RM (Engineer) 30 January 2014

Change of lawyer

Hello All,

I have filed a divorce case around 6 years ago and I feel that my lawyer is totally inefficient for the reason being

he has many associates under her and on each hearing the associates representing me keep changing so now no one has a solid grip on my case

he does not even know everytime when my case hearing is scehduled

he acts as if she is very busy and never gives us any time to even discuss with him regarding my case

My concern now is I have to change my lawyer as this person is not facilitating my case properly,

Please let me know how can i get my case papers from this lawyer in a smooth way. Is she going to create any problem if I say i need to change my lawyer?

Thanks

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1 Replies

Gautam Kapoor (IT professional Studying Law) 01 February 2014

I suggest talk to you lawyer and explain him your hardships. Why is the case being delayed so long (they has to some genuine reasons which you can iron out with your lawyer).

You can always ask for a NOC from you lawyer provided your terms and conditions with him are met in amicable terms.

Also you can ask you legal counsel for speedy dispostion of case under relevant act

Section 21B in The Hindu Marriage Act, 1955

21B. Special provision relating to trial and disposal of petitions under the Act.

(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from clay to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.