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Context: 

The Supreme Court ruled that Advocates-on-Record (AoRs) are responsible for the accuracy of petitions filed before the Court, even if they are prepared by other advocates.

About Advocates-on-Record (AoRs)

Origin and Mandate:

• Introduced under Article 145(1) of the Constitution, AoRs are a specialized category of advocates authorized to represent clients in the Supreme Court.
• Their role is governed by Order IV of the Supreme Court Rules, 2013, which grants them exclusive rights to file and conduct cases in the Court.

Requirements to Become an AoR:

• Enrolled with any State Bar Council.
• Minimum 4 years of legal practice.
• Completed a 1-year training under a senior AoR.
• Passed the Supreme Court AoR examination.
• Maintains an office within 10 miles of the Supreme Court in Delhi and employs a registered clerk.

Key Responsibilities:

• File Vakalatnama: The AoR is the only advocate authorized to submit a Vakalatnama (power of attorney) on behalf of a client.
• Draft and Verify Legal Documents: Ensures petitions, affidavits, and applications are accurate and comply with Supreme Court rules.
• Personal Liability: Accountable for court fees and any misconduct, with penalties including removal from the AoR register under Rule 10 of Order IV.
• Direct Client Interaction: Must clarify doubts with clients or instructing advocates to avoid suppression of facts.

Recent Supreme Court Judgment

The Court held that AoRs cannot shift blame for inaccuracies in petitions to clients or other advocates. They must verify all facts and documents before filing.

Guidelines Issued:

• AoRs must review case papers and drafts to ensure factual accuracy.
• If doubts arise, they must seek clarifications from clients or local advocates.
• Failure to exercise due diligence may lead to disciplinary action, including permanent removal from the AoR register.

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Source: 

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