Advocate-on-Record (AOR) – Complete
Guide (Order IV, Rules 4–23, Supreme Court
Rules, 2016)
1. Definition & Status
An Advocate-on-Record (AOR) is a special class of advocate authorised by the
Supreme Court Rules to act and plead for a party in the Supreme Court.
No advocate other than an AOR is entitled to act for a party (Rule 5).
AOR is both the filing counsel and the official channel of communication between
litigants and the Court.
2. Eligibility for Registration as AOR (Rule 5)
To qualify as an AOR, an advocate must:
1. Enrolment: Be enrolled on the roll of a State Bar Council for at least 4 years before
starting training.
2. Training: Undergo 1 year training with an AOR approved by the Court.
3. Examination: Pass the AOR Examination conducted by the Court.
o Subjects: Practice & Procedure of SC, Drafting, Professional Ethics, and Leading
Cases.
4. Office Requirement: Maintain an office in Delhi within 16 km radius of the Supreme
Court.
5. Clerk Requirement: Employ, within 1 month of registration, a registered clerk.
6. Fee: Pay a registration fee of ₹250.
3. Registration & Roll of AORs (Rule 6)
Registrar maintains a Register of AORs.
Only advocates whose names appear on this Register are entitled to act as AORs.
4. Role, Powers & Entitlements of AOR (Rule 7)
On filing a Memorandum of Appearance + Vakalatnama, an AOR is entitled:
1. To Act & Plead – represent the party in all proceedings connected to the case, including
applications, taxation, review.
2. Financial Authority – deposit and receive money on behalf of the party.
3. Certification of Vakalatnama – if executed in his presence, he certifies; if before
another advocate/Notary, he endorses due execution.
4. Signing of Pleadings – all pleadings, petitions, applications must be signed by an AOR.
5. Record Responsibility – he remains responsible for case papers and compliance with
Court procedure.
5. Financial & Record Duties (Rule 7(d)–(e))
Must keep books of account separating:
(i) Client’s money received/paid.
(ii) His own money received/paid.
Before taxation of bill of costs, must file a Certificate showing fee paid/ agreed with
client.
6. Restrictions & Prohibitions
1. Exclusive Filing Right: No non-AOR can file a vakalatnama in SC (Rule 5).
2. Name Lending Prohibited: An AOR cannot lend his name without participation (Rule
7(c)).
3. Withdrawal: Cannot withdraw from case without Court’s permission merely for non-
payment of fees (Rule 17).
4. Parties can’t bypass AOR: Party cannot appear in person once AOR is engaged without
special leave of Court (Rule 19).
5. No Sub-delegation: AOR cannot authorise any non-AOR to act for him (Rule 20).
7. Liabilities & Professional Accountability
Personal Liability (Rule 21): AOR personally responsible to Court for all fees and
charges payable.
Negligence / Absence (Rule 7(c)): Absence from hearing without cause or mere “name
lending” is misconduct.
8. Misconduct & Removal (Rules 8–10)
Office/Clerk Default: If AOR ceases to have office within 16 km or a registered clerk →
Registrar issues notice → name may be struck off.
Bar Suspension: If AOR is suspended by State Bar Council/BCI, automatically
suspended as AOR for same period (unless Court orders otherwise).
Court Removal: If guilty of misconduct, Court may remove name from Register
permanently/temporarily after show-cause and hearing.
Examples of Misconduct (Rule 7(c)):
Mere name lending.
Absence without justification when case is called.
Failure to submit appearance slip duly signed.
9. Registered Clerks of AOR (Rule 13)
Must be registered with Registrar; Registrar issues ID card.
Bar Association notified before registration (can object).
Grounds for refusal/removal: being a tout, criminal record, other misconduct.
If clerk dismissed, AOR must inform Registrar within 1 week.
10. Change of AOR & Consequences (Rules 15–18)
Rule 15: Once a party is represented by an AOR, another AOR cannot act without
consent of first AOR or leave of Court.
Rule 16: On change of AOR, new AOR must notify all parties.
Rule 17: AOR cannot withdraw solely due to non-payment of fees without Court’s leave.
Rule 18: If an AOR is designated as Senior Advocate, or becomes Judge, he must
forthwith inform client and arrange substitute AOR; he cannot appear as Senior in those
cases until arrangements are complete.
11. Service & Communication (Rule 12)
AOR must register his email & office address with Registrar.
Service of documents at that address or on his registered clerk = valid service on party.
12. Partnerships (Rules 22–23)
AORs may form partnerships → must be registered with Registrar.
Partnership rules must not conflict with SC Rules.
📌 Summary for Exams
Eligibility: 4 yrs Bar + 1 yr training + exam + Delhi office (16 km) + clerk + fee.
Role: Only AOR can act, plead, file vakalatnama, certify pleadings, receive service,
handle money.
Duties: Books of accounts, fee certificate, proper conduct in court.
Restrictions: No name-lending, no withdrawal without leave, no sub-delegation.
Accountability: Personally liable for fees, subject to removal for misconduct.
Clerks: Must be registered, accountable, can be refused/removed.
Change: Needs consent/leave; Senior designation requires informing client.
