NOTIFICATION NO. 68/2010
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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 filling 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
