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Advocate refusing to give NOC how to change my lawyer
07-Mar-2023 (In Documentation Law)
Our Lawyer claims to have filed a petition in the High court for a property issue in a layout. He also claims and that he has the stay Order. However he refuses to show the copy of the same nor any other document related to the case. Hence we have decided to appoint a new lawyer and file a petition in the High Court but he refuses to issue an NOC. He is also demanding more money by stating that the amount paid to him earlier has been spent towards the Stay Order. Is it also advisable for the remaining plot owners (who have not signed the affidavit) to file a new case through another Lawyer.
Usually, when you want to change your advocate, you may need the consent or “no-objection certificate” from the existing advocate for engaging a new advocate in his place. However, if he refuses to give the “no-objection certificate”, you may approach the court (where the case is pending) for permission to change your advocate, which is generally granted by the court, subject generally to your paying the (due or remaining) professional fee to the existing advocate if the advocate insists.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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