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A.Dear Client,
A client if he wants to change his Counsel should ordinarily first approach his Counsel for return of the brief and to obtain no objection from him. Normally a lawyer is expected to grant his consent unless there are sufficient and cogent reasons for him to decline the same. If however the lawyer does not give his consent then there is nothing to prevent the client from approaching the Court to determine the Vakalatnama of the Counsel previously representing him. Without determining the Vakalatnama a fresh Counsel cannot be engaged. Rule 39 of Chapter-II of Part-VI of the Bar Council of India Rules, 1975 reads as follows: An Advocate shall not enter an appearance in any case in which there is already a Vakalat or memo or appearance filed by an Advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court. In any event, the client has a remedy even if the Counsel does not give his no objection. He can always apply to the Court giving his reasons why the consent could not be produced and why he has to engage a new Counsel.
A client if he wants to change his Counsel should ordinarily first approach his Counsel for return of the brief and to obtain no objection from him. Normally a lawyer is expected to grant his consent unless there are sufficient and cogent reasons for him to decline the same. If however the lawyer does not give his consent then there is nothing to prevent the client from approaching the Court to determine the Vakalatnama of the Counsel previously representing him. Without determining the Vakalatnama a fresh Counsel cannot be engaged. Rule 39 of Chapter-II of Part-VI of the Bar Council of India Rules, 1975 reads as follows: An Advocate shall not enter an appearance in any case in which there is already a Vakalat or memo or appearance filed by an Advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court. In any event, the client has a remedy even if the Counsel does not give his no objection. He can always apply to the Court giving his reasons why the consent could not be produced and why he has to engage a new Counsel.
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A.Dear Client,
I would request you to provide me with more details regarding your issue or I can't give you the answer to the issue you actually are looking for.
For the time being to change lawyer simply obtain an NOC (No Objection Certificate) from your prior lawyer and hire a new one. If he doesn't agree, you should give him notice that his Vakalat/Power is being terminated with immediate effect. You should also hire another attorney by providing a copy of the notification along with a proof of postage.
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I would request you to provide me with more details regarding your issue or I can't give you the answer to the issue you actually are looking for.
For the time being to change lawyer simply obtain an NOC (No Objection Certificate) from your prior lawyer and hire a new one. If he doesn't agree, you should give him notice that his Vakalat/Power is being terminated with immediate effect. You should also hire another attorney by providing a copy of the notification along with a proof of postage.
Thank You
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