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NM (j)     30 November 2016

Noc from ex-advocate

I was having an advocate for my 498a IPC section, i have already paid all his "X" dues before the dismissal of the case. But after some time he again demanded "Y" amount from me. I again started paying this. But right now he suddenly says to pay full amount in advanced. I have objections on this. Now I want to change my advocate, but he is not giving NOC, and threatening that he will cancel my "regular bail" any time. What should I do now. Is it necessary to take NOC from him?


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Sachin

Sachin (N.A)     30 November 2016

Why do you want NOC from him.

 

Hire a new lawyer, No need of his NOC. 

No lawyer can cancell you bail .

 


(Guest)
Originally posted by : NM
I was having an advocate for my 498a IPC section, i have already paid all his "X" dues before the dismissal of the case. But after some time he again demanded "Y" amount from me. I again started paying this.

But right now he suddenly says to pay full amount in advanced. I have objections on this. Now I want to change my advocate, but he is not giving NOC, and threatening that he will cancel my "regular bail" any time. What should I do now.
Is it necessary to take NOC from him?

After fighting and handling your case in the end if you dont pay fees, where shall the lawyer go?  Think about that.

 

You should clear fees of the advocate in order to obtain NOC.  WIthout obtaining NOC, no lawyer will take up your future cases or existing cases.  You will have problem obtaining copies which will be given only to your advocate and not to you.  You may try.  But am sure you will end up fighting your present and future cases party in person and be in more trouble than now.

 

Ethically too you are  bound to clear professional's fees, dont forget that.  

1 Like
NM

NM (j)     30 November 2016

Sir, I have and will pay the requisite fees. Again I accepted the revised fees, but is it ethical for a lawyer to revise his fees? Moreover I agreed on this, but threatening to get 100% of his revised fees in advance is justified? Can he assure me that he will not re-revise again?
Zoheb Khatri

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     30 November 2016

Only solution to your problem 'Talk to your Lawyer'

Ms.Usha Kapoor

Ms.Usha Kapoor (CEO)     01 December 2016

Complain ABOUT THE  MISCONDUCT OF THE LAWYER TO STATE bAR COUNCIL AS WELL AS BAR COUNCIL OF iNDIA. THEY WILL TAKE  APPROPRIATE ACTION AGAINST THAT LAWYER. YOU ENGAGE  A NEW LAWYER  AND FIGHT YOUR CASE.WOULD YOU GIVE ME PROFILE LIKES IN EXCHANGE FOR FREE LEGAL ADVICE FROM MY END?

LegalFighter

LegalFighter (test)     02 December 2016

This is normal tendency of advocates who are behind only money and making money out of clients situation.if he is asking more money or blackmailing you , complaint to state bar council immediately. You can cancel his vakkalath by submitting a memo to judge or sending a normal notice by yourself to advocate thro RPAD.Learn law to appear PIP. Don't worry about other advocates, you will get another good advocate if you search.Before complaining to bar council or court prepare a strong evidence of video or audio or any formal character who would be there while communicating with advocate.Keep original devices of video safe.Study bar council act and advocate act 1961 and try understanding duty of an advocate towards client.
LegalFighter

LegalFighter (test)     02 December 2016

This is normal tendency of advocates who are behind only money and making money out of clients situation.if he is asking more money or blackmailing you , complaint to state bar council immediately. You can cancel his vakkalath by submitting a memo to judge or sending a normal notice by yourself to advocate thro RPAD.Learn law to appear PIP. Don't worry about other advocates, you will get another good advocate if you search.Before complaining to bar council or court prepare a strong evidence of video or audio or any formal character who would be there while communicating with advocate.Keep original devices of video safe.Study bar council act and advocate act 1961 and try understanding duty of an advocate towards client.
P. Venu

P. Venu (Advocate)     03 December 2016

In the normal course, NOC is required. However, the Court can permit change of lawyer even without NOC.

sai narayana

sai narayana   04 December 2016

you have absolute right to appoint new advocate without any compulsion of NOC. Latest Karnataka HC judgment below. https://www.livelaw.in/karnataka-hc-asks-registries-accept-vakalatnama-new-advocates-without-insisting-noc-previous-ones-read-order/
1 Like
NM

NM (j)     05 December 2016

Thanks everyone. The reply from Sh. Sai Narayana is the logical end of my query. Great Judgement from Karnataka HC https://www.livelaw.in/karnataka-hc-asks-registries-accept-vakalatnama-new-advocates-without-insisting-noc-previous-ones-read-order/

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