Changing a lawyer/advocate
shripal
(Querist) 25 October 2008
This query is : Resolved
I am a layman when it comes to law. I have a vast property in my building which i have leased to a bank. lease expired but bank is not renewing the lease. we hired a lawyer but he is not showing keen interest in the case and is not providing proper answers and does not have the time to meet us. for the past 5 months he has been taking date after date after date from the court, giving flimsy excuses.
i want to know the rules to change the lawyer. do we require an NOC from the current lawyer? can i just pay his fees, fire him mid-case and hire a new lawyer?
Rajesh Kumar
(Expert) 25 October 2008
You can change any lawyer any time without assigning any reason. It is your prerogative to decide as who will represent you before any court or authority.
The best course is to take a NoC from the curent lawyer. If he refuses, hire another advocate and file his wakalatnama in the court, normally NoC is not insisted upon. If it is insisted, file an application before the court to exempt you as the earlier advocate has refused to give NoC.
ARVIND JAIN
(Expert) 25 October 2008
you can change ur lawyer. if noc refused file an application in the court to discharge the vakalatnama of the lawyer.
kumar sachin
(Expert) 26 October 2008
yes u can anytime change ur lawyer n most of the occasions the court dont ask for an noC.
K.C.Suresh
(Expert) 26 October 2008
Kerala Criminal Rules of Practice Civil Rules of practice and High court Rules of Practice deals about NOC. It is a necessary one. But if not obtained another advocate can engage with permission of the court.
If an Advocate is not giving the NOC without valid reasons that amounts to professional misconduct.
ARVIND JAIN
(Expert) 26 October 2008
I AGREE WITH K.C.SURESH JI.
sanjay kumar patibandla
(Expert) 28 October 2008
Generally courts are asking NOC. But you can change an advocate by filing your affidavit before the court by explaining circumstances.
