Change of council in Civil Case

Dear Client,

Yes, you may engage a new counsel at this stage, as there is no legal bar to changing counsel, particularly when the earlier counsel failed to appear despite a specific direction of the court. The absence of the counsel and the order recording “no representation” does not prejudice your right to be represented through another advocate. Obtaining an NOC from the earlier counsel is not mandatory, especially where the counsel is uncooperative or has not returned the case papers. You should immediately engage a new counsel, file a fresh vakalatnama in substitution of the earlier counsel, and submit a brief application or affidavit explaining that the previous counsel did not appear as directed and has not handed over the documents, resulting in loss of confidence. On the next date, appearance should be ensured either personally or through the newly engaged counsel to avoid any adverse order.