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s..i..n..g..h.. (member)     05 February 2011

can i change lawyer by sending letter by post

at present in family court case is pending in hindu marriage act , i am residing far away from litigation place ,

1. i want to change/dismiss the lawyer can i do so by sending it by post .

2. can i send my written argument by post to court after removing lawyer



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 6 Replies

Tarun Dhingra (Advocate)     05 February 2011

 

1. i want to change/dismiss the lawyer can i do so by sending it by post .

ans-you can not change your lawyer without taking no objection from your old lawyer( to whom u r going to change) .

2. can i send my written argument by post to court after removing lawyer

ans-what is written argument . i think it should be written statement .if yes you can do it only by taking help of an advocate i mean  you will have to represent your case through advocate only . 

good luck .



 


 


 


 


 


 


 

s..i..n..g..h.. (member)     06 February 2011

dear tarun

"you can not change your lawyer without taking no objection from your old lawyer( to whom u r going to change) " under which law NOC is required , pls specify as far as my knowledge i am free to choose my lawyer

 

what is written argument . i think it should be written statement .if yes you can do it only by taking help of an advocate i mean  you will have to represent your case through advocate only . 

 

it is written argument not written statement and in family court advocate are not mandatory , any one who is party can plead his case without lawyer

 

Tarun Dhingra (Advocate)     12 February 2011

 

Q---under which law NOC is required , pls specify as far as my knowledge i am free to choose my lawyer.

ans- yes you are free to choose a lawyer . but if you want to change your  old lawyer you will have to take permission from your old lawyer by mean of taking signature ON  vakalatnama of your old lawyer and STATING  that i have no objection  (it is for sake of lawyer that you have  cleared the all fees and expenses of your old lawyer ) .and this vakalatnaama will be filled by your new lawyer by putting his signature on that vakalatnama .NO CERTIFICATE IS ISSUED IN THIS REGARD .

any one who is party can plead his case without lawyer

yes in family court you can plead without the assistance of a lawyer .section 13 of the family court act favours the dispensation of the services of the lawyer  and though family court may seek the assistance of legal expert .

it is written argument not written statement . 

according to my knowledge it should be written statement .and all the evidence is tendered byv affidavits . and whereEVER is necessary a deponent can be orally examined by the judge . OK .

 

THAT IS EVERYTHING ACCORDING TO MY  KNOWLEDGE 

 


 

Mahesh Mukadam (None)     18 August 2011

Mr Tarun Dhingra, You are absolutely wrong. Client can fire their lawyer any time. I have done that in the past and doing it now.You are a lawyer you should know better. Client can also represent themself and file written statement also. If you are a practising lawyer we expect very responsible answen, not misleading one. Please watch Marathi Drama TOO ME NAVECH

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     18 August 2011

The client should have ultimate objective for his case such gimmicks create more problems since the next advocate can not put his full energy  since you can also fire him at any time.

ajay k. gilhotra advocate (advocate)     17 December 2011

Dear 

     You can do so as u stated in ur problem.But it is sure that this letter has been written by u.To take the court in confidence that ur are able to contest the case and help the court procedure.


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