Advocate leaving case
SAA_Bombay
(Querist) 09 February 2015
This query is : Resolved
Dear Experts, Our Housing Society has filed case in Court for which few members were discussing matter with our advocate, Our advocate get angry on one of the member of Society as he said to advocate that even after 1 n half years there was no results on any matter from our side & the opposite lawyers was successfully taking stay on matters. Our Advocate even did not attended couple of hearing for stay. Now, our advocate got angry & said to MC tht we will hand over all papers back to society & will not fight our case. From last, few days our advocate is even not replying to our mails / Calls. Please advice, can any advocate do this to their client? So suddenly he refuse to take matter, now what should MC do?
ajay sethi
(Expert) 09 February 2015
MC should engage another lawyer iif your advocate does not appear on dates when case is on board
SAA_Bombay
(Querist) 09 February 2015
Sir, Do society need any NOC from present advocate to appoint another advocate?
ajay sethi
(Expert) 09 February 2015
issue notice to your advocate to furnish NOC as you do not wish to engage his services . even if he does not give NOC court will permit you to appoint another advocate
Supreme  Court  in  the  case  of  R.D. Saxena  Vs.   Balram  Prasad
Sharma 2000(7) SCC 264.  The judgment relates not only to the
claim of lien, but to the moral obligation of the Solicitor in allowing
his client to change his Advocate.  It is observed that the litigant is
free to change his Advocate when he desired and a lien cannot be exercised by the Advocate. Â
SAA_Bombay
(Querist) 09 February 2015
Thank You Sir.
