A New Notification by Madras HC on Law Firms
NOTIFICATION NO. 68/2010
All the advocates are required to strictly adhere with Rule 5, 6 and Rule 10 of the Rules (1969) as given below, framed under Section 34(1) of the Advocates Act, 1961, relating to Law Firms, while filing up vakalats and are requested to make necessary changes in the name of their partnerships.
Rule 5 : The acceptance of an appointment on behalf of a firm or partnership of advocates shall be indicated by a partner affixing his own signature as a partner on behalf of the firm or partnership of advocates.
Rule 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, the Code of Civil Procedure, 1908.
Provided that where more than one advocate accepts 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, Code of Civil Procedure, 1908.
Rule 10: (a) The appointment of a firm or partnership of advocates may be accepted by any partner on behalf of the firm.
(b) No such firm or partnership 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 or partnership may contain the names of the persons who were or are members of the partnership but of no others.
(d) The words "and company" shall not be affixed to the name of any such partnership or firm.
(e) The names of all the members of the firm shall be recorded with the Registrar of 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 issued by the partners or the firm.
(f) the firm of advocates shall notify to the 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.
(g) 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 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.
(h) In every case where a partner of a firm of advocates signs any document of writing on behalf of the firm he shall do so in the name of the partnership and shall authenticate the same by affixing his own signature as partners.
(i) Neither the firm of advocates nor any partner thereof shall advise a party or appear, act or plead on behalf of a party in any matter or proceedings where the opposite party is represented by any other partner of the firm or by the firm itself.
// By Order //
HIGH COURT, MADRAS : S.VIMALA DATED : 24.03.2010 : REGISTRAR GENERAL