Vakalatnama Format & Rules

What Is a Vakalatnama?

A vakalatnama is the formal instrument by which a client engages a lawyer and authorises that lawyer to act on the client's behalf in a specific legal proceeding. It is not a contract for services in the commercial sense - it is the authority document that gives the lawyer the right to appear, argue, and file in the court on the client's behalf. Without a properly executed vakalatnama, a lawyer has no standing in the matter and the court cannot permit the lawyer to act.

Essential Elements

Every vakalatnama must include the following:

• Client's full name and description - the full name, father's name (where applicable), residential address, and any other identifying details.
• The lawyer's name and bar enrolment number - the full name of the advocate and their Bar Council enrolment number.
• The case reference - the case number, the name of the court, and the nature of the proceeding (criminal / civil / family / consumer).
• The scope of authority - the specific acts the lawyer is authorised to do: appear, file, argue, take steps, sign, withdraw, settle, file an appeal, etc. The scope must be stated explicitly - a general "do everything" clause is insufficient for a settlement or a compromise.
• The signature of the client - in the Magistrate Court, the client must sign personally. In the Sessions Court and above, a representative may sign where the client is unable to sign personally, with the reason stated.
• The date - the date of execution.

The Standard Format

Execution Rules by Court Level

• Magistrate Court - the client must sign the vakalatnama personally. A representative cannot sign on the client's behalf at this level.
• Sessions Court - the client may authorise a representative to sign where the client is unable to sign personally (e.g. the client is in custody or is a minor). The reason for the representative's signature must be stated in the vakalatnama.
• High Court - the same rule as the Sessions Court applies. The vakalatnama must be accompanied by the power of attorney where the authority extends to settlement or compromise.
• Supreme Court - the vakalatnama must be accompanied by a power of attorney. The authority to settle or compromise must be expressly stated.

Common Errors That Lead to Rejection

• Missing bar enrolment number - the court will not accept a vakalatnama that does not state the lawyer's enrolment number.
• General settlement authority without a power of attorney - a vakalatnama that authorises the lawyer to "settle" or "compromise" must be accompanied by a power of attorney. A bare vakalatnama is insufficient.
• Incorrect case number - the vakalatnama must reference the correct case number. A wrong case number renders the authority void.
• Missing client signature - in the Magistrate Court, a vakalatnama without the client's personal signature is not valid.
• No date - a vakalatnama without a date is not admissible.
• The scope is too broad - a general "do everything" clause is not sufficient for specific acts like settlement, withdrawal, or filing an appeal. Each specific act must be named.

Revoking a Vakalatnama

A vakalatnama can be revoked at any time by the client. The revocation must be in writing and communicated to the court and to the opposing party. The lawyer is entitled to receive the vakalat fee already paid, but not fees for work done after the revocation. Where the lawyer has already filed a reply or an application on the basis of the vakalatnama, the revocation does not undo those filings - it only prevents the lawyer from taking further steps.