Filled some cheque cases in Tirupur Fast track court

Dear Client,
Typically, such type of conduct on the part of an Advocate may be considered professional misconduct once a complaint is filed against the Advocate by the litigant/client under Section 35(1) of the Advocates Act, 1961, before the disciplinary committee of the State Bar Council. An advocate has a fiduciary duty to protect the client's interests through honest and ethical means, regardless of the potential for negative outcomes for the advocate or any other parties. A litigant can add any number of advocates to represent him/her in the court, there is no limit to this. He/she can also replace his/her Advocate if he/she has lost faith or confidence in the Advocate. She/he has the right to change counsel. Once he/she clears the Advocate's professional bills, he is bound to provide an NOC and if the Advocate is not ready or reluctant to issue an NOC after clearance of the fees, then he or she can apply to the court where the case is pending and pray for change the advocate, the court may allow the application post-hearing and after that, he/she can engage a new Advocate filing a fresh Vakalatnama in favour of new Advocate for representing his or her case before the Court.

Dear Client,

You have the right to change your advocate at any stage of the case, and no advocate can legally demand more money just to give a No Objection Certificate (NOC).

Basically , you can ask to give the NOC but if the advocate continues to harass or blackmail you for more fees after you’ve already paid, you can file a complaint with the Bar Council of Tamil Nadu for professional misconduct.

Dear Sir,
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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