Regarding vakalatnama
priyanka
(Querist) 25 April 2014
This query is : Resolved
Dear Sir,
Please guide me on the following context....
In the high court, I had appointed a lawyer, who filed stay vacation application there but later, he does not persuaded my case. Due to which I had changed my lawyer. Later on, I found that my earlier lawyer started interfering in my case (as per the instructions of my husband)and started attending the hearings on behalf of me because still his vakalatnama file as my representative. As a result of that, I started suffering losses in my case.
What should I do to stop my first lawyer from attending the dates?
Or Should I will move any application in this regards?
Devajyoti Barman
(Expert) 25 April 2014
You should have first taken his NOC and then engage a new one. Ask for NOC from him. He without yours instructions can not appear in your case. Such conduct is professional misconduct which enables you to file case against him in Bar Council.
priyanka
(Querist) 25 April 2014
sir,
If he does not give NOC for this...
Devajyoti Barman
(Expert) 25 April 2014
He is bound to give unless his fees is due.
You can lodge complaint against him in Bar Association as well as Bar Council for this.
Devajyoti Barman
(Expert) 25 April 2014
He is bound to give unless his fees is due.
You can lodge complaint against him in Bar Association as well as Bar Council for this.
R.K Nanda
(Expert) 25 April 2014
ask ur previous lawyer to give NOC and then file it in court and then he cannot appear in ur case in said court.
T. Kalaiselvan, Advocate
(Expert) 28 April 2014
Besides lodging a complaint against your previous lawyer in the Bar association/bar council, you may appear before the court in person and inform the court about this and let your new lawyer accompany, there is a procedure to change the lawyer without getting NOC too by filing a memo/petition before the concerned court as party in person explaining the situations that warranted to change of lawyer, your new lawyer may be approached for the procedure in this respect.
