Shree. ( Advocate.) 07 April 2008

How to change your lawyer ??????????

How to change your lawyer ??????????
Every client has a right to discharge his or her lawyer at any time for any reason or no reason at all, irrespective of the fact whether or not any money is owed. Off course you will continue to owe your formal lawyer for time spent working on your case.
If your lawyer is not performing to your satisfaction, you may wish to send a letter (keep copies the letter) stating all very specifically what needs to be changed. In spite of your discontent expressed to your lawyer there is no improvement, then you may start looking for another lawyer.
Something's cannot be changed: for example, when you loose trust and confidence in your lawyer or nothing is worse than filling trapped in a bad relationship with your lawyer. Then the only way out is to change your lawyer.
As par Ed Sherman for practical divorce solution If your spouse has an attorney, it would be unwise to fire your old attorney until you have another, and your new attorney will arrange the transfer. However, if your spouse has no attorney, you can consider taking over the case yourself. If you discharge your attorney to take over yourself, do it in writing and keep a copy of the letter. If the attorney has filed documents in court, you must also file a Discharge of Attorney naming yourself as the new attorney "In Pro Per" or "Pro Se," which means that you represent yourself. We have a Discharge of Attorney form that you can copy and use. Copy or print it, fill it out, sign it, make three copies. Have someone (not you) mail a copy to your ex-attorney, your spouse and your spouse's attorney, if any. That person signs the Proof of Service at the bottom, then you file it with the court clerk. Send a letter to your ex-attorney politely explaining that you have taken over your own case and request that all files and papers be immediately forwarded to you. An attorney cannot ethically delay turning over files and Documents merely to pressure you into payment of amounts owed. Failure to promptly forward files as you request is a breach of the attorney's ethical duty to you. In case of unreasonable delay, fire off a letter of complaint to the local and State Bar associations with copies to your old attorney. Meanwhile, you can always get copies of court documents from the court clerk.
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6 Replies

A.Mohamed Thaheer (ADVOCATE) 12 April 2009

This is a very useful and practical knowledge of information, that both the client and lawyer should know. Welcome

Swami Sadashiva Brahmendra Sar (Nil) 12 April 2009

Dear shree ! you are right. normally, the client changes his lawyer when he is dissatisfied and finds a better one in his opinion.

But legally, the lawyer can not be detached from the case exept by leave of the court on written application of the client or lawyer. Further, acceptance of a brief in which a lawyer is allready engaged, is a professional misconduct under Advocates Act and has been depricated time and again by the high courts and supreme court.

Swami Sadashiva Brahmendra Sar (Nil) 13 April 2009

since compliance of order 3 rule 2 of CPC for determination of appointment of existing lawyer would lead to another proceeding in the case, it is advisable that no objection or consent of that lawyer for appointment of subsequent lawyer should be taken.

we in Allahabad High Court do avoid filing a vakalatnama for a party who has already engaged an advocate. if circumstances compel to take such a brief, we ask to the litigant to bring the consent of previous advocate.

Sreekumar (Officer) 24 May 2010

Sir, I have another question If there are two clients and 1 party wants to change the lawyer and another party does not want to change the lawyer for the same case for eg say if there is a property owned by A and B and A wants to change the lawyer and B doesn't want to change the lawyer what is the formality?