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DebUPindia (Practice)     12 October 2009

How do a party change lawyer in court

Greetings

How to initiate changing a lawyer who is unable to spend time in the case, remains absent on the hearing days and judge impose penalty. Wakalatnama has been signed, what is the financial obligation and how to settle it and take the case file (hardcopy)

 



Learning

 9 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     12 October 2009

you request your lawyer to give NOC ON FRESH VAKALAT and handover to another lawyer, BEFORE THIS  financial things, if satisfies he can sign on NOC.

Adinath@Avinash Patil (advocate)     14 October 2009

YOU REQUEST YOUR LAWYER FOR NOC ON FRESH VAKALTNAMA BY GIVING HIS REMAING FEES, AND HAND OVER TO ANOTHER LAWYER.

Jamshed Bey (Lawyer & Legal Consultant +91 9810136627)     15 October 2009

in case your existing lawyer refuses to hndover the file of your case back to you. You can still change the lawyer by filing an application before the court (in your present case itself) for discharge of the said lawyer.

WHATSAPP 91-8075113965 (advocate)     15 October 2009

sirs,                        we were discussing about changing of vakalatnama.

                                what about " memo of appearance "!

                                in a criminal case, when the accused is in judicial custody, we can only file memo of appearance of the counsel himself stating that his/ her relative has entrusted the case to the concerned counsel to take bail...etc.here the accused has no real voice. in such cases, my doubt is that whether relatives has to obtain the consent of the counsel, before approaching a new lawyer ?

secondly,  in such cases, it  often happens that two different lawyers appears for the same accused, out of sheer mis-understanding ! one lawyer is appointed by his parents, other by his friends . in such cases, what is the procedure ?

previously kerala high court has made it compulsory to file an affidavit of the person who has entrusted the case to the lawyer, through a high court judgment, now it has been taken away, by another  kerala high court judgment.

why  getting signatures of under trial prisoners  in vakalathnama  not allowed ?

or wether we  can file vakalathnama for under trial prisoners also. as per CRIMINAL RULES OF PRACTICE ?

SALIL KUMAR.P

ADVOCATE

THALASSERY-67010

+91-9447536929

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     18 October 2009

 I AGREE WITH ALL EXPERTS

poorvi (lawyer)     21 October 2009

take a noc from your ex-lawyer and file a frsh vakalatnama in the court

if the ex-lawyer is not signing the vakalatnama for noc then do take permission from the court and file a fresh vakaltnama

Rashi (vv)     21 October 2009

If after removing present lawyer one wants to plead own case , is discharge of lawyer before court necessary and does one require then permission of court of court to plead case by himself ?

K. Rajendra Prakash (Advocate)     07 November 2009

Request your lawyer to give NOC on a fresh Vakalatnama.

sunil pagare (lawyer)     26 November 2009

I am agree with Adinath Patil sir & Poorvi madam.


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