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ramesh (software engineer)     28 July 2014

What is the procedure to change lawyer?

I live in USA and signed a vaklatnama enabling the lawyer I hired to appear for my divorce case which was filed by my wife. He is defending a case which the other party filed on the ground of mental cruelty. Those are false allegations and even the other party did not list any specific incidents except alleging generically that I was torturing my wife and kept captive. He (or his junior) had appeared in the court just 2-3 times. My counter petition is due in court by the end of this week. I already paid 30k and he is now asking for an additional 35k which I feel very unreasonable. I am also not happy with the way he is handling the case. Anyways, I’ll have to stick with him at least till the counter is filed as it is very short time for me to find a new lawyer and explain my case details and file a counter by this Friday. But after he is done filing the counter petition, I want to find a new lawyer.

So can someone please share the procedure for changing the lawyer?

While providing your inputs, please bear in mind that I live in US and will not be able to travel to India any time soon. In this case should I have to talk to another lawyer and send him a signed vaklatnama stating that the earlier lawyer will no longer handle my case and this new lawyer will do so, and have him provide the vaklatnama to the court?

Is there a mandatory requirement to get a no objection letter or anything of that sort from the current lawyer?

How will the original petition that was sent to my current lawyer from the court will be handed over to the new lawyer? Can the new lawyer just obtain that from court by referring the HMOP number?

Please provide your inputs and share the procedure.




 3 Replies

ramesh (software engineer)     29 July 2014

Please, any inputs about the procedure? Thanks.

Soman (Dy Manager)     29 July 2014

Search and decide the new lawyer.

Give the new vakkalathnama to the new advocate. SMS/e-mail your decision & request to handover all the case related papers to the new advocate along with NOC. Your new advocate will handle the rest. If the advocate refuses, then the decision to change advocate will be informed to the court by the new advocate. We are not supposed to run behind it, we pay them, let them do their work.

                I have changed my advocate once when I found out some double deal. One thing, let me say, if it is the money, frankly tell him. He will not let go of a well-paying party. Advocates charge as per paying capacity also.

If you feel that the case is dragging and he is not handling well; rethink. It is a syndrome, majority go through that. My advocate was good enough to tell me this. He told me to study my wife’s behaviour in court. She was shouting at her advocate. How come both the advocates are spoiling their case!!

Changing an advocate is not a big deal, getting a better one is.

Best wishes for getting a good lawyer.

1 Like

ramesh (software engineer)     29 July 2014

Hello Soman,

Thanks a lot for the inputs.  I certainly agree with your statement “changing an advocate is not a big deal, getting better one is”.


Thanks for your thoughts. I am rethinking. Let me be patient and see how it goes.

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