IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajesh   16 June 2021

Current advocate not giving noc, case documents to change ad

Current Advocate not giving NOC & Case Documents to Change New Advocate

Respected Advocates,

I have hired an advocate to deal with my divorce issue at Telangana High court, Hyderabad. The advocate has charged very high fees for my legal notice, Divorce petition charges that he demanded to pay the fees by cash. As per the advocate's request, I have paid the fees by cash but I insist him to provide the receipt which he didn't gave. I have asked my Advocate many times to provide a copy of my case documents (i.e Legal notice copy, Divorce petition copy, Legal notice reply received from the opposite advocate, Register post acknowledgement..etc) but he has never provided it. Further, I have seen my advocate not taking proper responsibility in taking up my case, when I am at risk he has been delaying my casework. The guidance my advocate has given me is wrong and have kept me in more trouble.
           After understanding this situation, I met new Advocates outside to know their perspective about my case and they all revealed my case was not taken properly by my old Advocate. In fact, my old Advocate didn't reveal the first hearing date of my Divorce petition which has passed away. I have been asking my old Advocate to give me a NOC & case documents so that I can represent a new Advocate but he is not providing them. My second hearing for the Divorce petition is due in another 1 - 2 weeks. I want to give my Divorce case to the new Advocate, request you to reply to these 4 questions about the best possible way to resolve this issue.
1) It looks like my Old Advocate is trying to demand more money by not providing NOC & case documents. Is this the only way to get NOC & case documents by paying more amount to Old Advocate?

2) Even though I have cleared all the dues at my old Advocate and he is creating a problem for me to change my new Advocate, Do I have any risk in future that my old Advocate can create problems? 

3) Without approaching my old Advocate for NOC - What are alternative ways to give my case to a new Advocate, get my case documents and how much time this process will take?

4) During this Covid situation getting a NOC from my Old Advocate or giving my case to a new Advocate through alternate ways, can't these things are done online and do they need to be done physically?


 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     16 June 2021


Settle the issue amicably with your advocate. 

Asgher Mahdi (Advocate & Legal Advisor)     16 June 2021

When you hired the sevices of new advocate  who inturn helpful you, why cannt he help you as in this matter?

Moreover, as said by other forum lawyer/s please try to resolve it amicably if not report the Bar Counsel of that State.

Sankaranarayanan (Advocate)     16 June 2021

I do agree with experts

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query