the client
  • Acting in a different case for the same client without a fresh vakalatnama
  • Acting after the proceeding has concluded or the retainer has been revoked

This is an important distinction for students to understand early: an advocate’s authority under a vakalatnama is fiduciary and procedural, not unlimited. The client remains the principal, and the advocate acts as the client’s agent only within the limits of the authority granted and professional ethics.

Vakalatnama vs power of attorney vs memo of appearance

Students often confuse these three instruments because all three relate to someone acting on behalf of someone else. They are materially different.

FeatureVakalatnamaPower of attorneyMemo of appearance
PurposeAuthorises an advocate to appear and act in a specific caseAuthorises an agent to perform acts (including legal and non-legal) on behalf of the principalRecords that an advocate has appeared for a party at a specific hearing
Who can executeAny party to litigation, executed in favour of an advocateAny individual or entity, in favour of any personAdvocate or party in person
Who receives the authorityA licensed advocate onlyAny person (advocate, family member, business agent, etc.)N/A - it is a record of appearance, not a delegation
ScopeLimited to the specific court proceedingCan be broad (general power) or specific (special power)Limited to the specific date and hearing
Filed in court✓ Yes, part of court record✓ Sometimes, when court recognises agent under Order III CPC✓ Yes, filed at each listing
Attracts stamp duty✓ Yes, under applicable stamp legislation✓ Yes, typically at higher rates for general powers✗ Usually no separate duty
Requires advocate’s countersignature✓ Usually yes, to denote acceptance of brief✗ No✓ Yes, advocate signs to confirm appearance
Valid across different cases✗ Case-specific✓ Can be general, valid for all acts✗ Hearing-specific
Can appoint a non-advocate✗ Only an enrolled advocate✓ Yes✗ Only an enrolled advocate or party in person
Relationship createdClient-advocate (regulated by Bar Council of India Rules)Principal-agent (regulated by Contract Act and agency law)No new relationship; records existing one

The confusion between a vakalatnama and a power of attorney matters in practice. A client who executes a power of attorney in favour of a relative to “handle my court case” has not necessarily authorised that relative to act as an advocate. Unless that relative is themselves an enrolled advocate, they cannot appear and plead in court. They can, as a recognised agent under Order III CPC, do certain things such as file documents and make statements in some limited contexts, but they cannot plead before a court the way an advocate can.

Conversely, some clients ask whether executing a power of attorney in favour of their advocate is equivalent to a vakalatnama. It is not. An advocate holding a power of attorney from a client can do things outside the courtroom that the power specifically authorises, but the court representation in the specific proceeding requires a vakalatnama filed with the court.

For more on procedural documents and how they work in civil proceedings, see our guide to CPC civil procedure basics.

Changing counsel: no-objection and fresh vakalatnama

A client has the right to change their advocate at any stage of a proceeding. However, the mechanics of doing so are more involved than simply engaging a new lawyer.

The general rule is that once a vakalatnama has been filed and an advocate is on record for a party, a second advocate cannot simultaneously file a vakalatnama for the same party in the same proceeding. The court has one advocate on record for each party. To change counsel, the following steps are typically required:

Step 1: Obtain a no-objection certificate (NOC) from the existing advocate. This is a letter or endorsement from the existing advocate confirming that they have no objection to being discharged from the matter and to another advocate being engaged. In practice, this requires the client to settle any outstanding fees with the existing advocate. Many advocates will not sign an NOC until their dues are cleared.

Step 2: File a fresh vakalatnama from the new advocate. The court’s registry will accept the new vakalatnama once the NOC from the existing advocate has been filed or a court order has been passed permitting the change.

When the existing advocate refuses to sign an NOC, the client is not without recourse. They may file an application before the court seeking permission to change counsel. Courts generally permit this because the right to engage an advocate of one’s choice is a recognised right. The court may hear the existing advocate before making such an order, but courts do not compel clients to continue with a lawyer they no longer wish to retain.

