I have signed a vakalathnama without putting date for entrusting a case with an advocate. But I changed up my mind for not proceeding with this case after a week of signing vakalathnama. This advocate informed me that he is not going to file this case in court if I am not interested. Here I want to take over /withdraw this vakalathnama from this advocate as I am not interested in filing case in court. Here I also want to take over all the connected documents of this case which was already handed over to this advocate. Please advise me the procedure for taking over this vakalathnama and connected documents from this advocate when this case is not going to be filed in court.
It is very simple to act upon opinian exppressed by the experts earlier how ever if you smell something wrong with the advocate Serve the notice to the advocate calling upon him to return your documents and also asking him not to use the vakalatnama in any manner what so ever , the advocate concerned has no option but to act as per your instructions ,how ever you should make payment of his fees if any
I have paid 15000 rupees on the day of my signing vakalathnama for court fee including his advocate fee. He has sent a reply lawyer notice to the lawyer of the opposite party. After this I have changed my mind for not filing case in court. I expect some money from him because he has done only one thing (sending a reply notice). But that too I have not seen any postal receipts for sending this.He has given me a photo copy of this reply notice signed by him. He has not showed me any postal receipts for proof of sending it by him. As opined by experts, I will ask for all documents including vakalathnama. If he is not returning me these documents and vakalathnama, I will serve a notice as advised by Shantilal sir. Please advise me once more. Thanks in advance.
It will be better for you to serve a notice by Regd post A.D to your Advocate and ask him to return all the documents along with your case file and not to use the Vakalatnama without your instructions.