maks (SE) 01 December 2012

Right time to change lawyer?

Directly coming to the subject 498A with 506 and DPA 3,4 and DVA filed in one city. parents reside in other city(my hometown) i reside in other city where i work. So we consulted lawyer at our home town, l'yer@ht consulted another lawyer where cases are filed. Till bails payment done and now as "law takes its own course once instituted" we are travelling between the cities. Now our actual advocate at court is blackmailing me and asking me to think about settlement. I lost trust and want to change the lawyer(parallelly working on finding the other lawyer, who could be trusted). And when i contacted l'yer@ht regarding this blackmail he simply says we cannot take even NOC from him till trials starts.

Is it true?

If not, what I've to do?

Thanks for the guidance/support/suggestions in advance.

maks.

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 01 December 2012

@ Author,

1. Send a RPAD Letter of relieving him of his services and file fresh vakalatnama of second Lawyer in respective Court along with filing simple application of informing change of Lawyer in respective court case(s) is the required procedure.

2. In the letter you should also request for handing over all your files / documents relating to respective case(s) within say 7 days of receiving the Notice. Also clear all legal fees dues before instituting such Notice.

When a litigant loses faith in his own legal pleader there is no point continuing such professional relationship any further.

[Off the records if settlement is the view of current Lawyer then one should also ask why he come up to such view when such and such cases are pending. The wizardry reply with reasoning given by current advocate should also be weighted before hurriedly changing advocate just on “settlement” word he used is also some of the fellow advocates in profession view. Reasoning: Law is a art and should be serviced from head not by emotions.]

2 Like

Shantanu Wavhal (Worker) 02 December 2012

tajib tajob tajob

maks (SE) 02 December 2012

"1. When a litigant loses faith in his own legal pleader there is no point continuing such professional relationship any further

2. The wizardry reply with reasoning given by current advocate should also be weighted before hurriedly changing advocate just on “settlement” word he used is also some of the fellow advocates in profession view. Reasoning: Law is a art and should be serviced from head not by emotions."

The above points are most valueable and considered, as i mentioned the word "blackmail" and not went deep into the things happened. Actually there is no hurry in changing the lawyer but the question raises whther to continue under his legal advisory or not before the things turn against me.

On weighting the above two points the first point is the right one as of my knowledge, and i go ahead with its morality.

Thanks for reply sir.