Change of advocate

Querist : Anonymous (Querist) 30 December 2011 This query is : Resolved
I have advocate who fights our cases now i want to change in place of him and keep another one..what is the process for the same.

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s.subramanian (Expert) 30 December 2011
You have to obtain no objection endorsement from the present advocate and engage a new one

Devajyoti Barman (Expert) 30 December 2011
Yes obatain NOC from him after clearing his fees not cleared in the meantime and engage anyone you like.

Rajeev Kumar (Expert) 30 December 2011
Yes i agree with both experts view

Deepak Nair (Expert) 30 December 2011
Yes. Agree with experts. File appearance/vakalatnama of the new advocate after obtaining No Objection from the existing advocate.

prabhakar singh (Expert) 30 December 2011
Agree with experts.

Sailesh Kumar Shah (Expert) 30 December 2011
AS per BCI Rules:-
An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court.

So, Get noc or move to court as stated as above.

V R SHROFF (Expert) 30 December 2011
However, for criminal cases, accused need not seek NOC

Advocate. Arunagiri (Expert) 30 December 2011
No NOC is mandatory, but, it is advisable to have it for a better relationship with the advocates.

Deepak Nair (Expert) 31 December 2011
Yes NOC is mandatory.

Shonee Kapoor (Expert) 31 December 2011
Nothing more to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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