When the advocate wishes to withdraw, they must file an application to be discharged and give reasonable notice to the client so that the client has time to arrange fresh representation. An advocate cannot simply stop appearing without withdrawing properly from the record - doing so can lead to disciplinary action.

The no-objection and change of counsel process is something junior advocates and articled clerks frequently help manage. Understanding when a fresh vakalatnama is needed (versus a simple memo of appearance for a hearing) is a practical skill that comes up immediately in any litigating practice. Keeping track of these procedural steps is also exactly the kind of task that a matters workspace is designed to handle - tracking documents, deadlines, and filings in one place.

The advocate hierarchy in India

India’s advocate system is governed by the Advocates Act, 1961 and the Bar Council of India Rules. Understanding the hierarchy helps students understand why vakalatname, AoR systems, and designation rules exist the way they do.

Advocates are the foundational category. Anyone who has completed an LLB degree from a recognised university, enrolled with a state bar council, and met the age and character requirements under the Advocates Act is an “advocate.” An enrolled advocate can appear before any court in India, including the Supreme Court, subject to specific rules about who can file in the Supreme Court (see the AoR system below). There are no restrictions by seniority or experience on which court an advocate can appear in, unlike the position in many other common law countries where barristers are distinguished from solicitors.

Senior advocates are a designated category under Section 16 of the Advocates Act. A Supreme Court or High Court may designate an advocate as a “Senior Advocate” if it is of the opinion that by virtue of the advocate’s ability, standing at the bar, or special knowledge or experience in law, they deserve this distinction. Senior advocates are subject to a specific code of conduct under the Bar Council of India Rules: they cannot directly accept briefs from clients. They must be instructed through a junior advocate or an Advocate-on-Record (in the Supreme Court). They cannot file vakalatnama directly - they appear on a brief note filed by the instructing advocate.

Advocate-on-Record is a category unique to the Supreme Court of India. We cover this in detail in the next section.

Amicus curiae is not a permanent designation but a role - the court appoints an advocate to assist as a “friend of the court” in a matter where parties may be unrepresented or where the court wants independent assistance. Amicus curiae are typically senior and experienced advocates appointed by the court in important constitutional or public interest matters.

The Advocate-on-Record system at the Supreme Court

The Supreme Court of India has a unique system of representation that applies nowhere else in the country. Under the Supreme Court Rules, 2013, only an “Advocate-on-Record” (AoR) can file documents and act in a matter before the Supreme Court.

What this means in practice: Even if an advocate has 30 years of experience and is known in every High Court in India, they cannot file a Special Leave Petition, a writ petition, or any document in the Supreme Court unless they are an AoR. They can appear and argue - any enrolled advocate can be briefed to argue in the Supreme Court - but the filing, the signing of documents, and the “acting” in the procedural sense must be done by an AoR. The vakalatnama filed in the Supreme Court must be in favour of an AoR (or include the AoR).

How one becomes an AoR: An advocate who wishes to become an AoR must:

  1. Have practised as an advocate for at least four years after enrolment
  2. Have undergone training with an AoR for a period specified by the Supreme Court
  3. Pass the AoR Examination conducted by the Supreme Court of India

The AoR Examination is conducted by the Supreme Court itself and covers topics including Supreme Court practice and procedure, Supreme Court Rules, legal research and drafting, and professional ethics. It is not an easy examination. The pass rate varies, and many candidates sit it multiple times. Clearing the AoR examination and registering as an AoR is considered a significant milestone in a litigating advocate’s career.

Why the system exists: The rationale is accountability. The Supreme Court deals with a vast volume of matters from across the country. The court needs a responsible officer on record for each matter - someone who can be held accountable for filings, who understands Supreme Court procedure, and who takes professional responsibility for the conduct of the matter. The AoR system achieves this. The AoR is personally responsible for all filings in their name, even if another advocate has been briefed to argue.

