A lawyer can appear in any matter on behalf of its client provided such lawyer has filed a Vakalatnama or memo for the same client before the Court of Law. A Vakalatnama or memo is a privileged document signed by the client authorizing only one lawyer or two-lawyers (in case of a firm) to represent his interest before the Hon’ble Court. In the case of Uday Shankar Triyar vs Ram Kalewar Prasad Singh &Anr AIR 2006 SC 269, the Supreme court held that Vakalatnama creates the special relationship between the lawyer and the client. It regulates and governs the extent of delegation of authority to the pleader and the terms and conditions governing such delegation. It should, therefore, be properly filled/attested/accepted with care and caution. Any other lawyer will not appear in any matter where another advocate has filed a Vakalatnama or memo for the same party.
In such a case, a lawyer who is not able to present the consent of the advocate who has filed the matter for the same party must apply to the court to be allowed to appear on behalf of the client. He shall in such application mention the reason as to why he could not obtain such consent. He shall appear only after obtaining the permission of the Court.