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Could you provide the NOC format for changing a lawyer from the existing one to a new lawyer?


25-Jul-2024 (In Civil Law)
I want to change my current lawyer to a new one. Should I do this by providing only an NOC letter from the existing lawyer to the new one, or do I need to prepare a new Vakalatnama? If providing only the NOC is sufficient, could you please help me with the advocate NOC format PDF and the details to include in the letter? Also, please provide the change of vakalat format and NOC from advocate format.
Answers (5)

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.

Answer #1
283 votes
A No Objection Certificate (NOC) is not legally mandatory when a client wishes to change advocates, though it is generally considered good practice to inform the previous lawyer. Most courts recognize that a litigant has the right to appoint a new advocate at any stage of the case. While some courts or clerks may suggest or request an NOC, especially for procedural clarity, it is not a binding requirement under law. If the previous advocate is uncooperative, the new advocate can file a Vakalatnama along with an application stating that the client wishes to change counsel and that the earlier advocate has been informed.
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Answer #2
959 votes
There is no specific format for NOC. You have to take NOC of existing lawyer on new Vakalatnama and filed in Court. Or you have to file application before Court for permission to change your current lawyer.
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Answer #3
557 votes
Dear Sir / Madam your new lawyer will provide you with vakalatnama, mentioning that noc is obtained from previous lawyer and both new and previous lawyer will sign the said vakalatnama and file it in court
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Answer #4
736 votes
My Response to your query: You can approach your previous lawyer with new (new Lawyers) Vakalat-nama/ Blank VP on that VP previous lawyer will make statement in writing that he is having no objection and signed on left margin.. After receive that Vakalat- nama you are free to move to wards another lawyer. This will suffies your purchase. For More detail you may contact me
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Answer #5
944 votes
hallo, wht type of matter is ur. if it's civil nature then tk a new Vakalatnama from ur new advocate and just receive sign on it with NOC remark. thre is no any format for it. finish. if u need advocate u may contact us through lawreto. thanks
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