My lawyer, not handing over the brief & consenting to noc

SABIR AHMED (Querist) 05 July 2017 This query is : Resolved
Dear Expert,
I have asked my advocate to hand over the brief of my civil suit and sign the NOC. Since, more than a year, I noticed that he was not handling my case with reasonable sincerity. Moreover, I found him short of professional ethics. So, I want to hand over the case to some other advocate, referred by one of my friends. But, neither, he is handing over the brief, nor, he is giving consent for NOC. Unnecessarily, he is buying time. A week back, there was a court date. He never appeared and asked for his fees for the day. Next date of the Hearing has been fixed by the court after 3 months. In this way, he is lingering the case. So, What should I do in this situation, that, he is not relieving himself from the civil suit filed by me.? The jurisdiction is, Kolkata. Till date all my advocate's fees has been cleared by me.

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R.K Nanda (Expert) 05 July 2017
ur lawyer has to give NOC to you as you have paid his full legal fee.but if he refuses to give NOC to you then you can file complaint against him in concerned state bar council.

R.K Nanda (Expert) 05 July 2017
change your lawyer also.

Kumar Doab (Expert) 05 July 2017
Change your lawyer and engage a a very able local senior counsel specializing in civil matters and share the facts of payment of full fee and brief also.

adv. rajeev ( rajoo ) (Expert) 05 July 2017
If advocate is not ready to hand over your case and not conducting the case then you issue legal notice of termination

A. A. JOSE (Expert) 05 July 2017
If you have already cleared his legal fees, it is unethical of him to withhold your case papers. Apart from complaining the State Bar Council concerned, you may also give fresh Vakalatnama to another Advocate and inform the Court about the same on the next date of hearing. There have been verdicts of the apex Court that even if the fee are unpaid, Advocate cannot hold on the brief of their clients.