• Cancelling a Vakkalathu and Getting an NOC from my Advocate

My Advocate is fully supporting opponent. from 1994 we believed and our case as wellas IAs got Dismissed several times. for the past 8 months our advocate is receiving counter from respondent, never says or shows to us. no reply for that, due to that automatically our case getting dismissed frequently. many and many to say, fed up and felt life time sadness, I need a clear format to cancel the vakkalathu given to my advocate as well as i need to send a letter to him with acknowledgement and need a NOC from him. Kindly help me.
Asked 7 years ago in Civil Law

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8 Answers

1)ou can issue notice to advocate that you do not want to engage his services any more as he has continuously remained absent before the court on various dates and failed to forward applications received from your opponent . send notice by registered post Ad . based on said acknowledgement of receipt of service you can apply to court to permit you to engage another advocate . even without NOC court can permit you to engage another advocate

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1) it is better you engage lawyer to defend your case

2)if you dont want to engage any lawyer on next date of hearing inform the court that you would like to appear in person and defend your case

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Carry a blank vakaltnama and get his NOC written ans signed by him.

Then give the same vakalatnama to another lawyer to engage him afresh.

Do not manage your own case. Rely on an advocate and this time remain present on each court date.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You are free to engage another lawyer for your case as his vakalatnama will supersede the vakalath of your current vakalathnama. If he is denying a NOC then issue him a legal notice to give the NOC and thereafter you can either appear personally or engage another lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yea u can complaint for that advocate in bar association and if proved he might get his license suspend

You can also appear as party in person for ur case but it is not advicable.

Hire a good lawyer

Shivam Sood
Advocate, Ludhiana
111 Answers
1 Consultation

4.2 on 5.0

You can either approach him in person and express that you are not willing to retain his services anymore and request him to give NOC, if he is not agreeing or not cooperating , you may issue a letter in this regard under registered post, keep a copy of the same in your possession and submit the same before the court in the next date of hearing along with a petition requesting court to permit you to engage a new advocate in his place for the reasons stated in the letter addressed to the advocate which has been enclosed in the petition therein.

You can get the desired relief accordingly.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Kindly advice me, how to appear myself for my case . give me a template or form or format please.

You can request the court orally to permit you to appear as party in person, the court will ask you to file a memo in this regard.

You may file a memo stating that since you do not want to retain your advocate in this case anymore and would like to appear yourself as a party in person, you may be permitted to do so, the court will pass orders on the memo and after that you can appear as party in person in your case.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

you can get no objection vakalat from your advocate on record at any time and it is your right. any advocate can't deny for giving no objection vakalat in any case if client wants to change his advocate. you can ask orally or in writing still if your advocate won't gave no objection vakalat then you are at liberty to file an affidavit before concerned court for changing advocate by stating your grievance and than the court will permit you to engage another advocate of your choice .

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

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