vakalat

Vakalat is a term used in the legal systems of the Indian subcontinent to denote a formal authorization by a client to an advocate to represent them in legal proceedings. The term derives from the Urdu and Hindi vakil (advocate) and the Arabic root wakala meaning to entrust or commission.

In practice, vakalat is implemented through a document known as a vakalatnama, filed in court at the outset of a case. The document is signed by the client and the advocate, and may also be signed by a power of attorney holder in civil matters. It authorizes the lawyer to appear, plead, file pleadings, sign documents, receive notices, and generally act on behalf of the client in the designated matter. In criminal cases, the vakalat allows the advocate to defend or prosecute according to the client’s instructions.

Vakalat can be general, covering all matters for a period, or limited to a specific case or to certain acts. Some courts recognize temporary or limited vakalat, allowing withdrawal or substitution of counsel with proper notice. The mechanism ensures the client does not have to attend every hearing and enables the lawyer to manage procedural steps and communications with the court.

The filing of a vakalatnama is a procedural requirement in many courts, including district courts, high courts, and in some jurisdictions the Supreme Court. The document creates a legal relationship between client and advocate and is revocable by the client, subject to court approval of withdrawal and transfer of instructions.

Vakalat is commonly described in English as a form of power of attorney for litigation or litigation representation. It is distinct from a general power of attorney, which remains in effect for non-litigation matters unless specified otherwise.