What the AoR vakalatnama looks like: In a Supreme Court matter, the vakalatnama is typically executed in favour of the AoR. The AoR then briefs an arguing counsel (who may be a Senior Advocate or another advocate) by way of a brief note. The Supreme Court does not recognise a vakalatnama executed directly in favour of a non-AoR advocate for the purposes of filing. If you are ever involved in preparing Supreme Court filings as a junior, this is the hierarchy to remember.

For a broader picture of how matters escalate from lower courts to the Supreme Court, and the procedural steps involved, see our guide to filing a writ petition.

Senior advocates and the designation system

Senior advocate designation operates quite differently from what students sometimes expect. It is not earned by passing a further examination or by years of seniority alone. It is conferred by the court.

The Supreme Court and each High Court separately designate Senior Advocates from among the advocates practising before them. The designation process typically involves a committee of judges who assess the candidate’s standing, reputation, and contributions to the law. Both the Supreme Court and the High Courts have evolved guidelines and criteria for this exercise over the years, and there has been substantial litigation about the transparency of the process.

Once designated, a Senior Advocate operates under distinct constraints:

  • They cannot appear without being briefed by another advocate (called the instructing advocate or “junior”) or, in the Supreme Court, by an AoR.
  • They cannot directly receive fees from clients without routing through the instructing advocate.
  • They cannot draft pleadings - the drafting is done by the instructing advocate or junior. The Senior Advocate may advise on the drafts but they file under the junior’s signature.
  • They wear a distinctive gown in court that identifies their designation.

This system is inherited from the English bar’s distinction between barristers (who argued in court) and solicitors (who dealt directly with clients). India collapsed that distinction with the Advocates Act 1961, creating a single category of “advocates.” But the Senior Advocate designation partially preserves the barrister-like role for the most experienced courtroom advocates.

For students, understanding this hierarchy matters when you are briefing a Senior Advocate for the first time. The brief must include all the necessary documents, a clear note summarising the facts and the legal issues, and a draft of the pleadings. The Senior Advocate is not supposed to do the groundwork; you are.

Amicus curiae: court-appointed assistance

An amicus curiae (literally, “friend of the court”) is an advocate appointed by the court to assist it in a matter. The amicus is not representing any party. They are assisting the court in arriving at a correct and just outcome, usually in matters involving significant public interest or where a party is unrepresented.

Courts at the High Court and Supreme Court level appoint amicus curiae most frequently in:

  • Public Interest Litigations under Articles 226 and 32 of the Constitution
  • Criminal matters where the accused is unrepresented (especially before execution of death sentence)
  • Child custody and protection matters
  • Complex constitutional questions where the court wants independent assistance distinct from the positions of the parties

An amicus appointed in a matter files a memo of appearance as amicus, not a vakalatnama, because they represent no client. Their submissions are meant to assist the court, not to advance a party’s case. However, amicus appointments come with their own ethical obligations - an amicus who departs from their neutral role and becomes an advocate for one side crosses a line that courts take seriously.

For law students, amicus work is sometimes available through clinical legal education programmes and through Supreme Court and High Court empanelment. It is considered prestigious precisely because it involves the highest-stakes cases and requires independent thinking rather than client instruction.

Practical tips for law students and junior advocates

Always verify the vakalatnama before filing day. Check the stamp value against the applicable schedule for that court. Check whether the bar council sticker is affixed. Check that the client’s signature matches the name in the cause title. Check that the advocate’s enrolment number appears on the vakalatnama. Registries return vakalatname for technical deficiencies, and a returned document on the day of filing is an avoidable crisis.

Keep a copy in your file. The original goes to court. You need a copy for your records, for reference at subsequent hearings, and as proof that you are properly briefed in the matter. Most experienced juniors maintain a physical and digital record.

