Without obtaining n.o.c of previous advocate, i filed my vakalatname

Querist : Anonymous (Querist) 07 September 2011 This query is : Resolved
dear Sir/Madam,
In the court of C.w.c., mumbai, i have filed my vakalatmana without obtaining N.O.C. from earlier advocate.
The earlier advocate was demanding 70%fees of claim amount from the payment of insurance. Hence applicant appoint me, and also suggested that not to make any allegation as the fact against earlier advocate in the court bcoz go further in the proceeding.
i also did the same, coz i also didnt want to make any such allegation that he is demanding such huge amount of money for the fees which would be coz dangerous for his career coz i m also an advocate. and i had gone further without allegation.
Now, the earlier advocate made complaint against me in the bar council.
i m asking wht would hapn tht i had gone further without obtaining his vakalatnam. should i make any complaint against him in bar council and in d court. what is the middle way for the solution.

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Guest (Expert) 07 September 2011
Dear Anonymous,

Although it is a professional misconduct to file a vakalatnama without the consent of the existing advocate, but you can present your case as a matter of ethical issue towards a client, as the advocate's demand of 70% of the amount of the claim was also quite unreasonable, unethical and a more serious type of professional misconduct towards his client. If that be the case, I am sure, your client can also stand in support of your cause.

Shastri J.K. (Expert) 07 September 2011
vakalatnama can be file without the consent of earlier advocate, but with application for permition.

prabhakar singh (Expert) 07 September 2011
File reply as facts are and take support of your client for adducing his evidence.

M/s. Y-not legal services (Expert) 07 September 2011
You have a good reason for your change of counsel. Hence no need no objection. Just issue a private notice as registered post to stop his further proceedings in your case. Also cancel his vakalat through that registered post..