compromised lawyr and change of lawyer
professional
(Querist) 31 May 2011
This query is : Resolved
Dear Sir,
I have filed a civil suit for eviction of flat against my brother. My lawyer misled me telling me that the case can be filed only after 2 months of giving legal notice and finally after a lot of persuasion he told me that he case has been filed on 22 March 11. He did not give me the copy of the suit filed. I regularly requested him to give the suit copy which he did not give. On 20 May 11, one of my defence friend told me that perhaps my lawyer has not filed the case as yet. I called my lawyer to give me suit copy if he has filed it, my lawyer did not respond to my repeated call. I send him a sms to which again he did not respond. Finally I send him an sms telling him to not file the case if he has already not done it. He gave the case no with out telling me the date of hearing. Finally i came to know that the case has been heard on 25th May 11. The information about the date of case hearing was informed to my opponent \,because the hon,ble judge agreed to make my brother a party in the case through his lawyer. This and various other incidences suggest that my lawyer has compromised my interest. Now I wish to change the lawyer, but i am told that I can not change the lawyer unless an NOC is given by the existing lawyer. Kindly advise
A) Can I make complaint to some authorities about the cheating by my lawyer.
B) Is there any way to change the lawyer if my present lawyer continue to refuse to give me his NOC
Devajyoti Barman
(Expert) 31 May 2011
1. Without making any comment on the conduct of your advocate, it can be said that you can ventilate your grievances against the said advocate to the Bar Council of concerned state.
2. No special formality is required. You can simply ask that lawyer not to appear in your case any more and engage any new lawyer of your choice. Getting a No Objection from the erstwhile lawyer is however advisable.
prabhakar singh
(Expert) 31 May 2011
i condemn the way your lawyer has behaved.
Advises of Mr.Barman should be followed.
PALNITKAR V.V.
(Expert) 31 May 2011
if you feel that your lawyer has misconducted himself as alleged by you, you can make a complaint to the Bar council. Similarly you are at liberty to change your advocate and engage new one. however, you will have to take his no objection before engaging a new lawyer. If your old lawyer does not give no objection, you may request the Court to accept the new Vakalatnama without no objection of earlier lawyer.
Guest
(Expert) 03 June 2011
If the position stated by you is correct, I would like to advise you that in your complaint to Bar Council, you can even request the Br Council to debar such an unethical and careless advocate from future practice taking the incidence as a serious misconduct on the part of the advocate.
In the circumstances narrated by you I don't think your advocate would give you NOC for change. So, better request directly to the court to permit you to change the advocate. Needless to mention, such a careless handling of the case can harm the interest of the clients even after paying fee for the services of the advocate.
Advocate. Arunagiri
(Expert) 03 June 2011
1. Launch a complaint on the advocate before the Bar Council.
2. Change the counsel, no NOC is needed.
professional
(Querist) 04 June 2011
dear all advocates and friends,
i sincerely thank all of you for your kind advice which has been of great help to me.
