Essential Clauses to Include in a Wakalat Nama
A Wakalat Nama serves as a roadmap for your legal representative, outlining their authority and responsibilities. To ensure clarity and avoid misunderstandings, including specific clauses is crucial. Here are some essential elements you should have in your Wakalat Nama:
1. Parties Involved:
Clearly state your name and contact information (the principal).Include your lawyer's name, bar council registration number, and contact details (the agent).
If applicable, mention witnesses' names and addresses.
2. Purpose and Scope:
Define the specific legal matter(s) the Wakalat Nama authorizes your representative to handle.Be clear whether it's a general Wakalat Nama for various tasks or a special Wakalat Nama for a specific purpose (e.g., property sale).
3. Powers Granted:
Outline the specific powers you are granting your lawyer.This can include filing documents, representing you in court, negotiating settlements, receiving payments on your behalf, etc.
Be as specific as possible to avoid any ambiguity.
4. Limitations (Optional):
While a general Wakalat Nama offers broad authority, you can limit specific powers if needed.For example, you might restrict your lawyer's spending limit or exclude them from making certain decisions without your consent.
5. Term and Duration:
Specify the timeframe during which the Wakalat Nama is valid.This could be a fixed period (e.g., until the lawsuit is settled) or an open-ended duration until revoked.
6. Revocation Clause:
Include a clause outlining how you can revoke the Wakalat Nama, if necessary.This typically requires a written notice to your lawyer.
7. Indemnity Clause (Optional):
Consider including a clause stating that your lawyer is not liable for any unforeseen consequences arising from their actions taken within the scope of the Wakalat Nama, as long as they act in good faith and with due diligence.
8. Signatures and Witnesses:
The Wakalat Nama must be signed by you (the principal) and your lawyer (the agent) in the presence of witnesses who also sign the document.Additional Tips:
Always have your Wakalat Nama drafted by a lawyer to ensure it complies with legal requirements and accurately reflects your needs.Get a copy of the signed Wakalat Nama for your records.
Review the Wakalat Nama carefully before signing to ensure you understand the scope of authority granted.
By incorporating these essential clauses, you can create a clear and effective Wakalat Nama that protects your interests and empowers your legal representative to act efficiently on your behalf.