Crpc 125 + change lawyer+ noc
madanlal pande
(Querist) 22 January 2014
This query is : Resolved
How to change lawyer if 1st lawyer is not giving NOC
can I present new lawyer without his NOC?
I have already paid all my fees to first lawyer
He is also not giving my history documents which are important to me.
Devajyoti Barman
(Expert) 22 January 2014
Yes second lawyer can appear in the given circumstances.
Advocate. Arunagiri
(Expert) 22 January 2014
The 1st advocate has no rights to retain your documents, even if you have not paid his fees.
In the worst situation, you file a memo in the court to withdraw the 1st advocate. Subsequently file the vakalat of the 2nd Advocate.
But, normaly the 2nd advocate will not enter without the NOC of the 1st Advocate. Because the client may come and go, the relationship among the advocates will get spoiled.
R.K Nanda
(Expert) 22 January 2014
send court notice to earlier lawyer to submit NOC in court.
Rajendra K Goyal
(Expert) 22 January 2014
Another lawyer may appear on behalf of you. You can get the certified copy of all documents from court file.
madanlal pande
(Querist) 22 January 2014
My hand written history documents are very important to me. I 'm afraid my first lawyer lawyer may sale handwritten doc to the opposite party.
I'm become panic as opposite party can use this to file new cases on me after 2 yrs of my fight of 125 case. total seperation is 2.5 yrs.
Devajyoti Barman
(Expert) 22 January 2014
wHY ARE YOU GETTING SO WORRIED?
This is called privileged communication with your advocate which can not be considered by court.
Raj Kumar Makkad
(Expert) 22 January 2014
I do agree with the experts as this is not a big issue and generally courts so allow to appear second lawyer if such situation arises.
Shonee Kapoor
(Expert) 23 January 2014
The experts have guided you wisely, the second advocate should take the onus of getting NoC, if the court insists on it.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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V R SHROFF
(Expert) 23 January 2014
The experts have guided you wisely
fOR 125 CR P C, no need of NOC.
YOUR SIMPLE REGD LETTER TO YOUR ADVOCATE TO RETURN ALL YOUR DOCUMENTS INCLUDING YOUR HAND WRITTEN NOTE IS SUFFICIENT, oTHERWISE YOU CAN COMPLAIN TO BAR COUNCIL.
Do not worry for that.
malipeddi jaggarao
(Expert) 27 January 2014
Sending a regd.letter with give way to the first advocate to claim that his fees is in arrears as no advocate will normally give receipt for the fee paid. What are the reasons for your decision to change the advocate? Do you think that the other advocate will help you more? If you come out with the reasons, experts may throw more light on the issue.
