Who is Advocate on Record of Supreme Court? What is Vakalatnama and Memo of Appearance

The advocates who have qualified as Advocate on Record after under going training under Advocate on Record with Prescribed experience and have cleared the the Advocate on Record Examination are authorised to act as well as to plead for the party in the case and to conduct and prosecute before the Court all proceedings that may be taken in respect of the said case or any application or miscellaneous application connected with the same or any decree or order passed therein, including proceedings in taxation, applications for review and curative petitions. Details about AOR, authorites and functions are:

 

1. Advocate on Record

  1. An advocate on-record shall, on his filing a memorandum of appearance on behalf of a party accompanied by a vakalatnama duly executed by the party, be entitled:

(i) to act as well as to plead for the party in the case and to conduct and prosecute before the Court all proceedings that may be taken in respect of the said case or any application or miscellaneous application connected with the same or any decree or order passed therein, including proceedings in taxation, applications for review and curative petitions; and

(ii) to deposit and receive money on behalf of the said party.

  1. No advocate other than an advocate on-record shall be entitled to file an appearance or act for a party in the Court.
  2. Every advocate on-record shall keep such books of account as may be necessary to show and distinguish in connection with his practice as an advocate on-record-

(i) moneys received from or on account of and the moneys paid to or on account of each of his clients; and

(ii) the moneys received and the moneys paid on his own account.

  1. Every advocate on-record shall, before taxation of the Bill of Costs, file with the Taxing Officer a certificate showing the amount of fee paid to him or agreed to be paid to him by his client.
  2. No person having an advocate on-record shall file a vakalatnama authorizing another advocate on-record to act for him in the same case save with the consent of the former advocate on-record or by leave of the Judge in Chambers, unless the former advocate on record is dead, or is unable, by reason of infirmity of mind or body, to continue to act.
  3. Where a party changes his advocate on-record, the new advocate on-record shall give notice of the change to all other parties appearing in the case.
  4. No advocate on-record may, without the leave of the Court, withdraw from the conduct of any case by reason only of nonpayment of fees by his client.
  5. An advocate on-record who, on being designated as a senior advocate or on being appointed as a Judge or for any other reason, cease to be an advocate on-record for any party in a case shall forthwith inform the party concerned that he has ceased to represent the said party as advocate on-record in the case.
  6. No person having an advocate on-record shall be heard in-person save by special leave of the Court.
  7. No advocate on-record shall authorize any person whatsoever, except another advocate on-record, to act for him in any case.
  8. No advocate other than the advocate on-record for a party shall appear, plead and address the Court in a case unless he is instructed by the advocate on-record or permitted by the Court.
  9. An advocate on-record shall be personally liable to the Court for the due payment of all fees and charges payable to the Court.
  10. An advocate on-record shall notify to the Registrar his/her eMail address and the address of his office in Delhi and every change of such address, and any notice, writ, summons, or other document sent on such eMail address or served on him or his clerk at the address so notified by him shall be deemed to have been properly served.
  11. An advocate on-record shall not involve in mere name lending without any further participation in the proceedings of the case as it would constitute misconduct or conduct unbecoming of an advocate on-record.

 

 


2. Vakalatnama

(a) Every vakalatnama in any cause, appeal or matter shall be executed by the party:

Provided that a person, other than a party to the cause, appeal or matter, may file vakalatnama on the basis of Power of Attorney but shall annex original Power of Attorney with the vakalatnama.

(b) A vakalatnama filed by the State or its instrumentality under Article 12 of the Constitution or any body corporate shall be signed by the appropriate authority with official seal.

(c) A vakalatnama shall :

(i) be filed on demy-foolscap size paper and one side of the paper be used;

(ii) mention the name, age, father's name and address of the person(s) appointing the advocate as also the serial number in the array of parties;

(iii) contain State Bar Council Enrolment Number, postal address, telephone number, mobile number, eMail address and registration number of the advocate on-record accepting the vakalatnama, for service;

(iv) mention name of the person(s) executing the vakalatnama and advocate accepting the same, below their respective signatures;

(d) The Advocates Welfare Fund Stamp shall be pasted on the header of the vakalatnama, without covering any part of the text.

(e) Wherever a vakalatnama is found to be defective in any respect, the case in which it has been filed shall be dealt with as a defective case.

(f) Where the vakalatnama is executed in the presence of the advocate on-record, he shall certify that it was executed in his presence.

(g) Where the advocate on-record merely accepts the vakalatnama which is already duly executed in the presence of a Notary or an advocate, he shall make an endorsement thereon that he has satisfied himself about the due execution of the vakalatnama.

 

 

3. Memo of Appearance

(i) A memo of appearance shall, inter alia, consist of a declaration signed by the advocate on-record that he has been authorized, instructed and engaged to appear, act and plead for the party.

(ii) Where the party has personally authorized, instructed and engaged the advocate on-record, memo of appearance shall be countersigned by the party. Where the party is illiterate, thumb impression or other mark of the party on the memo of appearance shall be attested by at least two literate witnesses, who shall furnish their names and addresses, including police station in case of a criminal matter.

(iii) Where a person, other than a party to the cause, appeal or matter, has authorized, instructed and engaged the advocate on-record on behalf of a party, the memo of appearance shall be accompanied by the Power of Attorney signed by the party authorizing such person to authorize, engage and instruct an advocate on-record to appear, act and plead on his behalf. Such Power of Attorney shall clearly state the nature of relationship of such person with the party.

(iv) If such authorization is not accompanied by Power of Attorney, the matter shall be dealt with as a defective case.

 

 

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