HOW TO CHANGE LAWYER

when to change the lawer no prior permission is required after ex parte decree was passed .ex parte decree is not a speaking order the same not afffects the either parties actual rights .my suggetion not to think seriously and immidiately approach another quqlified advocate and to file an application to set a side the expatrte decree along with an appolication to condone the delay if your absence the ex parte decree wa passed or your suit is dismissed for default such a siuation the restoration is required that situation also you have every right to change the advocate and filed an aalication to restore the suit along with an application to condone the delay in moving an application for restoration. 

It is very simple take a  VAKALATANAMA,  get on first page NOC Signature  from old one give to NEW Advocate . Thats all.

Dear Justice Seeker,

In addition to what has been stated by other fellow collegues I would like to suggest that you take Mrs.Hitler to task by initiating action for deficiency of service along with complaint to Bar Council.

Best Regards

Daksh

Daksh is it comes under professional misconduct? 

If your counsel had reported "no instructions", or if your have been set exparte, you don"t require the consent of the said lawyer to engage another counsel.

In case he continues appearance, and you want to change him, then you have to get the NOC from him of the vakalathnama for the new lawyer.

In case the earlier lawyer refuses to give Consent or NOC, then you can engage another lawyer and file a document in writing (by the client) under Rule 4(2) of Order III of the Code of Civil Procedure for leave of court to terminate the appointment of earlier lawyer.

In case of suits, you have to proceed under Order IX Rule 9 or Order IX Ruloe 13 or Order IX Rule 12 as the case may be depending upon whether you are the plaintiff or defendant or in case you failed to appear in person in spite of specific order from court.

SUBRAMANIAN. C.R

1. One can change a lawyer.. by taking NOC from the previous awyer...subject to payment of his dues and othe professional charges due to you. But one cant withold NOC only payment due.. The previous advocate can give Noc irrespective of payment..for which your previous advocate can file RECOVERY SUIT against you for his dues in any and you have to face the tune. 2. One can also change his advocate without NOC from that advocate..one has just to file an application before the hon'ble court to change the advocate and permission to appoint new advocate...here also the pervious advocate has option to file suit against your for RECOVERY of this profession fees due on you...

CHANGEING ADVOCATE IS NOT A DIFFICULT TASK

IF U GO TO ANOTHER ADVOCATE HE LL SUGGEST U EVERY THING

TO SETASIDE THE EXPATE ORDER AGANIST U IS TO FILE A SET ASIDE EXPATE ORDER/EXPATE DECREE

IN CASE OF EXPARTE DECREE THERE IS AN LIMITATION OF 30 DAYS WITH IN THAT PRESCRIBED PERIOD U HAVE TO FILE AN APPLICATION TO SET ASIDE THE DECREE(EXPARTE)

IF U EXCEED THE  PERIOD U HAVE TO FILE SEC 5 OF LIMITATION ACT APPLICATION TO CONDONE

THE DELAY

dear mr SKJ ...i am fully aware that i can complain to the BAR COUNCIL so pls so not

discourage others from answering to my queries...i am THANKFUL TO  OTHER LAWYERS EXPERTS

who have answered my queries...as far as the DILOYAL LAWYER IS CONCERNED this is not a first case,,....it is also WELL KNOWN that these things often happen...

and anyway,.. the DISLOYAL LAWYER WILL ALWAYS GET CHANCE TO PROVE HIS HONESTY...and im

sure ...200 % that he will also get away ...

MR SKJ....I SALUTE THIS FORUM ...for teh great job it is doing SO PLS DONOT HAMPER experts/people from excahnging views...in fact i smell something fishy in yr motives

dear Mr SKJ ....i am posting various queries under various topics...which is what this forum is meant for....

seconldy ...IT IS COMMON SENSE THAT IF anybody is NOT ABLE TO PROVE allegations OBVIOUSLY he/she will  BE HELD RESPONSIBLE......i do not need such advice, thanks.

EXCEPT FOR WOMEN WHO ARE FILIING FALSE 498A AND FALSE DOM VIO CASES THEY ARE NOT PUNISHED!!!!......THERE IS NO PROVISION IN LAW TO PUNISH WOMEN IF PROVEN WRONG!!

YOU ARE INSISTING I TAKE THE NAME OF THE ADVOCATE...i can ...but will you penalise him ???

 

THANKS

 

 

You are absolutely right mr. A VICTIM OF MRS HITLER JUSTICE SEEKER , I had a same case, where I wanted some advice from this forum, I got some good and some unexpected advices also, but still I have changed my advocate, without any NOC from the previous lawyer and I have also made a complaint to the All India Bar Council providing some evidence against to the previous lawyer.

I can suggest you one thing that you search a good and educated lawyer and then you change your previous lawyer.  

 

Dear mr Dash pls do tell what happened to your complaint ......at this forum which is doing a good job

I am going that particular state Bar Council 30th of this month, then i'll be in a position to update u the matter,