Advocates Rules Regarding the Conditions Subject to which an Advocate shall Practice
Published vide Notification No. P. 0101/91, dated 14.12.1972, vide Maharashtra Shasan Rajpatra, dated 11.1.1973, Part 4K, p. 125.
(b) In such cases where the lawyer engaged is not able to sign the Vakalatnama in token of his acceptance at the time of filing it, the same may be signed by another lawyer on his behalf provided that the former acknowledges and ratifies the acceptance of the Vakalatnama within two weeks from the date of its being filed in the Court by making an endorsement on the Vakalatnama to that effect.5. The acceptance of an appointment on behalf of a firm of Advocates shall be indicated by a partner affixing his own signature as a partner on behalf of the firm. 6. An Advocate at the time of acceptance of his appointment shall also endorse on it his address, which address shall be regarded as one for service within the meaning of rule 5 of order 3 of the Code of Civil Procedure, 1908 : Provided that, where more Advocates than one accept the appointment, it shall be sufficient for one of them to endorse his address, which address shall be regarded as one for service within the meaning of rule 5 of order 3, Civil Procedure Code. 6A. When an Advocate instructed by a party to act or appear in a matter has not been able to secure a Vakalatnama in the prescribed form duly signed by the client, he may file a statement signed by him stating that he has instructions from or on behalf of his client to act or appear in the matter and also undertaking to file within a week a Vakalatnama in the prescribed form, duly signed, by the party. 7. (1) An Advocate shall be bound to appear in Court on any day which by notice duly given or in accordance with the practice of the Court, is fixed for the hearing of a proceeding in which he is appointed by the party. (2) Where an Advocate appointed by a party in any of the proceedings is prevented by reasonable cause from appearing and conducting the proceedings at any hearing, he may instruct another Advocate to appear for him at that hearing. (3) Where an Advocate is not able to instruct another Advocate on account of some sudden or unexpected cause, he may intimate or cause to be intimated in writing, to the Court, the cause that prevented him from appearing and conducting the proceedings and thereupon the hearing of the proceedings may be stayed for such period not exceeding four days as the court may think proper in order to enable the Advocate to make necessary arrangements : Provided that, the hearing of the proceeding may not be stayed where there is on record another Advocate who not similarly prevented and who is duly empowered to act, appear or plead on behalf of the party. (4) The provisions of sub-rule (3) above shall not apply to Criminal Cases, Special Civil Applications and matters specially fixed for hearing or expedited by the order of the Court, in the High Court in its appellate jurisdiction. (5) In uncontested suits or matters where consent order is to be obtained an Advocate may hold a brief of another Advocate provided that the Court at any time may require the presence of the Advocate to whom the brief really belongs. 8. (1) In Civil Cases, the appointment of an Advocate, shall be deemed to be in force to the extent provided in that behalf by rule 4 of order 3 of the Code of Civil Procedure, 1908. (2) In Criminal Cases, the appointment of an Advocate, shall be deemed to be in force until determined with the leave of the Court by writing signed by the client or the Advocate, as the case may be and filed in Court or until the client or the Advocate dies, or until all proceedings in the case are ended so far as regards the client. (3) For the purposes of sub-rule (2), a case shall be deemed to mean every kind of enquiry, trial or proceeding before a Criminal Court whether instituted on a Police Report or otherwise. The following shall be deemed to be proceedings in the case :-
(i) an application for bail or reduction, enhancement or cancellation of bail in the case;
(ii) an application for transfer of the case from one Court to another;
(iii) an application for stay of the case pending disposal of a civil proceeding in respect of the same transaction out of which the case arises;
(iv) an application for suspension, postponement or stay of the execution of the order or sentence passed in the case;
(v) an application for the return, restoration or restitution of the property as per the order of disposal of property passed in the case;
(vi) an application for leave to appeal against an order of acquittal passed in the case;
(vii) any appeal or application for revision against any order or sentence passed in the case;
(viii) a reference arising out of the case;
(ix) an application for review of an order or sentence passed in the case or in an appeal, reference or revision arising out of the case;
(x) an application for making concurrent sentences awarded in the case or in an appeal, reference, revision or review arising out of the case;
(xi) an application relating to or incidental to or arising in or out of any appeal, reference, revision or review arising in or out of the case (including an application for leave to appeal to the Supreme Court);
(xii) any application or act for obtaining copies of documents or for the return of articles or documents produced or filed in the case or in any of the proceedings mentioned hereinbefore;
(xiii) any application or act for obtaining the withdrawal or the refund or payment of or out of the moneys paid or deposited in the Court in connection with the case or any of the proceedings mentioned hereinbefore (including moneys paid or deposited for covering the costs of the preparation, printing and transmission of the transcript record of appeal to the Supreme Court;
(xiv) any application for the refund of or out of the moneys paid or recovered as fine or for the return, restitution or restoration of the property forfeited or confiscated in the case or in any appeal, reference, revision or review arising out of the case as per final orders passed in that behalf;
(xv) any application for expunging remarks or observations on the record of or made in the judgement in the case or any appeal, reference, revision or review arising out of the case; and
