lawyer cheating
Querist :
Anonymous
(Querist) 06 August 2011
This query is : Resolved
my wife have left me and she is not willing to live with me. i went to a lawyer , explaining all the details, i sent her legal notice, asking her to come back. i have previously signed vakalat (green colour) and in two empty green sheets. but, her lawyer replied that she need divorce.when i approached my lawyer and said that i am not ready to give her divorce, he said that he can get me divorce without my consent, as i have already signed him the vakalat. he also threatened that i cant change my lawyer without his permission. he is pressurizing me to accept to give divorce to her. i came to know, he has been supporting my opposition`s stand. i have chosen a wrong lawyer. is it possible, he can get me divorce without my consent? how can i change my lawyer?
M/s. Y-not legal services
(Expert) 06 August 2011
1.changing advocate not an issue.. if your stated statements are true mean you have to to a lesson to him..
2. send a written complaint to the concern bar council to take necessary steps in your issue. (as per advocates act colluding with other side is not allowed)
M/s. Y-not legal services
(Expert) 06 August 2011
and change of counsel in need not any specific formalities.. even you can send a private notice to him with the instruction about your decision. thats enough..
K.S.Srinivas
(Expert) 06 August 2011
Agreed with the suggestion of Mr.Tom
Querist :
Anonymous
(Querist) 07 August 2011
thanks for replying Mr.Tom.advocate and others... but, i still cant get through ur second reply... can i hire another lawyer? whats the procedure? do i have to send a notice to my first lawyer? how can i prevent him from filing divorce case on my behalf? plz reply..
M/s. Y-not legal services
(Expert) 07 August 2011
Yes. Practically without obtain no objection from your erstwhile counsel no one new counsel can't not appear for your case. Thats the reason behind our advise to inform him. But in this situation surely he will not cooperate with you for no objection. So its no need. Just send a notice through register post, then your new counsel can file a change of vakalat for proceed your case further.
ajay sethi
(Expert) 07 August 2011
if you need to change your lawyer you need a noC from earlier lawyer.
without NOc no other lawyer cna appear on your behalf .
when the case come s up for hearing you inform the court that you wan to change your lawyer and seek time
Raj Kumar Makkad
(Expert) 08 August 2011
There is no need to seek NOC from such lawyer who himself is involved in unprofessional ethics. Tel the concerned court about his attitude if asked.
