Advocate is not responding in the case
5 months ago
Hello sir,
I have engaged an advocate for dealing a land related case which is presently in Telangana High Court. Many of the affected parties other than me have approached High Court for relief. After coming to know the same, I have engaged an advocate and requested him to plead me in the said case. The advocate has just filed a petition and was returned for the reasons best known to him. Since then he is not responding and also not providing NOC and Vakalath for entrusting the case to any of the other lawyers. What can I do. Please help
A.Dear Client,
If a client wants to change his Counsel should ordinarily first approach his Counsel for the 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(NOC) then there is nothing to prevent a 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.
If a client wants to change his Counsel should ordinarily first approach his Counsel for the 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(NOC) then there is nothing to prevent a 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,
In such a situation, it's important to take prompt action to address the lack of response and uncooperative behavior from your advocate. Firstly, consider sending a formal written communication, expressing your concerns and requesting the necessary documents such as NOC (No Objection Certificate) and Vakalath (authorization for representation) promptly. If this does not yield results, you may want to consider a face-to-face meeting or seeking the intervention of a legal association or ombudsman, if applicable.
Simultaneously, explore the option of engaging a new advocate for your case. In certain jurisdictions, you may be able to file a complaint with the local bar association against the non-responsive advocate. Additionally, you can consult with another legal professional to discuss the situation and explore potential legal remedies to compel your current advocate to cooperate or release the necessary documents. Timely and decisive action is crucial to protect your interests and ensure the smooth progress of your case in the Telangana High Court.
In such a situation, it's important to take prompt action to address the lack of response and uncooperative behavior from your advocate. Firstly, consider sending a formal written communication, expressing your concerns and requesting the necessary documents such as NOC (No Objection Certificate) and Vakalath (authorization for representation) promptly. If this does not yield results, you may want to consider a face-to-face meeting or seeking the intervention of a legal association or ombudsman, if applicable.
Simultaneously, explore the option of engaging a new advocate for your case. In certain jurisdictions, you may be able to file a complaint with the local bar association against the non-responsive advocate. Additionally, you can consult with another legal professional to discuss the situation and explore potential legal remedies to compel your current advocate to cooperate or release the necessary documents. Timely and decisive action is crucial to protect your interests and ensure the smooth progress of your case in the Telangana High Court.
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