Delhi High Court Decries Non-Advocates Appearing In Consumer Cases

Pranav Shukla

The Delhi High Court on December 23, 2024, has strongly criticized the practice of non-lawyers and agents representing litigants in Consumer Courts based on authorization letters.

The Court was considering a petition filed by several practicing lawyers registered with the Bar Council of Delhi, highlighting a “systemic issue” regarding the representation of parties in Consumer Courts by non-lawyers, agents, representatives, or social organizations.

Justice Sanjeev Narula stated that “this practice weakens the legal and ethical obligations integral to an advocate’s role and compromises the significance of a “vakalatnama.” He emphasized that it raises serious issues regarding professional privilege and confidentiality, as such individuals are not governed by the provisions of the Advocates Act, 1961”.

The Court stated that “this practice fundamentally contradicts the Advocates Act, 1961, which reserves these functions solely for registered advocates. It not only weakens the legal and ethical duties that characterize an advocate’s role but also diminishes the importance of a Vakalatnama”.

The High Court further stated that the practice of allowing non-lawyers or agents to appear based on authorization letters issued by lawyers “should be stopped immediately.”

The High Court issued notices to the Lieutenant Governor, the Delhi Government, the Bar Council of India, and the Bar Council of Delhi, seeking their responses to the plea. It also instructed the State Consumer Commission and District Consumer Forums to provide information about pending cases where non-lawyers were representing parties. The Court has scheduled the next hearing for March 18, 2025.