Rakhi (Software ) 22 July 2011

How to change advocate

Dear Sir,

I have filed divorce suit against my husband .I did everything taking mu advocate consent.Now my advocate is charging that he had a talk with respondent advocate and they could make it mutually if i give them a lump sum amount or else the case will go on and i have to wait for 3-4 yrs to get the result.

I had asked them that its not me who has to sign on mutual paper the other party also needs to do it.Let me see what he is looking for.

Learned members i doubt that they are taking advantage of me,and if i have to go for contest or mutual talking with him directly then these people will not let it happen easily as they will be losing their big share that they are expecting.

Kindly let me know if i want to change my advocate what do i need to do.If we file mutually then i want to take any other advoicate and do it.will it be possible? or else if it goes in contest can i change the advocate.If i do it what will be the implications on my proceedings.

Let me know plz...

waiting for ur response

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6 Replies

Rakhi (Software ) 22 July 2011

Dear Learned Members,

No one has replied to this post.I may nt be clear in my words.How can i change my advocate for the furture hearings.If i do change will it have any impact on my proceedings.

Please respond

Self service (None) 22 July 2011

I am also facing similar issues, but that is normal. Changing lawyer will not help lawyer also want to make money without doing any effort.

But in my case lawyer is advicing but at same time continue with process.

Vishwa (translator) 23 July 2011

If you do not find the services of your lawyer, you are always free to change him. In fact this is your fundamental right. The sacked lawyer will make so many threats and blackmail you but there is no need to feel scared. He will definitely ask for more money but there is no need to pay any thing. If he becomes quarrelsome, you should ask if he has made any written agreement regarding the fees schedule, this will shut him up. The new lawyer will have no qualms about accepting your case irrespective of your situation with the previous lawyer, basically most lawyers are dishonest and without any principles. That is why you can see so many lawyer jokes floating around on the internet.

BEst of luck

Vishwa

1 Like

(Guest)

You need to take a NOC from the Lawyer that he has no problem in you getting a New Lawyer appointed. In that case he will sign on the Vakalatnama of the new Advocate that he has no objection.

The other way is that you can terminate his srevices by giving him a notice. Settle all his pending dues if any and take back the file from him.

There is nothing to worry you have all the rights to change the Advocate.

sonu sarjine (Lawyer) 28 October 2012

hI,

ITS VERY SIMPLE U CAN ASK TO GIVE NO OBJECTION CERTIFICATE OR ELSE TELL UR ADVOCATE TO GIVE VAKLATNAMA WITH NO OBJECTION ON IT TO APPOINT ANOTHER LAWYER.

OR ELSE SEND NOTICE OF TERMINATION OF HIS SERVICE.

FURTHER FOR MUTUAL DIVORSE U CAN MAKE SUBMISSION DIRECTLY BEFORE THE HONBLE COURT .(WRITTEN SUBMISSSION) WHICH SHOULD BE SIGNED BY BOTH THE PARTY TO THE SUIT.

REGARDS

SONU