Changing the advocate
Vikram
(Querist) 11 February 2016
This query is : Resolved
Am Vikram. Have 4 civil cases running between me & my tenants in which my father is also Defendant No. 2 from March 15. We have made my father as Def 2 because the property came to my from a HUF partition between me, father, mother & brother in 2012. due to some circumstances i along with my wife came out of the house & separated from them since June 13. since then my father didnt allow my tenants to pay rent to me. Even after several reminders to tenants from me, they didnt pay the rent from June 13 to March 15. So took the legal action against them. In Dec 15 out of 4, 3 came to evidence. I had paid a fees of Rs. 40k as court fees & Rs. 1.30 lakh as fees to advocate. My advocate is demanding more & more fees like he wants Rs. 1 lakh again as his fees which is really a heavy burden on my part. Our tenants came for compromise & we had made a 11 months agreement between all 4 of us. If i tell this matter to my advocate, he will surely demand more fees & create a problem for me. If i want to change him without NOC whats the procedure for doing so? Please help me to come out of this problem with your valuable input.
rajagopal.s
(Expert) 11 February 2016
without NOC you cannot change your advocate.
however you can still discuss with your advocate and cite your inability to pay as you have paid him about 1.3lakhs.
You can also lodge a complaint with Bar council against your advocate if he is unreasonable. but trust me advocate's do not mind loosing their fees as long as the client's interest are taken care of.
uttamtibrewal@yahoo.com
(Expert) 11 February 2016
dear client.............
if any other advocate is ready to take you case without his NOC you can engage another lawyer ....... now since you are into a compromise stage its better to go for compromise and withdraw the case......
for any query feel free to get in touch
Dr J C Vashista
(Expert) 12 February 2016
You may change your advocate, however, it is a contract between you and your advocate and this is not a legal query to be advised by experts.
Rajendra K Goyal
(Expert) 12 February 2016
Have you proof of amount payable and paid to your lawyer.
If you are going for compromise, enter into compromise and withdraw the cases.
You can engage another lawyer in case of need.