Know when you need a fresh vakalatnama. The same client, a new case - always a fresh vakalatnama. The same client, same case but a different stage in a different court (for example, matter going from trial court to High Court in an appeal) - fresh vakalatnama for the appellate proceeding. The same client, same case, same court but a new co-counsel joining - check whether the court requires an additional vakalatnama or only a memo.

Understand the difference between appearing and acting. In the Supreme Court, an AoR acts; arguing counsel appears. A non-AoR can appear (argue) in the Supreme Court if briefed by the AoR, but cannot act (file). Many juniors confuse these two concepts in their early years.

Handle the NOC process with care. If a client is changing counsel and you are the new advocate, do not file your vakalatnama until the NOC issue is resolved. Filing before obtaining the NOC or a court order creates procedural complications and can damage professional relationships at the bar.

Keep organised case files. The vakalatnama, the brief, correspondence with the client, and all court orders need to be maintained together for each matter. As your practice grows, this becomes genuinely difficult without a systematic approach. This is where using a matters workspace to track case documents, deadlines, and filings pays off. Interns who build these habits early are the ones who make fewer procedural errors as juniors.

For guidance on making sense of the judicial orders and judgments you will encounter in these matters, our guide on how to read an Indian judgment covers the structure of rulings from trial court to Supreme Court. And when you need to cite a judgment accurately in a pleading or an argument, the guide on how to cite Indian judgments covers the correct citation formats for SCC, AIR, and neutral citations.

How Niyam helps

Getting the procedural basics right - from vakalatnama to court filings to judgment research - is foundational work, and it is often the work that law students and early-career advocates get least formal training in.

Niyam is Legal AI for India. Its research tool searches over 72,000+ Indian judgments, grounding every answer in retrievable primary sources so you can verify what you find before you file it. Whether you need to understand the AoR examination rules, trace the procedural requirements for a specific High Court, locate a judgment on the advocate’s authority under a vakalatnama, or find precedents on change of counsel, Niyam’s research surfaces the primary sources with citations you can check.

The matters workspace keeps your case documents, deadlines, and file notes in one place - the kind of organised practice that transforms how juniors and early practitioners manage their dockets.

Try it on your next research task: Start for ₹100 - 200 credits to start, cancel anytime. Questions: [email protected].

Frequently asked questions

What is a vakalatnama?

A vakalatnama is the written document by which a client authorises an advocate to appear, plead, and act on their behalf in a specific court proceeding. It is required under Order III Rule 4 of the Code of Civil Procedure, 1908 and under equivalent rules in criminal proceedings and tribunal practice. Without a properly filed vakalatnama, an advocate has no recognised authority to act in the matter.

Is a vakalatnama the same as a power of attorney?

No. A vakalatnama is a court-specific authority that appoints an enrolled advocate to represent a client in a particular proceeding. A power of attorney is a broader instrument by which one person authorises another to act on their behalf, and it can apply to a wide range of legal and personal matters. A vakalatnama can only be given to an enrolled advocate; a power of attorney can be given to any person.

Who signs a vakalatnama?

The client signs the vakalatnama to authorise the advocate. The advocate typically countersigns to indicate acceptance of the brief. If the client is a company, an authorised signatory backed by a board resolution or a delegated authority signs on the company’s behalf. If the client is a government body, an authorised officer signs.

Does a vakalatnama require stamp duty?

Yes, in most states. The applicable amount varies by state under the relevant state stamp legislation. Practitioners must check the schedule applicable to the court where the matter is filed. Bar councils in many jurisdictions additionally require a fee or a sticker on the vakalatnama that reflects payment to the bar council’s welfare fund.

How long is a vakalatnama valid?

A vakalatnama remains valid for the duration of the specific proceeding in which it is filed, unless it is revoked by the client or the advocate withdraws with the court’s permission. It does not automatically extend to a different case, a different court, or an appeal arising from the same matter. A fresh vakalatnama is required for each separate proceeding.

Can a client change their advocate mid-case?

