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Dr Sndeeep   02 March 2025

Adding a lawyer for argument in quashing petition

Sir , i have filed a FIR quashing petition in Mumbai high court in Oct 24. Till date we got 4 dates but only on first date case came for hearing and PP said he doesnt have a copy and other dates due to paucity of time no hearing happened. Now date is 23 April. My current lawyer and i am having some issues and differences of opinions. Can i onboard one more who can go and join main lawyer on day of hearing, Do i need to take NOC from current lawyer ,  mind u i m not removing my current lawyer. Can he object to the same that i added one more. What is the best way to add another lawyer in this case



 3 Replies

Dr. J C Vashista (Advocate )     02 March 2025

You can/ should replace your lawyer 

T. Kalaiselvan, Advocate (Advocate)     02 March 2025

Whether you are adding another lawyer or changing the current lawyer, it is pertinent that you have to obtain NOC from the current lawyer hence you can decide based on the prevailing situation.

Remember that your current lawyer cannot do anything when the listed matter is not reaching for hearing on the date of listing.

1 Like

She Commie   02 March 2025

The prevailing practice is to obtain NOC from the present lawyer, before hiring a new lawyer. 

Even to onboard another lawyer on the day of hearing, you need NOC from the existing lawyer. 

It is better to replace the present lawyer, if you are not happy with him. 

So, think clearly and decide. 

There was also a judgment from the Supreme Court very recently, just a couple of months ago, that the Court should not insist on NOC from the present lawyer. The party has all the rights to decide who should appear on behalf of him. However, this judgment is against the prevailing practice. It may face some resistance from the present lawyers and Courts. So, it is advisable to take NOC from the present lawyer. 


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