Hired Lawyer Advocate not explaining case or never response to the question
3 months ago
greetings Legal practionerer. So I am resident of Maharsahtra. My family is has filed a Heir?succession Certificate under Bombay Regulation VIII of 1827 petition in session court. Our first hearing was on 8th October 2023. We talked to our advocate he told us we are not required for appearance in the court. After the Hearing date we contacted him he replied that he will contact us. After we 4 hearing date and business work status always showcase Appelant adsent and Advocate present since 4 date and Status of case says Proclaimation. My queries is My advocate never explains his procedure and what he is going to do. he also ridicule when ask him about case. do I have option to change my advocate . what is the procedure to change advocate . Do i need NOC from my current Advocate for hiring a new Advocate ?
Under Order 3 of the Civil Procedure Code, individuals have the right to choose their legal representative. Changing an advocate with the court's permission is permissible. The new advocate must submit a properly signed Vakalathnama to the court for the change to take effect. Although this process is generally straightforward, issues may arise regarding case history. If the new advocate fails to provide this information, the client can request the order sheet from the court through an application. In regular courts, obtaining a No Objection Certificate (NOC) from the previous advocate is standard practice. The former advocate may endorse the left margin of the Vakalathnama, indicating no objection to the engagement of another advocate.
Thankyou
You may change a advocate as follows
Order 3 of Civil Procedure Code gives aggrieved persons the right to choose one’s pleader. Therefore changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed Vakalathnama to the court. Hence it is possible to change one’s pleader. In a few cases problem arises with the case history. If the pleader fails to give it to the client, the client can apply for the order sheet by an application to the Court.
In normal Courts, NOC (No objections certificate) to be taken from the previous Advocate. The previous advocate may sign on the left margin of Vakalathnama (Power) saying he has no objection to engage any other Advocate.
In case, previous Advocate not ready to give NOC then the aggrieved party/client can issue a notice by himself to his previous Advocate saying that he is not comfortable with his service as such his legal services are terminated with immediate effect. Such notice to be sent to the previous Advocate by registered post acknowledgment due (RPAD). Then copy of such notice and postal receipt may be produced before the Court by the new Advocate along with new Vakalathnama which will be accepted by the Court by terminating the services of previous Advocate.
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