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Mahesh kumar Orchu (student)     26 March 2023

Approaching another advocate without noc.

Greeting for the day,

I approached an advocate for particuler case, we fixed one price for sorting the issue. 
After paying two installments advocate denied to continue and he handover the case to another advocate(means advocate 2.) without providing the NOC. while we asking about the charges of 2nd advocate whatever the balance is there that should pay to advocate 2 told by advocate 1.

now case is at the stage of chief affidivit need to be file. advocate 2 is demanding another price that is  unfair and failed to bare that amount.

now my question are.

1. is there any chance to approach another advocate at this chief stage? without taking the NOC from the Advocate 2.

2. we don't have any confidences on advocate 2 we would like to approach another advocate kindly give some suggestions.


 5 Replies

RAKESH ISHI   26 March 2023

if you have a genuine reason for changing advocates and are unable to obtain the NOC from Advocate 2, you may approach the court and seek permission to engage another advocate. The court may consider your request based on the circumstances of the case and grant permission for you to engage a new advocate. In such a scenario, it is recommended to be transparent about the reasons for the change and provide a valid explanation to the court.

It is important to communicate your concerns to Advocate 2 and give them an opportunity to address your grievances. You can discuss your issues with Advocate 2 and see if there is a way to resolve the matter without having to engage another advocate.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 March 2023

If the work was handed over to the second advocate by the first advocate without your approval it is not necessary that you should accept the second advocate.

Dr J C Vashista (Advocate)     27 March 2023

If first lawyer has returned brief it implies his/ her NOC and court or next lawyer shall not insist upon NOC.

When you do not have faith in second lawyer, as stated by you, why did you engage him/her ?

No lawyer except appointed by Legal Services Authority (on earth) shall accept a brief without consideration i.e., his /her professional fees, be clear in your mind.

N.K.Assumi (Advocate)     27 March 2023

The first advocate should not withdraw his appereance without sufficient reasons, and if he does so, he should refund such part of the fee that has not been earned. The second advocate should not appear without the permission of the court after obtaining the consent of the first advocate through the court..  

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 March 2023

Cases are not transferable between advocates without the concurence and approval of the client. If transferred with the approval of the client, unless otherwise agreed, the terms and payments to the new advocate remain the same. If the second advocate increases the remunaration later, the client can agree or terminate his services.

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