The Advocate DiaryThe vakalatnama and the fee arrangement are at the start of almost every brief. Getting them right avoids disputes later on. Requirements vary between courts and states, so check your High Court's rules and your State Bar Council's requirements as well.
The vakalatnama
A vakalatnama is the written authority by which a client appoints an advocate to act in a matter. In civil cases, Order III Rule 4 of the Code of Civil Procedure, 1908 requires the appointment of a pleader to be in writing and filed in court. Before filing, check that:
- the court, case number and party names are correct;
- the client's signature or thumb impression is properly obtained, and the signatory has the authority to sign, especially for a company or other entity;
- you have accepted it by signing and adding your enrolment details as your court requires;
- any advocates' welfare stamp or court fee required locally is affixed.
Keep a copy with the case file, and if another advocate is already on record, follow the applicable procedure for a no-objection or change of counsel.
Agreeing fees
Fees are generally a matter of agreement between advocate and client, but misunderstandings are common. It helps to record in writing:
- the scope of the work, such as the trial stage only or including appeals;
- whether the fee is per appearance, per stage or a lump sum;
- who bears court fees, clerkage, travel and other costs;
- when payments fall due.
What to avoid
The Bar Council of India's Rules on professional standards (Part VI, Chapter II) restrict certain fee practices. In particular, Rule 20 says an advocate shall not stipulate for a fee contingent on the results of litigation or agree to share in the proceeds. Advocates should also keep proper accounts of client money and distinguish between fees and other amounts held. Read the Rules themselves for the exact duties.
Keep your fee records straight
- Record the agreed fee and any discount when you accept the brief.
- Log each payment as it is received, with its date and mode of payment.
- Review pending balances at regular intervals, instead of at the end of a matter.
The Advocate Diary's private fee book keeps those entries for each case, visible only to you. You can also attach your case's papers using document management.
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This article is for general informational purposes only and is not legal advice. Laws, rules and court procedures change, and vary between courts and states. Verify against current official sources and applicable professional guidance.