Changing of lawyer without noc
KANNAN J
(Querist) 16 February 2014
This query is : Resolved
DEAR SIR
I AM KANNAN J I AM HAVING A CRIMINAL CASE WITH CBI; I ENGAGED A LAWYER NOW THAT PERSON IS NOT GIVING CLEAR PICTURE ABOUT THE CASE AND HE IS NOT ATTENDING THE CASE PROPERLY; HE IS NOT GIVING NOC ALSO, THE JUDGE IS TELLING WITHOUT NOC I CAN'T ALLOW ANOTHER LAWYER TO CONTINUE THE CASE; I HAD ALREADY FILED A COMPLIANT IN A BAR COUNCIL;
PLEASE HELP ME TO COME OUT OF THIS PROBLEM SINCE ALL THE DOORS WHERE CLOSED I DON'T KNOW WHAT TO DO PLEASE ADVISE ME HOW TO COME OUT OF THIS PROBLEM
J KANNAN
ajay sethi
(Expert) 16 February 2014
you can issue notice to advocate that you do not want to engage his services any more as he has continously remained absent before the court on various dates . send notice by registered post Ad . based on said acknowledgement of receipt of service you can apply to court to permit you to engage another advocate . even without NOC court can permit you to engage another advocate
V R SHROFF
(Expert) 16 February 2014
FOR CRIMINAL CASE , IF U R ACCUSED,YOU DO NOT NEED NOC TO CHANGE ADVOCATE.
Judge cannot tell u must get NOC.
If so, Apply in writing , with VP of Advocate of your choice, Let the Judge Reject your Application, and you appeal on that Order. You will succeed.
You can demand Provision of Law under which, you can be restrained to appoint another Advocate w/o NOC , in criminal proceedings.
There is no such provision, and accused can change Advocates as and when he like for proper DEFENCE, Otherwise you can be punished... Right of Defence.. It is not civil matter.
Devajyoti Barman
(Expert) 16 February 2014
Yes. you can change lawyer. Follow the advice above.
Advocate. Arunagiri
(Expert) 16 February 2014
Try the following procedure:-
1. Give a memo to the court that you are withdrawing the vakalat and wants to appear as party in person. The court has to allow it.
2. In the next hearing present a new vakalat by engaging a new counsel. The court has to accept it.
Guest
(Expert) 16 February 2014
Any Advocate will not let down his client with out reason.What is your misunderstanding with your Counsel
Rajendra K Goyal
(Expert) 17 February 2014
Agree with the advise of expert VR Shroff ji. You can proceed as advised.
T. Kalaiselvan, Advocate
(Expert) 17 February 2014
Mr. Shroff's opinion and advise appears to be very perfect, you may follow his advise.
