Lawyer torubles to client
hemantha
(Querist) 11 October 2011
This query is : Resolved
My dv case oral arugements completed initally he asked the fees 25,000/- by the time oral arugment started he recieved the fees almost 35,000/- and bymail me if you pay another 30,000/- only i will argue somehow through loans i paid him another 22500/- oral argument completed without citations now asking him to file the written arguements and citations he is not ready and not coming to the court the Most important thing i only prepared the written arguemtns and citattions with help of internet websites and the written arguement he studied and told very good also but not ready to file to the court at this stage can i file myself written arguemnts and citations directly to the court without noc or i have ask noc from him if he is not willing to give what i should do?
Arun Kumar Bhagat
(Expert) 11 October 2011
If you are not satisfied with your lawyer then you change him but before doing any thing like filing written arguements etc. do consult some legal brain.
WHATSAPP 91-8075113965
(Expert) 11 October 2011
NOC or consent of the previous counsel is must, before engaging a new lawyer .
SALILKUMAR.P
ADVOCATE
THALASSERY-1
MOB : 9447536929
Raj Kumar Makkad
(Expert) 11 October 2011
NOC is not a hard and fast rule in practice especially in the given circumstances, a client cannot be made a bonded donkey to bear the weight of such black-sheep of this noble profession.
As advised, you should consult some lawyer prior to filing of your written argument and citations. You can file but with full caution and care.
ajay sethi
(Expert) 11 October 2011
if your lawyer is not appearing in court you cna request him to return the brief . if you wna to engage another lawyer request him to give an NOC .
advisable to get written arguments vetted by a lawyer before filing
prabhakar singh
(Expert) 11 October 2011
Of which place this case is??
For a DV case it appears Ransom and not the fees.Has he issued you receipt of the fees charged.NOC is a rule but not such a great compulsion.
you might have labored in making the written
argument yet it is desirable that a legal brain examines it before filing .
Shailesh Kr. Shah
(Expert) 12 October 2011
As advised by all experts, you should change advocate.
Swathi S Bhat
(Expert) 12 October 2011
Sir,
If you are not satisfied with the service of your advocate, you can directly ask him to give you a retirement memo. Then also if he is not willing to give the retirement memo, you can send a legal notice with RPAD with the help of an advocate (whom you want to engage)stating that you want his retirement memo or NOC and will engage another advocate. It is the right of the client to engage any advocate whom he desires. The client is having every liberty to change his advocate when he is feeling that he is not getting a good service from his advocate.
V R SHROFF
(Expert) 28 July 2013
DV case is neither strictly civil, nor strictly criminal, but a combination of both the Cr.pc and CPC.
And under Criminal cases, one do not need NOC of Advocate to engage another one.
So u can engage another Advocate, informing the court that u hv no more confidence in ur present Adv.
