The Delhi High Court rebuked a proxy counsel for attending a matrimonial hearing without knowing the case facts. Stressing professionalism, the Court said, “A counsel appearing as proxy must always be prepared and know the entire case status.”
The Delhi High Court reprimanded an advocate for appearing as a proxy counsel without adequate preparation for the hearing.
The Court was reviewing a matrimonial case when the proxy counsel, representing the wife, admitted that he was unfamiliar with the details of the case.
Justices Anil Kshetarpal and Amit Mahajan expressed their concern, 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 justices emphasized that a counsel should have at least a fundamental understanding of the case facts and the current stage of the proceedings.
The Court stated,
“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 Bench further noted that the proxy counsel was unaware of whether the petition had been served to the opposing party. When questioned, the counsel failed to explain the necessary steps to complete the service.
For the forthcoming hearing, the Court has instructed the proxy counsel to adequately prepare for the case.
Case Title: X v. Y
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