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sanjayrtn. (Exe)     25 June 2011

Change of Vakalatnama

Can anyone help me out with a proper format of consent letter of "change of Vakalatnama",

Most of the advocates demand cash towards fees and do not give a receipt; we oblige in good faith;

But our advocate introduced to us through a friend is now refusing to give "Consent for change of Vakalat nama"- and citing the reason demanding fee as per his whims and fancy; though a huge money by way of fee has been paid to him in cash from time to time as and when demanded; now,his intention is to harass me and trouble me by citing trivial reasons like non-payment of fee etc.,; Now what to do? I am in a fix; he is not even sending his junior to attend to the case; case is going for pass over;

there is no result so far; there is waste of time; and he wants to drag me and harrass me & trap me.,to extract money from me;

any positive advice?

with kind regards



Learning

 5 Replies

Deepak kharat (Legal Advisor)     26 June 2011

You may issue a legal notice to ur advocate for withdrwal of case and retruning of papers with consent  for change of advocate and in case of failure to do so, you may file a complaint for professional misconduct with Bar Council.This will serve your purpose.All the Best.

1 Like

sanjayrtn. (Exe)     27 June 2011

 

Oh thank you very very much sir, for your best wishes & your kind guidance! I am grateful to you sir, 

1)sir you have suggested to, "issue a legal notice to ur(my) advocate for withdrwal of case", i am unable to exactly comprehend as to what it (withdrawl of case) means? so actually what i have to do? Do i have to withdraw the case from the court? or what? sir, if you dont mind kindly clarify sir, i am terribly confused sir, pls help';

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2) and sir, Today evening there was a new development when i approached this advocate along with my friend;

to my utter shock and surprize, He said, that ,

"YOu are not my client", and do not enter my office here after, you will receive your papers through common friend",    

3)then subsequently he demanded a requisition letter from me for change of vakalatnama, which i gave-sent through friend, and he instead of giving "change of Vakalatnama"

4)he said to our friend, to make "change the "To"name in request letter, as the case is handled -filed by my junior Mr. so and so and he said,"along with junior's name also write my name (that is this our advocate's name) in To address,

5)( But sir when i do not even know his junior, how can i issue a request letter in the name of unknown advocate?) This is his new way of harrassing me?  Now if i issue a letter in the name of his junior(whom i do not even know or not even have met him or seen him), then again he will find one more way to harrass me? by again telling me some new story?

6)He is certainly trying to dodge me and confuse me? Yes , can you please advice? Help? i just can't understand his attitude?

 

Advocate Rajkumarlaxman (Advocacy)     27 June 2011

Issue a notice through another advocate with whom ur having your further matter delat with. He will guide you or else if ur are well versed u yourself can issue a legal notice to him by R.P.A..D. and mention all the details which best fits in law. and go further. 

himanshu harbola (Comp. Sec.)     27 June 2011

1) Hire a new advocate and file a fresh vakalatnama and mention to the court that u r willing to change ur counsel ( ur new counsel will to the same)...no body can stop u from changing ur legal counsel or hiring a new 1...

2) as suggested above send a legal notice through the newly hired advocate that u r revoking the services of the previous advocate for ur record purpose.

 

 

Regards ,

Himanshu

himanshu harbola (Comp. Sec.)     27 June 2011

I apologize for using the word  " Hired "..... it should be " appoint a new lawyer ".....i have great respect for lawyers and advocates.

 

himanshu


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