(Querist) 15 December 2021
This query is : Open
In criminal case advocate not appearing for the applicant/complainant due to which client had to suffer. Can advocate be changed without informing the previous advocate.
Adv K Rajasekharan
(Expert) 16 December 2021
Appointing a new advocate without informing the previous one is not permissible.
To change him, you must inform him in writing about cancelling his Vakalat and seek his consent letter (NOC) for appointing a new one.
If he gives the consent letter, you can straight away sign the Vakalat with the new advocate, who in turn will present the other advocate’s consent letter and your Vakalat to become your new advocate.
If he refuses to give you the consent letter, your new advocate can seek the permission of the court by filing a copy of your correspondence with your previous advocate in regard to his replacement, and then can become your new advocate.
The court will have to give permission, without any hesitation at all, as per some SC judgements.
Dr J C Vashista
(Expert) 17 December 2021
Theoretically sounds well but practically apposite.
(Querist) 18 December 2021
Advocate informed in writing as his services not required as he was not appearing in case due to which client had to suffer.