Vakalatnama

What is a Vakalatnama?

A Vakalatnama is a legal document through which a party (client/litigant) authorizes an advocate to act, appear, and plead on their behalf before a court, tribunal, or authority.
It establishes the formal advocate–client relationship in litigation.
Once signed and accepted, the advocate gains the authority to file pleadings, affidavits, applications, and take procedural steps on behalf of the client.

Key Features:

Signed by the party (plaintiff/defendant/petitioner/respondent).
Accepted and signed by the advocate.
Gives authority to:
- Appear and plead before the court.
- Sign applications, affidavits, and documents.
- Receive notices, documents, and copies.
- Compromise or withdraw cases (if explicitly authorized).
Must bear appropriate court fee stamps (varies by state and court).

What is a Memo of Appearance?

A Memo of Appearance is a simpler document filed by an advocate informing the court that they are appearing on behalf of a party.
Unlike a Vakalatnama, it does not require the litigant’s signature.
It is commonly used:
- For limited appearances (preliminary hearings, adjournments).
- In cases where a party has not yet filed a formal Vakalatnama.
- In tribunals or quasi-judicial proceedings where simplified procedure applies.

Key Features:

Contains the advocate’s details (name, enrollment number, contact).
Mentions the party for whom the advocate is appearing.
Signed only by the advocate.
Usually filed for interim appearances or initial proceedings.

Difference Between Vakalatnama and Memo of Appearance

Aspect	Vakalatnama	Memo of Appearance
Definition	Written authorization by a client in favor of an advocate.	Notice filed by an advocate that they are appearing on behalf of a party.
Signed By	Party (client) and Advocate.	Only by Advocate.
Purpose	Grants full authority to represent in all proceedings.	Limited/initial appearance without full authorization.
Court Fee	Requires prescribed court fee stamps.	Generally no court fee.
Scope	Broad – includes filing, pleading, compromise, withdrawal (if authorized).	Narrow – mainly appearance and representation in hearings.

Format of Vakalatnama

Below is a model draft format of a Vakalatnama (may vary by court):

IN THE COURT OF ****____**** AT ****___****

Case No. ****___**** of 20**_**

Between:

[Name of Plaintiff/Petitioner]

Versus

[Name of Defendant/Respondent]

VAKALATNAMA

I/We, the undersigned [Name of Client(s)], the plaintiff/defendant/petitioner/respondent in the above case, do hereby appoint and retain Shri/Smt. ****__****, Advocate, to act, appear, and plead on my/our behalf in the above matter and to do all acts necessary in connection therewith.

The Advocate is authorized to:

Appear, act, and plead before the Hon’ble Court.
Sign, file, verify, and present pleadings, applications, affidavits, or any other documents.
Receive documents, copies, notices, or any sums of money on my/our behalf.
Compromise, withdraw, or adjust the case (if specifically authorized).
Engage any other advocate and to do all such acts as may be necessary for the conduct of the case.

Accepted & Signed: (Signature of Advocate)

Signed by: (Signature/Thumb impression of Client(s))

Place: ___________

Date: ____________

Witness:

Practical Importance

Vakalatnama: Essential for empowering advocates to take procedural steps and bind the client legally.
Memo of Appearance: Useful for immediate representation when formal authorization is pending.

Both documents play crucial but distinct roles in litigation under the Indian legal system.