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kkrao Rao   13 May 2025

Transferring wp from one lawyer to another has become a hurdle. how to do it?

We, 10 people have applied a Wp In combined High court of AP and Telangana through a HC lawyer stationed at Hyderabad. After bifurcation the WP proceeds have been transfered to AP HC. The Hyderabad lawyer is not showing any any interest on our cause nor responding to our reminders on the status. In these circumastance we have decided to engauge a lawyer of AP HC to take up and pursue the proceedings. We approached the first lawyer to hand over the case to the present lawyer. For that he is demanding a large sum of fifty thousand from us. Is there any way to continue the old case WP No. with the new lawyer without paying him that amount? As he has not appeared even once in the AP HC. 

kkrao22@gmail.com 

Visakhapatnam 13 May, 2025



 9 Replies

R.K Nanda (Advocate)     13 May 2025

You have to take NOC from previous lawyer and then file it in HC  and then you can get a new lawyer who can appear in AP HC.if you had paid full fee of previous lawyer then he can't demand any more money from you.

 

 

P. Venu (Advocate)     13 May 2025

The demand is less than professional. Given the unique situation, it could be possible to engage another advocate even without NOC from the first advocate.

R.K Nanda (Advocate)     13 May 2025

You can't engage new lawyer with out taking NOC from previous lawyer. Even HC will not allow it.

T. Kalaiselvan, Advocate (Advocate)     14 May 2025

If you have already engaged the lawyer earlier, then to engage the services of a new lawyer in  the AP high court you may have to terminate the vakalatnama given to the previous lawyer and obtain NOC from him to enable the new lawyer to appear on your behalf.

Since there are ten members, each can contribute the fee demanded by the previous lawyer and obtain NOC  if you want to solve the problem effectively, even otherwise this is not a legal query, you may have to decide based on your circumstances. 

kavksatyanarayana (subregistrar/supdt.(retired))     14 May 2025

You shall obtain a NOC from the previous lawyer of the combined HC, AP and then engage a new lawyer in the AP hc.

Dr. J C Vashista (Advocate )     15 May 2025

Well analysed, opined and advised by learned senior experts, which I fully agree.

However, it is not a legal query.

kkrao Rao   22 May 2025

Dear [Lawyers],

We appreciate your prompt response to our query regarding the pending WP case.

However, we would like to clarify certain aspects and express our concerns. First and foremost, we would like to highlight that all petitioners in this case are senior citizens, aged 80 and above.

As you are well aware, court cases are lengthy processes, and our petition, initially submitted in 2012, has not yet come up for a hearing. Despite paying the full fees at the time of filing the vakalatnama, our lawyer has failed to appear in court or make any effort to advance the case. As such, there are no outstanding dues on our part.

Recently, upon approaching him, we were informed that he is a bar associate of the Telangana High Court but has not registered with the AP High Court. Consequently, he has suggested deputing a junior lawyer for the case transfer. However, as senior citizens unfamiliar with the credentials or capability of this junior lawyer, we are concerned about the effectiveness of this arrangement. Given the complexities involved, we seek your guidance on the best course of action.

Specifically,  I sought your advice on shifting to a new lawyer from AP High court. with the 13 years old case no as we don't want to approach that lawyer to plead, if our case hearing comes in near future. 

 Your expertise in this matter is suggesting to go for a new case with freshwakalthna with new lawer. So, it will take anothe decade to come for hearing. GOD only knows whether we survive  by that time and enjoys the fruits of the  judgement, if it comes to our favour.

I/we are very much thankful and appriciate your valuable suggestion in this regard.

Your sincerely,

kkrao22@gmail.com

T. Kalaiselvan, Advocate (Advocate)     22 May 2025

You are at your liberty to terminate the vakalatnama given to the current lawyer and engage a new lawyer who practices at Amaravathi High court  to handle the case. 

You have explained your plight but you failed to understand the practical issues involved in this situation.

We experts can give only suggestions and opinions but you have to use your own prudence to handle the case effectively using the suggesttions received.

 

Dr. J C Vashista (Advocate )     23 May 2025

You should replace your lawyer.


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