NOC & arbitration

Adv.Aiyer VLV (Querist) 05 January 2014 This query is : Resolved
Whether NOC from former counsel mandatoty or courtesy?
To be co-counsel additional Vakalath with note appointed as co counsel or combined Vakalath to be filed?
Thanks and regards

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ajay sethi (Expert) 05 January 2014
you cannot file your vakalatnama unless earlier advocate on record gives his NOC .

if advocates refuses to give NOC issue him notice for discharge . send letter by Regd post AD . then move registrar for discharge of advocate

you can file joint vakalatnama if you want 2 advocates to appear on your behalf .

prabhakar singh (Expert) 05 January 2014
N.O.C. IS REQUIRED FOR EARLIER ADVOCATE'FEES
IS PAID.
HOWEVER A LAWYER DOES NOT HAVE ANY LIEN OVER
BRIEF OF HIS CLIENT FOR HIS FEES DUES.

A COURT CAN ENTERTAIN NEWLY ENGAGED ADVOCATE
EVEN WITHOUT N.O.C.

TWO OR MORE ADVOCATES CAN FILE SINGLE JOINT VAKALATNAMA.

Adv.Aiyer VLV (Querist) 05 January 2014
Thanks mr. Ajay seth and mr. Prabhakar singh
So arbitration proceedings need vakalath. It is not Like trademark on Power of.attorney
I have this doubt since It is not mandatory only Advocate appear in arbitration
Regards

prabhakar singh (Expert) 05 January 2014
ENGAGEMENT OF ADVOCATE IS NOT REQUIRED ANY WHERE.

BEFORE ARBITRATOR NOT VAKALATNAMA BUT POA WOULD BE REQUIRED.