Replacing advocate in high court

Vijay Bhaskar (Querist) 07 November 2023 This query is : Resolved
Dear Sir,

May I please know the process to replace the Advocate in High court after paying fees and no objection. Should any petition filed by previous Advocate too should be withdrawn to allow fresh petition or new advocate can continue on same old filed number by previous Advocate. Thank you

Regards
Vijay

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Quick Summary

This discussion explains the process of replacing an advocate in the High Court. You'll need to obtain a No Objection Certificate (NOC) from your previous advocate, preferably on the new advocate's vakalatnama. The new advocate can then continue the case using the existing case number. It's important to note that any statements or assurances made by your previous advocate remain binding unless there's evidence of fraud or misconduct.

kavksatyanarayana (Expert) 07 November 2023
You are changing the advocate but not by the court and hence the case number of the court will not change.

Vijay Bhaskar (Querist) 07 November 2023
Thank you very much sir

T. Kalaiselvan, Advocate (Expert) 08 November 2023
You can obtain NOC from the previous advocate on the vakalatnama to be given to the new advocate after which the new advocate will continue the old case from the stage by which it was discontinued b y the previous advocate

Vijay Bhaskar (Querist) 08 November 2023
Thank you so much sir

T. Kalaiselvan, Advocate (Expert) 09 November 2023
You are welcome for your appreciations

S.JEEVAGAN, Madurai. (Expert) 21 November 2023
Dear Sir,
You should obtain "No objection" from your previous counsel preferably on the vakalatnama to be filed by your new counsel in the same case. Once the change of vakalatnama is filed by your new counsel, he / she can continue handling your case. However, any statement or assurance made on your behalf by your previous counsel will be binding on you. Just because new counsel started handling your case now, you cannot disown the statement / petition made by the previous counsel at any point of time in your case unless you make out a case of fraud or misconduct against your previous counsel.

Vijay Bhaskar (Querist) 29 January 2024
Sir, May I please ask a follow up question. If case is "Admitted" then one needs to get NOC/No objection from the advocate. But if the case is adjourned during initial "For Admission" with usual order to service notice to the other party in X weeks time. Does such case too require NOC/No objection. Appreciate your response.

kavksatyanarayana (Expert) 29 January 2024
Yes. It requires NOC........................................

Vijay Bhaskar (Querist) 30 January 2024
Thank you very much sir

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