Affidavit of change of council in Civil Case

Dear Sir,

Only in rare situations:

Allegation of impersonation / forged vakalat

Serious dispute between old & new counsel

Earlier counsel objects to discharge

Specific order: “Plaintiff to be present”

If none of these exist → your presence is NOT required

Dear Client,

When you have filed an affidavit for change of counsel and the Court has specifically directed the counsel to appear, your personal appearance as plaintiff is generally NOT required, unless the order expressly states “plaintiff to be present” or the court wants to verify consent on oath.

In routine change-of-counsel matters, the court only confirms the change from the new and/or previous counsel, and no documents such as fee payment receipts, bank transactions, or proof of payment between you and your counsel are required or relevant, as advocate fees are a private matter and not examined by the court.

You should attend the hearing only if the judge directs your presence, there is a dispute or objection by the previous counsel, or the court wants your statement; otherwise, ensure your new counsel appears with the affidavit, fresh vakalathnama, no-objection/withdrawal memo, and ID proof if asked.

Dear client,

In cases of change of counsel, the court generally directs the new counsel to appear and place their appearance on record. As a plaintiff, personal appearance is usually not required unless the court has specifically directed you to remain present.

There is no legal requirement to submit payment receipts or transaction details between the plaintiff and counsel, as the fee arrangement is a private matter. The court is only concerned with proper authorization through the affidavit/vakalatnama and the appearance of the new counsel.

If the court has any specific concerns, the same can be addressed through your advocate, who can comply with the court’s directions and clarify the record.