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Sneha (Analyst)     19 October 2011

Can i change lawyer

Dear Members,

I filed divorce.summon had been sent and they have nt responded within 3 months.menawhile my lawyer wanted to settle with his lawyer taking money .i denied because they dont want everythng to be in paper.he dint denied that he will fight,but repeatedly saying this case will take 5-6 yrs .i suggested him asa lawyer u need to fight  and thnk about my benefits.currently he is delaying it knowingly to harass me in each nd every matter.

for your notice he has just filed my divorce suit in court and nothing else.My question is  if i want to change the lawyer can i change it now,before its too late.For changing lawyer what do i need to do....and can he take any action after that...

please suggest



Learning

 9 Replies

Manav Kalia (Arguing my own cases..)     19 October 2011

I would suggest based on what you have said to change your Lawyer asap. Find another lawyer and he should be able to take care of things like change of your representation in court. All the best..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Yes, you can change your lawyer at any stage.

 

You may need No Objection Certificate from your old lawyer.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sneha (Analyst)     20 October 2011

My lawyer is greedy for money.If he doesnt give me No objection certificate,i will be in a bigger mesh.

neither i can carry with him for the case,nor can i move him out...

plz help me

Manav Kalia (Arguing my own cases..)     20 October 2011

I don't think that any lawyer can stop you from representing yourself in any court or change your representation in any case in any court at any time. You can always give an application in court at next date for changing counsel. And when you get the next date hire another lawyer before that. It should not be a big deal.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     20 October 2011

Dear sneha

if you wanna change you lawyer then get an NOC from him and hire another one, the NOC is must for changing lawyers. no need to worry when you hire your present lawyer that time you committed a certain amount as his/her fee, pay him his/her fee and get the NOC

feel free to call me

ravi kumar (advocate)     20 October 2011

if u r advocate does't want to give noc to u. do 1thing that ,u make subbmission to court when u r case is.then judge may give or allow  u to oppoint u r new advocate.   u r free to cal my no 9448683024. for more information in this regard.

Manav Kalia (Arguing my own cases..)     20 October 2011

I think that right appoint counsel, change counsel or represent yourself is covered under both the constitution and the bar council code. According to both if you are not happy with your lawyer then you can change the same in any court, in any case, at any time. It is better if the lawyer gives an NOC. If not then speak directly to judge and give an application to court requesting change in counsel. Should not be a problem in any way. I have done the same so I know. Ask further in case of any doubts..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

It should be one of the responsibility of new counsel.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     20 October 2011

I agree with shonee completely.

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