My advocate not ready to give no-objection certificate.

Guest (Querist) 24 October 2012 This query is : Resolved
After spending 3 years in court, I came to know from another advocate that the case in which I'm respondent is not maintainable because wife filed it in incorrect section. ie. HMA 13(1) asking for annulment on impotency and mental cruelty. My advocate should have asked for maintainability hearing and get it dismissed.

When I approached him for no objection certificate and case file for changing advocate, he is asking for huge money for the same. I have already paid fees at each stages and every hearing till date.

I'm not ready to pay him anymore and want to handover the case to another advocate.

So, Please let me know how to proceed to change advocate if he is not willing to give no objection certificate.

Can I directly ask the judge to change the advocate showing the mistakes he made in handling the case?

Please help.

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Advocate M.Bhadra (Expert) 24 October 2012
First you should settle the matter with the existing Advocate,if you failed then lodge a complaint to the local Bar Association,you have liberty to change your lawyer.

Raj Kumar Makkad (Expert) 02 November 2012
You can bring this fact to the knowledge of concerned court and may also make a written complaint to DJ as wel as Bar Council of that State so tha an appropriate action may also be initiated against such lawyrr.

Arun Kumar Bhagat (Expert) 18 November 2012
You make written correspondence with the erstwhile Advocate.Thereafter submit all the papers with the Bar Council for appropriate action including disciplinary.

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