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Divya (nil)     22 December 2012

Can a power of attorney holder fight cases in court

Can a power of attorney holder fight cases in court by removing an appointed lawyer


Dear Experts

Some matters like Writ Petitions In High Court and Civil Proceedings in District Court are being handled by a lawyer for my parents and brothers..

I do not find the lawyer co-operative as he has not drafted any petitions properly nor is he doing correct work in other courts for my parents and brothers.

Can I make an application before the court that all writ petitions and civil proceedings in other courts will be contested IN-PERSON (i.e. by my parents  and by my brothers)

But my parents and my brothers will not personally contest any proceedings…They will give me the power-of-attorney to contest petitions and civil proceedings IN-PERSON on their behalf. I want to file new petitions and proceedings before the various courts and contest the case as a power-of-attorney holder for IN-PERSON proceedings.


Please suggest the right course of action.


 8 Replies

Shantilal Pandya ( Advocate)     23 December 2012

Yes ,you can do that , your parents etc will have to terminate the authority of their apponted layer


Your parents need a no-objection certificate from the current lawyer before they can drop him and contest in person. If they wish to appear in person they don't need to execute a power of attorney. The court shall disallow you from pleading their case if they are the parties to the case and wish to appear in person.


If the lawyer is not doing his job properly the proper recourse is to change the lawyer and not to appear in person. You lack the knowledge and expertise of a lawyer and can seriously end up botching your case. Self medication is always fraught with the risk of doing more harm than good.


Ashish Davessar



Supreme Court of India

Punjab and Haryana High Court

Shantilal Pandya ( Advocate)     24 December 2012

Originally posted by : Shantilal Pandya

Yes ,you can do that , your parents etc will have to terminate the authority of their apponted lawyer, however you will need  necessary  legal expertise to do that job,thanks  

Chetan Joshi (Advisory/Advocacy)     24 December 2012

Yes....It can happen post termination of the previous counsel.....It seems like you know about litigation....What ever you do, take wise decisions.....






bala (proprietor)     06 January 2013

Hi Divya, Practically, going to court and pleading your own case is the most frustrating experience you will ever have which can seriously affect your case pleading. The mental apart from physical stress will put you in a disadvantage in fighting your case on your own. Please go by the suggestion of Mr. Ashish Davessar. You can assist / suggest your newly appointed counsel in your own way / self acquired knowledge. This sincere advice comes out of experience. Good Luck Bala

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     28 January 2013

Simply change the Lawyer: Well explained by Ashish & bala

Vijyant Nigam (09807349001) (Advocate)     08 July 2015

Agreed with Ashish A latest judgment is 2010 LCD Page 1 971794 (Advocate)     04 September 2015

Well, it is good device to Change the lawyer up do not plead it yourself.

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