Upgrad LLM

can advocate refuse to give noc


This is regarding Accident Compensation from third Party. We filed OP in lower court but the award was less than the amount filed.Our Advocate manipulated us that he has filed the petition in the court well in advance, but he filed it with delay.We payed him his Fee. We came to know about this when he started demanding ruthless amount as Fee for the getting the Amount released from the court. Judgment for the case has been given but the Permission and cheaque petitions have to be filed and the amount has to be released.Is "NOC" from him required for other advocate to file cheaque petitions.If NOC is required, What can we do if the Advocate does not give it.What action can be taken on such advocates who harrase clients for Ruthless Fee in crucial time.Please suggest.......

 
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Advocate

You have to obtain NOC from the Advocate on record to engage another
advocate. But in even present advocate is refusing to give NOC you can
file your affidavit before teh court expressing your willingness to
chage advocate.

 
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Thank u Sir, For your valuable suggestion.

 
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n/a

you are not specific about your allegation. we also dont know the version of other side. still lawyer cannot harras you. but he has all the right to recover his fees which is agreed by you. despite if he is not giving NOC meet concern judge and take his permission to engage another lawyer also you can report the matter to bar council.
 
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Rightly said by Mr.Srinivas BSST and other friends

 
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Lawyer

[WITHOUT PREJUDICE]

[1] You filed case in MACT.
[2] It was filed after a delay.
[3] Petiton for compensation is decided.
[4] You have to file petio\tion for release of amount.
[5] You are not able to do so because Advocate is insisting for his exorbitant fees.

on the above facts you want ot know whether Advocate can refuse to give NOC. The words used by you are [a] manuplaated and ruthless fees.

Firstly the question of delay may not arise as there is no time limit to file MAC petitions. Secondly case has been decided and award is passed.

On the above circumstances i do not see why U should grudge the Advoate his fees. The amount of work and efforts an Advocate puts in cannot be quantified. The Advoacte being a proffessional no one else has the right to decide how much fees he should quote for a particular work.It is in bad taste to haggle over the fees after the job is done. the Adovate is in no way responsible for less amount being awarded. as it is the Judge who has awarded the amount.

 
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Advocate

Sir the Fee an advocate can charge has
been quantified in Advocate Fee rules. I do agree with all the other
points raised by you. But  as far as i am concerned I am in a
view that an advocate should never demand fee from his client. If his
services are upto the satisfaction of the client, he himself
voluntarily will pay the fee. Dont you think so Sir?

 
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advocate

sir please dont take me other wise but one should have a fixed fees,against his services he should ask for that.


 


yes one need to give pro bono services.

 
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Advocate

Then the wealthy only can take this proffession.  Without asking for fees who the hell is going to give the fee. If satisfied is not in the portfolio of so many clients especially in criminla cases. After their matter is over they will vanish by giving some thing to the Advocate. As Sri suggested that can be done in Britain for Lords. Advocay at a time a noble mans proffession not like as in independent India. How to tackle the Advocate is the aim of several clients.  How to milk him the otherside. There are exceptions. Ask for fees. But very decent and gentle fees for the work done. For eg. Asking for an adjournmrnt rs.5000 is not genuine. Don't believe what the querry stated. He is telling his line of arguement. There is other side which as lawyers we must presume to be more genuine and reasonable than a an MACT client. So before analysing the details it is not fair to pin down the noble proffession, our own proffession. Shamit is right one must have a fees for his service. How can you give that right to fixation of your price to a third party whose satisfaction factor will go on changing. We can do service to society. That is not proffession but service. We are not expected to do service to clients. But we must do service to the nation and ti  the judicial system. Rajan is right in thinking like that. Why a client is grudging against his Advocate after finishing the main work. He is having dissatisfaction to his Advocate when the money is about to come to his pocket. My sincere feeling is that keep up the proffession decently, gently and ask for reasonable fees for the work you have done. There is nothing wrong or  irregular in it.




 


The only querry which deserves an answer from a lawyer to the Engieer who asked the querry is  even with out NOC you can change the Advocate with the leave of the Court. The other details are immeterial so along as the lawyer fraternity is concerned.


Total likes : 1 times

 
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With all due respect to the majority of advocates who are undoubtedly sincere and ethical in their practice, I must point out that especially in metro cities, many advocates do not specify their fees to the client and merely ask for a lump sum up front 'on account'.  Later on they ask for more lump sum amounts.  Many of these advocates do not even give any invoice or receipt unless the client keeps insisting.  Some unscrupulous advocates charge 'per date', regardless of whether the bench is sitting, they or the OP takes adjournment, or for whatever reason. 


At the very least the advocate as a professional, should specify his charges in detail before the client signs the vakalatnama.  This will also avoid ill will at a later stage.

 
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