We filed a petition against college service commission regarding recruitment process. Lawyer fixed a money for this. We have paid half of the money after one hearing. Lawyer is asking for the entire amount. We did not want to pay until we see a progress. We wanted to change the lawyer. We signed in vakalatnama. Out of 28 petitioners only 3 didn't sign as they got recruited and probably tied up with the lawyer. Now lawyer is saying he won't give noc unless every one give signature by physically
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Send notice to lawyer by speed post AD to give NOC as you do not want to engage his services any more
2) if he refuses to do so approach court in this regard that inspite of notice lawyer is not giving NOC and you don’t want to engage his services anymore
Since 3 petitioners didn't give signature, can the lawyer win in court if we go against him?
25 petitioners can withdraw their consent to lawyer
You need to pay him the agreed fees if decided in lumpsum. If you are changing the lawyer for reasons in which he is not at fault then you need to pay him. If he has defaulted in his duties then you need to pay him till the stage which is completed. If he refuses noc you can still continue and engage lawyer with permission of court
You can issue a notice to the lawyer intimating your decision about terminating the vakalatnama given to him and demand NOC from him.
Keep the copy of the notice issued to the lawyer and file a memo before the concerned court mentioning that you have terminated the vakalatnama given to the said lawyer and request the court to permit you to engage the services of another lawyer, which will be accorded by the court.
The lawyer cannot refuse nto give NOC neither he will be permitted to continue as your counsel in the case if you have already terminated the vakalatnama given to him and intimated the court duly about it.
Hence there is no question of the lawyer approaching court in this regard nor the court will entertain any such claim made by any party.
Dear client,
The lawyer is bound to give you the NOC. There is a possibility of winning but it all depends on how your lawyer argues the case by presenting the evidence.
Thank you
- Legally , you can change the said lawyer after informing the court where the petition is going on.
- Since, there is no agreement for executed for the payment of a fix amount to the lawyer , then you are not bound to pay the entire amour to him in the preliminary stage of the suit.
- If he is not giving NOC , then you can engage a new lawyer after informing the court.
