Vakalatnama: What It Is, How to Sign It and How to Change Lawyers

A vakalatnama is the written authority you give an advocate to appear and act for you in a case. Order III Rule 4 of the Code of Civil Procedure, 1908 says a pleader cannot act for anyone in a court unless appointed by a document in writing signed by that person (or their recognised agent or power of attorney holder), and that document must be filed in court. You can change your lawyer at any stage, but the court record has to show the change, and the new advocate will normally need either a no objection from the earlier one or the court's permission.

What a vakalatnama actually does

It does two jobs. It tells the court who represents you, so notices and orders reach the right person. It also sets out what the advocate may do on your behalf, such as filing pleadings, applications and appeals, receiving documents and, depending on the wording, withdrawing or compromising the case. The Supreme Court described the document this way in Uday Shankar Triyar v. Ram Kalewar Prasad Singh (2005):

Vakalatnama, a species of Power of Attorney, is an important document, which enables and authorizes the pleader appearing for a litigant to do several acts as an Agent, which are binding on the litigant who is the principal.

Uday Shankar Triyar v. Ram Kalewar Prasad Singh, Supreme Court (2005)

Because acts done within that authority bind you, read the powers clause before you sign. If you do not want the advocate to settle or withdraw the case without asking you, say so in writing at the time of engagement and keep a copy.

The rule behind it: Order III Rule 4 CPC

For civil cases the rule is short, and three parts of it matter most to a client.

• Who can sign: the party, the party's recognised agent, or a person authorised under a power of attorney to make the appointment.
• How long it lasts: once filed, the appointment stays in force until it is ended with the leave of the court by a writing signed by the client or the advocate and filed in court, until the client or the advocate dies, or until all proceedings in the suit end for that client.
• What counts as the same suit: the Explanation to the rule treats an appeal from a decree or order in the suit as a proceeding in the suit. The Supreme Court held in Uday Shankar Triyar that a vakalatnama filed in the trial court can be enough authority to file the appeal, though filing a fresh one is usually more convenient for the court office.

Criminal courts, High Courts, tribunals and consumer commissions use the same document, but each follows its own rules of practice on format and filing. Your advocate will use the form the particular court accepts.

Who signs and how to sign it properly

In the same judgment the Supreme Court listed defects it routinely saw in vakalatnamas. Most of them are easy to avoid if you follow these steps, whether you use the court's printed form or a vakalatnama format prepared in advance.

1. Check the heading: the court, the case number (or the nature of the case if not yet filed), and the names of the parties exactly as in the pleadings.
2. Fill in your full name and the names of the advocates before you sign. Do not sign a blank or half-filled form.
3. Sign in every capacity you hold. A parent signing for themself and a minor child should write that the signature is for self and as guardian of the minor.
4. If you sign for a company, firm, trust or society, write your name and designation below the signature and attach the board resolution or other authority.
5. If a power of attorney holder signs for you, the vakalatnama should say so and a copy of the power of attorney should be attached. A general power of attorney that does not cover litigation may not be enough, so check its wording.
6. Where several people sign one vakalatnama, each signature should carry the signer's name or serial number so the court can tell who signed.
7. The advocate signs to accept the brief, adds an address for service, and files it with the required welfare stamp.

The welfare stamp differs from State to State

Section 27 of the Advocates' Welfare Fund Act, 2001 requires every advocate to affix a welfare fund stamp on each vakalatnama filed. The Act sets a base value and lets the appropriate Government prescribe a different value within a ceiling. Section 38 also says the central Act does not apply in States that have their own advocates' welfare fund laws, listed in its Schedule II, which include Maharashtra, Kerala, Karnataka and West Bengal.

So there is no single national figure. The stamp amount depends on the State and sometimes on the level of court. Under the central Act, section 27(2) also says the value of the stamp is not to be collected from the client, but the State laws have their own rules. Separately, court fee laws provide for a fee on a vakalatnama (the old Court-fees Act, 1870 lists it in Schedule II, Article 10), and the amount today follows the court fee law in force in your State. Your advocate or the court's filing counter will know the current requirement.

How to change your lawyer in a pending case

You are free to change your advocate. The friction comes from a professional conduct rule. Rule 39 of the Bar Council of India's standards of professional conduct says an advocate shall not enter appearance in a case where another advocate's vakalat is already on record except with that advocate's consent. If the consent cannot be produced, the new advocate must apply to the court giving reasons and may appear only after the court permits it. This is where the practice of asking for a no objection certificate comes from.

1. Write to your current advocate saying you are discharging them, asking for a no objection to the new advocate's appearance and asking for the return of your case file.
2. Sign a fresh vakalatnama in favour of the new advocate.
3. The new advocate files it in court with the no objection. If the earlier advocate does not give one, the new advocate applies to the court explaining why consent could not be produced.
4. Make sure the earlier appointment is formally ended on the record, by a writing signed by you or the earlier advocate and filed with the court's leave, as Order III Rule 4 requires.
5. If papers are missing, apply for certified copies of pleadings and orders through a certified copy application. Our guide on getting a certified copy of a court order explains the process.

A fee dispute does not let the earlier advocate keep your papers. In R.D. Saxena v. Balram Prasad Sharma (2000) the Supreme Court held that an advocate has no lien over the litigation files for unpaid fees and that, while the case is pending, the client is entitled to get the papers back so the new counsel can be briefed. Any fee claim has to be pursued separately.

When the advocate wants to withdraw

The rules work in the other direction too. Rule 12 of the same Bar Council rules says an advocate shall not ordinarily withdraw from an engagement without sufficient cause and reasonable notice to the client, and on withdrawal must refund the part of the fee not earned. In court, the advocate's withdrawal also needs the court's leave under Order III Rule 4. If you receive such a notice, start looking for a replacement immediately so a new vakalatnama can be filed before the next date.

Getting a second opinion before you switch

Many people change lawyers because they are unsure the case is being handled well. A short written request for an opinion, with the pleadings and recent orders attached, helps a new advocate assess the matter quickly. A legal opinion request letter sets out the questions and the documents in one place. You can also find a civil litigation lawyer or read questions other litigants have asked about changing counsel before you decide.