What is the role of an Advocate-on-Record in filing a caveat petition?
The Advocate-on-Record (AOR) plays an absolutely critical and mandatory role in filing caveat petitions in the Supreme Court of India. Understanding this role is essential for anyone seeking to file a caveat:
Exclusive Right to File:
Under the Supreme Court Rules, 2013, particularly Order IV, only Advocates-on-Record have the exclusive right to file documents, petitions, and applications before the Supreme Court. This means:
Mandatory Requirement:
A caveat petition cannot be filed directly by the party or by a regular advocate who is not an AOR.
No Self-Filing:
Unlike in some lower courts where parties can file documents in person, the Supreme Court requires AOR representation for all filings including caveats.
Gatekeeping Function:
AORs serve as qualified gatekeepers ensuring that all filings meet Supreme Court standards and procedural requirements.
Who Can Be an Advocate-on-Record:
An Advocate-on-Record is a specially qualified advocate who has:
Cleared AOR Examination:
Passed the rigorous Advocate-on-Record Examination conducted by the Supreme Court, demonstrating expertise in Supreme Court practice and procedure.
Registration with Supreme Court:
Been enrolled and registered as an AOR with the Supreme Court Registry.
Maintained Office:
Maintained a functioning office within the territorial jurisdiction of the Supreme Court (Delhi) for service of notices and court communications.
Continued Qualification:
Maintained their AOR status through compliance with continuing requirements and professional standards.
Key Responsibilities of AOR in Caveat Filing:
1. Legal Consultation and Advisory:
- Assessing whether filing a caveat is appropriate for the client’s situation
- Advising on the timing, strategy, and implications of filing a caveat
- Explaining the rights and obligations created by the caveat
- Guiding on the duration and need for re-filing
2. Drafting:
- Preparing the caveat petition in the prescribed format
- Ensuring all essential particulars are included
- Drafting the verification clause
- Preparing supporting affidavits and documents
3. Documentation:
- Obtaining and preparing the vakalatnama (power of attorney)
- Collecting necessary supporting documents
- Ensuring proper execution and notarization of documents
- Organizing documents in compliance with Supreme Court requirements
4. Filing Process:
- Submitting the caveat petition to the Supreme Court Registry
- Ensuring payment of proper court fees
- Obtaining filing acknowledgment and diary number
- Securing entry in the Caveat Register
5. Service on Opposite Party:
- Serving copies of the filed caveat on the expected opposite party
- Maintaining proof of service through registered post, courier, or personal service
- Ensuring compliance with service requirements under Order XV Rule 2
6. Registry Correspondence:
- Responding to any defect memos issued by the Registry
- Rectifying deficiencies within prescribed time limits
- Providing clarifications or additional documents if requested
- Ensuring the caveat is properly processed and accepted
7. Monitoring and Vigilance:
- Maintaining awareness of the Caveat Register status
- Monitoring Supreme Court cause lists for any related filings
- Coordinating with the client if proceedings are filed
- Tracking the 90-day validity period and advising on re-filing if necessary
8. Representation When Proceedings Are Filed:
- Receiving notice from the court when proceedings are instituted
- Obtaining copies of applications and documents from the opposite party
- Preparing response on behalf of the caveator
- Appearing before the court to present the caveator’s case
- Engaging senior advocates if needed for oral arguments
9. Record Maintenance:
- Maintaining complete file of all documents related to the caveat
- Keeping records of service, acknowledgments, and court orders
- Providing periodic updates to the client
- Ensuring availability of documents for future proceedings
Relationship Between Client and AOR:
The relationship between the caveator (client) and the AOR is based on:
Professional Engagement: Formalized through execution of a vakalatnama giving the AOR authority to act on behalf of the client.
Fiduciary Duty: The AOR owes fiduciary duties of loyalty, confidentiality, and diligent representation to the client.
Fee Arrangement: Professional fees are agreed upon, typically including filing charges, professional consultation fees, and charges for future representation if proceedings are filed.
Communication: Regular communication and coordination between client and AOR regarding developments, strategy, and decisions.
Difference Between AOR and Senior Advocate/Regular Advocate:
It’s important to understand the distinction:
- Advocate-on-Record (AOR):
- Has exclusive right to file documents
- Maintains files and records
- Receives court notices
- Appears for procedural matters
- Coordinates with senior advocates if needed
- Senior Advocate:
- Appears for oral arguments before the Bench
- Provides legal strategy and opinions
- Cannot file documents directly without an AOR
- Engaged by the AOR on behalf of the client for courtroom advocacy
- Regular Advocate:
- Can provide legal consultation and drafting assistance
- Cannot file documents in Supreme Court
- Can assist the AOR but cannot replace the AOR function
Costs Associated with AOR Services:
Engaging an AOR involves:
Filing Charges: Rs. 10,000 to Rs. 50,000 or more for filing the caveat, depending on the AOR’s experience and standing.
Professional Fees: Charges for consultation, drafting, and advisory services.
Appearance Fees: If proceedings are filed and the AOR needs to appear in court, additional appearance fees apply.
Senior Advocate Fees: If a senior advocate is engaged for arguments, their fees are separate and can be substantial.
Disbursements: Costs for court fees, service, photocopying, and other incidental expenses.
Selecting an AOR:
When selecting an AOR for filing a caveat, consider:
Experience: Look for AORs with experience in the relevant area of law (civil, commercial, constitutional, etc.).
Reputation: Consider the AOR’s standing, reliability, and track record.
Accessibility: Ensure the AOR is accessible and responsive to client needs.
Fee Structure: Understand and agree upon fees upfront to avoid misunderstandings.
Support Team: AORs with good support staff can provide better service and monitoring.
Specialization: Some AORs specialize in particular types of matters; choose one suited to your case.
Recommendations from afar:
For clients located outside Delhi or India:
Remote Engagement: AORs can be engaged remotely through email, phone, and video conferencing.
Document Exchange: Documents can be exchanged electronically for execution and submission.
Digital Signatures: Many processes now accommodate digital signatures and e-filing.
Local Liaison: The AOR can coordinate with the client’s local advocates for seamless representation.
Conclusion:
The Advocate-on-Record is not just a procedural requirement but a crucial professional partner in effectively filing and maintaining a caveat petition in the Supreme Court.
Their expertise, exclusive filing rights, and ongoing role in monitoring and representation make them indispensable for anyone seeking protection through a caveat. Engaging a competent and experienced AOR is one of the most important decisions in the caveat filing process.
