NOC

b B Raju (Querist) 22 January 2018 This query is : Resolved
Is NOC is necessary to withdraw an advocate from the case? What is the next alternative if the advocate refuses to give NOC?

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Guest (Expert) 22 January 2018
Make request to the judge to permit change of advocate.

Guest (Expert) 22 January 2018
Yes NOC necessary, otherwise get permission of the court.

Vijay Raj Mahajan (Expert) 22 January 2018
Rule governing Advocates under the ADVOCATE ACT provides: Chapter II Section IV Rule 39
An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court.

Guest (Expert) 22 January 2018
Apparently, Rule 39 of Section IV of Chapter II of the Advocates Act, has a need for review. The Rule, of course seems to be one sided only and is meant for the other lawyer, as of his conduct, as a lawyer to observe, but does not seem to prohibit the client to change his existing lawyer or to give vakalat or memo of appearance to be filed in addition to his existing lawyer, subject to change. Of course, the new lawyer would be obliged to take permission of the court to appear on behalf of his client on the basis of the vakalat to him.

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