• Should I bring my legal counsel always

I have appointed a lawyer for my case. I know that my opposite party is playing the game by adjourning the hearings on some or other pretext. In that event, I requested the court to grant me the privilege to be present in court through Hazira, but the Judge did not allow. Is that the rule that no matter what, even as a litigant, I do not have any privilege of Hazira in court. Is that I have to necessarily ask the Lawyer to be present and pay because he takes fee for every appearance ? Can't I appear in court and even lead the argument in the absence of my Lawyer as a litigant ? Any apex court or high court ruling for that ?
Asked 7 months ago in Civil Law from Mumbai, Maharashtra

You have to file an application seeking permission to appear in person by withdrawing the advocate on record. Court will give such permission. Then you can appear in person in court. 

Kallol Majumdar
Advocate, Kolkata
2227 Answers
3 Consultations

5.0 on 5.0

When you have engaged lawyer to appear on your behalf you cannot appear in person 

 

2) your arguments have to be done by your lawyer 

 

3) you can inform the court that you do not want to engage Lawyer and may be allowed to appear in person 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

Appoint lawyer wisely, fees of advocate decide with discussion. This way your lawyer will keep harassing you as by adjournment he is getting benefited on every date. Change this lawyer or decide one time fees.

Party is not accustom of law and specifics of civil/criminal procedure. Hence, denying you Haziraby court is for your good.

You can disengage him, no bar.  And party can appear in person with the leave of court but make sure for any result only party will responsible.

 

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

You can but it's courts impression that when you have appointed lawyer then he will argue. You can inform the court that you pay the lawyer date wise and therefore I need to argue when I can't afford him to pay the same

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

You can re appoint your lawyer later 

 

in presence of Lawyer you are not entitled to argue your case 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

See you can engage lawyer for only effective hearing and can engage a local lawyer for taking dates it will cost you less if your lawyer is charging you more.

Also as a litigant if court permits you can present case your self or you can talk to your lawyer that you will pay only for effective hearings. 

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

If this lawyer is charging you for every appearance then nothing stops you to engage another lawyer who would charge you on a lump sum basis

The lawyer charges you for the appearance because he has to spend time for the same even if nothing happens in your matter. He would have to manage his other work and clients to attend to your matter. It is for that he charges you

If he is not competent then you can always discharge him and appoint some other lawyer

If you want to save money then you are not bound to engage any lawyer and can appear as a party in person also. When the time for arguments come you can engage a counsel who is not required to file a vakalat

There is no judgment of any court which you are asking

You either engage a lawyer or appear in person

If you have a lawyer then you cannot appear. 

 

Yusuf Rampurawala
Advocate, Mumbai
4930 Answers
31 Consultations

5.0 on 5.0

you can engage lawyer with approval of court. It is permissible.

Kallol Majumdar
Advocate, Kolkata
2227 Answers
3 Consultations

5.0 on 5.0

You have choose, that either you will represent yourself or you will be represented by your lawyer in court of Law.

If you have engaged a lawyer then let him represent your matter and pay him fee for the same.

During a proceeding, if a lawyer is representing a client, then client is entitled to ans questions only when specifically asked by the Judge  from client.  

However, if you think that you are competent , then make a submission in court, that you will not engage a lawyer and you will represent yourself on your own as Party in Person.

When judge allows you to contest as party in person, then you will contest your matter on your own, you will not be required to be represented through a lawyer.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

There is no absolute bar to appear. In fact, with the leave of the Court, a non-advocate is still permitted to appear even without a local advocate

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

Generally cases are by two ways one is on the basis of full case fee or another one is per hearing fees, so you can ask your lawyer what course of action suits to you but this is not possible that without asking him you alone appear in the court as an accused by your own wish so don't think otherwise and discuss with your lawyer.

Koshal Kumar Vatsa
Advocate, Gurgaon
1874 Answers
1 Consultation

5.0 on 5.0

If you want to appear in court as party in person, you can very well do that but you should inform court that you will be appearing as party in person only hence your lawyer will not appear before court on your behalf after that.

You can give a memo in this connection to the court which will record the same and allow yo to argue your case by yourself.

 

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

You can disengage the services of your lawyer for the present and can re-engage the services at a later stage also.

There is no legal infirmity in it.

 

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Dear

As long as you doesn't withdraw the Vakalatnama your lawyer has given in court you can't appear in person in court. 

After disengaging your lawyer you need to make application for permission to appear in person. 

You can engage your lawyer at later stage during arguments. 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

If you have good case on merits you would succeed irrespective of fact that OP has engaged a big lawyer to argue on his behalf 

 

However it is always advisable to engage a lawyer to appear on your behalf . He need not be senior lawyer

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

This are not relevant.

Only thing relevant is merits of the matter and all related record be filed with Court .

 

your job is to contest on merits. Make submissions that you want to contest on merits.

 

Nobody can ever stop you to contest on merits.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

See if litigant is on point having merits in case he would be heard and granted relief. Though litigant may fail to satisfy court on technical aspects so it is always better to engage a lawyer bur in case you are also litigating you can be well prepared and can answer court accurately there won't be any prejudice you will be heard and relief shall be given.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

You submit a written argument and case laws for your argument.

No judge can ever go against the settled law of the land. 

If they do so then you may easily challenge the same before the Higher Court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

Under the given circumstances if you apprehend any discrimination or a judgment against you, better you present your argument in writing.

The written arguments along with the citations submitted supporting your arguments and pleadings would help you to present your case in a better manner before the appellate court.

Moreover this will crate fear in the minds of the judge especially when they apprehend that you would prefer an appeal against the aggrieved judgment and if there is something wrong in the judgment despite the litigant argued the matter properly  despite appearing as a party in person, hence this will help you to solve the problem you apprehend.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

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