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CAN COURT ACCEPT VAKALATNAMA FILED BY NEW ADVOCATE WITHOUT ANY OBJECTION OF PREVIOUS ADVOCATE?
CAN COURT ACCECPT VAKALATNAMA FILED BY NEW ADVOCATE WITHOUT ANY OBJECTION OF PREVIOUS ADVOCATE?
A Vakalatnama is the document that allows an advocate to act for or on behalf of his client. Vakalatnama is nothing but a power given to an advocate to represent his client before the court. A Vakalatnama is similar to the power of attorney which is duly signed by the client to allow the advocate to legally represent him/her before a court. No Objection Certificate is required to be obtained from the previous advocate, before filing the vakalatnama by a new advocate. This is generally given by the advocate in question, otherwise there may arise issues with the other advocate, like dues of fees for services rendered etc. The High courts, usually do not allow the matters of default where NOC’s are not obtained from previous lawyer.
“As per Order III, Rule 4(3) of the First Schedule of the Code of Civil Procedure, 1908, no advocate shall be entitled to make or do any appearance, application or act for any person unless he presents an appointment in writing, duly signed by such person or his recognised agent.”
Therefore no advocate shall act for any other person in any Court unless he has been appointed for the reason by the individual by a Vakalatnama in the form appropriate document and signed by the individual or by his recognised agent. Provided that nothing shall apply to any Advocate engaged to plead on behalf of any party by another Advocate or Attorney who has been duly appointed to act in Court on behalf of such party. Whereas nothing in this rule applies to a Public Prosecutor or an Advocate who has been appointed by the Court to help the Court in any case or a proceeding or the advocate who has been appointed at the expense of the State to defend the accused person in a criminal proceeding.
Therefore, only the advocates who have received the Vakalatnama from the previous advocate can appear before the court. If a new advocate files a Vakalatnama before the court without any objection of the previous advocate then it will be regarded as misconduct to appear before the court.
