Delhi High Court says young lawyers appearing as proxy counsel should come prepared

The Delhi High Court recently pulled up an advocate for appearing as a proxy counsel without preparing for the hearing. 

The Court was hearing a matrimonial case in which a proxy counsel appeared for the wife. The lawyer stated to the Court that he is not aware of the facts of the case.  

The Bench of Justices Anil Kshetarpal and Amit Mahajan took exception to the admission, stating,

“This Court is constrained to observe that, in accordance with the framework of the Advocates Act, 1961, a Proxy Counsel, who is unaware of facts of the case cannot meaningfully assist the Court,” the Court stated.

The Court remarked that a counsel is expected to know at least the facts of the case and the stage at which the case proceedings stand.

“A counsel who enters appearance is expected to be aware, at the very least, of the prima facie case and the stage of the proceedings. It is for the future of this profession, that this Court earnestly hopes that younger members of the Bar will bestow due attention to reading the files before entering appearance, approaching their briefs with the seriousness and preparation that the office demands,” the Court stated.

The Bench also noted that the proxy counsel was also not aware if the service of the petition to the opposite party has been completed. When the Court asked, the counsel was found to be unaware of the steps to be taken to complete service.

For the next hearing, the Court has directed the proxy counsel to prepare for the case.

[Read order]