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Madhu   29 July 2016

Transfer case from one lawyer to another

I want to transfer my case from one lawyer to another. Basically, I am firing my current lawyer. What is the procedure? What all documents do i need? Cases are already filed, new lawyer will do the talking only. I want to know if i have to file some application in the court for change in lawyer and also will i need to extract certified copies of my case?  What is the process.



Learning

 7 Replies

P. Venu (Advocate)     29 July 2016

Get the no objection from the present lawyer and entrust it to the new lawyer. He will take care of the rest

Madhu   29 July 2016

No objection is a form that the present lawyer has to sign? He is not ready to leave my case, but not acting as per me. If next time, he doesnt appear on time during the proceedings, can i ask the judge to allow me to change the lawyer?

adv.bharat @ PUNE (Lawyer)     29 July 2016

First lawyer to whom you had given case will have to give NOC to second lawyer to whom you wish to give your case.

Yes you can have right to change lawyer of your choice its your right.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     29 July 2016

In case your current advocate is not providing you with an NOC, then ask the court to direct a discharge order to him after you have been replaced with a new counsel

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


(Guest)

Oh , this is some other Madhu

Generally there are situation where Lawyer can delay the case , and other place proper procedure has to be followed under Civil Proceudre Code (Presuming matter is Civil)  . Now exactly what is the matter , required to be analysis . Additionally when Lawyer don't take step , it is like in industrial situation which is some time called slow work. They do so because they want more money. 

You put your exact procedure detail here did then others can easily tell you whether it is going proper or not

 


(Guest)

In civil matters the party which files the case is known as ‘plaintiff’ and the party
against whom the case is filed is known as ‘defendant’. In legal terminology,
civil case is known as suit. Civil suit or case passes through following stages:


1. Filing of plaint (‘plaint’ is a legal term for the case filed by the plaintiff)
- First stage of the civil matter is filing of the plaint. Case/plaint prepared
by the advocate is filed in the appropriate Court of law.


2. Issuing summons to the opposite party - Once a case is filed then summons
i.e. intimation of the filing of that case is sent by the Court to the other party.


3. Appearance of defendant – On receiving summons defendant enters
appearance and files its response to the case filed by the plaintiff. The
response filed by the defendant is known as Written Statement. Plaintiff can
file a replication (reply) to the written statement filed by the defendant.


4. Framing of issues – After filing of plaint, written statement and replication,
Court frames issues i.e point of disputes raised in the matter.


5. Recording of evidence – Thereafter, evidence on behalf of the parties are
filed. By way of evidence, parties try to prove their case and disprove other
party’s case. Generally plaintiff’s evidence takes place first and thereafter
evidence on behalf of defendant is lead.


6. Arguments – After completion of recording of evidence, arguments are
advanced on behalf of the disputing parties.


7. Judgment – After hearing arguments and appreciating evidence filed by the
parties, Judge delivers judgement in the case and the matter gets decided
in favour of either party. The Dissatisfied party has the right to approach
the higher Court by way of appeal or any other remedy.


(Guest)

Well wanted to tell you properly but got above material from some other book just copied and pasted for your knowledge . This level information is ok for you 


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