Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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transfer advocates by client

(Querist) 04 February 2009 This query is : Resolved 
Sir, my one client's accidental case i handle properly from last four year. now the case nearly the solution.other advocates r interfer to the my clients and ready to give him some benifit more than me .so my clients now wants to change advocate. i have spend some money to gather the documents and etc. now what i have to do?
Jainodin shaikh (Expert) 05 February 2009
M.A.C.P. are civil cases. Other advocate will require N.O.C. from you before filing vakaalatnama in the matter; at this time you can demand all your remaining fees from your client, but you can not demand the expenses you have made in collecting the required documents. If you client fails to pay your fees then you can file a suit against your client for the recovery of your fees. Professional ethics says that no advocate should invest his money in his clients case.
M. PIRAVI PERUMAL (Expert) 05 February 2009
This is unfortunate situation is faced by most of the advocates. Before giving NOC you demand your fee and expenses incurred by you. You can also seek the interference of the bar association as you have said that another lawyer is interfering. It is sad our own fraternity member interferes . . .
sanjeev murthy desai (Expert) 05 February 2009
Absolutely right above veiw,

smilingadvocate (Expert) 05 February 2009
First give a complaint with the Bar council against the advocates for soliciting your work and then if your client want to change you demand your fee as per the supreme court decision you cannot hold the file you have to return and then claim the fee you are lucky if you get your fees at the time of returning the bundle.
RAKHI BUDHIRAJA ADVOCATE (Expert) 06 February 2009
I do agree with the views of my all friends, they are absolutely right.But the complaint in Bar Council is the alternative step if the other lawyer files his vakalatnama before filing your noc & proceeds in the case.
Ravi Arora (Expert) 06 February 2009
This is very unfortunate but brother many of us facing the same problem. Some must take proper action against these advocates as our learned brothers are saying

DON BOSCO Proprietor of DON As (Expert) 09 February 2009
I do agree with the views of the above reply... i am also faced the same problem. But, i have recovered the amount that what i spent.
Adv.Shine Thomas (Expert) 12 February 2009
I do agree with the above views

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