Can an advocate instructed by a party to act or appear in a matter do so without filing a "Vakalatnama" ? This is an issue which affects several litigants in recent times in the State of Goa.
It is learnt that the law prescribes that and advocate may file a statement signed by his/her client stating that he/she has instructions from or on behalf of his/her client to act or appear in the matter but also undertaking to file within a week a "Vakalatnama" in the prescribed form, duly signed by the party. However, there is a gross violation by Advocates to the extent that sometime "Vakalatnama" is never filed even after the case progresses beyond the evidence stage . In a recent case this writer observed that an Advocate cum Notary Mr Fotto Bhangui from Margao Salcete, Goa appearing on behalf of a real estate developer in a matter before the Chief Officer of Margao Municipality had niether filed a statement by his client that he has instructions from or on behalf of his client to act or appear in the matter on the date fixed for arguments, nor did he comply with the undertaking to file within a week a Vakalatnama in the prescribed form, duly signed by the party, instead he appeared "de novo" at the next hearing without complying with the same. When brought to his notice by this writer publicly that the same constitutes violation of professional ethics and conduct of a legal officer of the Court more so being in the profession for nearly thirty years and a notary public he tried to wriggle out of the situation overlooking the lapse in full public gaze. However this gross lapse which the Advocate failed to comply was recorded in the days proceedings and the matter will now be pursued before the Bar Council of Maharashtra and Goa for penal action against the Advocate and to act as a deterrent for other Advocates who commit such breach of legal procedures. Meanwhile some persons in the Margao Municipality brought to the notice of this writer discreetly that this lapse is almost rampant even in the civil courts . However they fear reprisal from the erring advocates and therefore are reluctant to go on record. It is hoped that the learned judges of the Courts and quasi judicial officers in the Executive arm of the Government takes cognizance of such lapses and issues direction to the Registrars to ensure that Advocates cease and desist from such lapses and pull up suo moto erring Advocates. GODFREY J. I. GONSALVES, BORDA, MARGAO, 403 602, GOA. (INDIA) +91 98221 58584 (24 HRS) [email protected] The INTERNET now has a personality. YOURS! See your Yahoo! Homepage. http://in.yahoo.com/
