Delhi High Court decries non-advocates appearing in consumer cases

Delhi High Court condemns non-advocates representing litigants in consumer courts, emphasizing the importance of legal and ethical responsibilities.

The Delhi High Court has taken strong exception to the practice of non-advocates and agents appearing for litigants before consumer courts on the basis of authorisation letters.

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Justice Sanjeev Narula said such a practice not only diluted the legal and ethical responsibilities that defined the role of an advocate but also undermined the concept of a "vakalatnama", raising serious concerns about professional privilege and confidentiality, as such persons were not bound by the Advocates Act, 1961.

"This is fundamentally inconsistent with the Advocates Act, 1961, which exclusively vests these functions in enrolled advocates. Such a practice not only dilutes the legal and ethical responsibilities that define the role of an advocate but also undermines the concept of a Vakalatnama," said the court, referring to one such authorisation letter.

The High Court said in the given case the advocate had effectively delegated core professional responsibilities, such as signing documents, receiving communications, and arguing cases before the commission, to a non-advocate.

The Judge in an order passed on December 23 directed all Consumer Courts in Delhi to ensure the parties were represented by advocates or by the agents/representatives/non-advocates strictly in terms of the regulations.

The High Court further said the practice permitting non-advocates or agents to appear on the basis of authorisation letters issued by lawyers "must not be allowed with immediate effect".