MileyShah 01 August 2017

Noc to change advocate

Is NOC compulsory ? And is there any way around it. I want to change Advocate and he is asking for Rs. 50,000 just for giving NOC.

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7 Replies

Prakash Kadam (Advocate & Trademark Attorney) 01 August 2017

There is a judgement on this point that NOC not necessary, party can choose their own choice Advocate.

MileyShah 01 August 2017

Could you please guide/point me to that judgement.

Sachin (N.A) 01 August 2017

NOC is not mandatory.

Here is the judgement

https://www.livelaw.in/karnataka-hc-asks-registries-accept-vakalatnama-new-advocates-without-insisting-noc-previous-ones-read-order/

Kumar Doab (FIN) 01 August 2017

NO fee for NOC. Clear the pending payment as agreed, if any .

Kumar Doab (FIN) 01 August 2017

Handover the case file to other lawyer chosen by you as suggested to you in other threads and sign Vakalathnama. The next senior counsel can help you.

Kumar Doab (FIN) 01 August 2017

Your current lawyer seems to have enough damage to you, may be becasue it was not his matter of expertise/competence/experience or he did not prepare at all.

Your matter is complicated.

All the more complicated, due to lower court having pronounced guilty.