What is Vakalatnama | Vakalatnama format download in PDF
Vakalatnama (Power of Attorney) is a legal document used in India, Pakistan, and Bangladesh, that authorizes a lawyer/counsel to represent a client in a court of law. It is also commonly known as a "vakalat" or "vakalatnama letter."
The document usually includes the name of the client, the name of the lawyer, and the details of the case. It is signed by the client and is required to be filed with the court to establish the lawyer's authority to represent the client.
Why we need Vakalatnama ?
Vakalatnama is an essential legal instrument and without it, a lawyer cannot appear on behalf of a client in court. It is a standard practice for clients to execute a vakalatnama in favor of their lawyers to enable them to represent their interests effectively in legal proceedings. It establishes the relationship between the lawyer and the client and lays down the terms of engagement between them.
Here are some reasons why a vakalatnama is required:
- Legal Requirement: In India, Pakistan, and Bangladesh, a lawyer cannot represent a client in court without a vakalatnama. It is a legal requirement and a standard practice to ensure that the client has authorized the lawyer to act on their behalf.
- Establishing Authority: By executing a vakalatnama, the client empowers the lawyer to take legal action on their behalf, including drafting and filing pleadings, presenting arguments, and negotiating with the opposing party.
- Clarity on the scope of representation: A vakalatnama sets out the specific terms of engagement between the client and the lawyer, including the nature and extent of the legal services to be provided, the fees and other costs involved, and the duration of the engagement.
- Confidentiality: The vakalatnama also includes a confidentiality clause that ensures that the lawyer keeps all the client's information and documents confidential and does not disclose them to any third party without the client's permission.
Fees of vakalatnama ?
In India, the fees for a vakalatnama are generally governed by the Advocates Act, 1961, which provides that lawyers are entitled to charge fees that are fair and reasonable, based on several factors, including the amount of time spent on the case, the lawyer's expertise and experience, the urgency of the matter, and the client's ability to pay.
Some lawyers may charge a fixed fee for their services, while others may charge hourly rates or a percentage of the amount involved in the case. The fees charged by senior lawyers and law firms are generally higher than those charged by junior lawyers and individual practitioners.
It is important to discuss the fees with the lawyer and agree on them before signing the vakalatnama, to avoid any misunderstandings later. The fees for a vakalatnama can also be negotiated, depending on the circumstances of the case and the financial situation of the client.
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