Vakalatnama
A Vakalatnama is a legal document in India through which a client authorizes an advocate (lawyer) to represent them in a court of law or before any legal authority.
Definition:
Vakalatnama is derived from the Persian word "vakalat", meaning "power of attorney" or "authority to represent". It is a written document signed by a litigant (client) giving permission to a lawyer to act, plead, or appear on their behalf in court.
When is Vakalatnama given?
It is filed along with the plaint (in civil cases) or written statement, or with the petition (in criminal or other matters) when a party appoints an advocate.
It is usually the first document submitted by the advocate in a case to show they have the authority to act on behalf of the client.
Why is Vakalatnama given?
Legal Authority: It authorizes the advocate to:
File or defend a case
Sign documents and pleadings
Appear and argue in court
Receive documents or court orders
Protects Client and Advocate:
Establishes a formal legal relationship
Limits the advocate’s power to what the client consents to
Required by Court Procedure:
Courts require a Vakalatnama to ensure that the advocate has the client’s consent to act.
Key Contents of a Vakalatnama:
Name and details of the client
Name and enrollment number of the advocate
Case title and court
Powers given (e.g., signing, appearing, withdrawing case)
Client’s signature/thumb impression
Advocate's acceptance and signature
Revenue stamp (in some cases)
Important Notes:
No court fees are required on a Vakalatnama, except for a nominal court stamp.
A client can revoke a Vakalatnama at any time by giving notice.
An advocate can also withdraw by informing the client and court.