Need noc for changing attorney
Sreyashree Mallick
(Querist) 21 July 2012
This query is : Resolved
Dear Sirs/Madams
I have a very catchy situation here. I I am 72 years old, I was working with my lawyer for the past 2-3 years without much problems. Recently she came to know that my kids are in the United States and she started to charge me a hefty fee for every visit. This is to the extent that i paid Rs 26000+ for 6 court dates in the past 4 months. And for none of these dates, the Lawyer didn't need to contest anything. They were mostly date changes because of either the opponent or the judge not attending the courthouse.
Before this payout of 26000 (Deposited in her bank account), i had paid about 10000 in Cash. When i paid in cash, i was not given any receipt saying that they dont provide receipts.
I recently figured out (with the help of a different senior lawyer) that she had done 5-6 major mistakes in my case because of which my case has become weak, and we required to take extra dates.
I went ahead and told her that I am relieving her of her services. But, she is not letting me go. She came back to me saying that i owe more money to her and like things. She has never produced any bill/invoice to me, and I have always paid whatever she had asked for. She has threatened me that if i dont pay, then she will not give me No Objection Certificate to my new lawyer. Moreover, she has threatened me that she will file a lawsuit against me for not paying her renumeration.
I am a bit confused about what to do. I am an old man and aged like a fatherly figure to most of you. If you can please help me battle this. What do i do now?
1. How do i get this NOC?
2. How can i contest her in court if she files a lawsuite against me? 4 Months ago, i started depositing cash in to her Bank Account so that there is a Monetary Trail. this is because she had earlier denied that i had paid some money in cash. With no receipts, i could not fight much
3. Also, I have never been provided any bill/invoice for the services rendered. Nor have i signed any document which says that they are charging XYZ amount for the services provided on a given date. Nor do i have any receipts for the cash that i have provided
My Lawyer friends, I have worked previously with other lawyers without any discomfort. But, this greedy lady is a black spot on this profession. Can you please help me with your advise?
adv. rajeev ( rajoo )
(Expert) 21 July 2012
Direct you ask for the NOC. If she didn't agree then issue notice terminating her vakalat.