What is the procedure for withdrawal of Vakalatnama from old lawyer ?


The attorney gains many powers by accepting the Vakalatnama, including the ability to compromise in a case, to be forced to argue with the opposing lawyer, and to accept money. Vakalatnama may be offered by a party or parties, a person’s guardian, or someone carrying out business or trading on someone’s behalf. The Vakalatnama may be granted to a single lawyer or a group of lawyers, but each one’s name must be included.

Vakalatnama gives the advocate some powers, such as the client’s ability to stop the advocate from making a decision, the client’s responsibility to pay all costs throughout the processes, the lawyer’s ability to hold all documents until all fees are paid, the client’s ability to change their advocate at any time during the process, and the lawyer’s ability to make judgments in court during the hearing period with good interest.

You must affix a court stamp to it; the maximum amount is 25 rupees; anything more than that is not permitted. For the district court and the courts below the district court, a five-rupee stamp is required.

For the High Court or Supreme Court, as well as tribunals and other authorities, a ten rupee court stamp is available. It does not have a set format as long as all of the information contained in the Vakalatnama can be presented to the court. It goes by different names in different parts of the country, such as vakkalath, Vakil Patra, Mukhtyarnama, and so on. It can be withdrawn in the event of the client’s death, the lawyer’s or advocate’s death, the client’s withdrawal of the Vakalatnama with the court’s permission, the lawyer’s or advocate’s withdrawal of the Vakalatnama with the court’s permission, or the conclusion of all court proceedings.

The lawyer will hand over the Vakalatnama to another lawyer, who will then represent him in a different court. In the case of Govinda Bhagoji Kamable And Ors. vs Sadu Bapu Kamable, the Court referred to relevant provisions for the withdrawal of a vakalatnama that is Rule 4 of Order III of the Code of Civil Procedure, 1908.

The Court also stated “” It is therefore very clear from the said Rule that once Advocate files his vakalatnama, the same continues to be in force till he obtains leave of the Court to withdraw his vakalatnama. It is also necessary to refer to the Rules framed by this Court in exercise of power under Section 34(1) of the Advocates Act, 1961. The said rules lay down the procedure for withdrawal of appearance by an Advocate.

Rule 8(4) of the said Rules provides that when an Advocate who has filed a vakalatnama for a party wishes to withdraw his appearance he shall serve a written notice of his intention to do so on his client at least seven days in advance of the case coming up for hearing before the Court.

The Rule further provides that the Advocate shall file a note in writing requesting the Court for permission to withdraw appearance and shall also file along with the Note the letter of the client instructing him to withdraw his appearance or a copy of the intimation given to the client as above together with its written acknowledgement by the client.

Reference: Section 34(1) of the Advocates Act, 1961; Rule 4 of Order III of the Code of Civil Procedure, 1908. – – AHG141 – 202100580 – 70 – 151- 20210084202100418982


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