• Changing lawyer

Please explain the process of changing lawyers for myself in the middle of the ongoing divorce case. I stay outside India and I want to change the lawyer representing my divorce case from the country (Australia) I reside.
Asked 2 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

Issue notice to lawyer by registered post that you are desireous of engaging another lawyer and to kindly issue NOC 

 

2) you should in vakalatnama of new lawyer obtain in writing of current lawyer that he has no objections 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

Lawyer can refuse to give NOC 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

request the court or Bar association. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Make an application to court that you want to engage new lawyer and have already issued notice to current lawyer but he is refusing to give NOC 

 

court would grant you permission to engage new lawyer 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

You can issue a notice to the current lawyer intimating your decision to terminate the vakalatnama given to him and along with the copy of the notice, you can execute a fresh vakaltnama in favor of the newly chosen advocate for handling the case after him.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

There is no reason for the previous lawyer to furnish NOC, however the NOC will not play any role if you have decided to terminate the services of the previous lawyer, you can attach the copy of the notice to the previous lawyer about this in your vakalatnama given to the new lawyer who will take care of further issues in this regard.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

You are repeating the same question in different modes.

You were advised to issue a legal notice to the previous lawyer stating that you have decided to terminate the vakalatnama given to him hence request him to give NOC, even if he do not respond, you ca proceed with the case through your new lawyer as suggested above. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

- Legally , you have right to replace the lawyer , and the lawyer cannot refuse to issue NOC 

- You can send a message/notice to the present lawyer for not to appear in your case , and thereby inform him that you have already engaged a new lawyer 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

You can change your lawyer without his noc if he has refused to give the same. You need to clear his legitimate outstanding fees 

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

Dear client, 

 

You can change your lawyer at any time and appoint new lawyer. You have to take no objection from him and if he denied to give you no objection, you can file affidavit stating the fact in the court and appoint new advocate

 

 

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

Dear sir, 

You may engage a new lawyer and give an affidavit to the court where case is pending giving all details of the new advocate and change previous advocate. The affidavit will be attested by Indian Embassy. Plus, you may appear in court proceedings through virtula mode as well. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

Send letter to lawyer by speed post AD or registered Post that you do not want to engage his services any more ,to kindly return the case papers and give his NOC 

 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

You can verbally inform the lawyer that you are terminating the vakalatnama given to him and request to return the case bundle  or you can issue a notice to him stating that you have terminated the vakalatnama given to him hence request him to give NOC and return the case papers. , 
If he is not responding to anything then you may file a memo before the trial court stating that you have terminated the vakalatnama given to your previous lawyer and attach a copy of the notice sent to him and submit a vakalatnama through a new lawyer, the court will then permit you to proceed with your case through new lawyer. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

An email will suffice

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

Dear Client,

 

The requirements for canceling services with a lawyer can vary based on your location and the terms outlined in the agreement you have with the lawyer. In many cases, a simple written notice may suffice, but it's often better to follow the specific guidelines outlined in your contract or engagement agreement with the lawyer. Sometimes, contracts stipulate the method or form of cancellation, which might include sending a formal letter or notice. Others might accept an email or a written statement. However, it's crucial to ensure that whatever method you choose meets the legal requirements and the terms of the agreement. If you're unsure about the appropriate method or if your agreement doesn't specify, it's a good idea to reach out to the lawyer or their firm directly to confirm the correct procedure for canceling services. This can prevent any misunderstandings or potential issues down the line. 

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

- You can choose any mode for changing the lawyer , it can be by way of sending a legal notice or email , and affidavit is not needed. 

- Further, on the date of hearing you can also inform the court for replacing the said lawyer with whom you are not satisfied. 

- Further, a written NOC is not mandatory from the said lawyer to replace him . 

- You have your legal right to engage a new lawyer , and the Court cannot refuse for the same. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer