Response

Hello,

As per Section 2(u) of Advocates’ Welfare Funds Act, 2001, ÒVakalatnamaÓ includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority.

Vakalatnama to be filed before Supreme Court can be printed on white paper (legal size) i.e. full scape white paper (21.5 cm x 34.5 cm). In case your unable to find this paper you can print on any other size bigger than A4 size. You just need to print it and get it notarised by the local notary in USA and courier it to your advocate.

A person/party filing a case may also represent their own case personally in any court. However, due to lack of knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of parties. Vakalatnama is a document by which the party filing the case authorizes the Advocate to represent on their behalf.

On General Terms, a Vakalatnama may contain the falling terms :
1.The client will not hold the Advocate responsible for any decision.
2.The client shall bear all the costs and /expenses incurred during the proceedings.
3.The advocate shall have right to retain the documents, unless complete fees are paid.
4.The client is free to disengage the Advocate at any stage of the Proceedings.
5.The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client.

Vakalatnama is affixed on the last page of plaint / suit and is kept along with court records. No fees are required to be paid on it. However, nowadays, Delhi High court Rules require, a 10 Rupees. “Advocate Welfare Stamp” to be affixed on the Vakalatnama. Plaint should also have the requisite court fees attached to it. Court fees are some nominal percentage of the value of the claim or value of the suit. The requisite amount of Court and stamp fees is different for every suit, and is mentioned in the “Court Fees Stamp Act.”

Reference:

2021002320210042462

LAWAYZ-2023-520