Change of advocate in case
Mahesh Upadhayay
(Querist) 19 July 2017
This query is : Resolved
What is the procedure to change an advocate in criminal case...?
Kumar Doab
(Expert) 19 July 2017
Approach another lawyer...............
M V Gupta
(Expert) 19 July 2017
You can take back the brief given by you after paying dues if any to the Advocate. You have to sign the vakalat in favor of your new advocate and get it endorsed by your earlier advocate that he has no objection to the new advocate taking over the brief.
Mahesh Upadhayay
(Querist) 20 July 2017
Thanks M V Gupta, actually FIR registered around 1 and half year back and still the case is not started on board... and i have doubt my advocate has taken bribe from other party... thats why i asked the question....
Kumar Doab
(Expert) 20 July 2017
Your query has been replied.
Now it is upto you.
Kumar Doab
(Expert) 21 July 2017
If you have paid the fee for the case and nothing has been done by your advocate,......................then the said advocate is unworthy to be your advocate............
Nothing seems to be pending.
Change the lawyer.......
You have already given very long time........
Kumar Doab
(Expert) 21 July 2017
Or there is NO scope in the matter itself that you have handed over to the advocate.
Obtain second opinion from a senior local senior counsel of unshakable repute and integrity specializing in concerned filed of law............
M V Gupta
(Expert) 21 July 2017
You state that FIR was registered one and half year back; then it is for the Police to investigate the complaint filed by you and if they find that there is prima facie evidence then it is for them to file the charge sheet in the court. Your Advocate has no role to play in the matter except to follow up with the Police. Further if the complaint filed by you is for a petty offence or non cognizable offence, the police may not take any action.
Kumar Doab
(Expert) 22 July 2017
If you are sure that your own advocate has collected money/favors from OP's and/or has not handled your matter sincerely then change your advocate and let others in your groups also know traits of this advocate...............
If your matter has NO merits then advocate could have told you point blank..............
If you advocate has done the best that could be done then don't blame the advocate...............
