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Dr. Rajesh Sharma   11 December 2024

Change of advocate in high court

Hi,

If I am not satisfied by my lawyer of high court ,what is the process to change him? Do I need NOC from him and if yes what if he doesn't give ?

How to get case papers from him ?



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     12 December 2024

You can ask for NOC from your advocate,  if in case he refuses then you can issue a notice informing him that you have terminated the vakalatnama and demand to handover the case related papers. If he is reluctant then you can appear as party in person before high court and inform court that you have terminated the vakalatnama to the current advocate and request the court to allow you time to engage a new advocate. 

You may have to file a memo along with the copy of the termination notice. 

Anshu Sharma (LAWFINITY SOLUTI   12 December 2024

If you're dissatisfied with your current lawyer in the High Court, you can change your advocate by appointing a new one and providing them with a Vakalatnama (authority to represent you). While an NOC from your previous lawyer is not mandatory, it can be helpful. If your previous lawyer refuses to provide the NOC or hand over the case papers, you can approach the Bar Council or the court to resolve the issue.

If you'd like to connect with expert lawyers to discuss further, please share your contact details, and we can assist you.

Dr. J C Vashista (Advocate )     12 December 2024

It is your personal decision to continue or replace your lawyer, wherein you should intimate your lawyer qua your decision.

Some of the courts insist upon NOC from existing lawyer, which is better to obtain and submit with vakalatnama of newly engaged lawyer.

Navaneeth E M   15 December 2024

It is important to note that, as a client, you have the absolute right to change your lawyer at any stage of the case. If your lawyer refuses to issue an NOC, you can file an application with the high court, requesting permission to change your lawyer. The High Court has the authority to allow the appointment of a new advocate without the NOC, provided it finds your reasons reasonable and valid. Once you have the NOC or the court’s permission, you can formally engage a new advocate by signing a Vakalatnama. You should also ask your previous lawyer for all case related documents. Lawyers are obligated to hand over case papers when requested, and if they refuse, you can approach the Bar Council.


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