Could you provide the NOC format for changing a lawyer from the existing one to a new lawyer?
25-Jul-2024 (In Civil Law)
You must file a fresh vakalatnama for the new advocate; obtaining a written No Objection Certificate (NOC) from the outgoing advocate is professionally proper and speeds registry acceptance but is not always legally mandatory: many courts and the Bar Council rules recognise a litigant's right to change counsel and accept a new vakalatnama without an NOC (Karnataka Power Transmission Corp. Ltd. v. M. Rajashekar). [https://www.courtkutchehry.com/judgements/530325/karnataka-power-transmission-corporation-ltd-vs-m-rajashek/] The registry practice is mixed and some benches will insist on an NOC if the earlier advocate still holds a vakalatnama. [https://lawstreet.co/judiciary/new-advocate-requires-to-submit-noc] If the earlier advocate refuses an NOC you can file an application before the court seeking substitution and the court may allow the change; an outgoing advocate cannot unreasonably withhold client papers and refusal to return files may amount to professional misconduct (R.D. Saxena v. Balram Prasad Sharma). [https://indiankanoon.org/doc/151656/] Vakalatnamas are required to place counsel on record under court rules. [https://indiankanoon.org/doc/149070046/] The Bar Council of India Rules set advocates-duties on withdrawal and return of papers. [https://indiankanoon.org/doc/189643609/] If the matter is criminal note the new criminal statutes apply (Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam). [https://lawfyi.io/the-bharatiya-nagarik-suraksha-sanhita-2023-bnss-bare-act/] Sample formats you can use: 1) Advocate NOC: "NO OBJECTION CERTIFICATE: I, [Name of outgoing Advocate], Enrolment No. [____], certify that I have no objection to Mr/Ms [Client name] engaging Shri/Smt [New Advocate name], Enrolment No. [____], as counsel in [Case Title/No] pending before [Court], and I surrender/withdraw my vakalatnama dated [date]. Date: [___] Signature: [Outgoing Advocate]." 2) Change of Vakalatnama memo to file with court: "VAKALATNAMA/NOTICE OF CHANGE: I, [Client name], hereby appoint Shri/Smt [New Advocate name], Enrolment No. [____], to act for me in [Case Title/No] pending before [Court]; earlier counsel Shri/Smt [Outgoing Advocate name] is discharged. Date: [___] Signature: [Client]. Advocate's acceptance: I accept. Signature: [New Advocate], Address, Enrolment No., Date." Follow up by filing the new vakalatnama and either the outgoing advocate's NOC or the substitution application, and if papers are withheld seek court intervention or Bar Council remedy. These are general steps; courts and registries vary by jurisdiction so you may wish to check local practice or list-specific rules before filing.
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