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Divya (nil)     07 November 2012

Can a lawyer withdraw his vakalatnama

Dear Sir/Mam

 

Can a lawyer withdraw his Vakalatnama from any court proceedings without a justifiable cause…this way any lawyer can jeopardize a client’s case by threatening to withdraw and weaken the client’s case..

 

In what circumstances can a lawyer withdraw his Vakalatnama??? Is a client not to be involved when lawyer takes ex-parte decisions???

 

Thankyou



Learning

 8 Replies

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     07 November 2012

The relation of advocate and client are of trust ,if no mutual trust left than what is the use of continuing.

You may take objection but how you can force any unwilling advocate to do justice with your case.

So better go ahead and engage another one with which you have better chemistry.

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com)     08 November 2012

It is mostly the accused who complain about the advocates. Even complainants must take care while choosing the advocate.

The advocate who has handeled you case knows all ins and outs about you, so why you want to make a new enemy.

Most important will be that whatever you do the other new advocate will not have confidence and you have to pay what ever is demanded.

So be careful while selecting first and once you have taken an advocate try to adjust since your aim should be the case and small irritantants with an advocate since no body is perfect. You are also not perfect so you have to come to the court., there are millions others who have never seen what court or an advocate is.

P.K.Haridasan (Advocate)     09 November 2012

Once the relation strained better go for another advocate. The advocate may his own reasons.The prime factor is to win your claim .

surjit singh (Assistant)     11 November 2012

While withdrawing the vakatlanama the advocate should give notice to cient and if the client is not in contact with the advocate, the advocate should give notice to the client by registered post and shoudl also informed the court about that. And only after submiting the proof of notice to the court the court will allow the advocate to withdraw from the case but it should be a cogent and reasonable cause for withdrawing the vakalatnama.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     12 November 2012

There may be a valid reason that another advocate has poached the client and in utter disbelief the earler advocate has not appeared.

 

Please read the reply of the same querry in expert section where one learned expert is claiming that he got FOUR FIGURE ADVANCE FEES from a client who had ditched without payment his earlier advocates.

surjit singh (Assistant)     14 November 2012

I have said the law to be followed in matter of withdrawal from a case. If some one does not follow the law and even throw the moral Advocate ethic to the wind, in that case it is upon the individual advocate own gravity in the profession.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     14 November 2012

Learned freind HARIDASAN has given the down to earth advice. You have to win the case so no use wasting time for the advocate where no mutual faith remained.

surjit singh (Assistant)     14 November 2012

Mr. Maru,  DIVVYA only wanted to know that whether a lawyer can withdraw his vakalatnamat. So my answer was only in legal context and its application.. I KNOW PRACTICALLY WHAT HARIDASAN SAID IS CORRECT.


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