Yes. A client has the right to change their advocate at any stage. The usual process is to obtain a no-objection certificate (NOC) from the existing advocate and then file a fresh vakalatnama in favour of the new advocate. If the existing advocate refuses to issue an NOC, the client may apply to the court for permission to change counsel, and courts generally allow this.

What happens if an advocate appears without a vakalatnama?

The court registry at the filing stage should not accept pleadings or documents filed without a vakalatnama or equivalent authority. If an advocate appears at a hearing without having filed a vakalatnama, the court may refuse to record the appearance or may note it as “appearing as amicus” or “on instructions,” depending on the court’s practice. In contested matters, the opposing party may raise an objection to the locus of an advocate who has not filed the required authority.

What is an Advocate-on-Record?

An Advocate-on-Record (AoR) is an advocate who has passed the Supreme Court of India’s AoR Examination and is registered with the Supreme Court as an AoR. Only an AoR can file documents and formally act (as opposed to merely appearing and arguing) in a matter before the Supreme Court. The AoR system does not exist in High Courts, district courts, or tribunals - it is unique to the Supreme Court.

How does one become an Advocate-on-Record?

An advocate must have at least four years of practice after enrolment, must undergo the specified training with a sitting AoR, and must pass the AoR Examination conducted by the Supreme Court. The examination covers Supreme Court Rules, practice and procedure, drafting, and professional ethics. Registration as an AoR after clearing the examination formally confers the status.

Can any advocate appear and argue before the Supreme Court?

Yes, any enrolled advocate can appear and argue in the Supreme Court if they are briefed by an AoR. The restriction is on filing and acting - those functions require an AoR. A junior from a High Court bar who is briefed by an AoR can argue a Supreme Court matter. But that junior cannot file the SLP or sign the court documents without the AoR’s involvement.

What is the difference between a Senior Advocate and a regular advocate?

A Senior Advocate is an advocate who has been designated as such by the Supreme Court or a High Court under Section 16 of the Advocates Act, 1961. The designation is conferred by the court on the basis of the advocate’s ability, standing at the bar, and experience. Senior Advocates cannot directly accept briefs from clients - they must be instructed through a junior advocate (or an AoR in the Supreme Court). They cannot draft pleadings and they operate under a distinct code of conduct under the Bar Council of India Rules.

What is an amicus curiae?

An amicus curiae is an advocate appointed by the court (not by any party) to assist the court in a matter. The amicus is not a party’s representative - they assist the court as an independent voice, often in public interest litigation, criminal matters where the accused is unrepresented, or complex constitutional questions. The amicus files a memo of appearance rather than a vakalatnama, because they represent no client.

What is a memo of appearance?

A memo of appearance is a simpler document by which an advocate records their appearance for a party at a specific hearing. It is not the same as a vakalatnama. A vakalatnama is the authority granted to act in the entire matter; a memo of appearance is often filed at individual hearings, particularly in High Courts and the Supreme Court, to note who is appearing on that date. Some courts accept memo of appearance for interlocutory hearings even before a vakalatnama is formally filed, though this varies by court practice.

Can the same vakalatnama be used in both the trial court and the High Court?

No. A vakalatnama filed in the trial court authorises the advocate to act in that proceeding before that court. When the matter goes on appeal to the High Court, that is a new proceeding and requires a fresh vakalatnama filed before the High Court. The two proceedings are separate, and the court records are separate.

Does a client need to physically sign a vakalatnama or can it be done digitally?

Court practice on electronic signatures varies. Most courts in India still require a wet-ink signature on the vakalatnama for filing purposes. Some tribunals and newer e-filing systems are exploring digital signatures, but as of now, the default in most courts is physical signature on a stamped document. When a client is abroad or unable to attend, some courts permit the vakalatnama to be signed before an Indian High Commission or a Notary Public abroad and then sent for filing.

What is the difference between acting and appearing in court?

