Advocate Not Attending Case

Dear Client,

The persistent, year-long delay in your Bangalore City Civil Court case, which is crucial evidence stage, requires immediate action you must formally write to your current advocate demanding a written plan and schedule for filing the necessary Affidavit of Examination-in-Chief (evidence) on the next scheduled date;

If your advocate remains unresponsive, you should instruct them to file an application under Section 151 CPC to the court to expedite the trial and fix a specific date for evidence production, or alternatively, you have the right to request a No Objection Certificate (NOC) and the return of your entire case file to immediately engage a new advocate who will proactively ensure your evidence is produced to move the trial forward.

Dear Sir,
If your present lawyer continues to delay:

You can appoint a new advocate immediately.

The new advocate will file a ‘Vakalatnama’ along with a ‘No Objection Memo’ from your old advocate.

If the old advocate refuses to give “No Objection,” your new advocate can file a memo seeking permission to represent without NOC, explaining the negligence of the previous counsel. Please issue a notice to your old Advocate terminating his services with immediate effect as you are not satisfied with his services.

Once allowed, your new counsel can proceed with evidence and move the case forward.

Dear Client,
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. He/she has the right to change counsel at any stage of the court proceedings. 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.