Lawyer refused give noc
Mee Shh
(Querist) 26 July 2025
This query is : Resolved
In the criminal(498a, since 2019) and maintenance cases(125 crpc since 2023) against me, my lawyer has been delaying for years without doing cross-examination. Now the court has given a final opportunity on 05/08/2025, but even on that day, he said that he has some other work and will not be able to come. When I object his act he is saying that he will give NOC only if I give 3 lakhs . Now how can I hire another lawyer without NOC? If no lawyer will represent me without NOC, then I want to pursue the case myself without any lawyer, please advise me on how to apply to the court in this regard.
T. Kalaiselvan, Advocate
(Expert) 26 July 2025
You can issue a legal notice to the current lawyer intimating your decision to terminate the vakalatnama given to him from immediate forthwith and demand the return of the case bundles as well as to furnish NOC.
Keep a copy of this communication as documentary evidence in a memo to be filed subsequently in the trial court intimating the court that you have terminated the vakalatnama to the current lawyer and you are looking for a new lawyer to take up your case shortly hence to adjourn the hearing.
You can file a memo directly before the trial court on the next date of hearing as suggested and in the meantime you may look for an advocate to take over the case or appear as party in person with the permission of court
Dr. J C Vashista
(Expert) 27 July 2025
Replace him/ her immediatly even without waiting for NOC, issue legal notice qua termination of vakalatnama and demand case file along with refund of excess fees paid to him / her.
Mee Shh
(Querist) 27 July 2025
Sir to be frank I dnt want to give a notice to my Lawyer. So can I proceed without giving noticed to my lawyer? Instead of this, Iis it possible to submit memo to court that im terminated my lawyers's vakalath and wait for court's further order.
T. Kalaiselvan, Advocate
(Expert) 27 July 2025
Yes, you can file a memo before the trial court communicating your decision to terminate the vakalatnama given to the current lawyer and your intention to engage a new lawyer and seek time until then, the court will consider your request and record the memo terminating the vakalatnama given to current lawyer and allow you time to engage the services of a new lawyer.
Dr. J C Vashista
(Expert) 28 July 2025
No need to issue notice to the existing lawyer, however, if notice is issued it can be used in complaint for deficiency of service or filing suit for recovery / refund of fees.
P. Venu
(Expert) 30 July 2025
You can engage another advocate, even in the absence of NOC, with the permission of the Court.
Dr. J C Vashista
(Expert) 31 July 2025
In order to protect your interest it is better and advisable to contact and consult another local prudent lawyer for inspection of judicial file, analyse the circumstances, form proper opinion, professional advise and necessary proceeding
