MrDinoMorea (O) 14 December 2014
How does a client get a no objection certificate from a lawyer if he wants to change his lawyer?
What can the client do if the lawyer is refusing to give the NOC?
When a lawyer has not completed a case, be it civil or criminal, does he deserve his full fees before he gives the NOC? Is it right for him or her to expect that?
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 14 December 2014
How does a client get a no objection certificate from a lawyer if he wants to change his lawyer?
That lawyer needs to sign in a VOKALATNAMA stating no-objection for civil case. For criminal case no-objection is not required. The new lawyer needs to file a memo by signing you.
What can the client do if the lawyer is refusing to give the NOC?
For criminal case the new layer needs to file a memo by signing you.
For civil case the petitioner needs to go in-person and state the magistrate that he is going to change the lawyer and give a new VOKALATNAMA in front of that judge by signing the new lawyer.
When a lawyer has not completed a case, be it civil or criminal, does he deserve his full fees before he gives the NOC? Is it right for him or her to expect that?
This is absolutely not expected. Unfortunately most of the lawyers are corrupted. Please don't pay a single penny to him/her. Just fire him/her.
No VOKALATNAMA is required if petitioner moves his case in-person. He just needs to state the same to the magistrate verbally.
Also note, there is no provision in the law that hiring a lawyer is mandatory for a case.
Anybody can file / defend any case as per section 32 of Advocate act.
You can file or defend in-person (Without Advocate) also.
Please read each of my posts carefully in the following links for sample petitions and other necessary clues.
https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg
https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg
https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1
Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com) 14 December 2014
MrDinoMorea (O) 15 December 2014
| Originally posted by : Rocky Smith | ||
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Thank you Rocky for the detailed reply. I am very relieved to know that we don't need an NOC for criminal cases.
What about Domestic violence case? Even though its supposed to be criminal case the proceedings are like civil...so will I need an NOC for that?
gd dy (gd dy) 15 December 2014
@ Rocky Smith :
"For civil case the petitioner/respondent needs to go in-person and state the magistrate that he is going to change the lawyer and give a new VOKALATNAMA in front of that judge by signing the new lawyer."
suppose one wnt to chnge it in Disstt., High or Supreme Court level thn ? there is no magistrate there.
if lawyer has compromised with opponent, thn will it not b difficult to get NOC.
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