Introduction
What is Memo of Appearance?
A Memo or Memorandum of Appearance is a formal legal document filed in court by an attorney to officially notify the judge and opposing parties that they are representing a specific client in a case. It ensures the court record reflects proper legal representation, officially taking responsibility for handling hearings and filing documents.
When to use a Memo of Appearance?
It is typically used when a lawyer needs to record their presence and prevent a default judgment against their client, often in situations where a formal, signed client authorization (such as a Vakalatnama) is not yet ready to be filed.
How to Effectively Use the Memo of Appearance?
Under Order III: Rule 4 of the Civil Procedure Code (CPC), it is most effectively used by an advocate during an initial hearing or when newly instructed, allowing them to formally mark their presence before the judge and prevent an adverse ex-parte (one-sided) order or default dismissal against their client. However, the legal community must remember that according to local precedent (such as 2021 CLC 684), a memo is merely an official "intimation" to the court and does not constitute a permanent power of attorney. To use it effectively, the appearing lawyer must explicitly state in the text that a formal Vakalatnama (signed client authorization) will be produced at the very next date of hearing.
What to Attach with a Memo of Appearance?
Because a Memo of Appearance is fundamentally a standalone, transitional document filed in urgent situations, it does not require extensive attachments or a signed Vakalatnama. Instead, an advocate should primarily attach their valid Bar Council License copy or mention their high court enrollment details to confirm their standing. If the lawyer is appearing on behalf of an institutional client, a bank, or a government office, a copy of the official authorization letter, nomination order, or department directive should be attached to prove they were instructed to attend. For the public's awareness, always ensure the memo includes a properly formatted cause title matching the main court file, along with the advocate's official stamp and signature.
Notes
Order III: Rule 4
Appointment of pleader.
(1) No pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power-of-attorney to make such appointment.
(2) Every such appointment shall be filed in Court and shall be deemed to be in force until determined with the leave of the Court by a writing signed by the client or the pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client.
(3) For the purposes of sub-rule (2) an application for review of judgment, an application under section 144 or section 152 of this Code, any appeal from any decree or order in the suit and any application or act for the purpose of obtaining copies of documents or return of documents produced or filed in the suit or of obtaining refund of monies paid into the Court in connection with the suit shall be deemed to be proceedings in the suit.
(4) The High Court may, by general order, direct that, where the person by whom a pleader is appointed is unable to write his name, his mark upon the document appointing the pleader shall be attested by such person and in such manner as may be specified by the order.
(5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any party, unless he has filed in Court a memorandum of appearance signed by himself and stating —
(a) the names of the parties to the suit,
(b) the name of the party for whom he appears, and
(c) the name of the person by whom he is authorized to appear:
Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any party by any other pleader who has been duly appointed to act in Court on behalf of such party.
2021 CLC 684
In 2021 CLC 684, the Court held that a Memo of Appearance is a temporary "intimation" of presence and does not constitute a valid, statutory power of attorney under Order III, Rules 1 & 4 of the Civil Procedure Code to represent a litigant. The judgment establishes that such a memo serves as a conditional, short-term measure, requiring a formally executed Vakalatnama to be filed to legally act or plead in ongoing proceedings.
2026 CJ Review 1
Under Order III, Rule 4 and Section 22 of the Legal Practitioners and Bar Councils Act (XXXV of 1973), a Wakalatnama authorizes an advocate to represent a client in court but does not inherently grant the power to settle or compromise a case. Such authority requires express consent from the client or a specific clause in the Wakalatnama, as the power to compound disputes remains with the parties themselves.
2024 CLS 10
Under Order III, Rules 1 and 2 of the CPC, recognized agents are authorized to appear, file applications, and perform procedural acts on behalf of parties, but they are strictly prohibited from pleading, which is the exclusive domain of enrolled advocates. Consequently, recognized agents have no right of audience, address, or examination of witnesses, as these actions are inseparable from the right to plead under Rule 4.