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Discussion > Civil Law > compromised lawyer and change of lawyer   Unanswered Threads Post New Topic

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def PERSONNEL


service
[ Scorecard : 74]
Posted On 31 May 2011 at 20:32 Report Abuse

Dear Sir,
I have filed a civil suit for eviction of flat against my brother. My lawyer misled me telling me that the case can be filed only after 2 months of giving legal notice and finally after a lot of persuasion he told me that he case has been filed on 22 March 11. He did not give me the copy of the suit filed. I regularly requested him to give the suit copy which he did not give. On 20 May 11, one of my defence friend told me that perhaps my lawyer has not filed the case as yet. I called my lawyer to give me suit copy if he has filed it, my lawyer did not respond to my repeated call. I send him a sms to which again he did not respond. Finally I send him an sms telling him to not file the case if he has already not done it. He gave the case no with out telling me the date of hearing. Finally i came to know that the case has been heard on 25th May 11. The information about the date of case hearing was informed to my opponent \,because the hon,ble judge agreed to make my brother a party in the case through his lawyer. This and various other incidences suggest that my lawyer has compromised my interest. Now I wish to change the lawyer, but i am told that I can not change the lawyer unless an NOC is given by the existing lawyer. Kindly advise

A) Can I make complaint to some authorities about the cheating by my lawyer.
B) Is there any way to change the lawyer if my present lawyer continue to refuse to give me his NOC



LiveAndLetLive


Engineering
[ Scorecard : 892]
Posted On 31 May 2011 at 22:46 Report Abuse

It actually depends on the new lawyer whether he wishes to accept your case without NOC. In fact, this NOC thing is not a legal requirement, but their personal requirement.

I think you will not have much difficulty finding a new lawyer even without NOC. Just go ahead and sign up a new one and make him stand for you.

Generally you should avoid complaining agianst your previous lawyer, but if the matter gets really serious one and he is at genuine fault then you can complain against him at the Bar Council!



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