The Delhi High Court has raised concerns over advocates appearing as proxy counsel without adequate preparation. The Court urged young lawyers to study case records carefully before entering appearance.
A Division Bench of Justice Anil Kshetarpal and Justice Amit Mahajan made these observations while hearing a matrimonial appeal filed by a wife against her husband.
Appeal Pending for Two Years Without Service
During the hearing, the Bench examined the office report. It noted that the counsel for the wife had not taken steps to complete service of notice in the appeal. As a result, the matter remained pending for nearly two years without effective service.
When the Court questioned the delay, the advocate appearing for the wife stated that he was only a proxy counsel. He informed the Bench that he was not familiar with the facts of the case. He also admitted that he did not know what procedural steps were required to complete service in the appeal.
Court Refers to Advocates Act, 1961
The Bench expressed dissatisfaction with this explanation. Referring to the framework of the Advocates Act, 1961, the Court observed that a proxy counsel who lacks knowledge of the case cannot meaningfully assist the Court.
The Bench clarified that any counsel who enters appearance must, at the very least, understand the prima facie case and the stage of the proceedings.
The Court observed:
“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. 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.”
Advice to Younger Members of the Bar
The Bench also addressed the broader professional responsibility of young lawyers. It stressed that preparation and seriousness are essential for the future of the legal profession.
The Court added:
“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.”
Direction to Counsel
Finally, the Bench requested the counsel appearing for the wife to study the case file and relevant legal provisions thoroughly. The Court emphasised that effective assistance requires familiarity with both facts and law.
