Srinivas (.) 24 September 2014

Lawyer is not giving noc-urgent-urgent

Hi All, My lawyer is not handling my case properly and he is supporting othe party. he is telling wrong hearing dates and making delay case. I want change my lawyer but my lawyer is not giving NOC and he is asking me to pay double fees to give NOC and also giving warning to me .

Please advise what shall I do?

Without taking NOC if I change lawyer, old lawyer will take any action on me ? Please advsie.

Thanks for ur time.

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4 Replies

Tajobsindia (Senior Partner ) 25 September 2014

@ Author,

1. Litigant have right to change Advocate at any stage of litigation, reason is not required to be given.

2. You can file an Affidavit in Court expressing wish to change your current Advocate.

3. Existing Advocate is duty bound to give NOC provided his legal fees till date have been cleared by a litigant. He cannot blackmail client by refusing to give NOC on flimsy reasons. He cannot even withhold client files - record. Existing one may take action against you only in case his legal fees are not cleared.

4. Take the assistance of the local bar council for changing the advocate if the existing one is not cooperating by factually placing facts.

[Last reply]

Srinivas (.) 25 September 2014

Hi All, Thanks for quick response. We already paid fees but he didn't do anything to us .(We spoke fees with him Rs.25,000 till complete case but case didn't complete and no progress in case and he is making delay .we paid fees Rs.13,000 to lawyer . now he is blackmailing if we pay double fees then only he will give NOC.

New lawyer is ready to take our case but existing lawyer is not allowing us. Shall I go without NOC? Please advise.

Advocate Ravinder (Advocate/Attorney) 26 September 2014

---I completely agree with Tjobsindia. But even if the court intervenes and calls the Advocate to settle the matter by collecting the fee, the matter will not be solved. Even though the client had paid 13,000/- fee, the advocate says that he did not receive any amount, because there will not be any proof of payment. That is the main problem.

You have said that he is telling wrong hearing and delaying the case and asking for double fee. This time you record his voice in the cell phone. Collect all the material to prove his harassment. Produce the same before the bar council. You can also file a cheating case (private complaint) before the Magistrate of Criminal court. Go to the bar association and talk about his bad behavior before his colleagues and friends. Thus, you can put some pressure upon his career. For any further doubts and clarification you can contact me 7893011777 or ravinder2345@gmail.com.