change of vakalat

Rajeshkumar (Querist) 18 February 2016 This query is : Resolved
How to change the advocate for civil case? The advocate from my side got a amount from defendents and supports for them. Also demanding my family to undergo the defendants demands. We like to change the advocate but my doubts are:
1. Without getting permission from that advocate can i change the advocate?
2. How to get the case cuts officially to change advocate?
3. Without that advocate permission can i get case cuts for this case officially in court?
4. where to complaint about that advocate? Is there any council or organisation to take legal action on him?
Please help me...

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Devajyoti Barman (Expert) 18 February 2016
You can change advocate at any point of time at your will provided his legal fees are cleared.
If he refuses to give 'no objection' you can engage new advocate with the permission of court.

Rajeshkumar (Querist) 18 February 2016
Also advocate did't gave the case copies regarding that case. How to get the case copies without the permission from that advocate officially?

Rajendra K Goyal (Expert) 18 February 2016
You can change with the permission of the court, if your Advocate refuse to provide NOC.

Adv. Yogen Kakade (Expert) 18 February 2016
Mention the issue personally before the court on your date for the permission to submit new vakalatnama and also present an application for getting the certified copies of the case documents available with the court.
Just go for proper Leave and license agreement, get the stamp duty and registration charges duly paid and get it registered with the office of the sub-registrar. Keep the clauses of term of the period of lease, charges, defaults, no tenancy rights and notice period thoroughly in the agreement.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888

Dr J C Vashista (Expert) 19 February 2016
Even after payment of legal fees (due) the previous advocate do not hand over the brief to you, you may obtain its certified copy from the Court for further/proper proceeding in the case through substituted lawyer and file a complaint before Bar Counsel and/or Consumer Fora, as advised by your "newly engaged" lawyer.