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(Guest)

My advocate not ready to give no-objection certificate.

 

After spending 3 years in court, I came to know from another advocate that the case in which I'm respondent is not maintainable because wife filed it in incorrect section. ie. HMA 13(1) asking for annulment on impotency and mental cruelty. My advocate should have asked for maintainability hearing and get it dismissed. 

When I approached him for no objection certificate and case file for changing advocate, he is asking for huge money for the same. I have already paid fees at each stages and every hearing till date.

I'm not ready to pay him anymore and want to handover the case to another advocate. 

So, Please let me know how to proceed to change advocate if he is not willing to give no objection certificate.

Can I directly ask the judge to change the advocate showing the mistakes he made in handling the case?

Please help.

 



 12 Replies

anil kumar (service)     24 October 2012

Advocate is not entitled to claim lien on case file entrusted to him. Even if the existing Advocate is not willing to give no objection certificate you are entitled to appoint a new Advocate who is identified by you and is willing to act and plead your case. At the most if the court considers appropriate it can issue notice to the Advocate to explain as to the reasons for not giving no-objection or the Court may without such course would allow you to be represented by another Advocate of your choice. There is no need for you to explain the conduct of the Advocate to justify engagment of new Advocate after all he is considered as your agent.

 

Sanjeev (Lawyer)     24 October 2012

ypu dont need a no objection certificate if he does not give the case files the new advocate you appoint can get the papers from court file.

rajiv_lodha (zz)     24 October 2012

Yes, take the short route. Appoint new advocate & he wil start representing u in the next date. Do not call the previous one to attend the court on the day of hearing

swasti (Manager)     24 October 2012

Originally posted by : rajiv_lodha

Yes, take the short route. Appoint new advocate & he wil start representing u in the next date. Do not call the previous one to attend the court on the day of hearing

Is it ok to sign the Vakalatnama for new advocate and appear with him on next date without no-objection certificate from present advocate? 


(Guest)

A No-Objection certificate from the current lawyer before engaging a new lawyer is only a test of prudence and not a legal obligation. There is nothing in law which requires you to obtain a no-objection certificate from your lawyer. The lawyer has no lien over the case file of his client as lien depends upon the marketability of the property so held. The case file of the client cannot be sold in the market. Hence, a lawyer has no lien over the same. A lawyer can at the most take recourse to law if his fees has not been paid. However, as you are claiming to have paid his fees you should go ahead and engage a new lawyer and inform the court about the same at the next hearing.

 

 

Ashish Davesar

Advocate

Supreme Court of India

Punjab and Haryana High Court

2 Like

(Guest)

My new advocate is insisting for no-objection certificate from my present advocate, and he told me that otherwise it will lead to direct conflict between the advocates...

So, can I myself file any application in court to remove my present advocate and asking for some time to find new advocate? or Can I file application to remove present advocate and contest the case in person, and on next date appear with new advocate?


(Guest)

Inform the court at the next hearing about your decision and also the fact that no fees of your counsel is left unpaid. Don't contest in person. You are not competent to do that.

1 Like

(Guest)

I mean not really contest in person but use it as a reason to remove my present advocate without engaging new advocate. Then on next date appear with my new advocate.. so just avoid the possible conflict between advocates on no-objection certificate..

anil kumar (service)     26 October 2012

In which Court the case is pending I mean family court of which State to know about the applicable rules. 


(Guest)

FC in kerala


(Guest)

FC in kerala

Raj (fr)     16 January 2014

what is the procedure of lawyer change in Ranchi family court.

is there good divorce lawyer at ranchi family court.

rgds,

Raj


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