ashok kumar (Social Worker) 18 September 2014

How to change a lawyer?

Process of Change of Lawyer

In a Criminal case, the lawyer communicated a wrong date, due to which, the bail bonds were cancelled (even the Lawyer did not appear on the real date, which means there was a mistake on the part of the Lawyer in noting the date). The accused had to remain in Jail for 40 days for no fault of his. He got bail from the HC only after spending 40000/- extra and 40 days in jail for no fault of his. Now when the accused wants to change the Lawyer, the new Lawyer is asking a NOC from the previous Lawyer and the previous Lawyer is blackmailing the accused by asking an undue 25000/- Rs more before he gives the NOC.

What is the remedy with the accused, keeping in mind the notorious Bar Unity in advocates?

Reply Follow

5 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 18 September 2014

No NOC needed for change of advocate in criminal cases.

Hardeep (Business) 18 September 2014

1) AFAIK there is no requirement of NOC to change lawyers.

2). It is settled law that a lawyer doesn't have any lien on case papers and is bound to return them if asked by his client.

3) Serve notice on existing lawyer clearly substantiating and evidencing his carelessness, canceling your authority and asking for your case papers back. A case may lie in the Consumer Forum also where you don't need any lawyer and even the " common man " can fight incompetent service providers.

Seniors may please comment / assist. It is incidents such as these which malign the whole community.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

ashok kumar (Social Worker) 18 September 2014

A BIG OPEN THANKS TO U HARDEEPJI for being so systematic and clear in your reply

U know with the generosity of fellow humans liek u I will be able to mitigate a bit of the sufferings of the poor (Mine is an NGO) who keep on coming to me with these kind of real life problems which dont have easy solutions!

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 18 September 2014

After filing a fresh vakalatnama by the newly appointed lawyer, the previous lawyer would automatically be discharged from your case. So no need to worry and go ahead.