A representation has been submitted to the Bar Council of India (BCI) urging it to amend the standard Vakalatnama format by incorporating an express client consent clause authorising advocates and law firms to process personal data through digital platforms and Artificial Intelligence (AI) tools in compliance with the Digital Personal Data Protection Act, 2023 (DPDP Act).
The representation contends that while advocates increasingly rely on cloud storage, e-filing systems, case management software and AI-assisted legal research and drafting tools, the existing Vakalatnama contains no express authorisation permitting the use, storage, processing or transfer of a client’s personal data through such digital means. It argues that this creates a legal vacuum exposing both clients and advocates to potential disputes under the DPDP Act.
According to the representation submitted by Adv Nitesh Meha, the absence of an express consent clause leaves advocates vulnerable to allegations of breach of confidentiality, unauthorised disclosure and non-compliance with data protection obligations, despite the profession’s increasing dependence on digital technologies. It asserts that incorporating a standard consent clause in the Vakalatnama would provide a documented legal basis for processing client data while ensuring informed consent from clients.
The representation relies on the Advocates Act, 1961, the Bar Council of India Rules, the Digital Personal Data Protection Act, 2023, and the Supreme Court’s proposed Draft Regulations for Use of Artificial Intelligence (AI) in Courts, 2026, arguing that while the draft regulations require disclosure of AI-generated material before courts, they do not address an advocate’s authority to use AI tools while handling client data. It submits that such authority should flow from an express clause in the Vakalatnama itself.
The proposed amendment includes a model consent clause authorising advocates to collect, process, store, use and transfer clients’ personal data through secure digital platforms, including AI-assisted legal tools, solely for purposes connected with legal representation and in accordance with the DPDP Act. It also proposes safeguards relating to notice, withdrawal of consent and processing of data relating to minors and persons under legal disability.
The representation further requests the BCI to issue appropriate guidelines or a model clause for adoption by State Bar Councils and High Courts while prescribing Vakalatnama formats, contending that such a reform would strengthen client privacy, reduce legal uncertainty for advocates and modernise the legal profession’s foundational document in line with increasing digitisation