How to change my lawyer without vakalat
vishnu
(Querist) 18 June 2018
This query is : Resolved
Respected sir/ madam,
i am vishnu from madurai completed my degree , met with an accident at 2012, and lost right eye vision, so applied petition against the insurance company, till date i didn't atten single hearing, my lawyer also not communicating with such any of the details, so i checked e-court services it shows dismissed for default 4 times .claimed amount also 12 lakh rupees, so we really dissappointed with the lawyer, we asked him the case details back to us, but he refused even. please kindly help us. i cant go for any job really I'm stumbling. please mail me at vishnubmar@gmail.com.
Guest
(Expert) 18 June 2018
First Discuss with local good Senior Advocate and appoint him and he would take care.
vishnu
(Querist) 18 June 2018
thank you sir, but i need to know changing of a lawyer without vakalat is possible
Guest
(Expert) 18 June 2018
When the Case is dismissed the role of your advocate appeared is no more. You could appoint new Advocate.
vishnu
(Querist) 18 June 2018
now the case is dismissed for default 4 times even last friday also, case dismissed at 2016 december itself till date and he asked me to come for hearing at 2017 december(while case dismissed) personally i dont want him as my pleader kindly show me to take necessity action to complain him and get my case details and medical documents
Vijay Raj Mahajan
(Expert) 18 June 2018
If your case is already dismissed on default the services of your lawyer is already finished .
You have to either get the dismissed case revived or file a fresh case and in either case you can appoint new lawyer for the job. Just get a new local lawyer and get the things going with new lawyer.
Kumar Doab
(Expert) 18 June 2018
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in MACT/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for further recourse..
K Rajasekharan
(Expert) 18 June 2018
Changing one’s advocate is an easy thing. You can authorise a new advocate and he can appear before the court on your behalf with the former advocate’s permission. If he refuses to give his consent he can plead on your behalf with the permission of the court.
The former advocate has the right to get the fee for his service done earlier but has no right to withhold the case file even in the name of fee to be paid. For such fees, if any, he can take other legal measures.
Guest
(Expert) 20 June 2018
If the case has been dismissed for default, it is not a case for change of lawyer, but for an appeal in the higher court and a separate case against the lawyer in the court for issuing order for banning such type of advocates from practice for life, besides order for refund of fee by the lawyer.
The case should not be taken so lightly, as one expert have very conveniently stated that his role is no more, when default was on his part, not once but four times. That proved, he never cared for his role.
Guest
(Expert) 20 June 2018
If the case has been dismissed for default, it is not a case for change of lawyer, but for an appeal in the higher court and a separate case against the lawyer in the court for issuing order for banning such type of advocates from practice for life, besides order for refund of fee by the lawyer.
The case should not be taken so lightly, as one expert have very conveniently stated that his role is no more, when default was on his part, not once but four times. That proved, he never cared for his role.
Guest
(Expert) 20 June 2018
If the case has been dismissed for default, it is not a case for change of lawyer, but for an appeal in the higher court and a separate case against the lawyer in the court for issuing order for banning such type of advocates from practice for life, besides order for refund of fee by the lawyer.
The case should not be taken so lightly, as one expert have very conveniently stated that his role is no more, when default was on his part, not once but four times. That proved, he never cared for his role.
Guest
(Expert) 20 June 2018
If the case has been dismissed for default, it is not a case for change of lawyer, but for an appeal in the higher court and a separate case against the lawyer in the court for issuing order for banning such type of advocates from practice for life, besides order for refund of fee by the lawyer.
The case should not be taken so lightly, as one expert have very conveniently stated that his role is no more, when default was on his part, not once but four times. That proved, he never cared for his role.
vishnu
(Querist) 15 July 2018
Thank you sir, for your kind reply. thank you all experts, my lawyer expecting 1 lakh and 5 thousand rupees to hand over my case. is this reasonable? or not ? kindly clear
Kumar Doab
(Expert) 15 July 2018
If the said amount is not balance to be paid then said lawyer cannot expect, demand, collect.
Apparently you are facing issues due to some neglect at your end.
As already posted above in future spend quality time in choosing lawyer and settle T&C on record.
