Navigating the Changing of Lawyers During a Civil Suit in India: A Comprehensive Guide

Are you frustrated with your lawyer in a civil suit in India and want to change to a new one, but your current lawyer is refusing to provide a no objection certificate (NOC)? This article will provide you with a step-by-step guide on how to proceed without facing undue obstacles.

Understanding the Requirement for NOC

When it comes to changing lawyers in a civil suit, the requirement for an NOC can vary from case to case. In many instances, it is not strictly mandatory for the court to have the NOC from the current lawyer. However, it is a common practice for new lawyers to request an NOC from the previous lawyer to ensure a smooth transition.

No NOC Is Required

If your current lawyer is refusing to provide an NOC, it does not necessarily mean you cannot change to a new lawyer. You can appoint a new lawyer of your choice and explain the circumstances to them. Settle your terms such as fee structure (lump sum or per appearance, document charges, filing charges, etc.).

Handling Documents

If any original documents remain with your previous lawyer, you can serve them a notice demanding the return of the documents. Once you have taken back your file, you can appoint a new lawyer who will appear in the next hearing and submit a vakaltnama (power of attorney). Submit an application to the court for a date to pursue the case further.

Changing Lawyers Without NOC: A Legal Perspective

There are certain legal loopholes you can exploit to change lawyers without requiring an NOC.

Disengagement and Petition

Despite the fact that NOC is a matter between two advocates, most courts in India, including the Supreme Court and High Courts, ask for the new lawyer to file an NOC obtained from the old lawyer. This practice is based on the reluctance of most advocates to get entangled in such situations.

One way to circumvent this is by giving a written notice to the court that you have disengaged your current lawyer and request permission to engage a new one. The court usually allows such petitions. Once the petition is allowed, the new lawyer can appear on your behalf without an NOC from the previous lawyer.

Serving New Advocate

You do not need to worry about the previous lawyer's NOC. You can engage the services of a new advocate by giving them a power of attorney or a fresh vakaltnama. The advocate works under the power of attorney given to them by the client, and this power can be withdrawn at any time.

Appearing in Court

The quickest and most effective way to change lawyers without an NOC is to appear in the court in which your case is pending and file a petition. In your petition, you should state that you want to disengage your current lawyer and that there are no outstanding dues. The court is likely to grant such a request and provide you with the necessary time to engage a new lawyer.

Conclusion

Changing lawyers during a civil suit in India can be challenging, especially when the current lawyer refuses to provide an NOC. However, by following the steps outlined in this article, you can navigate the process effectively and ensure that your case continues to progress smoothly. Remember, the ultimate goal is to find a lawyer who best suits your needs and can help you achieve your objectives in the civil suit.

Related Keywords

Related Keywords: civil suit, NOC, lawyer change