nandy 20 February 2022

What to do if advocate informs party of retirement but does not inform court?

\my aunt's advocate informed her that she is retiring from the case in Dec 21. Accordingly she gave vakalath form with no objection written on it. The advocate also confirmed on email/whatsapp that she was retiring and would submit memo in court.

We could not get ordersheet in Jan due to covid S.O.P and the copy we applied for only arrived last week. Now we see from ordersheet that she has has not submitted memo of retirement in 3 subsequent hearings that have happened.

The advocate is now not responding to any communication.

Is party expected to inform court of advocate retirement? How do we handle this situation?

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11 Replies

Kishor Mehta (CEO) 20 February 2022

The party should inform the Court of Advocate's retirement from the suit, without waiting for the Advocate to inform the Court, in their own intrest. It is the duty of the party to have informed the Court

P. Venu (Advocate) 20 February 2022

Admittedly, the advocate has given no objection. You may engage advocate.

Dr J C Vashista (Advocate) 21 February 2022

Intimation to client for his/her retirement from the case with NOC is sufficient for an advocate, now it is the client to manage his / her case inclulding appearance / intimation to the court.

nandy 21 February 2022

Sirs In this case the advocate has explicitly communicated the she will inform court of retirement. So there is no reason for us to think otherwise. Isn't providing such communication and then not following up a form of misleading the party?

It is a different matter if the advocate had provided no such communication.

Can this explanation be given to court and to permit filing any objection to the proceeding related to the 3 hearing?

We are under impression that once advocate retires court will issue steps giving us time to find a new advocate and proceed with the case. Is that not correct?

Kishor Mehta (CEO) 21 February 2022

An advocate will never inform the Court that he/she is retiring from the case. It is the duty of the party to inform the Court of the retiring of the advocate and appointment of a new advocate in his/her place.

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Dr J C Vashista (Advocate) 22 February 2022

Once counsel has informed the client qua his / her retirement from the case it is the case / call / responsibility of the concerned party to manage his / her case.

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Anjum Rukadikar 22 February 2022

yes.. the party should inform the court about the retirement as the lawyer has already informed the party about it or else the matter may get dismissed or any adverse order may be passed.

Adv.Asgher Mahdi (Advocate) 26 February 2022

advocate is right on his part did lawfully required. Now, left to the litigants to decide next course of action to choose a new council of his/her choice before the next date of hearing.

Nishant Chauhan 26 February 2022

if this is the scenario, then one can ask the court or the court in its own discretion can give the party an free legal aid advocate.

Mohammed Rizwan Shaikh (AM) 28 February 2022

Yes I agree with the respected expierts advice

nandy 02 March 2022

For the sake of other confused litigants: Contrary to the expert opinion and other advocate opinion the average educated citizen will expect that a written commitment to file memo of retirement should be kept up.

Now 3 weeks after failing to file the memo of retirement and attending two heariings after giving NOC the adovcate emailed saying she will file memo of retirement in next hearing.

So it not that advocate wont file memo of retirement. So dear fellow litigants please proceed with caution