Lawye refusing to give noc

rahuldas (Querist) 15 December 2015 This query is : Resolved
Respected Sirs and Madams,

My civil case in family court is in argument stage. My lawyer is not attending the case and last two dates he didn't appeared. My next date is approaching and he is still not giving me any time to discuss despite of trying to reach him multiple times over phone and SMS.

Today I visited his office and he is saying that he is busy with other important cases and not interested in taking my case further. He is asking me for fee if I need NOC which I already paid. He has charged me in advance and for every visit he or his assistant made.

I am helpless and not able to understand what to do.I discussed with another lawyer but he needs NOC.

Please guide. What are my options if he doesn't give NOC. Can I keep another lawyer as an additional lawyer and let him do the argument? I hope that doesn't require NOC

Please guide

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P. Venu (Expert) 16 December 2015
You may bring the matters to the notice of Court and seek permission to engage another advocate.

Rajendra K Goyal (Expert) 16 December 2015
Discuss with another lawyer and ask him to arrange for the NOC.

K.S.Srinivas (Expert) 17 December 2015
1. You have every right to change your Advocate at any stage of the case. Reasons need not be given.

2. You can file an Affidavit in the Court expressing wish to change your current Advocate.

3. It is the duty of the present Advocate to give NOC provided his legal fees till date has been cleared by a you. He cannot refuse to give NOC on flimsy reasons. He cannot even withhold client files / record. Existing Advocate may take action against you only in case his legal fees is not cleared.

4. Take the assistance of the local bar council for changing the advocate if the existing one is not cooperating.

Advocate. Arunagiri (Expert) 17 December 2015
Step 1 :- File a memo in the court stating that you want to appear as party in person by withdrawing your vakalat. The court will allow it.

Step 2 : In the next hearing engage a new advocate to your choice and file new vakalat.

In the above steps, NOC is not needed.