advocate not presenting our case
naveenraj jain
(Querist) 08 August 2014
This query is : Resolved
Respected sirs
My Advocate is not appearing for our case. He filed vakalath written objections and IA. But not yet argued the case. He is demanding more fees to do so than agreed. Case is called for two hearing but no appearance of our advocate. What may happen on third time hearing if my Advocate is not present. Neither he is ready to give noobjection for the case. I'm helpless.
Devajyoti Barman
(Expert) 08 August 2014
Better to avoid him and engage a new advocate.
naveenraj jain
(Querist) 09 August 2014
I cannot engage other advocate unless there is no objection letter
Advocate. Arunagiri
(Expert) 09 August 2014
File a memo in the open court, to with draw your advocate. In the subsequent hearing, appoint a new advocate.
Dr J C Vashista
(Expert) 09 August 2014
Engage another lawyer to represent you even if he is unwilling to give NOC
malipeddi jaggarao
(Expert) 09 August 2014
Since the case is hearing stage, settle the issue amicably. As he is trying to take advantage, you be tactiful, give some fees and promise him for payment after the case is finalized. You the pay agreed fee at that time.
If you feel that he will not take up the case properly because of this problem, ask NOC. If he denies NOC, file a memo in the court for change of advocate withdrawing the present advocate and on the next adjournment, you can give fresh vakalat to another. But avoid this step as far as possible.
naveenraj jain
(Querist) 09 August 2014
Thank you all honourable experts
Rajendra K Goyal
(Expert) 09 August 2014
Engage another lawyer, agree with the experts.
V R SHROFF
(Expert) 09 August 2014
Engage another Advocate// with Application to Court that the Adv do not appear..
Guest
(Expert) 09 August 2014
Well advised.
ajay sethi
(Expert) 09 August 2014
inform court that you dont want your advocate to appear on your behalf .issue said advocate on record . notice for discharge . even if said advocate dosent give NOC court will permit you to engage advocate
T. Kalaiselvan, Advocate
(Expert) 11 August 2014
I too agree with the advises of experts, you may inform the court on the next date of hearing that you are withdrawing your vakalatnama given to that advocate in view of his non-performance and you may request the court t permit you to engage another advocate with out NOC from the previous counsel, you will get relief.