(xvi) any application or proceeding for sanctioning prosecution under Chapter XXXV of the Code of Criminal Procedure, 1898, or any appeal or revision arising from and out of any order passed in such an application or proceeding:Provided that, where the venue of the case or the proceedings is shifted from one Court (subordinate or otherwise) to another, the Advocate filing a Vakalatnama referred to in sub-rules (1) and (2) above shall not be bound to appear, act or plead in the latter Court unless he files a memorandum stating that he has instructions from his client to appear, act and/or plead in that Court. (4) When an Advocate who has filed a Vakalatnama for a party wishes to withdraw his appearance he shall serve a written notice of his intention to do so on his client at least seven days in advance of the case coming up for hearing before the Court. Leave of the Court to withdraw appearance may also be applied for if the client has instructed the Advocate to that effect. The Advocate shall file a note in writing requesting the Court for permission to withdraw appearance and shall also file along with the Note letter of the client instructing him to withdraw his appearance or a copy of the intimation given to the client as above together with his written acknowledgement by the client. The Court if it is satisfied that no inconvenience is likely to be caused to the Court or the client may permit the Advocate to withdraw his appearance and while permitting the Advocate to do so may also impose such terms and conditions as it may deem proper either in public interest or in the interest of the parties. (5) A party who wishes to discharge the Advocate engaged by him may apply to the Court for an order of discharge by following a similar procedure and the Court if it is satisfied may pass orders discharging the Advocate shall while doing so impose such terms and conditions as it may deem proper. 9. An Advocate who has advised in connection with the institution of a suit, appeal or other proceeding or has drawn up pleadings or has during the progress of any suit, appeal or other proceedings appeared, acted or pleaded for a party, shall not act, appear or plead in the suit, appeal or other proceeding or in an appeal or application for revision arising therefrom or in any matter connected therewith for the opposite party. 10. (a)The appointment of a firm of Advocates may be accepted by any partner on behalf of the firm.
(b) No firm of Advocates shall be entitled to appear, act or plead in any Court unless all the partners thereof are entitled to appear, act or plead in such Court.
(c) The name of the firm of Advocates may contain the names of the persons who were or are partners of the firm of Advocates but of no others.
(d) The names of all the partners of the firm of Advocates shall be recorded with the Prothonotary and Senior Master, the Registrar of the High Court and/or the District Judge, as the case may be, and the State Bar Council, and the names of all the partners shall also be set out in all professional communications sued by the partners or the firm.
(e) The firm of Advocates shall notify to the Prothonotary and Senior Master, Registrar of the High Court and/or the District Judge, as the case may be, and the State Bar Council any change in the composition of the firm or the fact of its dissolution as soon as may be from the date on which such change occurs or its dissolution takes place.
(f) Every partner of the firm of Advocates shall be bound to disclose the names of all the partners of the firm whenever called upon to do so by the Prothonotary and Senior Master, the Registrar of the High Court, the District Judge, the State Bar Council, any Court or any party for or against whom the firm or any partner thereof has filed the appointment or memorandum of appearance.
(g) In every case where a partner of a firm of Advocates signs any document or writing on behalf of the firm he shall do so in the name of the firm and shall authenticate the same by affixing his own signature as partner.
(h) Neither the firm of Advocates nor any partner thereof shall advice a party or appear, act or plead on behalf of a party in any matter or proceeding where the opposite party is represented by any other partner of the firm or by the firm itself.11. No Advocate shall be permitted to file an appointment or memorandum of appearance in any proceeding in which another Advocate is already on record for the same party save with the consent of the former Advocate on record or the leave of the Court, unless the former Advocate has ceased to practise or has by reason of infirmity of mind or body, or otherwise become unable to act. 12. No Advocate who has been disbarred or suspended or whose name has been struck off the Roll of Advocates shall be permitted to act as a recognised agent of any party within the meaning of Order III of the Code of Civil Procedure, 1908. 13. No Advocate who has been found guilty of Contempt of Court shall appear, act or plead in any Court unless he has purged himself of contempt. The Court may in its discretion permit an Advocate who has found guilty of Contempt of Court to appear, act or plead without purging himself of Contempt of Court. 14. Advocates appearing before the Court shall wear the following as part of their dress which shall be sober and dignified.
(1) Advocates other than lady Advocates :
(a) Black buttoned up coat, achakan or sherwani with Barrister's gown and bands; or
(b) Black open breast coat, white collar, stiff or soft, with Barrister's gown and bands.
(2) Lady Advocates :Indian or Western dress of subdued colour or colours with Barrister's gown and bands. 15. The above rules shall be subject to rules made or deemed to have been made by the High Court under section 34(2)(iii) of the Advocate Act, determining the persons who shall be entitled respectively to plead and to act in the High Court in the exercise of its Original Jurisdiction.
In the Court of..........................................
Civil Suit/Criminal Case...........................
Appeal Revision/etc..........No.........of 19.............
Amount of Claim in Suit etc.I....................... inhabitant of the................. in the said matter................hereby appoint to appear and act for me as my Advocate/s in the matter. Witness my hand this
day of 19,............Accepted :