Power of Attorney for a Court Case in Pakistan: Vakalatnama Explained

Clients sign a vakalatnama at the start of almost every case, usually without reading it, and then ask months later what authority their lawyer actually has. The distinctions matter - particularly the difference between authorising someone to conduct your case and authorising them to compromise it.

What a vakalatnama is

Overseas litigants frequently need both - a special power of attorney authorising someone in Pakistan to act on their behalf, and a vakalatnama by which that authority is used to engage an advocate for the case. See POA documents from abroad.

What it contains

• Your particulars as the client, with CNIC.
• The advocate's particulars and enrolment.
• The case - court, parties, case number where allotted.
• The authority granted - to appear, plead, act and take steps in the proceedings.
• Any authority to engage further counsel.
• Signature of the client and acceptance by the advocate.
• Date.

Read the authority clause before signing. Standard forms vary, and some are drawn considerably more widely than the client assumes - particularly on compromise.

Authority to compromise

This is the provision that matters most and receives the least attention.

1. Read what the form says about compromise, withdrawal and settlement.
2. Decide whether you want that authority given at all.
3. Limit it - excluded entirely, capped, or subject to your written confirmation.
4. Record the limitation in writing, on the document or in the engagement letter.
5. Discuss it explicitly with your lawyer at the outset.
6. Confirm any settlement in writing before it is put to the court.

A broad compromise authority means your case can be settled on terms you have not personally approved. Most lawyers would not do so without instructions, but the protection should be on the document rather than resting on good practice - particularly for overseas clients who cannot be reached quickly on a hearing date.

Signing and filing

• Sign it yourself where you are in Pakistan.
• Where you are abroad, it may be executed through an attorney holding a valid special power, or attested as required.
• The advocate accepts and files it in the court.
• A copy should be given to you - ask for it.
• Keep it with your case file.
• A fresh vakalatnama is generally needed for appeals or separate proceedings.

The last point catches clients out at appeal stage. Authority given for the trial does not automatically extend to a separate appellate proceeding - see working with a lawyer from abroad.

Changing your lawyer

1. Tell the current advocate in writing, professionally.
2. Settle outstanding fees for work done.
3. Obtain a no-objection where required by practice.
4. Collect your file and documents against a receipt.
5. Execute a fresh vakalatnama for the new advocate.
6. Ensure the change is placed on the court record.
7. Brief the new advocate fully, including anything unfavourable.

Do not simply stop attending on one lawyer and instruct another without dealing with the change formally. An unresolved position on the record causes confusion at hearings and can prejudice your case - and the outgoing advocate is entitled to be dealt with properly on fees and the file.

Limits and misuse

A vakalatnama is narrow by nature, and that is a protection worth understanding.

• It does not authorise dealing with your property outside the proceedings.
• It does not authorise banking or general financial acts.
• It is confined to the named case.
• It ends with the proceedings, or on revocation.
• It cannot be used to sell or transfer your property.

If you are asked to sign a general power of attorney when what is needed is representation in a case, question it. A lawyer needs a vakalatnama for the case and, at most, a narrowly drawn special power for specific acts you cannot perform yourself - see red flags when hiring a lawyer and power of attorney fraud.

The vakalatnama is not the fee agreement

Clients frequently treat signing the vakalatnama as concluding the engagement. It authorises representation; it does not usually record what you are paying or what is included.

1. Agree the fee separately, in writing, before or alongside the vakalatnama.
2. Establish what is included - which stages, how many appearances.
3. Separate court fees and expenses from professional fees.
4. Agree a payment schedule tied to milestones rather than paying everything upfront.
5. Establish who will appear - the advocate you instructed, or a junior.
6. Agree what happens on an appeal or if the matter extends.
7. Get receipts for every payment.

Both documents matter and they do different jobs. The vakalatnama governs your lawyer's authority before the court; the engagement letter governs the commercial relationship between you.

Signing a vakalatnama without a written fee arrangement is the origin of most fee disputes in Pakistani litigation. Deal with both at the same sitting - see fixed fee vs hourly billing and lawyer fees by case type.

If you are abroad

1. Execute a special power of attorney covering the litigation.
2. Have it attested through the consular and MOFA chain.
3. Limit it to the case, with an expiry date.
4. Define settlement authority explicitly - excluded or capped.
5. The attorney engages the advocate and signs the vakalatnama where permitted.
6. Ask for copies of both documents.
7. Revoke when the case concludes.

See MOFA attestation and revoking a power of attorney. Verify with your lawyer what the particular court requires, since practice varies.

Frequently asked questions