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change ofcounsel

(Querist) 06 July 2009 This query is : Resolved 
I have changed my counsel. Now my previous lawyer is delaying returning my files making some or the other excuse. Presently he says he is going out of town. My court dates are close and my new counsel is unable to study the papers. The old counsel is not attending the phone calls however he has emailed me & said when he is back he will give back my files after taking a 'NO Dues ' from me.

All payments are clear from my side.

Why does he want a No DUES form Me. & When should I get him to sign the NOC's in the Vakalatnamas ? Can he refuse to sign them ? If so Why ? Please Help.
Y V Vishweshwar Rao (Expert) 06 July 2009
it may be - file /documents / records / are not due from him/ advocate -

ie;- file / all records / documents are returned to you- appears to be acknowledgment of records / file - papers etc !

While endorsign no objection on the vakalth of other advocate he may be intending to take an acknowledgment form you to the effect that file / all the documents are returned to you
PALNITKAR V.V. (Expert) 06 July 2009
Perhaps, the advocate wants to be on safer side. Hence he wants no dues clearance. Legally, he can not refuse to sign NOC. At the most he can sue for his fees but can not retain your papers.
Shashwat Shukla (Expert) 06 July 2009
Dear Kalyani,
Your previous counsel only wants NOC from your side because when he returned your all papers you may write a simple letter addressing to your counsel that all the relevant papers are return to me and now there is no any transaction in between you and your earlier counsel is pending. Nothing else. and your don't worry about that.
kalyani choudhury (Querist) 06 July 2009
My lawyers clerk on asking has said that my previous counsel will sign on a blank vakalatnama form and write NOC on it. Is that how an NOC is given ?

Or should NOC be written on the vakalatnama I have signed for my new counsel ? Please clarify since I am not sure how it is done OR whether there is a separate NOC form which is to be signed.

Regarding the files to be returned to me -What papers I should I check ? There should be some court stamped doc. too.
Kiran Kumar (Expert) 06 July 2009
ur lawyer is correct Madam,

u should check all ur original papers and the relevant documents r returned to u.

dont worry, he will oblige u.
Y V Vishweshwar Rao (Expert) 06 July 2009
Yes - No objection on New Vakaltah - The Previous Advocate will endorse on the New/blank Vaklath that he has no objection for filign Vakalath by other/new advocate in the case
On the said No Objection Vakalth you can sing appointing a new Advocate

The suit /case bundle will be returned to you
SANJAY DIXIT (Expert) 06 July 2009
I agree with the above views. GO WITHOUT HESITATION. Overall advocates are human being first & only the advocate is there who fights for another person.

Best Wishes,
Sanjay Dixit Adv.
a.manoharan (Expert) 07 July 2009
Dear Kalyani Choudari,
I agree with the above views. GO WITHOUT HESITATION. Don't suspect previous counsel's professional best conduct , trustworthy and his honesty without any mistake on him. The advocate fights for the welfare and protection of another person .
kalyani choudhury (Querist) 07 July 2009
Dear Mr.manoharan,

There is nothing left to suspect. my previous counsel stopped attending our hearings inspite of advance payments. My case was being deliberately neglected. We were forced to change our counse bec. of his conduct. The advocate surely fights for others but at a very heavy cost to the litigant. NOT For FREE.
Jayashree Hariharan (Expert) 07 July 2009
Hi. You don't have to worry so much about the papers. At what stage is ur case? have you given all the original documents to ur previous lawyer? If evidence is over, he would have submitted all the originals in the court. As for the plaint copy, evidence sheets, etc. you can take the same from the court, by paying fees. After all, u r a party to the case. Your new lawyer may be knowing all this, pls discuss with him.

Regards NOC, no lawyer can say no to signing NOC. Ur contention that ur lawyer did not attend ur case, wl be recorded by the judge. so u don't have to worry. it is not ur fault. Ur lawyer has to sign the NOC. keep track of him.

Best wishes.
kalyani choudhury (Querist) 07 July 2009
Dear jayashree,
Thanks ! I am pretty worried since my previous lawyer never kept us informed about the different steps /stages of a court case /our case was in. He was very secretive.

Can you elaborate thro' what stages the case passes thro' after we file a case in the ist stage. In my case it was a probate case filed by my brother. In fact we, Though educated are not aware of the legal term like -evidence, rejoinder ,argument. etc. What stage comes after what?Can you enlighten me ?
Khaleel Ahmed (Expert) 13 July 2009
If your counsel refuse to issue no objection on vakalath. You can file affidavit and petition before the court where your case is pending. The same can be inform to the State Bar Counsel for further action against your counsel.
Chittaranjan Bairisal (Expert) 17 July 2009
First of all the concerned counsel may be asking No dues from you for his safety. Secondly an advocate does not have power to retain the brief ( record ) of the client even he is not paid his fees. If he does not give, recourse is to file affidavit in the court and raise the issue before the concerned Bar council of the State.

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