Vakaltnama
Atish
(Querist) 20 June 2014
This query is : Resolved
Dear All,
An advocate was appointed to file, appear and argue for my matters in court for a few years vide a VAKALATNAMA signed by me. Nothing has taken place so far, in fact things have all gone out of hand. I am fed up of the lawyer but have no proof of the entire fees I have paid him.
Now I have spoken to a very god advocate and am desperate to appoint and give him the VAKALATNAMA to represent me for the same matter. He has asked me to get the N.O.C. of the previous advocate. I have not discussed with him whether I would be able to obtain the N.O.C. as I am doubtful that the previous Advocate would give it to me as I had really given him more than a piece of my mind and he is upset, but that is for wat he ha spoilt about my case which is his fault.
Is it possible without the N.O.C. of the previous Advocate that I could hand over the matter to the new Advocate and without the objection in future of the previous Advocate. I am stuck as there is very less time to handle the case or it could become worse.
Kindly help.
Regards
Atish
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
You approach the previous advocate to endorse his NOC in the vakalatnama, if he is refusing, you may state the same before the open court and file a permission petition before the court to change the lawyer giving full details.
V R SHROFF
(Expert) 21 June 2014
Agree with Shri T.K.
Dr J C Vashista
(Expert) 21 June 2014
I agree with the expert. Engage a new advocate. Try and get NOC from previous one, s/he will issue otherwise no problem, mention (orally) the facts to the Court.
ajay sethi
(Expert) 21 June 2014
agree with experts . if your earlier lawyers reuses to give NOC issue him notice by registered post AD informing him that you dont want to engage his services . make an application before court for discharge of advocate on record
R.K Nanda
(Expert) 21 June 2014
agree with experts.
Laxmi Kant Joshi
(Expert) 21 June 2014
No need to go for obtaining noc from previous advocate , engage a new lawyer for you when you appear in the court on hearing date that time inform the court that you have changed your lawyer now Mr......is your new lawyer, inform previous one also .
prabhakar singh
(Expert) 21 June 2014
Although Bar council rule is there but that is not in practice in many jurisdictions and NOC ,even if must,is to be insisted by new advocate.Courts are found liberal
in this regard unless previous advocate come to expose himself against new advocate.Even in cases previous advocate is unpaid he does not have any lien on clint's
breif and documents in his hands.
Atish
(Querist) 21 June 2014
Dear All,
My heartfelt thanks to everyone for their prompt and caring reply.
Regards
Atish