“Acting” in a matter means taking all procedural steps on behalf of the client - filing documents, signing pleadings, making applications, and taking responsibility for the conduct of the matter. “Appearing” means attending a hearing and making oral submissions. In the Supreme Court, the distinction matters greatly: only an AoR can act, but any briefed advocate can appear. In other courts, the same advocate who files the vakalatnama typically both acts and appears.

Can a vakalatnama authorise an advocate to compromise a claim or withdraw a case?

Not automatically. The standard vakalatnama authorises procedural acts, including pleading and filing. Compromising a claim or withdrawing a suit are significant acts that affect the client’s substantive rights. Most courts require either specific authority in the vakalatnama for these acts or a separate signed instruction from the client before they will record a compromise or withdrawal. An advocate who compromises a matter without proper authority from the client faces both professional and civil liability.

What should a law student know about handling vakalatname in their first internship?

First, understand that the vakalatnama is a document that binds the advocate to the client and to the court. Handle them carefully. Second, always check the stamp and bar council requirements for the specific court before filing. Third, keep a copy in the file. Fourth, understand that you cannot file anything as an intern on behalf of an advocate without the advocate’s express direction - the vakalatnama is their authority, not yours. Fifth, if you are asked to prepare a vakalatnama, use the form prescribed by the specific court (most High Courts have a standard form) and fill it accurately.

How does a vakalatnama help organise case files?

The vakalatnama is the foundational document for a new matter - it identifies the client, the court, the case number, and the advocate engaged. It is also the starting point for setting up a matter file. Everything else - the pleadings, the interim orders, the correspondence - flows from this opening document. Practices that maintain well-organised vakalatnama records tend to have better case management overall. This becomes especially important when multiple lawyers in a firm are working on the same client’s matters across different courts.

Where can I find the prescribed vakalatnama format for a specific court?

The prescribed format, if any, is usually in the rules of the relevant court. High Court Rules are typically published on the High Court’s official website. The Supreme Court Rules, 2013 are available on the Supreme Court of India’s website. For bar council requirements, the respective State Bar Council or Bar Association website is the starting point. If you are new to a court, checking with a senior advocate who regularly practises there is the quickest route to the correct format and current requirements.

Key takeaways

  • A vakalatnama is the written authority by which a client appoints an enrolled advocate to appear and act in a specific court proceeding. It is governed by Order III Rule 4 of the CPC and equivalent rules in criminal and tribunal practice.
  • It is distinct from a power of attorney (which is general-purpose agency) and from a memo of appearance (which records attendance at a hearing). The three documents serve different functions and are not interchangeable.
  • Stamp duty is required on a vakalatnama in most states; the specific amount varies by state stamp legislation and must be verified for the court where the matter is filed. Bar councils in many jurisdictions additionally levy a fee.
  • A vakalatnama is case-specific. A fresh vakalatnama is required for each separate proceeding, including appeals.
  • To change counsel, a client must either obtain a no-objection certificate from the existing advocate or seek a court order permitting the change. The right to change counsel is recognised, but the procedure must be followed.
  • The Advocate-on-Record (AoR) system is unique to the Supreme Court of India. Only an AoR can file documents and act in Supreme Court matters. Any enrolled advocate may appear and argue if briefed by an AoR.
  • Becoming an AoR requires at least four years of practice, training with a sitting AoR, and passing the AoR Examination conducted by the Supreme Court.
  • Senior Advocates are designated by the Supreme Court or a High Court; they cannot directly accept client briefs, cannot draft pleadings, and must be instructed through a junior advocate or AoR.
  • An amicus curiae is court-appointed to assist the court, not to represent a party. They file a memo of appearance, not a vakalatnama.
  • Good procedural habits around vakalatname - checking stamp requirements, keeping copies, knowing when a fresh one is needed - are foundational skills for any litigating practice.

When you are ready to try it: Start for ₹100 - 200 credits to start, cancel anytime. Questions: [email protected].