Non apperance of advocate

raju (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.

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If your advocate fails to appear in court, causing you to suffer, you have the right to change them. While it's best practice to inform your previous advocate in writing that their services are no longer required, you may need their consent or a No Objection Certificate (NOC) to appoint a new one. If they refuse, your new advocate can seek court permission to represent you, often granted based on Supreme Court rulings.

kavksatyanarayana (Expert) 15 December 2021
Tell him the fact and change your lawyer.

Dr J C Vashista (Expert) 16 December 2021
You must inform your lawyer.

raju (Querist) 16 December 2021
Do need to inform previous lawyer for change of lawyers or any NOC required

Sudhir Kumar, Advocate (Expert) 16 December 2021
go ahead

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.

raju (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.

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